Township telling residents they aren't welcome in winter.
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Property owners in the township of Tudor and Cashel were shocked to discover that their township has introduced a by-law that would close their roads to motor vehicles during the winter months. These properties are the homes to many families and represents an area of growth which generates some of the highest taxes for the township. Because they are located along country roads, the township is attempting to distance themselves from the maintenance and liability required to properly serve this community.
The newly elected council needs to put an immediate HALT to the proposed by-law, which could be passed as early as January 8th, 2019. Furthermore, we are asking them to IMMEDIATELY engage in a meaningful dialogue with their community. Problems cannot be solved when a township only listens to their lawyers.
BY-LAW NO. 2019-DRAFT
THE CORPORATION OF THE TOWNSHIP OF TUDOR AND CASHEL
BEING A BY-LAW TO RESTRICT ACCESS TO
SEASONALLY MAINTAINED HIGHWAYS IN THE TOWNSHIP OF TUDOR AND CASHEL
WHEREAS section 2 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants municipalities powers and duties for the purpose of providing good government;
AND WHEREAS section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that municipalities are granted broad authority to govern its affairs as it considers appropriate;
AND WHEREAS section 35 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may pass by-laws restricting the common law right of passage by the public over a highway and the common law right of access to a highway by an owner of land abutting a highway.
NOW THEREFORE the Council of the Corporation of the Township of Tudor and Cashel hereby enacts as follows:
1. In this By-Law:
a) “Motor Vehicle” means an automobile, a motorcycle, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a power-assisted bicycle, a motorized snow vehicle, a traction engine, a farm tractor, a self-propelled implement of husbandry, a road-building machine or an off-road vehicle;
b) “Off-Road Vehicle” means a vehicle propelled or driven otherwise than by muscular power or wind and designed to travel:
i. on not more than three wheels, excluding motorcycles, or
ii. on more than three wheels and being of the following class of vehicle:
a) dune buggies;
b) vehicles designed for use on all terrains, commonly known as all-terrain vehicles, that have steering handlebars and a seat that is designed to be straddled by the driver; or
c) vehicles designed for utility applications or uses on all terrain that have four or more wheels and a seat that is not designed to be straddled by the driver;
c) “Off-Season” means from the 1st day of November through the 30th day of April in each calendar year;
d) “Seasonally Maintained” means maintained by the Township between the 1st day of May through the 31st day of October in each calendar year;
e) “Township” means the Corporation of the Township of Tudor and Cashel;
2. The highways listed in Schedule “A” attached hereto and forming part of this By-Law shall be Seasonally Maintained by the Township.
3. During the Off-Season, the highways listed in Schedule “A” shall be closed to Motor Vehicles.
4. If any section, clause or provision of this By-Law is for any reason declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this By-Law as a whole or any part thereof other than the section, clause or provision so declared to be invalid and it is hereby declared to be the intention of the Council for the Township that all remaining sections, clauses or provisions of this By-Law shall remain in full force and effect until repealed, notwithstanding that one or more provisions thereof may have been declared invalid.
PASSED this 08th day of January, 2019.
REEVE: LIBBY CLARKE
CLERK: BERNICE CROCKER
BY-LAW NO. 2019-DRAFT
LIST OF SEASONALLY MAINTAINED HIGHWAYS
1. Steenburg Lake Road South from Highway 62 approximately 400 metres westerly near the beginning of Assessment Roll Number 12 48 000 020 18525 at Part Lot 18, Concession 19 to approximately 807 metres to where the boundary road ends with Limerick Township and the Road veers North into Limerick Township; and secondly from the beginning of the property located at civic address #448 with Assessment Roll Number 12 48 000 020 19050 at Part Lot 22, Concession 19 where Tudor and Cashel Township begins to the end of the road as this is a dead-end road;
2. North Jordan Lake Road from civic address #121 to the end of the road as this is a dead-end road;
3. East Road from civic address #122 near the intersection of Old Hydro Lane to the end of the road as this is a dead-end road;
4. Egan Creek Road from civic address #1151 where it intersects with Renata Lane;
5. Old Hastings Road from civic address #6533 North to the boundary road where it intersects at Steenburg Lake Road North which intersects with neighbouring Townships: Wollaston, Marmora and Lake and Limerick;
6. Beaver Creek Lane from civic address #54 to the end of the road as this is a dead-end road;
7. Trumble Road from its intersection with St. Ola Road to the end of the road as this is a dead-end road.
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