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## Town of Nipawin Bylaw No. 1054/18
## A BYLAW OF THE TOWN OF NIPAWIN IN THE PROVINCE OF SASKATCHEWAN TO REGULATE OBSTRUCTIONS ON STREETS, ROADS AND PROPERTY ADJACENT TO STREETS AND ROADS
The Council of the Town of Nipawin in the Province of Saskatchewan, enacts as follows:
## Purpose
The purpose of this Bylaw is to regulate placement of obstructions on streets and roads and on property adjacent to streets and roads.
## Authority
The authority for this Bylaw is sections (8)(1)(b), (8(1)(c) and 8(1)(g) of the Municipalities Act.
Short Title
- 1.0 This Bylaw may be cited as "The Obstructions Bylaw."
## Definitions
- 2.0 In this Bylaw:
- 2.1 Adjoining Property - means a parcel of land next to a Road or Sidewalk.
- 2.2 Administrator - means the Chief Administrative Officer of the Town of Nipawin.
- 2.3 Debris - means snow, ice, trees, shrubs, weeds, grass, leaves, refuse and other materials likely to interfere with vehicular or pedestrian traffic.
- 2.4 Designated Officer - means any member of the Royal Canadian Mounted Police, the Administrator, and any employee of the Town to whom power and authority to enforce this Bylaw has been delegated by the Administrator.
- 2.5 Occupant - means an occupant as defined in The Municipalities Act.
- 2.6 Owner- means and owner as defined in The Municipalities Act.
- 2.7 Public Place - means any place within the corporate boundaries of the Town subject to the direction, control and management of the Town to which the public has access as of right or by invitation, express or implied, including L.P. Miller Comprehensive School grounds, Wagner Elementary School grounds, Central Park, and all other school grounds, parks, playgrounds and public reserves.
- 2.8 Road - means that portion of every highway, public road, street, avenue, alley, bridge, park drive or public place in the Town intended for use by vehicles.
- 2.9 Sidewalk - means that portion of a street intended primarily for use by pedestrians.
- 2.10 Town - means the Town of Nipawin.
## Obstructions Prohibited
- 3.0 No owner or occupant of any adjoining property shall permit Debris to be placed, deposited or moved onto any Road or Sidewalk adjacent to the adjoining property without prior written permission from the Administrator.
- 3.1 No person shall place, plant, grow, deposit, or move onto any Road, municipal right of way (excepting municipal rights of way adjacent to personal property), Sidewalk, or Public Place any Debris, or damage any Road, municipal right of way, Sidewalk or Public Place, or damage or remove anything placed, planted or installed by the Town on any Road, municipal right of way, Sidewalk or Public Place.
## Town Remedying Contravention
- 4.0 The Town may take whatever actions or measures are necessary to remedy a contravention of this Bylaw and may, pursuant to sections 366 and 368 of The Municipalities Act, issue an order to remedy and seek to collect amounts owing to the Town by civil action for debt in a court of competent jurisdiction.
## Notice of Violation Offences
- 5.0 Every person commits an offence who:
- (a) permits Debris to be placed, deposited or moved onto any Road or Sidewalk adjoining their property without prior written permission from the Administrator;
- (b) places, plants, grows, deposits, or moves any Debris onto any Road, municipal right of way (excepting municipal rights of way adjacent to personal property), Sidewalk, or Public Place;
- (b) damages any Road, municipal right of way, Sidewalk, or Public Place; or
- (c) damages or removes anything placed, planted or installed by the Town on any Road, municipal right of way, Sidewalk, or Public Place.
- 5.1 When a contravention of section 5.0 occurs, the person responsible for the contravention is guilty of an offence and liable on summary conviction to a fine of $75, and in the case of a continuing offence, to a further fine of $75 per day for each day during which the offence continues.
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- 5.2 The following procedure shall apply to offences committed under section 5.0:
- (a) a Designated Officer may, personally or by mail, issue a Notice of Violation in a form approved by the Administrator to any person who has committed an offence under section 5.0 requiring the person to pay to the Town the amount of the fine specified in subsection 5.1;
- (b) the fine may be paid to the Town in person during regular office hours at the Town Office, in the drop box adjacent to the front door of the Town Office, or by post or courier.
- (c) if payment of the fine specified in subsection 5.1 is received by the Town prior to the date the person contravening the Bylaw is required to appear in court to answer a charge, the person shall not be liable to prosecution for that offence.
This bylaw shall come into force and take effect upon the final passing thereof.
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TOWN OF
NIPAWIN
(SEAL)
Seal
SASKATCHEWAN
Mayor
Chief Administrative Officer
READ A THIRD TIME AND FINALLY ADOPTED THIS 2le DAYOF Dovember A.D., 2018
Certified a true copy of Bylaw No. passed by Council the 2le day of
Barry Elliott, Chief Administrative Officer