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## ROADS BYLAW
## RURAL MUNCIPALITY OF MARYFIELD NO. 91
## BYLAW NO. 02/2022
## A BYLAW TO REGULATE ACTIVITIES AND ISSUES IN OR ON MUNICIPAL ROADS
The Council of the Rural Municipality of Maryfield No. 91, 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 Maryfield No. 91;
- c) "Municipality" means the Rural Municipality of Maryfield No. 91;
4. ) "Designated Officer" means an employee or agent of the Municipality appointed by Counci to act as a municipal inspector for the purposes of the Bylaw or, in the absence of a designatio of Council, the Administrator;
5. 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.
7. 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.
## Prohibitions:
4. No person shall place or leave or cause to be placed or left on or within any municipal road any earth, stones, rubbish, fences, machinery, portable structures, permanent structures or any other objects:
- a) within one hundred and fifty feet (150) from the center line of any road; or
- b) within three hundred feet from the intersection of two or more roads.
5. No person shall clear or cause to be cleared any brush, trees, or vegetation on or within a municipal road without verbal or written permission from the Council of the Whole. Provided, however, that it shall be permissible to clear the width of a dozer blade for the purpose of erecting a new fence along a property line. Any brush or trees cleared shall be removed from the municipal road allowance,
- a) Cleared brush, trees, or vegetation on or within a municipal road allowance must be removed within eighteen months (18) of Council approval or notification to remove the clearing.
6. No person shall spray or cause to be sprayed any herbicide or pesticide on a municipal road without verbal or written permission from the Council of the Whole.
7. No person shall burn or cause to be burned any crop, hay, grass, brush, weeds, rubbish, or other object on or within a municipal road allowance without verbal or written permission from the Council of the Whole.
8. No person shall place or cause to be placed on any municipal road any object that is likely to interfere with traffic on a municipal road, or otherwise obstruct or interfere with the public's access to or use of any municipal road, without verbal or written permission from the Council of the Whole.
9. No person shall make or cause to make any ruts within any municipal road allowance or ditch. Any damages incurred will be considered a danger to the public and will be dealt with as an emergency.
10. No person shall make or cause to be made any excavations on or within any municipal road without the express written permission of Council. Any exception will be made for situations where adjacent landowners have cultivated up to the edge of the road surface, provided the public's right to make use of a road is not in any way hindered. The person doing the work must stay back a minimum of 15 feet from the edge of the road on raised dirt roads. All work must be done to Council specifications or the person doing the work will be billed for all costs incurred by the Municipality to repair the work.
11. All requests for large projects within the road allowance must be taken directly to the council for a decision. Each case shall be looked at on an individual basis and the decision of the council will be
12. The person doing the work must have the written permission from Council on their person when carrying out any work on the municipal road.
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## Enforcement of Bylaw
13. The administration and enforcement of this Bylaw is hereby delegated to the Designated Officer.
## Order to Remedy Contravention
- If a Designated Officer finds that a person has contravened any of Sections 4 to 9 of this Bylaw, the Designated Officer may, by written order, require the person to remedy the contravention.
15. The written order shall state:
- a) what is to be done to remedy the contravention;
- c) that if a 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.
- b) the time within which the person must comply with the direction; and
## Service of Orders
- Orders given under this Bylaw shall be served in accordance with Section 390 of The Municipalities Act.
## Municipality Remedying Contravention
- If the landowner does not agree with the decision of their Councillor, they may appeal the decision by bringing the issue directly to the Council on the Whole. The decision of the Council will be final.
18. In the event an order issued pursuant to Section 12 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.
19. 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.
## Recovery of Unpaid Expenses and Costs
- Any expenses incurred by the Municipality in remedying a contravention of Sections 4 to 10 of this Bylaw may be recovered by civil action for debt in a court of competent jurisdiction.
21. 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
22. 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.
23. Every person who contravenes any provision of this Bylaw is guilty of an offence and liable on summary conviction in accordance with the Bylaw to Establish Penalties for Contravention of Bylaws No. 2/2014:
- a) In the case of an individual, to a fine of not more than $10,000;
- c) in the case of a continuing offence, to a maximum daily fine of not more than $2,500 per day.
- b) in the case of a corporation, to a fine of not more than $25,000; and
## Repeal Previous Bylaws
24. Bylaw No. 20 is hereby repealed.
## Coming into Force
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25. This Bylaw shall come into forecourthe day of its final passing.
Read a third time and
adopted this 13"h day
of June, 2022
SASKATCHEWAN
+
TRAL
*
savolle
Acting Administrator
Section 8(1)(g) The Municipalities Act
Aching Administratas
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