Obstruction By-law

1. Short title

1.1 This by-law shall be known as the "Obstruction By-law".

2. Definitions

2.1 Boulevard - shall include that area located between the roadway and the sidewalk.

2.2 Corporation - shall mean The Corporation of Norfolk County.

2.3 Highway- shall include the entire right-of-way of a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, designed and intended for, or used by, the general public for the passage of vehicles.

2.4 Motor Vehicle - shall include an automobile, commercial motor vehicle, motorcycle, motor assisted bicycle, unless otherwise indicated in the Highway Traffic Act, and any other vehicle propelled or driven otherwise than by muscular power, but does not include the cars of electric or steam railways, or other motor vehicles running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road-building machine within the meaning of the Highway Traffic Act.

2.5 Municipal Law Enforcement Officer - shall mean a person appointed by the Council of The Corporation of Norfolk County for the purposes of enforcing County by-laws and for the purposes of this by-law shall include the Ontario Provincial Police or any police agency.

2.6 Obstruct- shall mean to foul, encumber, injure, hamper, hinder, obstruct, block or damage.

2.7 Obstruction - shall include a motor vehicle, parts of motor vehicles, vehicles, vehicle, trailer, mobile home, recreational vehicle, household furnishings, appliances, construction materials, rocks, boulders, stones, trees or parts thereof, fences, objects or conditions that may create a safety hazard, dead animals, discarded organic materials, and without limiting the generality of the foregoing shall include any material or thing deemed by a Municipal Law Enforcement Officer as obstructing pedestrians or vehicles or motor vehicle traffic on a highway.

2.8 Recreational Vehicle - shall include a camper, an all terrain vehicle, a mobile home, a boat or watercraft.

2.9 Sidewalk- shall include all such parts of highway as are set aside by The Corporation for the use of pedestrians or used by the general public for the passage of pedestrians.

2.10 Trailer - shall mean a vehicle that is, at any time, drawn upon a highway by a motor vehicle, except an implement of husbandry, a mobile home, another motor vehicle or any device or apparatus not designed to transport persons and property, temporarily drawn, propelled, or moved upon such highway, except a side car attached to a motorcycle, and shall be considered a separate vehicle and not part of the motor vehicle by which it is drawn.

2.11 Vehicle - shall include a motor vehicle, trailer, traction engine, farm tractor, road-building machine and a vehicle drawn, propelled or driven by any kind of power, including a motorized snow vehicle, or the cars of electric or steam railways running only upon rails.

3. General provisions

3.1 No person shall obstruct a highway.

3.2 No person shall obstruct a boulevard.

3.3 No person shall obstruct a sidewalk.

3.4 Upon the discovery of an obstruction on a highway, sidewalk or boulevard, the Municipal Law Enforcement Officer may direct that said obstruction be removed immediately or within a time period to be determined by the Municipal Law Enforcement Officer.

3.5 Notwithstanding any of the foregoing provisions of this section, the provisions of this by-law shall not apply to any conditions or obstructions created by police vehicles, emergency vehicles, ambulances, Corporation vehicles and other Provincial or Federal government vehicles and utility vehicles such as hydro, gas, telephone and cable TV while actually engaged in the performance of their duties.

4. Enforcement

4.1 This by-law shall be enforced by the Municipal Law Enforcement Officer.

5. Penalty

5.1 Every person who contravenes this by-law is guilty of an offence and upon conviction is liable to a fine or penalty as provided for in the Provincial Offences Act, R.S.O. 1990, as amended.

5.2 Every person who violates the provisions of this by-law may be directed by the Municipal Law Enforcement Officer to remove the obstruction from the highway, boulevard or sidewalk, at their own expense, within a time period to be determined by the Municipal Law Enforcement Officer.

5.3 In addition to the foregoing penalties, failure to remove the obstruction from the highway, sidewalk or boulevard within the time period as required in Section 5.2 of this by-law may result in the municipality undertaking to complete the work and any costs associated with the work shall be billed to the person responsible in a like manner as taxes.

5.4 Further to Sections 5.1 and 5.2 of this by-law, where a vehicle has been removed, impounded, restrained or immobilized according to Section 170(15) of the Highway Traffic Act, R.S.O. 1990, as amended, all costs associated with the removal, impoundment, restraining or immobilization will be the responsibility of the registered owner of the vehicle.

6. Severability

6.1 In the event that any of the provisions of this by-law are deemed ultra vires by any Court of competent jurisdiction, the remaining terms and provisions shall remain in full force and effect.

7. Repeal

7.1 That former Township of Delhi By-law 51-89 and any amendments thereto and former Township of Norfolk By-law 634-82 and any amendments thereto are hereby repealed in their entirety.

8. Effective date

8.1 This by-law shall become effective upon the passing thereof and the approval of the set fines by the Regional Senior Justice of the Ontario Court of Justice.

Enacted and passed on this 28th day of September 2004.