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BYLAW NO. 03/16
Rural Municipality of Lakeview No. 337
A BYLAW TO REGULATE ACTIVITIES AND THINGS IN OR ON
MUNICIPAL ROADS
The Council of the Rural Municipality of Lakeview No. 337, in the Province of
Saskatchewan, enacts as follows:
Short Title
1.
This Bylaw may be referred to as the Roads Bylaw.
Definitions
2.
In this Bylaw:
a) "Council" means the Council of the Rural Municipality of Lakeview No. 337;
b) "Designated Officer" means an employee or agent of the Municipality
appointed by Council to act as a municipal inspector for the purposes of this
Bylaw or, in the absence of a designation by the council, the Administrator;
c) "Municipality" means the Rural Municipality of Lakeview No. 337;
d) "emergency" means a situation in which there is imminent danger to public
safety or of serious harm to property; and
e) "municipal road" means a street or road under the direction, control and
management of Council by virtue of section 12 of The Municipalities Act.
3.
For greater certainty, the term "municipal road" when used in this Bylaw includes
any land that is part of the original road allowance or the subject of a registered road plan.
Encumbering of Roads
4.
No person shall place or leave on or within any municipal road any earth, stones,
rubbish, fences or other objects without the express permission of Council.
Excavations on Roads
5.
No person shall make any excavations on or within any municipal road without
the express permission of Council.
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Permits
6.
Notwithstanding sections 4 and 5 of this Bylaw, Council may, if satisfied that the
placing or leaving of any earth, stones, fences or other objects, or the making of any
excavations, on or within any municipal road, can be done (i) without compromising the
safety, health or welfare of people or (ii) without damage to the municipal road or other
property, give permission to a person to do the same.
Enforcement of Bylaw
7.
The administration and enforcement of this Bylaw is hereby delegated to the
Designated Officer.
Order to Remedy Contravention
8.
If a Designated Officer finds that a person has contravened paragraphs 4 or 5 of
this Bylaw, the Designated Officer may, by written order, require the person to remedy
the contravention.
9.
The written order shall state:
a) what is to be done to remedy the contravention;
b) the time within which the person must comply with the direction; and
c) that if the person does not comply with the direction within the time specified
the Municipality may do what is required to be done at the expense of the person.
Service of Orders
10.
Orders given under Bylaw shall be served in accordance with section 390 of The
Municipalities Act.
Municipality Remedying Contravention
11.
In the event an order issued pursuant to section 7 of this Bylaw is not complied
with within the time specified, the Municipality may take whatever actions or measures
are necessary to remedy the contravention.
12.
In an emergency the Municipality may take whatever actions or measures are
necessary to eliminate the emergency, in accordance with section 367 of The
Municipalities Act.
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Recovery of Unpaid Expenses and Costs
13.
Any expenses incurred by the Municipality in remedying a contravention of
sections 4 or 5 of this Bylaw may be recovered by civil action for debt in a court of
competent jurisdiction.
14.
The Municipality may add any costs incurred in eliminating an emergency to the
tax roll of any property in the Municipality in respect of which the person who caused the
emergency is the assessed person, in accordance with section 369 of The Municipalities
Act.
Offences and Penalties
15.
No person shall:
a)
fail to comply with an order made pursuant to this Bylaw;
b) obstruct or interfere with any Designated Officer or any other person acting
under the authority of this Bylaw; or
c)
fail to comply with any other provision of this Bylaw.
16.
Every person who contravenes any provision of section 14 is guilty of an offence
and liable on summary conviction:
a) in the case of an individual, to a fine of not more than $10,000;
b) in the case of a corporation, to a fine of not more than $25,000; and
c) in the case of a continuing offence, to a maximum daily fine of not more than
$2,500 per day.
Coming Into Force
17.
This Bylaw shall come into force on the day of its final passing.
____________________________________
Reeve
[Seal]
____________________________________
Administrator
Read a third time and adopted
Section 8(1)(g) The Municipalities Act
this _____ day of __________ , 20__.
_______________________________
Administrator