Motorbikes Mark UP Soccer Fields In Acton
The start of the soccer season is right around the corner, and while some are getting fields ready for play, others are already playing in the field on their motor bikes and/or ATV’s which is having a detrimental effect on the fields.
A post was made May 1 in an Acton Facebook group with a picture attached saying “Damage last night to the Acton soccer fields near the arena by what was reported by witnesses as “2 kids on dirt bikes”. Town staff will access today to see how bad it is and what needs to be done for soccer season. Could be thousands of tax payer dollars gone in repairs due to someone’s thoughtless actions. Police have been notified and investigating.”
This seems to be the second post made within a month about the same topic.
Another post on April 19, 2019 which also included pictures of damage said “Dirt Bikers and ATV drivers. Please avoid driving across the soccer fields. The soccer season is starting in a few weeks and we want to give the kids a field they’ll be proud of. Parents, please pass the message along. Thank you!”
After the post, a flood of comments came suggesting everything from, the perpetrators should be “charged for their crime”, to the alleged should have to pay for their damage, or even fix it themselves, and of course the infamous, “kids will be kids” .
So what is the correct remedy? Are there laws, legislation or by-laws already in place to stop this? Is the damage criminal?
First a ***disclaimer*** The writer of this article is not a lawyer.
With that out of the way, we must look at the different levels of government and the laws and by-laws that are in place.
For Municipal Government, out of the 74 by-laws the Town of Halton Hills lists on their website, there does not seem to be anything relating to motor bikes specifically, however, there is a by-law “BY-LAW NO. 2013-0062” which is “relating to the use, protection and regulation of parks within the Town of Halton Hills”, which does mention motor bikes in a round about way.
In this by-law, section 14 subsection (d) states “While in a Park, no Person shall operate any vehicle on any areas other than Roadways, Parking Areas, or areas otherwise intended for such use”.
This document defines vehicle as “vehicle as defined under the Highway Traffic Act, R.S.O. 1990”.
The Highway Traffic Act defines vehicle as “includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a motorized snow vehicle or a street car”
It also describes motor cycle, “a self-propelled vehicle having a seat or saddle for the use of the driver and designed to travel on not more than three wheels in contact with the ground, and includes a motor scooter, but does not include a motor assisted bicycle; (“motocyclette”)”.
It would seem going by these definitions that Halton Hills does have by-laws in place for when this happens, with any contravention by any person falling under the provisions of the Trespass to Property Act R.S.O. 1990.
Under the Trespass to Property Act section 2 “ (1) Every person who is not acting under a right or authority conferred by law and who,
(a) without the express permission of the occupier, the proof of which rests on the defendant,
(i) enters on premises when entry is prohibited under this Act, or
(ii) engages in an activity on premises when the activity is prohibited under this Act; or
(b) does not leave the premises immediately after he or she is directed to do so by the occupier of the premises or a person authorized by the occupier,
is guilty of an offence and on conviction is liable to a fine of not more than $10,000. “
So without special permission a person would not be allowed to ride their motorcycle or any vehicle through a park and may be fined up to $10,000 for doing so.
The Criminal Code of Canada also has remedies in place for property damage.
Section 430 subsection (1) of Criminal Code of Canada lists property damage under "Mischief" stating...
“Every one commits mischief who wilfully
(a) destroys or damages property; (b) renders property dangerous, useless, inoperative or ineffective; (c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or (d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property. “
A soccer field would fall under the definition of property laid out in the Criminal Code, 430 subsection (4.101) (c) “a building or structure, or part of a building or structure, that is primarily used by an identifiable groupas defined in subsection 318(4) for administrative, social, cultural or sports activities or events — including a town hall, community centre, playground or arena —, or an object associated with such an activity or event located in or on the grounds of such a building or structure; “
However was the damage caused on the soccer fields done willfully? Or was it the result of negligence? Or was it unintentional?
One could argue Criminal Negligence, however to meet this bar written in section 219 of the Criminal Code “ (1) Every one is criminally negligent who
(a) in doing anything, or
(b) in omitting to do anything that it is his duty to do,
shows wanton or reckless disregard for the lives or safety of other persons. Definition of duty (2) For the purposes of this section, duty means a duty imposed by law.”
So what is the duty of someone riding a motorbike who isn’t on a highway governed by the Highway Traffic Act? For this we must look to the Off-Road Vehicles Act.
The Off-Road Vehicle Act states in section 12 “Liability of owner
12 (1) Where the driver of an off-road vehicle, who is not the owner thereof, is liable for damages for injury or damage arising out of the operation by the driver of the vehicle with the consent of the owner, the owner is jointly and severally liable. “
If the damage was unintentional as opposed to an act willfully done, this would fall under unintentional tort law.
Without getting into all the nuances of Civil proceedings, this would translate into the Town of Halton Hills, or Owner of any property suing for the expense of the damages.
So what would be the punishment? Without looking at case law which could drastically change the parameters, it seems like it could range anywhere from a $20 to $10,000 fine, possible criminal charges, and civil payment for the damage of property.
Do we ultimately want this in our community? Does everything need to result in a fine, or worse criminal charges? Or can we all learn to get along?
We reached out to Shahan Artun, President of Acton Villa Soccer Club who summed it up nicely. “Our volunteers give their time to provide soccer fields that we can all be proud of, so it’s disheartening to see the fields in this condition as we prepare for the upcoming season. I understand that Acton has a long history of trail riding and I believe that both activities can be enjoyed this summer. We just ask that dirt bikers and ATV riders remind each other to avoid driving directly across the playing surfaces. “
Comments