Feature Article May 6, 2004
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Addington Highlands moving closer to ATV bylaw
A 3-2 split among Addington Highlands Councillors over a proposed ATV Bylaw once again dominated this weeks meeting of Council, with the Reeve and deputy Reee remaining in the minority
Two weeks ago, council deferred a decision on the issue until the townships lawyer could give an answer on what the townships liability is right now in case of an ATV accident, and if that would increase with the passing of a bylaw.
While the lawyers answer was not released to the media, Reeve Hook explained the situation this way:
Presently, the owner or insurer of any type of vehicle could sue the township in case of an accident due to lack of maintenance of a township road. For example: if a car or motorcycle hit a washout and the driver is injured, he or she could sue, and since the township has a responsibility to make the road safe for those types of vehicles, the suit might be successful.
If, however, an ATV hits a washout and the driver is injured, the driver or their insurance company would likely not win a suit against the township, as it is presently illegal to operate an ATV on a township road. A bylaw allowing ATVs on township roads would make the township responsible for keeping those roads safe for ATV travel, bringing extra costs as well as extra liability. Reeve Hook and Deputy Reeve Berger are strongly opposed to passing a bylaw for those reasons.
Reeve Hook points out that many roads in the township have not even been inspected to see what condition they are in. Presently, he said that ATVs travel the roads because the OPP cannot really enforce the restrictions, but the township has no liability. Why not leave things the way they are? he concluded
Roads Superintendent Royce Rosenblath said that there are 70+ kilometres of seasonally maintained and unmaintained roads in the township.
Of over 400 municipalities in Ontario, 28 have passed ATV bylaws.[The Ontario Federation of ATV Clubs website shows that while many municipalities have declined bylaws, those that have passed them in Eastern Ontario include the Town of Bancroft and the Municipalities of Hastings Highlands, Algonquin Highlands, and Highlands East]
Reeve Hook has expressed the concern that once an accident takes place in one of the townships with a bylaw in place, insurance costs will rise dramatically, perhaps in all municipalities that have ATV bylaws.
In the end, Councillor Bill Cox suggested that a bylaw be passed allowing ATVs only on already maintained roads. This restriction would decrease both the liability and extra costs of maintaining the roads.
Royce Rosenblath asked if ATVs would be allowed to travel in the ditch, saying that they would tear up the shoulder and cause erosion as they go up and down the bank. It was agreed that they would be allowed only on the travelled portion of the road.
Reeve Hook said he felt better about the new proposal, but he still wasnt happy about it.
There was further discussion about whether the township would be required to sign all the roads on which ATVs were not allowed, and that will be investigated.
A motion to draft a bylaw allowing ATVs to travel on specific, maintained roads passed in a three to two vote.
Council discussed a new protocol that the Ontario government has signed with the OPP to clarify roles in responding to bear problems. The OPP will respond to emergency bear calls, and call the MNR if their help is needed.
The City of Welland is seeking support for a resolution asking the provincial government to strengthen the Ontario Pension and Benefit Fund to guarantee the full amount of pensions. This is in light of certain large companies, such as Stelco, coming under bankruptcy protection. Reeve Hook commented that any funds to guarantee pensions would come out of taxpayers pockets, and he saw no reason for having to guarantee someone elses pension. Council nonetheless endorsed the resolution.
Building Inspector Ken Buxton reported that building permits were up by 15% this year.
In January, a resident was charged with illegal dumping. He was convicted and fined, and Reeve Hook commented that the court had upheld the bylaw.
After the closed session at the April 19 meeting in Denbigh, council voted to waive all building and plumbing permit fees on commercially assessed properties effective May 1, 2004, for a period of 12 months. This applies to any new or existing commercially assessed property, and Council feels this may encourage commercial development. Commercial enterprises pay 1.4 times the tax as similarly assessed residences. Building inspection permits and inspections are still required. Council will re-examine this resolution after a year to determine if it should be extended.
