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Hamilton looking to use drones to enforce off-road vehicle bylaw

The City of Hamilton is looking to use drones to enforce a bylaw that if approved would prohibit off-road vehicleson private property without permission,and on highways and public lands.

If approved by council, bylaw would ban vehicles like ATVs, dirt bikes from trails, highways

An ATV tire
A proposed Hamilton bylaw would prohibit people from driving vehicles like ATVs and dirt bikes on highways, public property and private property without permission. (Mike Heenan/CBC)

The City of Hamilton is looking touse dronesto enforce abylaw that if approved would prohibitoff-road vehicles like all-terrain vehicles, snowmobiles, dirt bikes, and modified trucks on private property without permission,highways and public lands.

Monica Ciriello, director of licensing and bylaw services, said drones would fly over the properties and take photos of people breaking the rules.

"It's no longer going to be one word against another," she said in a planning committee meeting Tuesday.

The bylaw, which council still needs to OK, would provide an exemption if the riders have written permission from property owners to be there. Among other exemptions are vehicles being used for animal husbandry and farming.

Ciriello said the drones may also be used to follow riders"where they end up."

"They eventually get off those bikes at some point."

Public trails and beaches would be restricted

Changes by the Ontariogovernment meant that as of January, off-road vehicles that meet the requirements have been allowed on municipal highways in Hamilton. Municipalities were also given the ability to restrict off-road vehicles on highways, roadways, and public and private property.

People can currently be charged with trespassing on private property. For the charge to happen, Ward 9 (upper Stoney Creek) Coun.Brad Clark said the owners have to get involved, but they're afraid of retribution.

Ward 15(Flamborough) Coun.JudiPartridge said people have been driving aroundfarm properties and subdivisions, with the new Waterdown bypassmaking"quite the lovely drag race strip."

Ifresidents complain and take video, she said, riders come back after dark and "rip up" the homes' front yards.

Council directed staff in September to draft a municipal bylaw.

$10K fine possible for violators

Public trails, parks, public centres, public property, as well as sand dunes, beaches, shoreline, and sidewalks under the jurisdiction of the city are listed as restricted areas. They're only exempted if the lands "form part of a trail route approved and maintained by a recognized agency for the use of a vehicle."

The proposed bylaw says people would be liable to a maximum fine of $10,000 for a first offence, and a maximum fine of $20,000 for a subsequent offence. Corporations who break the rules are liable for more but there are exemptions there too, such as Hydro One or power workers.

Ciriello said an education piece will be part of the enforcement. Rural councillors say they're ready for the change.

"As far as I'm concerned, Ward 15 is way past education. Start bringing the hammer down," Partridge said.

Ward 11 (Glanbrook) Coun.Brenda Johnson spoke about farmers' concerns that stretch back to 2012. She said riders would end upin irrigation ponds orclothes-lined byhedgerows, and would approach farmers to sue for improper signage.

"A $10,000 machine can do $10,000 of damage in a very short time," she said.

Bylaw officers, police would work together

Since 2018, the city has averaged around four complaints a year for off-road vehicles. The police service receives over 250 a year. Hamilton police data say the calls are concentrated inBinbrook, Waterdown and Glanbrook.

Ciriello said the city will work "very closely" with the service to crack down on the problems.

Ciriello said at times, bylaw officers are allowed to enter personal property without the consent of the owner, while police are not. On the other hand, police can stop vehicles, but bylaw officers are not permitted to do so.

The city said there havebeen at least three off-road vehicle-relatedcollisions involving motor vehicles this year, with at least one fatality.