Snow and Ice Removal By-law

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Being a by-law for the removal of snow and ice from sidewalks and roofs.

Definitions
General provisions
Enforcement
Severability
Penalty
Repeal
Effective date

Notice of motion

WHEREAS Chapter M.45, Section 210, of the Municipal Act, R.S.O. 1990, as amended, gives Council the authority to pass by-laws;

AND WHEREAS Section 210 (60), of the Municipal Act, R.S.O. 1990, as amended, requires the owners or occupants of any designated class of building in the municipality or any defined area thereof to clear away and remove snow and ice from the roofs of such buildings and for requiring the owners or occupants of any designated class of building in the municipality or any designated area thereof to clear away and remove snow and ice from the sidewalks on the highways in front of, alongside or at the rear of such buildings and for regulating when and the manner in which the same shall be done;

AND WHEREAS Section 326, of the Municipal Act, R.S.O. 1990, as amended, states that where a Council has authority to direct or require by by-law or otherwise that any matter or thing be done, the Council may be the same or by another by-law direct that, in default of its being done by the person directed or required to do it, such matter of thing shall be done at the person's expense, and the Corporation may recover the expense incurred in doing it by action, or the same may be recovered in like manner as municipal taxes, or the Council may provide that the expense incurred by it, with interest, shall be payable by such person in annual installments not exceeding ten years and may borrow money to cover such expense by the issue of debentures of the Corporation payable in not more than ten years;

AND WHEREAS Section 181 of the Highway Traffic Act, R.S.O. 1990, as amended, states that no person shall deposit snow or ice on a roadway without permission in writing so to do from the Ministry of Transportation or the road authority responsible for the maintenance of the road;

AND WHEREAS the Council of the Corporation of Norfolk County deems it necessary to enact such a by-law requiring the removal and clearing of snow and ice from sidewalks and roofs;

Now therefore the council of the corporation of Norfolk County hereby enacts as follows:

1. Definitions

1.1 Building - shall mean any structure or edifice, whether temporary or permanent, used or built for the shelter, accommodation or enclosure of persons, animals, materials, equipment or things.

1.2 Highway - shall include a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof.

1.3 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.

1.4 Owner- shall mean owner, occupant, tenant or lessee of the property or person having control, charge or care of the property.

1.5 Roof - shall mean the cover of a building and shall include any overhang or projection.

1.6 Sidewalk - shall mean any improved walkway constructed of concrete, brick, asphalt or stone which runs parallel to the highway and is intended to be used by the general public.

2. General provisions

2.1 Every owner of a building, or lot, whether occupied or not, shall clear away and remove the snow and ice from the sidewalk adjacent to the property by twelve o'clock noon of each day.

2.2 Every owner of a building that is located adjacent to a sidewalk, whether occupied or not, shall clear away and remove any snow or ice condition from the roof of such building if said condition presents a safety hazard in the opinion of the Municipal Law Enforcement Officer.

2.3 No person shall deposit snow or ice onto a highway without the written permission of the road authority responsible for the maintenance of the road.

3. Enforcement

3.1 The Municipal Law Enforcement Officer shall enforce this by-law.

4. Severability

4.1 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.

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 In addition to the foregoing penalty, failure to remove the snow and ice from the sidewalk adjacent to the property or the roof of the building by the time specified in this by-law may result in the Corporation of Norfolk County undertaking to have such work to be done and any expenses arising out of the enforcement of this by-law may be recovered as taxes under the Municipal Act, Section 326, R.S.O. 1990, as amended.

6. Repeal

6.1 That former Township of Delhi By-laws 49-94 and 05-98 and former Town of Simcoe By-law 81-33 and any amendments thereto are hereby repealed in their entirety.

7. Effective date

7.1 That the effective date of this by-law shall be the date of final passage thereof.

Enacted and passed this 12 day of November 2002