By-Law No. 41 — Snow and Ice Clearing and Maintenance By-Law — full text

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__________________________________________________________________________ SNOW AND ICE CLEARING AND MAINTENANCE BY-LAW BY-LAW NO. 41 ___________________________________________________________________________ 1. This By-law shall be known as the Snow and Ice Clearing and Maintenance By-law. 2. Definitions (a) "Municipality" shall mean the Municipality of the District of Barrington. (b) "Person" shall mean any individual, firm, partnership, association, corporation or organization of any kind (c) "Municipal Road" shall mean any public roadway designated or intended for public use for the passage of vehicles and pedestrians, owned by the Municipality and maintained at taxpayer expenses. (d) "Sidewalk" shall mean the pathway between the curb line and adjacent property line located in Barrington Passage and Woods Harbour areas, as constructed and owned by the Municipality. (e) "Vehicle" shall be defined as anything in or upon which a person or property can be legally transported upon a Municipal Road. (f) "Obstruct" shall mean placing or leaving a vehicle which interferes with snow and ice removal or other winter maintenance activities. 3. Roads 3.1 No Person shall clear or cause to have cleared snow and ice from a private road or driveway on to any Municipal Road. 3.1.1. If that event takes place, the property owner from where the snow and ice originated may be issued a Notice to have the snow and ice removed and if not done within the time stated on the Notice issued, the Municipality may conduct the work at the property owner's expense. If the Municipality deems there to be an immediate danger it may choose to conduct the work immediately at the owner's expense without giving Notice. 3.1.2. The Municipality's cost in removing the snow and ice pursuant to Section 3.1.1. shall constitute a lien against the property from which the snow and ice originated, which shall be applied and enforced in the same manner as for rate and taxes under the Municipal Government Act. 3.2 No Person shall park or leave a vehicle, whether attended or unattended, upon a Municipal Road where it is obstructing snow and ice removal or other winter maintenance activities. 3.2.1. If that event takes place, the owner of the vehicle may be issued a Notice to have the vehicle removed, and if not done within the time stated on the Notice issued, the vehicle may be impounded at the vehicle owner's expense. If the Municipality deems there to be an immediate danger it may choose to conduct the work immediately at the owner's expense without giving Notice. 3.2.2. If the owner of the vehicle cannot be found within a reasonable time frame, the vehicle may be impounded at the vehicles owner's expense. 4. Sidewalks 4.1 No Person shall clear or cause to have cleared snow and ice from a private road or driveway onto a Sidewalk. 4.1.1. If that event takes place, the property owner from where the snow and ice originated may be issued a Notice to have the snow and ice removed and if not done within the time stated on the Notice issued, the Municipality may conduct the work at the property owner's expense. If the Municipality deems there to be an immediate danger it may choose to conduct the work immediately at the owner's expense without giving Notice. 4.1.2. The Municipality's cost in removing the snow and ice pursuant to section 4.1.1. shall constitute a lien against the property from which the snow and ice originated and be applied and enforced in the same manner as for rates and taxes under the Municipal Government Act. 4.2 No Person shall permit icicles to accumulate on the eaves or gutters of any building owned or occupied by them so as to become dangerous to Persons passing on the adjacent Sidewalk. 4.3 If safety concerns warrant, the Municipality may choose to close the Sidewalk. 5. Wastewater Lift Station Service Doors 5.1 No Person shall clear or cause to have cleared snow and ice from a private road or driveway onto wastewater lift station service doors. 5.1.1. If that event takes place, the property owner from where the snow and ice originated may be issued a Notice to have the snow and ice removed and if not done within the time stated on the Notice issued, the Municipality may conduct the work at the property owner's expense. If the Municipality deems there to be an immediate danger it may choose to conduct the work immediately at the owner's expense without giving Notice. 5.1.2. The Municipality's cost in removing the snow and ice pursuant to section 5.1.1. shall constitute a lien against the property from which the snow and ice originated and be applied and enforced in the same manner as for rates and taxes under the Municipal Government Act. 6. Offences and Penalties 6.1 Every person who violates or fails to comply with any of the provisions of this By-law shall be liable, upon conviction, to the following: a. For the First Offence, a fine of One Hundred Dollars ($100.00). b. For the Second Offence, a fine of Two Hundred and Fifty Dollars ($250.00). c. For the Third Offence, a fine of Five Hundred Dollars ($500.00). Chief Administrative Officer's Annotation for Official By-law Book Date of first reading: February 24, 2020 Date of advertisement of Notice of Intent to Consider: November 4, 2020 Date of second and final reading: November 23, 2020 and January 25, 2021 *Date of advertisement of Passage of By-law: February 10, 2021 Date of mailing to Minister a certified copy of By-law: February 10, 2021 I certify that Council adopted By-law No. 41 "Snow and Ice Clearing and Maintenance By-law on January 25, 2021 and published as indicated above. ______________________________ _____________________________ Chief Administrative Officer Date *Effective Date of the By-law unless otherwise specified in the text of the By-Law. VERSION LOG Version Number Amendment Description Amendment/Policy Owner Approved By Approval Date 1 Adoption of New By-law CAO Council January 25, 2021