Municipality of East Hants By-law IO-100, Winter Road & Sidewalk Snow Clearing & Maintenance
East Hants, Nova Scotia
· No. IO-100
· adopted 2015-12-16
· summary & facts
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Winter Road & Sidewalk Snow Clearing & Maintenance
BY-LAW IO-100
MUNICIPALITY OF EAST HANTS
BY-LAW NUMBER IO-100
Winter Road & Sidewalk Snow Clearing & Maintenance
WHEREAS the Municipal Government Act empowers a Municipality to enact bylaws.
BE IT ENACTED by the Council of the Municipality of East Hants, as follows:
1.
SHORT TITLE
1.1.
This bylaw shall be known as the Snow Clearing By-Law.
2.
DEFINITIONS
(a)
"Municipality" shall mean the Municipality of East Hants.
(b)
"Person" shall mean any individual, firm, partnership, association, corporation or
organization of any kind.
(c)
"Public Road" shall mean any street, road or highway or any other way designed or
intended for public use for the passage of vehicles and pedestrians, owned by the
Municipality and maintained at taxpayer expenses, or owned by the Province but for
which there is agreement between the Province and the Municipality with respect to
snow removal, including the full portion of the land within right of ways.
(d)
"Sidewalk" shall mean the portion of a street between the curb line and adjacent
property line or any part of a Public Road especially set aside for pedestrian travel and
separated from the roadway.
(e)
"Vehicle" shall be defined as anything in or upon which a person or property can be
legally transported or drawn upon a Public Road.
(f)
"Obstruct" shall mean placing or leaving a Vehicle which interferes with snow removal or
other winter maintenance activities.
Winter Road & Sidewalk Snow Clearing & Maintenance
BY-LAW IO-100
3.
Roads
3.1.
No person shall clear or cause to have cleared snow from a private road or driveway onto
any Public Road.
3.1.1.
If that event takes place, the property owner from where the snow originated
may be issued an Order to have the snow removed, and if not done within the
time stated on the Order issued, the Municipality may conduct the work at the
property owner's expense. If the Municipality deems there to be an immediate
safety hazard it may choose to conduct the work immediately at the owner's
expense.
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 originated,
which shall be applied and enforced in the same manner as for rates and taxes
under the Municipal Government Act.
3.2.
No person shall park or leave standing a Vehicle, whether attended or unattended, upon
a Public Road where it is obstructing snow removal or other winter maintenance
activities.
3.2.1.
If that event takes place, the owner of the Vehicle may be issued an Order to
have the Vehicle removed, and if not done within the time stated on the Order
issued, the Vehicle may be impounded at the Vehicle owner's expense. If the
Municipality deems there to be an immediate safety hazard it may choose to
conduct the work immediately at the owner's expense.
3.2.2.
If the owner of the Vehicle cannot be found within a reasonable time frame,
the Vehicle may be impounded at the Vehicle owner's expense.
3.3.
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 Public Road.
Winter Road & Sidewalk Snow Clearing & Maintenance
BY-LAW IO-100
4.
Sidewalks
4.1.
No person shall clear or cause to have cleared snow from a private road or driveway onto
a Sidewalk.
4.1.1.
If that event takes place, the property owner from where the snow originated
may be issued an Order to have the snow removed, and if not done within the
time stated on the Order issued, the Municipality may conduct the work at the
property owner's expense. If the Municipality deems there to be an immediate
safety hazard it may choose to conduct the work immediately at the owner's
expense.
4.1.2.
The Municipality's cost in removing the snow pursuant to section 4.1.1 shall
constitute a lien against the property from which the snow 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 a Sidewalk.
Winter Road & Sidewalk Snow Clearing & Maintenance
BY-LAW IO-100
5.
Offences and Penalties
5.1.
Any person who contravenes any provision of this By-law is guilty of an offence and is
liable on summary conviction to a penalty of not less than two hundred dollars ($200) and
not more than five thousand dollars ($5,000) and in default of payment to imprisonment
for not more than sixty (60) days.
5.2.
A person who is alleged to have violated this bylaw, and where the notice so provides,
may pay a penalty in the amount of one hundred dollars ($100) to the Municipality
provided that said payment is made within fourteen (14) days following the day on which
the alleged violation was committed and said payment shall be in full satisfaction,
releasing and discharging all penalties and imprisonments incurred by the person for said
violation.
5.3. The fees listed in sections 5.1 and 5.2 are in addition to any costs incurred as described in
sections 3.1, 3.2 and 4.1.
I, Connie Nolan, Municipal Clerk of the Municipality of East Hants, hereby certify that the above noted
bylaw was passed at a meeting of the East Hants Municipal Council on February 24, 2016.
Connie Nolan
Municipal Clerk
Winter Road & Sidewalk Snow Clearing & Maintenance
BY-LAW IO-100
Bylaw Adoption
First Reading:
November 25, 2015
Notice of Public Hearing Publication:
December 2, 2015
Second Reading and Enactment:
December 16, 2015
Final Publication:
January 13, 2016
Notice to Service Nova Scotia & Municipal Relations:
January 13, 2016
Bylaw Amendment (IO-100-1)
First Reading:
January 27, 2016
Notice of Public Hearing Publication:
February 3, 2016
Second Reading and Enactment:
February 24, 2016
Final Publication:
March 2, 2016
Notice to Province:
March 2, 2016
Version Number
Amendment Description
Council Approval Date
1
The original By-law
December 16, 2015
2
Amendment IO-100-1 to change wording from
Assessment Act to Municipal Government Act -
Bylaw number unchanged and remains IO-100
February 24, 2016