ATVs on Clearview’s Roads and Trails
October 26, 2020 - A great win at Council! Monday evening, Council passed a modified ATV bylaw that prohibits ATVs and SxSs on roads and road allowances south of County Road 9 between Airport Road and Highway 124, on Fairgrounds Road and the 6th line. This is most of Creemore and everything in the Niagara Escarpment that is south of County Road 9. There are also additional parts of the Niagara Escarpment and NVCA regulated lands that are off-limits.
So a huge thanks to Deputy Mayor Burton, Councillors Paterson and McKechnie for all their persistent work on this issue, as well as to Councillors Leishman and Lamers who supported the Deputy Mayor’s motion to restrict ATVs south of County Road 9.
Thanks to all of you also for completing our survey, writing the Mayor and Councillors, filing public statements at Council and posting the ubiquitous Protect our Roads & Trails signs.
Click here for Clearview’s final By-law 20-71, Being a Bylaw to regulate off road vehicles.
The map below shows the allowable ATV routes. ATVs are not permitted on the red portions of the map including South of County Road 9 between Airport Road and Highway 124.
October 19, 2020 - Email Submission to Council
Good afternoon Mr Mayor, Deputy Mayor, Madame Clerk, Councillors and Staff. I am writing to you on behalf of the Creemore Area Residents Association (CARA). In the absence of a public meeting where we could present and discuss ATV Bylaw amendment requests, we have prepared the attached document with some general principles and some detailed amendment requests. Please note in particular the discussion of “road allowances”, the pictures attached of two such road allowances and the extract from the Municipal Act, 2001 that confirms that Clearview Township owns the original road allowances, UNLESS they have been closed.
While CARA’s preference continues to be that the Creemore Settlement Area and surrounding area roads be completely excluded from any increase in ATV/ORV access, we are also trying to make the current draft bylaw better by suggesting the specific amendments in the attached document.
As usual, Greg and I would be happy to discuss any of the arguments and requests made in the attached document. Thanks for your anticipated reasonable consideration of our requests.
CREEMORE AREA RESIDENTS ASSOCIATION
Per: Valerie Dyer, Secretary
Greg Young, President
October 18, CARA Requests Amendments to the Draft Bylaw
CARA’s position on the proposed bylaw extending ATV/ORV access to most roads in Clearview is:
1. ATVs and ORVs should be expressly prohibited from accessing all roads, unopened road allowances, rights of way, ditches, unmaintained, undeveloped or unassumed roads and trails in the former Village of Creemore and in the surrounding areas in Wards 2 and 5. In response to CARA’s survey done in August 2020, the overwhelming majority of respondents from Ward 2 (n=27) and Ward 5 (n=76), representing 296 residents when family members are added, said they do not want any change to the current limited ATV access bylaw. Only 9 respondents wanted some increase in ATV or SxS access, and even they did not support access to ALL Clearview roads.
2. HOWEVER, IFthe Mayor and Council insist on expanding ATV/ORV access (which seems to be their plan based on statements made and votes at the July 28, August 10 and September 28 Council meetings), then there are significant omissions in the draft ATV bylaw presented at the September 28 Council meeting that should first be fixed.
The purpose of this submission is to address the omissions in the draft bylaw and to set out specific amendments that are justified on the basis of the Wasaga Beach and Springwater ATV bylaws that Clearview staff were directed by Council to use as guides for a new ATV Bylaw, or are otherwise reasonable.
Click here for the complete submission.
August 10, 2020 - CARA Conducts its Own ATV Survey
On August 10, 2020, Council voted against a public survey to determine voters’ preferences. As a result, to obtain some notion of our members’ views on the proposed bylaw, CARA decided to develop a short, objective survey of its membership and some former members to learn their own views on the proposed bylaw. On August 12, using SurveyMonkey, CARA surveyed its 193 addresses on our mailing list. The survey link was kept open until August 31st. In total 145 unique responses were obtained representing an estimated 400 persons based on reported household sizes. This high response rate (75%) indicated a very high level of interest in the topic.
The Key Findings
Fully 134 households representing 404 persons do NOT want increased ATV or SxS access in Clearview or their wards. This is 92% of our overall sample of 145.
86% expressly favour keeping the current bylaw in place.
85% of respondents were from Clearview. An additional 11% were from Mulmur who are affected by what happens in Clearview and who enjoy Creemore’s shops, activities, services and village character.
The vast majority of Clearview respondents to our survey live in Ward 5 (71%) or Ward 2 (26%). (Note: due to the limited responses from other part of Clearview, this survey does not claim to report on the opinions of residents in other wards.)
76 households from Ward 5 representing 208 people do not want increased access by ATVs to Clearview
27 households from Ward 2 representing 88 people do not want increase access by ATVs to Clearview
No one favoured increasing access to all roads, unopened roads, road allowances and trails.
Of the small number (7%, N=12) indicating their preference for some increase in ATV and/or SxS access:
8 believe they should be allowed on roads with adequate gravel shoulders
8 believe they should not be allowed on roads with high traffic volumes
6 say they should not be allowed in residential areas
Those favouring increased ATV use cited recreational activities and their importance in farm and commercial applications as well as economic impact. No one mentioned needing access to gas or stores.
Survey respondents who favoured retaining the existing 2017 bylaw cited a number of concerns with the proposal to increase ATV access to Clearview roads and trails includingnoise, safety, underage drivers, negative impact on the environment, trespassing, lack of adequate policing and lack of compatibility with Creemore’s ‘brand’ and village character. The lack of sidewalks in Creemore may increase the municipality’s liability in the event of an accident. Many comments referenced specific observed incidents by some in the ATV community and a culture that has not respected existing bylaws or laws.
If increasing ATV access is to be considered, there was clear support by many respondents for an approach that would exclude Wards 5 and 2 from any proposed increase in ATV access.
While not directly asked, several comments referenced the perceived conflict of interest associated with the bylaw and their disappointment in the way Council has handled this issue without proper public consultation or lack of evidence of the supposed benefits of increasing ATV use.
For a more fulsome summary of the ATV survey including respondents’ comments, click here for the results and the report that has been sent to the Mayor, Council and Clearview staff.
August 27, 2020 - CARA’s Submission to the Integrity Commissioner
We objected to the perceived Conflict of Interest inherent in the July 27th motion to Council by Councillor Broderick, who owns J&R Cycle, an ATV dealership. Click here for the submission.
July 27, 2020 - Council’s Motion to Open up Clearview Roads and Trails to ATVs and SxSs
On July 27th, under the leadership of Councillor Broderick, who owns J&R Cycle, an ATV dealership, Clearview Council passed the following motion.
“Therefore be it resolved that Council direct staff to develop a report and draft bylaw to provide ATV and SxS greater access to roads of Clearview Township, including undeveloped roads, road allowances, and trail systems, with reference to the bylaws adopted by the Town of Wasaga Beach and the Township of Springwater as a guide. And further, to bring the draft bylaw to the September 28th, 2020 Council meeting for further discussion.”
CARA filed a letter with the Township Clerk objecting to the process and the motion. Click here for a copy.
History
In 2008 and 2016, CARA objected in person at Council meetings and in writing to proposals from all-terrain vehicle (ATV) organizations outside Clearview to operate ATVs on Clearview Township roads. Both times we were successful.
In 2016, Clearview Township conducted a survey to assess support or opposition to allowing ATVs on limited routes. To CARA, the questions appeared to be designed to favour allowing ATV use. We also understand that a large number of ATV users outside of the Township answered the survey.
In June 2017, with Clearview staff support, the issue of approval was again raised at Clearview Council. Staff supported the use of ATV’s throughout Clearview that reflected the original request from COATV (Central Ontario All-Terrain Vehicle Club). CARA and others objected, but this time unsuccessfully. However, no roads directly in or near Creemore were included on the approved list of roads shown below.
