“Everyone’s got this stay-at-home order, and people are looking for an outlet. They need to get out. They need to walk.”
And, Coun. Donna Orsatti told council on April 28, some residents are turning to ATVs and dirt bikes for their outdoor activity – leading increasingly to complaints of noise, nuisance and trespassing.
In the area of Webster Boulevard and Line 7, vacant land owned by a developer has become a favoured track for ATVs and bikes, despite efforts by the owner to keep trespassers out by putting up ‘No Trespassing’ signs and fencing off the area.
“The fence has been torn down, the signs have been taken down,” Orsatti said, and the problem has continued.
The councillor brought forward a motion asking town staff to review the municipality’s 16-year-old ATV by-law and come up with appropriate actions to address the problem.
The idea is not to punish responsible ATVers and riders, she said. “It’s really addressing many of our youth, who are using these motorized recreational vehicles in areas that they shouldn’t be.”
Trespassing on private property is not the only issue, she said. There is also noise, and the revving of engines “from early in the morning to late at night” – and with soaring sales of off-road vehicles, “it’s only going to get worse.”
Orsatti noted that Bylaw officers have approached some Youth, who promised compliance – but within hours had returned to their previous behaviour. She said she had even seen a parent drop off an ATV in the area for his 7-year-old child to ride, “even though he was told it was private property.”
“It’s time to address this," Orsatti told councillors. "I think it’s time we have a concrete plan, involving all stakeholders, the property owner, Bylaw, South Simcoe Police, and town staff to address the issue.”
“A few bad apples are causing issues,” said Coun. Rob Nicol, agreeing that the bylaw needs to be updated.
‘There are more than this parcel of land that this happens on,” said Coun. Alex Waters, identifying the area off Line 9, behind Goodfellow Public School, as another area targeted by off-roaders.
There, the property owner has resorted to dumping logs and piles of dirt on the path, in an effort to discourage riders. “It’s just a matter of time that somebody’s going to get hurt,” Waters said, urging the Town to act to address the issue.
Deputy Mayor Dan Davidson agreed, noting that there are also problems in the Maplegrove area, where under-age off-roaders may also be involved in drinking and drug use. He warned that the municipality could be liable, unless it takes steps to enforce the laws.
“One of these kids gets killed, we have a lawsuit,” Davidson said. “I really think we need to take strong action.”
He noted that some ATVers have cut through streams, destroying spawning beds. “We need to speak out.”
Coun. Bill Van Berkel called on the municipality to revise its bylaw, “and put some meat on the bones” – including the possible temporary seizure of offending off-road vehicles.
“I’m assuming we have laws in place,” said Coun. Kevin Eisses. “Is this an issue that we have laws we have to beef up the enforcement on, or is it that the actual law has to be changed?”
He said he didn’t want to add more legislation “when we’re not enforcing the laws we have.”
Town Clerk Lee Parkin, in answer to the question, advised that Trespassing is a Provincial Offence and a matter for the police, although the town can pass bylaws regulating activity on town property.
It is up to the landowner to post the property with ’No Trespassing’ signs, Parkin said, and to call on police to enforce the law when there is a problem.
Orsatti noted that the landowner in her ward had posted signs, which were torn down by trespassers, and on at least two occasions called in police.
But what happens if there are issues at night, she asked, when the land-owner isn’t present? “Who’s going to be calling South Simcoe Police? This needs to be a partnership.”
Coun. Van Berkel pointed out that many complaints had to do with noise, which is in fact under municipal jurisdiction. “We can do something about the noise bylaw,” he said.
Davidson agreed. “It’s 24/7. It’s just non-stop… People need to learn respect for private property.”
“Absolutely,” said Mayor Lynn Dollin. “And that’s why this is in front of us tonight.”
Council unanimously approved the motion put forward by Coun. Orsatti, calling on staff to review the current Bylaw and take appropriate action, contacting landowners, Bylaw and, in an amendment, South Simcoe Police, “to help solve this situation.”
