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TOWN OF LUNENBURG
BY-LAW 10. 18
A BY-LAW RESPECTING THE CARE
OF STREETS
Short title
1.1
This by-law shall be known as and may be
cited as the "Streets By-law".
Committee
2.1
The Transportation/IItilities Committee,
hereinafter known as "the Committee", shall be the
committee for streets for the Town.
Streets in
3.1
The public streets, lanes, highways and
charge of
thoroughfares of the Town, subject to the ultimate
Committee
control of the Council, shall be under the care,
supervision and control of the Committee.
Trees
(\
'
4.1
All trees within the limit of any of the
streets within the Town shall be under the care and
the custody of the Committee, and if any person
shall break, bark, remove, roat up or otherwise
destroy or damage the whole or any part of any
tree, sapling or shrub planted for ornament or
growing on any street or highway of the Town
without permission of the said Committee, he is
,
guilty of an offence and shall be liable to the
penalties prescribed in this by-law.
Any person
found committing a breach of this Section is liable
to arrest on view by any peace officer.
Permission
5.1
Any person proposing to set out any shade
for planting
or ornamental trees on any street, road, lane,
trees
sidewalk or other public place of the Town, shall
apply to the Committee for the location of the
same.
i
Barbed wire
6.1
Every fence erected or constructed along
prohibited
the line of streets or sidewalks of the Town is to
be constructed of such material and in such manner
as to be safe and not offensive to the public
provided that the use of barbed wire for such
fences is prohibited.
6.2
Owners or occupiers of premises who
violate Section 6.1 shall be liable to the
penalties prescribed in this by-law. Ten (10) days
shall be allowed after each conviction to comply
with this by-law.
Posting
7.1
No person or persons shall post, stick,
of bills
paint, stamp or otherwise affix or cause to be
posted, stuck, stamped, painted or otherwise
affixed any bill, poster, notice or advertisement
on any property of the Town or on any telegraph,
telephone, electric light or other post or pole,
fence or Town building standing on or near any
street in the Town without written permission of
the Town Clerk or Chief of Police, nor on any tree
within the limits of the streets of the Town.
Projections
8.1
No person shall erect any verandah, bay
window, porch, sign, awning, fence or other
projection over any sidewalk or street in the Town
without making application in writing to the Town
Engineer
and
obtaining
written
permission
therefore, subject to such conditions as the Town
Engineer may impose.
To be removed 8.2
Every such projection now or hereafter
after notice
erected over any sidewalk or street shall be
removed by the owner or lessee of the premises out
from which the same is built or projects within
forty-eight (48) hours after notice from the Town
Engineer so to do, and in default of such order
being complied with the Town Engineer may remove
the same at the expense of such owner or Lessee who
shall be liable therefor as a private debt to the
Town and such owner or lessee shall also be liable
on conviction to a penalty for each offence against
this Section not exceeding Twenty Dollars ($20.00)
and in default of payment thereof, to imprisonment
for a period not exceeding ten (10) days.
No littering
9.1
No person shall throw, cast or put into or
of streets
cause to be put into or dropped in or on any
street, land or public place in the Town any stone,
nails, tacks, glass, iron, garbage or any other
material whatsoever except by leave of the Town
Engineer or the Committee.
Washing
windows
Snow on
roofs
Icicles
Penalty
10.1
No person shall wash any windows adjacent
to any sidewalk in the Town or sprinkle any
sidewalk with water after nine o'clock
in the
morning, and no occupier of any house or building
shall permit the same to be done in such manner as
to spray pedestrians or vehicles with water or
cleaning materials.
11.1
Every owner or occupier of any house,
barn, stable, shop, store, office or other building
whatever, built close to the line of any street,
lane or thoroughfare of the Town shall, if required
by the Town Engineer or Chief of Police during the
winter season, keep the roofs, eaves and other
projections thereof clear from snow and ice.
11.2
No person shall permit icicles to
accumulate on the eaves or gutters of any building
owned or occupied by him so as to become dangerous
to persons passing the street.
11.3
Any person violating the provisions of
Sections 11.1 or 11.2 shall, for each offence,
forfeit and pay a sum not exceeding Five Dollars
($5.00).
Opening
sidewalk
Protection
on
s idewalks
l
Sidewalks
to be
cleaned
Materials
transported
Handbills
12.1
Whenever any sidewalk has been broken or
otherwise injured in consequence of the erection of
any building or any repairs to a building the Town
Engineer may serve notice in writing upon the owner
of the building requiring him to repair such injury
within thirty days (30) days from service of the
notice, and if the owner fails to make such repairs
within such time, the Town Engineer may cause the
same to be done at the expense of the owner and the
cost thereof may be recovered by the Town by
action.
13.1
No person shall dump, unload, deposit
or move any material or heavy article upon any
concrete or asphalt sidewalk unless such sidewalk
has been first protected by boards not less than
one inch thick and placed close together over the
surface where such material or heavy article is to
be deposited.
14.1
Every occupier of any premises shall keep
the sidewalk and gutter in front of the same free
from dirt and nuisance of every description.
14.2
No person shall cart or transport in any
way on any street, any sand, earth, dirt, manure,
hay, straw or rubbish or any loose fluid or
semifluid in such a manner that any portion of the
same may be spilled or scattered on the street.
15.1
No person shall distribute any handbills
or other papers by scattering the same on any
street.
Timber and
16.1
No person shall draw on any street any
big loads
timber or other article in such a way that the same
or any part thereof drags on the street unless
permission in writing is previously granted by the
Town Engineer.
Tractors
Water
Building
materials
i
Culverts
Permits
refused
Catchpits,
manholes
P
17.1
No crawler tractor shall operate over any
Town street without permission in writing having
first been given by the Town Engineer.
18.1
No person in any building shall permit
water to be discharged or to escape or percolate
therefrom otherwise than by a properly constructed
drain or conduit discharging into a public sewer or
into the gutter of the street.
19.1
No person shall throw any shingles,
boards, slates, sand, gravel, tar or other material
whatsoever from any roof or scaffolding upon any
street, but the same shall be lowered in chutes or
by tackles in such a manner as not to affect the
safety and convenience of the public.
20.1
No person shall construct across any
drain, gutter, or water course on any street, a
bridge of any description or culvert without having
first obtained a permit in writing from the Town
Engineer specifying the nature of the bridge and
terms and conditions on which the same may be
constructed.
20.2
A permit to construct any such bridge
or culvert may be refused in any case in which a
curb and gutter have been placed in front of the
premises intended to be reached by the bridge and
any bridge or culvert at any time constructed may
be directed by the Town Engineer to be removed when
a curb and gutter have been so placed.
21.1
No person shall injure or remove any
portion of any catchpit, receiving basin, covering
flag, manhole, vent shaft, grating or any other
part of any sewer or drain, or obstruct the flow of
water in any sewer or drain or deposit anything in
any catch basin or manhole.
Guarantee
22.1
Every person to whom any permit is granted
deposit
to make any opening or excavation in any street
shall first deposit with the Town Clerk an amount
estimated by the Town Engineer to be sufficient to
restore the street to its original condition
following such excavation.
Retention
22.2
Such deposit shall be retained as a
of deposit
guarantee that the applicant will properly perform
and complete the work for which the permit is
granted and keep the surface of the street, when
such work is done, in good condition to the
satisfaction of the Town Engineer for six (6)
months from the date of the permit.
Default
22.3
If the Town Engineer of the opinion that
the work is not being properly performed or the
surface of the street is not kept in good
condition, he may without notice to the applicant
perform such work in respect to the streets as he
considers necessary and the cost of any work so
done by the Town Engineer shall be deducted by him
from the amount deposited and the balance, if any,
i
returned to the owner at the end of six (6) months.
Recovery of
22.4
If the cost of such work exceeds the
excess
amount deposited, the balance may be recovered from
the applicant by the Town by action.
Emergency
23.1
The Town Engineer may issue for
permit
a cause of emergency an emergency permit which
shall permit excavation to be made on such
conditions as the Town Engineer specifies in the
permit.
Closure of
24.1
Every excavation under a sidewalk made by
openings
the owner or occupant of the adjoining property
shall, after one week's notice to that effect given
by the Town Engineer, be closed and filled up by
the owner or occupier of the premises abutting on
such sidewalk, and if not so closed and filled up
within ten ( 1 0 ) days after such notice, may be
closed and filled up by the Town Engineer at the
expense of the owner or occupier.
C
Lighting
25.1
Every person obtaining a permit to make
of openings
any excavation or opening in or near any street
shall at night sufficiently and continuously light
the same, and shall in addition enclose or secure
the same by a fence or barrier at least three feet
in height, and sufficient to protect the public
from injury.
Limitation
26.1
No person shall make any permanent opening
on openings
under the surface of any street, the movable
covering of which extends further into the street
than to a line three feet from the street line, and
then only by permission in writing from the Town
Engineer, and on such conditions as are specified
in the permit, provided however, that transparent
coverings used for the purpose of lighting only
secured permanently may extend five feet from the
street line.
Movable trap
27.1
No person shall build or place any movable
or door
trap or door in any street for the purpose of
(
i
entrance to a cellar or other premises, without
first obtaining the permission of the Town
Engineer.
Opening for
27.2
No person shall make any opening in any
entrance
sidewalk for entrance to any building or other
purpose whatsoever without a permit from the Town
Engineer, upon the terms set out and such permit
shall be exhibited on request of any policeman or
to any other person authorized by the Town Engineer
in writing to demand inspection of the permit.
Construction
28.1
The Town Engineer may, upon the
of opening
application of any person, construct any hole,
grating or other aperture in any sidewalk in such
manner and of such material as he deems suitable
and the cost thereof shall be paid be the
applicant.
Permission
28.2
No person shall place or maintain a
for grating
grating in any sidewalk unless the location, plan
and material have been approved by the Town
Engineer.
Steps
Apertures
to be
secured
Action by
Director
29.1
No person shall maintain any entrance in
any property by steps descending immediately from
or near to a street unless the same is securely
guarded. .
30.1
Every owner or occupier of any building
having connected therewith any aperture in any
street shall keep such aperture securely covered or
guarded in such a manner and with such material as
the Town Engineer directs and every such cover or
guard shall be constantly kept on a level with the
sidewalk and in good repair and every such aperture
shall be kept closed except in the daytime, and
such aperture when open shall be in charge of some
competent person to warn passers-by.
30.2
If any such owner or occupier fails to
keep any such aperture securely guarded and in good
repair and level with the sidewalk the Town
Engineer may close the said aperture or may put the
same in good condition and repair, and the cost of
so doing may be recovered from the owner by the
Town by action, and in addition thereto the owner
shall be liable to a penalty as hereinafter
provided.
Free access
31.1
Except as provided by the Towns Act or by
this by-law no person shall place or cause to be
placed any encumbrance upon any street whereby the
public
are
prevented
from
the
free
and
uninterrupted use of the same.
Temporary
32.1
The Town Engineer may temporarily close
closing
any street or part thereof while any work is being
done thereon or when it is advisable for other
reasons to close the same, and may for that purpose
erect bars or other impediments to traffic.
Closed street 32.2
Whenever the Town Engineer puts up any
bars or fences to close any street for any purpose,
no person shall interfere with the same or travel
or attempt to travel or drive any vehicle along the
Materials
the street so closed without permission of the Town
Engineer, and every person who so travels or
attempts to travel or drives any vehicle shall be
liable to a penalty as hereinafter provided.
33.1
Any person may, by permission of the Town
Engineer, place on any street material for
buildings and erect an enclosure to protect the
same and may continue such enclosure for such
period as the Town Engineer directs.
Lack of
33.2
Every person placing such material or
permission
erecting such enclosure without such permission or
otherwise, than as herein directed or continuing
the same for a longer period than herein
prescribed, or after being directed to remove the
same, shall be liable to a penalty as hereinafter
provided.
Scaffolding
34.1
Any person may by permission of the
t
Director of Town Engineer erect a scaffolding for
repairing and building or other purpose connected
with any building.
In writing
34.2
Such permission shall be in writing and
shall specify the terms and conditions on which it
may be continued.
Penalty
34.3
Any person who erects any scaffolding
without having first obtained such permission or
otherwise than as is therein directed or continue
the same for a longer period than is therein
prescribed, or after being directed to remove the
same, shall be liable to a penalty as hereinafter
provided.
No goods
for sale
35.1
No person shall place upon any street for
sale or show any goods, wares or merchandise
without permission from the Council.
I
Sign or
36.1
No person shall install a sign or awing
awning
overhanging any street or sidewalk without written
permission from the Town Engineer. Such sign shall
clear the street or sidewalk by ten (10) feet and
such awning shall clear the street or sidewalk by
seven (7) feet.
Installation
36.2
Any person installing a sign or awning
of a sign or
overhanging any street or sidewalk without written
awning
permission from the Town Engineer may be required
to remove the same by the Town Engineer and failure
to comply with such request within ten (10) days
shall constitute an offence under this by-law.
Time limit
37.1
No person shall place on any street any
articles or permit the same to remain thereon so as
to obstruct the free passage of such street for a
longer period than is necessary to remove the same
to or from any building or premises fronting on
such street.
,
Penalty
t
38.1
Every person who contravenes or fails to
comply with any of the provisions of this by-law,
for which a penalty is not specifically prescribed,
shall be liable to a penalty not exceeding TWO
Hundred and Fifty Dollars ($250.00) and in default
of payment to imprisonment not exceeding one month.
Repeal
39.1
All former Streets By-laws of the Town
are hereby repealed and this by-law substituted
therefor.
Approved by Town Council: July 27, 1978
Approved by D.M.A. (approved with amendments to Sections 12.1, 8.2
and 6.1)
: January 16, 1979
No. 2 Amendment - Sections 2.1, 8.1, 8.2, 9.1, 11.1, 12.1, 16.1,
17.1, 20.1, 20.2, 22.1, 22.2, 22.3, 23.1, 24.1, 26.1, 27.1, 27.2,
28.1, 30.1, 30.2, 32.1, 32.2, 33.1, 34.1, 36.1 and 36.2
Approved by Town Council: January 31, 1991
Approved by D.M.A.
: February 25, 1991