Use By-Law - Dufferin County Museum and Archives

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THE CORPORAnON OF THE COUNTY OF DUFFERIN
BY-LA W NUMBER 2003-50
BEING A BY-LAW TO GOVERN THE LANDS
KNOWN AS THE DUFFERIN COUNTY FOREST
AND TO REPEAL BY-LAWS 96-36 AND 96-39
(Authorization: Dufferin County Museumand Archives
& HeritageLandsBoard,May 12,2003)
Authority
WHEREASby section8 of the Municipal Act, 2001, S.O.2001, c.25, the Council of the Corporationof
the Countyof Dufferin hasthe capacity,rights, powersandprivilegesof a naturalpersonfor the purpose
of exercisingits authority underthis or any other Act;
AND WHEREAS by the Trespassto Properly Act. R.S.O. 1990.c. T .21. as amended,the Council of the
Corporationof the County of Dufferin is authorizedto prohibit entry to land occupiedby the Corporation
of the County of Dufferin andthe carrying on of certainactivities on suchland and for thesepurposes
give notice thereof;
AND WHEREAS the Council of the Corporationof the County of Dufferin on June8, 1995by motion
95-129approvedthe documententitled "OurForest, Our Future: Dufferin County ForestManagement
Plan 1995-2015"which outlinesthe County's policies with regardto the resourcemanagementof the
landsoccupiedby the Corporationand generallyknown as the Dufferin County Forest;
NOW THEREFOREBE IT ENACTED BY THE MUNICIPAL COUNCIL OF THE
CORPORATIONOF THE COUNTY OF DUFFERIN ENACTS AS FOLLOWS:
Dermitions
1. For the purposesof this by-law:
(a)
"Chief Administrative Officer" and "CAO" meanthe Chief Administrative Officer of the
Corporationof the County of Dufferin;
(b)
"Council" meansthe Council of the Corporationof the County ofDufferin;
(c)
"County" meansthe Corporationof the Countyof Dufferin;
(d)
"Dufferin CountyForest" and "Forest" meanthe forestlandsoccupiedby the Corporationof the
County ofDufferin consistingof about 1,050hectaresin twelve tractsgenerallyknown as:
AmaranthTract, Gara-GoreTract, Hockley Tract, LeeningTract, Little Tract, Main Tract,
MelancthonTract, Mono Tract, RandwickTract, Riverview Tract, River RoadTract, and
SimmonsTract and further describedin ScheduleA;
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"Dufferin CountyForestNatural Area" includesthe parts of the Dufferin County Forestgenerally
(e)
known as the Hockley Tract, LeeningTract, Little Tract, the part of the AmaranthTract located
in Lot 8, Concessionill of the Township of Amaranth,Walker's CreekSwamp,Melancthon2
wetland,Melancthon323437 wetland,andthe Oak RidgesSouthSlopeForest;
(1)
"hunting" includes,
(a) lying in wait for, searchingfor, being on the trail of, pursuing,chasingor shootingat
wildlife, whetheror not the wildlife is killed, injured, capturedor harassed,or
(b) capturingor harassingwildlife,
exceptthat "hunting" doesnot include,
(a) trapping,or
(g)
(h)
(i)
(b) lying in wait for, searchingfor, being on the trail of or pursuingwildlife for a purpose
other than attemptingto kill, injure, captureor harassit, unlessthe wildlife is killed, injured,
capturedor harassedas a result,
and "hunt" and "hunter" havecorrespondingmeanings;
"motorized snow vehicle" meansa self-propelledvehicle designedto be driven primarily on
snow;
"motor vehicle" meansa motor vehicle within the meaningof the Highway Traffic Act, R.S.O.
1990,c. H.8, asmay be amendedfrom time to time and;
"management"includesall activities deemed,now or in the future,by the Corporationof the
County of Dufferin to be consistentwith the goal and objectivessetout in the documentapproved
by Council motion 95-129on June8, 1995entitled "Our Forest,Our Future:Dufferin County
ForestManagementPlan 1995-2015"and any updatesand revisionsto saiddocument.
Uses declared
2. The Council of the Corporation of the County ofDufferin hereby declares the use of the lands known
as the Dufferin County Forest to be for "forestry purposes", that is to include the production of wood and
wood products, provision of proper environmental conditions for wildlife, protection against floods and
erosion, recreation, and protection and production of water supplies.
Exceptions
3. This by-law shall not apply to an employee of the Corporation of the County of Dufferin while acting
in the course of his or her employment in managing the Dufferin County Forest or any part thereof, or any
person authorized by an employee of the Corporation of the County of Dufferin to carry out any duty
relating to the management of the Dufferin County Forest or any part thereof.
Motor vehicles
4. No person shall enter the Dufferin County Forest or any part thereof for the purpose of bringing into
the Forest any motor vehicle for the purpose of operating said motor vehicle in the Dufferin County
Forest with the following exceptions:
Parking
(a)
any person who enters the Dufferin County Forest or any part thereof for the purpose of bringing
into the Forest any vehicle which is drawn or propelled by a motor or any means of power other
than by muscular power, to park such vehicle in any area marked or designated for parking or;
Motorized snow vehicles
(b)
any person who enters the Dufferin County Forest on a motorized snow vehicle on a designated
Ontario Federation of Snowmobile Clubs (O.F.S.C.) trail. remains on such designated trails while
in the Forest. and is in possession of a valid O.F .S.C. trail permit.
Campfires
5. No person shall have an open campfire at any time in the Dufferin County Forest or any part thereof.
Curfew
6. No person shall remain in the Dufferin County Forest or any part thereof between the hours of 12:00
a.m. (24:00 hours) and 5:00 a.m. (5:00 hours) local time for any purpose, including camping without
written permission from the Corporation of the County of Dufferin.
Garbage disposal
7. No person shall discard refuse in the Dufferin County Forest or any part thereof.
Vandalism
8. No personshall wilfully damagestructuresin the Dufferin County Forest,including any and all signs
and gates.
9. No personshall constructobstaclessuchasrampsandbridgeson any roadsor trails in the Dufferin
CountyForestwithout prior written permissionfrom the Chief Administrative Officer or his designate.
Bunting
10. There shall be no hunting in the Dufferin County Forest except as permitted under the Fish and
Wildlife Conservation Act, 1997, 8.0. 1997, c. 41, and the associatedregulations.
Permits Required
(a) All persons wishing to hunt in the Dufferin County Forest must obtain a Forest Use Permit from the
County that shall be in the form described in Schedule B and will be valid from the date indicated on its
face until December 31 of the same year, excepting the period between June 1 and September 30. Forest
Use Permits must be authorized by the signature of the County Forest Manager or a staff member of the
Dufferin County Museum & Archives.
Treestands and Blinds
11. Treestands and blinds must be of a freestanding, portable design and must be removed within one
week of the end of the hunting seasonduring which they were erected.
12.No personshall hunt at any time for any reasonin the part of the Dufferin CountyForestgenerally
known as the Mono Tract.
13.No personshall hunt in any part of the Dufferin CountyForestfor any reasonbetweenJune and
September30.
Dufferin COUDtyForest Natural Area
14.Notwithstandingsections4 and 10,in the Dufferin County ForestNatural Area:
(a)
No personshall have any type of vehicle,whetherpoweredby motor power or muscularpower
and;
(b)
No personshall hunt at any time for any reason.
Offences
15.Every personwho contravenesany provision of this by-law is guilty of an offenceandupon
conviction is liable to a fine or penalty asprovidedfor in the Provincial OffencesAct, R.S.O. 1990,co
P.33, as may be amendedfrom time to time.
Enforcement
16.(a) Any police officer, provincial offencesofficer, or employeeof the County designatedby the
Chief AdministrativeOfficer is authorizedto inform any personof the provisionsof this by-law and to
requestcompliancetherewith.
(b)
In addition to any other authority they may have,any police officer, provincial offencesofficer or
municipal law enforcementofficer, is authorizedto order any personsbelievedby suchofficer or
employeeto be contraveningor who hascontravenedany of this by-law,
i. to desistfrom the activity constitutingor contributingto suchcontravention;
ii. to removefrom the Dufferin CountyForestany thing ownedby or in the control of such
personwhich the officer believesis or wasinvolved in suchcontravention,or
iii. to leavethe Dufferin CountyForest.
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(c)
Any police officer, provincial offencesofficer or municipal law enforcementofficer may enforce
the provisionsof this by-law.
(d)
Whereany personcontravenesany of the provisionsof this by-law, or fails to comply with the
orderreferredto in subsection(b) hereof,the permissionand licenceof suchpersonto remain in the
Dufferin CountyForestis revoked.
Severability
17.If a court of competentjurisdiction shoulddeclareany sectionor part of a sectionof this by-law to be
invalid, suchsectionor part of sectionshall not be construedashavingpersuadedor influencedCouncil
to passthe remainderof the by-law and it is herebydeclaredthat the remainderof the by-law shall be
valid and shall remain in full force and effect.
18.That by-laws 96-36 and 96-39 aspassedby the Council of the Corporationof the County of Dufferin
be andthe sameare herebyrepealedeffective on the coming into force of this by-law.
19. Schedules A & B shall form part of this by-law.
20. This by-law shall comeinto full force and effect on the dateof passing.
READ a first, secondandthird time and finally passedthis /3 day of
-Gotdon Gallaugner,)1IaroFn
,2003.
Schedule A
1. All thoseparcelsor tractsof land in the Townshipof Mulmur in the County of Dufferin and Province
of Ontario describedas follows andtogetherforming what is generallyknown as the RandwickTract of
the Dufferin County Forest:
FIRSTLY:
SECONDLY:
THIRDLY:
FOURTHLY:
That part of the easthalf of Lot 26 in ConcessionVI eastofHurontario Streetin the said
township,containing99 acres,more or less,andbeing all of the easthalf of Lot 26
SAVING AND EXCEPTING thereoutandtherefromthat portion conveyedto the Board
of Public SchoolTrusteesfor SchoolSectionNo. 11 of the Township of Mulmur by
conveyancebearingdatethe 29th of June,A.D. 1907,and registeredin the Registry
Office for the RegistryDivision of Dufferin as No. 6433in Book 170 for Mulmur.
The westhalf of Lot 26 in ConcessionVI eastof Hurontario Streetin the said
townshipcontaining 100acres,more or less.
That part of the easthalf of Lot 25 in ConcessionVI eastof Hurontario Streetin the said
township,containing90 acres,be the samemoreor less,and being all of the saideasthalf
SAVING AND EXCEPTING thereoutandtherefromthat portion describedas follows:
COMMENCING at a point on the westerlylimit of the road allowancebetween
concessionsVI and VII eastof Hurontario Streetin the said townshipthe said
point being a distanceof 604 feet measuredsoutherlythereonfrom the north
easterlycomer of the easthalf of Lot 25;
THENCE south9 degreeseast(assumedbearing)alongthe westerly limit of the
road allowancebetweenconcessionsVI and VII, a distanceof 881 feet;
THENCE north 76 degrees41 minuteswest 272 feet 5 inches;
THENCE north 65 degrees26 minuteswest456 feet 11 inches;
THENCE north 11 degrees32 minuteswest 455 feet;
THENCE north 74 degrees48 minuteseast682 feet 2 inches,more or less,to the
point of commencement.
Part of the easthalf of Lot 25 in ConcessionVI eastof Hurontario Streetin the
said townshipcontaining 10 acresmore or less,andmore particularly described
as follows:
COMMENCING at a point on the westerly limit of the road allowance
betweenconcessionsVI and VII eastof Hurontario Streetin the said
townshipthe saidpoint being a distanceof 604 feet measuredsoutherly
thereonfrom the north easterlycomer of the easthalf of Lot 25;
THENCE south9 degreeseast(assumedbearing)alongthe westerly
limit of the road allowancebetweenconcessionsVI and VII, a distance
of 881 feet;
THENCE north 76 degrees41 minuteswest 272 feet 5 inches;
THENCE north 65 degrees26 minuteswest456 feet 11 inches;
THENCE north 11 degrees32 minuteswest455 feet;
THENCE north 74 degrees48 minuteseast682 feet 2 inches,more or
less,to the point of commencement.
2. All thoseparcelsor tractsof land in the TownshipofMulmur in the County ofDufferin and Province
of Ontario describedas follows andtogetherforming what is generallyknown asthe Main Tract of the
Dufferin County Forest:
FIRSTLY:
All of the southhalf of the easthalf of Lot 20, Concessionvm of the saidtownship,
containing50 acres,more or less.
SECONDLY
THIRDLY:
FO(JRTHLY:
All of the southwest quarterof Lot 20, ConcessionVIII eastofHurontario Street
containing50 acres,more or less. All of the easthalf of the easthalf of Lot 20,
ConcessionVII eastof HurontarioStreetin the said township,containing50
acres,more or less.
All of the easthalf of the westhalf of Lot 21 in ConcessionVB eastof Hurontario Street
in the saidtownship,containing50 acres,more or less.
All of Lot 19 in Concessionvm in the saidtownship,containing200 acres,more
or less.
FIFTHLY:
All of Lot 19 in ConcessionVB eastof HurontarioStreetin the saidtownship,containing
200 acres,more or less.
SIXTHLY:
The easthalf of Lot 19 in ConcessionVI of the saidtownshipcontaining 100acres,more
or less.
SEVENTHLY:
All of Lot 18 in Concessionvm eastof Hurontario Streetin the saidtownship,
containing200 acres,more or less.
EIGBTBLY:
All of Lot 18 in Concessionvn eastof HurontarioStreetin the saidtownship,
containing200 acres,more or less.
NlNETHL Y:
Al1 of lots 16 and 17 in Concessionvm eastof Hurontario Streetin the saidtownship
containing400 acres,more or less.
3. All that parcelor b"actof land in the Townshipof Mulmur in the County ofDufferin and Provinceof
Ontario describedas follows and forming what is generallyknown as the SimmonsTract of the Dufferin
County Forest:All of the easthalf of Lot 24 in ConcessionV eastofHurontario Streetin the said
township,containing 100acres,more or less.
4. All that parcelor tract of land in the Townshipof Mulrnur in the County of Dufferin and Provinceof
Ontario describedas follows and forming what is generallyknown as the Little Tract of the Dufferin
County Forest:All of the easthalf of lot 23 in ConcessionVI eastof Hurontario Streetin the said
township,containing 100acresmore or less.
5. All that parcelor tract of land in the TownshipofMulmur in the County ofDufferin and Provinceof
Ontario describedas follows and forming what is generallyknown asthe LeeningTract of the Dufferin
County Forest:Part of the west half of Lot 26 in ConcessionII eastof Hurontario Streetin the said
townshipcontaining 19.586acres,andbeing shownasPart 2 on Plan 7R-1177by PeterJ. Williams,
O.L.S., registeredin the RegistryOffice for the RegistryDivision ofDufferin (No.7) on May 11, 1976as
No. MF76462.
6. All that parcelor tract of land in the Townshipof Melancthonin the County ofDufferin and Province
of Ontario describedas follows and forming what is generallyknown as the MelancthonTract of the
Dufferin County Forest:All of Lot 17 in ConcessionyD, north eastof the Toronto and SydenhamRoad
in the saidtownship,containing 147acres,be the samemore or less.
7. All that parcelor tract of land in the Townshipof Melancthonin the COWltyofDufferin and Province
of Ontario describedas follows and forming what is generallyknown as the Riverview Tract of the
Dufferin County Forest:All of Lot 17 in ConcessionIX, southwest of the Toronto and SydenharnRoad
in the saidtownship,containing98 acres,more or less.
8. All thoseparcelsor tractsof land in the Townshipof Mono in the County of Dufferin and Provinceof
Ontario describedas follows andtogetherfonning what is generallyknown asthe Mono Tract of the
Dufferin CountyForest:
FffiSTLY:
SECONDLY:
The west half of Lot 22 in ConcessionI eastof Hurontario Streetin the saidtownship
containing100acresmore or less;The north half of the easthalf of Lot 22 in Concession
I eastof Hurontario Streetin the saidtownship,containing50 acres,more or less.
The west half of the southhalf of the easthalf of Lot 22 in ConcessionI, eastof
Hurontario Street,in the saidtownship,containing25 acres,more or less.
9. All that parcelor tract of land in the Townshipof Mono in the County of Dufferin and Provinceof
Ontario describedas follows and fonning what is generallyknown as the Hockley Tract of the Dufferin
CountyForest:Part of the west half of Lot 5 in ConcessionI west ofHurontario Streetin the said
township,containing51.063acres,andmore particularly describedas follows:
COMMENCING at the northeastangleof the west half of saidLot 5;
THENCE south 10 degrees06 minutes40 secondseastalong the centreline of ConcessionI west
of Hurontario Streeta distanceof 331.32feet more or lessto an iron bar plantedbeing the place
of beginning;
THENCE continuingsouth 10 degrees04 minutes20 secondseastalongthe centreline of
ConcessionI west of Hurontario Streeta distanceof 320.84feet more or lessto an iron bar
planted;
THENCE south9 degrees19 minutes40 secondseastalongthe centreline of ConcessionI west
ofHurontario Streeta distance491.22feet more or lessto an iron bar planted;
THENCE south9 degrees38 minutes05 secondseastalongthe centreline of ConcessionI west
ofHurontario Streeta distanceof 434.00feet to an iron bar planted;
THENCE south 11 degrees21 minutes35 secondseastalongthe centreline of ConcessionI west
ofHurontario Streeta distanceof 409.07feet more or lessto an iron bar plantedat the southeast
angleof the westhalf of saidLot 5;
THENCE south72 degrees32 minutes35 secondswestalong the southlimit of saidLot 5 a
distanceof 508.51feet more or lessto an iron bar planted;
THENCE south73 degrees18 minutes00 secondswest along the southlimit of saidLot 5 a
distanceof 226.48feet to an iron bar planted;
THENCE south73 degrees29 minutes20 secondswest along the southlimit of saidLot 5 a
distanceof 457.95 feet more or lessto an iron bar plantedat the southeastangleof Lot 8
accordingto RegisteredPlan 72 for the Townshipof Mono;
THENCE north 10degrees17 minutes 15 secondswest alongthe easterlylimits of Lots 8 to 13
inclusive accordingto saidRegisteredPlan 72 a distanceof768.21 feet more or lessto the
northeastangleof Lot 13 accordingto saidRegisteredPlan 72.
THENCE north 30 degrees15 minutes30 secondswest alongthe easterlylimits of Lots 14, 15,
16,17,18,19,20,21, and 22 accordingto saidREGISTEREDPlan 72 a distanceof 1252.80feet
more or lessto an iron bar plantedat the northeastangleof Lot 22 accordingto saidRegistered
Plan 72;
THENCE north 73 degrees42 minutes55 secondseasta distanceof 576.74feet to an iron bar
plantedon Clinton Road;
THENCE south 12 degrees41 minutes35 secondseastalong the westerlylimit of Clinton Roada
distanceof 440.98feet more or lessto an iron bar planted;
THENCE north 73 degrees43 minutes25 secondseasta distanceof 461.78feet more or lessto
an iron bar plantedat the southeastangleof Lot 27 accordingto RegisteredPlan 67 for the
Townshipof Mono;
THENCE north 12 degrees41 minutes30 secondswest along the eastlimit of Lot 27 according
to saidRegisteredPlan 67 a distanceof 120.00feet more or lessto an iron bar plantedat the
northeastangleof Lot 27 accordingto saidRegisteredPlan 67;
rnENCE north 73 degrees27 minutes35 secondseastalongthe southlimit of Lot 25 according
to saidREGISTEREDPlan 67 a distanceof 132.61feet more or lessto an iron bar plantedat the
southeastangleof Lot 25 accordingto saidRegisteredPlan 67;
THENCE north 73 degrees40 minutes25 secondseasta distanceof 443.64feet more or lessto
the placeof beginning,which parcelof land contains51.063acres.
10.All thoseparcelsor tractsof land in the Townshipof Amaranthin the County ofDufferin and
Provinceof Ontario describedas follows andtogetherfonning what is generallyknown asthe Amaranth
Tract of the Dufferin CountyForest:
FIRSTLY:
SECONDLY:
All that part of the easthalf of Lot 8 in Concessionill of the saidtownshiplying eastof
the CanadianPacific Railway lands,containing30 acres,more or less,andbeing more
particularly describedin RegisteredInstrument12285.
All that part of the easthalf of Lot 6 in Concessionill of the saidtownshiplying
eastof the CanadianPacific Railway lands,containing30 acres,more or less,and
being more particularly describedin RegisteredInstrument13216.
II. All that parcelor tract of land in the Townshipof EastGarafraxain the County of Dufferin and
Provinceof Ontario describedas follows and forming what is generallyknown as the Gara-GoreTract of
the Dufferin County Forest:All of Lot 21 in ConcessionXII of the saidtownship,containing36 acres,be
the samemore or less.
12.All that parcelor tract of land in the Townshipof EastLuther GrandValley in the County ofDufferin
and Provinceof Ontario describedas follows and forming what is generallyknown as the River Road
Tract of the Dufferin CountyForest:Part of the southhalf of Lot 31 in ConcessionVII of the said
township,containing 12.2acres,be the samemore or less,and more particularly describedas follows:
PREMISING that the bearingsof the southernlimit of Lot 31 hasan astronomicbearingof north
74 degrees30 minuteseastandrelating all bearinghereinthereto.
COMMENCING at a point in the southerlylimit of Lot 31 at a distanceof 624.8 feet measured
easterlyfrom the southwest comer of said Lot 31;
THENCE north 20 degrees04 minutes30 secondswest,a distanceof325.6 feet;
THENCE north 75 degrees54 minutes30 secondseast,a distanceof 264.1 feet;
THENCE north 34 degrees28 minutes30 secondswest,a distanceof 1,938.5feet, more or less,
to the westerlylimit of saidLot 31;
THENCE south9 degrees24 minutes 10 secondseastalongthe last mentionedlimit, a distance
of 660 feet;
THENCE south34 degrees09 minuteseast,a distanceof533.1 feet;
THENCE south24 degrees54 minuteseast,a distanceof 1,003.2feet,more or less,to the
southerlylimit of Lot 31;
THENCE easterlyalong the last mentionedlimit, a distanceof 129.8feet, more or less,to the
ooint of commencement
ScheduleA-I
Total area:
,050 hectares (2,596 acres)
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Schedule B
The usepermit will takethe form of a laminatedcardwith the following information:
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Th: permittee~d
on the revO"semust be in possessionof this use
permit at aUtirres while using the Dufferin ColUltyForestandmust
presentthe usepennit on requestto alAhorizedpe~nnel. This use
permit is not tramfemble.
Dateofmue
N1mIber: DCF-W
Authorized SignaUJfe
C'
4-'
. 1t
Forest Use PernVt (hunting) Outrerin County Forest
This f~st ~ permt entides
to hIDltin the Dufferin County ForestprovKJedthat be/sheis in compliark:ewith the Fish and Wildlife ConservationAct ani its associa~d
regulations,ani CountyofDufferin by-Jaw00-00. This forest use
pennitis vaid from the dateofi~
until ~cember 31 of the yearof
issue,excepting
theperiodbe~en JuneI ani September
30.