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RURAL MUNICIPALITY OF ROSTHERN NO. 403
BYLAW 3.2019
A BYLAW TO REGULATE ACTIVITIES AND THINGS IN OR ON MUNICIPAL ROADS
The Council of the Rural Municipality of Rosthern No. 403, 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 Rosthern No. 403;
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 Rosthern No. 403;
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, leave or burry on or within any Municipal Road any earth, stones, rubbish, fences
or other objects without the express permission of Council.
5.
No person shall push or place snow on, across or within any Municipal Road which becomes a safety
concern for the maintenance crews, without the express permission of Council.
Excavations on Roads
6.
No Person shall make any excavations including alterations, re-shaping and additions on or within any
municipal road without the express permission of Council
Brush, Trees and other Road Obstructions
7.
That burying or the planting of any sorts of trees, shrubs or live plants, also the placing of stone piles,
portable structures, machinery or other objects within one hundred and fifty (150) feet from the center of
any municipal road is hereby prohibited.
8.
That burying or the planting of any sorts of trees, shrubs or live plants, also the placing of stone piles,
portable structures, machinery or other objects within three hundred (300) feet from the intersection of
any municipal road is hereby prohibited
Driveways
9.
That all Country Residential Districts (RA 1, 2, 3 and 4) and Hamlet District (H) referenced in the R.M
Zoning Bylaw, driveways not exceed a maximum width of thirty (30) feet road surface.
Enforcement of Bylaw
10.
The administration and enforcement of this Bylaw is hereby delegated to the Designated Officer.
Notice of Violation to Remedy Contravention
11.
If a Designated Officer finds that a person has contravened sections 4-7 of this Bylaw, the Designated
Officer may issue a Notice of Violation.
12.
If the person does not comply with the Notice of Violation within the time specified the Municipality may
do what is required to be done at the expense of the person.
Municipality Remedying Contravention
13.
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.
14.
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
15.
Any expenses incurred by the Municipality in remedying a contravention of sections 4 or 5 of this bylaw
may be recovered as per Section 369 of The Municipalities Act.
16.
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.
Voluntary Payments
17.
Where the Designated Officer believes that a person has contravened any provision of this Bylaw, he/she
may serve upon such person a Bylaw Violation Notice as provided by this section either personally or by
mailing or leaving same at his/her last known address as recorded in the Tax Roll and such service shall be
adequate for the purpose of this Bylaw.
18.
Such notice shall be deemed to have been served:
a) on the expiration of twenty-four hours after it is posted, if the notice is mailed;
b) on the day of actual delivery, if the notice is served personally; or
c) on the business day following the transmission, if given by facsimile.
19.
A Bylaw Violation Notice shall be in such form as determined in Schedule A and shall state the section of
the Bylaw, which was contravened, and the amount, which is provided in Schedule B that will be accepted
by the Municipality in lieu of prosecution.
20.
Upon production of a Bylaw Violation Notice issued pursuant to this section within twenty (20) days from
the issue thereof, together with the payment of the fee if the contravention has not been remedied
within seventy-two (72) hours of notice, the fee as provided in Schedule B to the Administrator of the
Municipality, the person to whom the ticket was issued shall not be liable for prosecution for the
contravention in respect of which the ticket was issued.
21.
Where any person contravenes the same provision of this Bylaw two or more times within one twelve
month period, the specified payment payable in respect of the second or subsequent contravention is the
amount shown in Schedule B of this Bylaw in respect of that provision.
22.
Notwithstanding the provisions of this section, a person to whom a Bylaw Violation Notice has been
issued pursuant to this section may exercise his right to defend any charge of committing a contravention
of any of the provisions of this Bylaw.
Offences and Penalties
23.
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.
24.
Every person who contravenes any provision 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
25.
This Bylaw shall come into force on the day of its final passing.
Repealing Bylaw
26.
Thar Bylaw 71 be repealed
27.
That Bylaw 72 be repealed
28.
That Bylaw 2.2014 be repealed and replaced with this Bylaw.
(SEAL)
Read a first time this _______ day of ___________________2019.
Read a second time this _______ day of ___________________2019.
Read a third time and adopted this _______ day of ___________________2019.
Reeve, Martin Penner
Acting Administrator, Amanda McCormick
Schedule "A" to Bylaw No 3.2019
BYLAW VIOLATION NOTICE
Reference No. ____
RURAL MUNICIPALITY OF ROSTHERN NO. 403
BYLAW VIOLATION NOTICE
Name
Mailing Address
This official notice is issued for alleged breach of the following bylaw:
Bylaw No. 3.2019
Section #:
Offence:
Voluntary Payment:
DETAILS OF ALLEGED BREACH OF VIOLATION:
__________________________
__________________________
Date of Violation
Time of Violation
_________________________________________________
Legal Land Description, Civic Address if applicable.
Other particulars:
______________________________________________________________________________________
______________________________________________________________________________________
PENALTY:
Take notice that you will be responsible to remit a voluntary payment to the Municipality in the amount stipulated
above if the offence noted is not remedied within 72 hours.
Should the offence not be remedied within 72 hours of the noted date of violation, payment is required to be made
in person at the municipal office or by mail to:
Rural Municipality of Rosthern No. 403
Box 126
Rosthern, Saskatchewan, S0K 3R0.
To avoid prosecution of this offence, the voluntary payment indicated above must be received
by___________________________, or a summons requiring your appearance in provincial court may be issued
Issued this __________ day of ________________, 20_____. By Twin Rivers Bylaw Enforcement Officer.
__________________________________________
Signature of Designated Official
Schedule "B" to Bylaw No 3.2019
VOLUNTARY PAYMENT SCHEDULE
OFFENCE
VOLUNTARY PAYMENT
Individual
First Offence
$ 250.00
Second Offence
$500.00
Corporation
First Offence
$500.00
Second Offence
$1000.00