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## CITY OF BROOKS BYLAW 20/02
## A BYLAW OF THE CITY OF BROOKS IN THE PROVINCE OF ALBERTA FOR THE REMOVAL OF SNOW, ICE, DIRT AND OTHER DEBRIS FROM PUBLICLY OWNED SIDEWALKS.
WHEREAS, pursuant to the Municipal Government Act, RSA 2000, c M-26 and
AND WHEREAS, the Council of the City of Brooks considers it desirable and necessary in order to protect and preserve the safety, health and welfare of people and public property that measures be put in place as to ensure the removal of snow, ice, dirt and other debris from publicly owned sidewalks;
NOW THEREFORE, the Council of the City of Brooks in the Province of Alberta hereby enacts as follows:
## 1. TITLE
100. This Bylaw may be referred to as the "Snow Removal Bylaw".
## 2. DEFINITIONS
200. In this Bylaw, unless the content otherwise requires:
201. "Act" means the Municipal Government Act, RSA 2000, c M-26 as amended or repealed and replaced from time to time;
202. "'Chief Administrative Officer" means the Chief Administrative Officer of the City of Brooks regardless of any subsequent title that may be conferred on that officer by Council or statute, or his/her designate;
203. "City" means the City of Brooks, a Municipal Corporation in the Province of Alberta, or the geographical area contained within the boundaries of the City of Brooks, as the context may require;
204. "Council" means the Municipal Council of the City of Brooks;
205. "Peace Officer" means a Bylaw Enforcement Officer appointed by the City of Brooks pursuant to Section 555 of the Municipal Government Act and for he purpose of enforcement of this Bylaw, also includes a Communit Peace Officer or a member or the Roval Canadian Mounted Police
206. "Person" means any person, firm, partnership, association, corporation, company or organization of any kind;
207. "Violation Tag" means a tag or similar document issued by the City pursuant to the Act; and,
208. "Violation Ticket" means a ticket issued pursuant to Part Il of the Provincial Offences Procedures Act, RSA 2000, c P-34, as amended and any Regulations thereto.
## 3. GENERAL
300. The owner or occupant of any premises adjoining a sidewalk shall clear away any snow, ice, dirt or other obstruction from a sidewalk within twenty-four (24) hours after the time such snow, ice, dirt or other obstruction was deposited or formed on the sidewalk.
301. where snow, ice, dirt or other obstruction is formed or deposited on a sidewalk the City may cause the sidewalk to be cleared at the expense of the owner or occupant of the premises adjoining the sidewalk;
302. the City may render the account for the expense incurred by Subsection 300 in writing to either the owner or the occupant of the premises adjoining the sidewalk and the person to whom the account was rendered shall pay the same upon receipt thereof;
303. if the City does not receive the payment of the expense incurred in cleaning a sidewalk as provided in this section within ten (10) days of the date on which the notice of account was mailed or delivered to the occupant or to the owner, the City may charge the same against the property adjoining or adjoining the portion of the sidewalk which was cleared by the City as a special assessment to be recovered in like manner as taxes assessable against the property.
## 4. OFFENCES AND PENALTIES
400. A Peace Officer is for the purposes of enforcement of this Bylaw, a Designated Officer of the City.
401. Fines and penalties imposed on a conviction for an offence under this Bylaw are an amount owing to the City.
402. The levying and payment of any fine or the imprisonment for any period provided in this Bylaw shall not relieve a Person from the necessity of paying any fees, charges or costs from which that Person is liable under the provisions of this Bylaw or any other Bylaw.
403. Any Person who breaches, contravenes or does not comply with any provision of the Bylaw is guilty of an offence and liable:
404. upon the issuance of a Violation Tag to the specified penalty as listed on Schedule "A" attached to and forming part of this Bylaw; or,
405. upon summary conviction to a fine of not less than the amount specified on Schedule "A" attached to and forming part of this Bylaw for each offence, exclusive of costs; or,
406. to a fine of not more than $10,000 or to imprisonment for not more than one year, or to both fine and imprisonment.
407. A Peace Officer is hereby authorized and empowered to issue a Violation Tag to any Person who has contravened any provision of this Bylaw.
408. A Violation Tag shall be deemed to be sufficiently served if:
409. served Personally on the accused; or,
410. mailed to the address of the registered owner of the property concerned or to the Person concerned; or,
411. served Personally upon the manager, secretary, receptionist or other officer or Person apparently in charge at any Premises of the accused, or by mailing a copy to such accused.
412. A Violation Tag shall state:
413. the name of the Person or other information to adequately identify the Person;
414. approximate location of where the offence took place;
415. the offence;
416. the penalty for the offence set out on Schedule "A" of the Bylaw;
417. that the penalty shall be paid within fourteen (14) days from the issuance of the Violation Tag; and,
15. any other information deemed necessary by the Chief Administrative Officer or by the provisions of the Act or the Provincial Offences Procedure Act, RSA 2000, c P-34 as amended.
419. Where a breach of this Bylaw is of a continuing nature, each day on which it continues or is repeated shall constitute a separate offence and shall be liable to a separate penalty.
420. Where a Violation Tag has been issued for breach of any provision of this Bylaw, the Person to whom the Violation Tag is issued may, in lieu of being prosecuted for the offence, pay to the City the penalty specified on the Violation Tag.
421. Nothing in the Bylaw shall prevent a Peace Officer from immediately issuing a Violation Ticket.
422. If a Person upon whom a Violation Tag is served above fails to pay the voluntary payment within the time specified, a Peace Officer is hereby authorized and empowered to issue a Violation Ticket pursuant to Part II of the Provincial Offences Procedure Act, RSA 2000, c P-34, as amended, or as repealed and replaced from time to time.
423. The Person to whom a Violation Ticket has been issued pursuant to the Provincial Offences Procedure Act, RSA 2000, c P-34, as amended, or as repealed from time to time, may plead guilty by making a voluntary payment in respect to the summons by delivering to the Provincial court, on or before the initial appearance date, the Violation Ticket together with an amount equal to the specified penalty for the offence as provided for in Schedule "A" to this Bylaw.
424. Any Person who is guilty by way of summary conviction of an offence under the provisions of this Bylaw shall be liable for a fine of not less than the amount specified for that particular breach of this Bylaw, plus associated court costs pursuant to Part Il of the Provincial Offences Procedure Act, RSA 2000, C P-34, as amended, or as repealed from time to time.
## Remedial Orders
425. A Peace Officer is hereby authorized and empowered to issue a remedial order to any Person whom the Peace Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw.
426. A remedial order written pursuant to this Bylaw may:
427. direct a Person to stop doing something, or to change the way in which the Person is doing it;
428. direct a Person to take any action or measures necessary to remedy the contravention of this Bylaw, and, if necessary, to prevent a reoccurrence of the contravention;
429. state a time within which a Person must comply with the directions; and,
430. state that if the Person does not comply with the directions within a specified time, the City will take the action or measures at the expense of the Person.
431. A remedial order written pursuant to this Bylaw may be served:
432. in the case of an individual:
433. by physically delivering it to the Person; or,
434. by mail addressed to the Person at their apparent place of residence or at any address for the Person on the tax roll of the City or at the Land Titles registry. A remedial order is deemed to be received seven (7) days after it is mailed.
435. in the case of a company or corporation or other such entity:
436. by physically delivering it to any director or officer of the company;
438. by mail addressed to the registered office of the company. A remedial order is deemed to be received seven (7) days after it is mailed.
437. by physically delivering it to a Person apparently in charge of an office of the company at an address held out by the company to be its address;
439. If, in the opinion of a Peace Officer, service of the remedial order cannot be reasonably affected, or if the Peace Officer believes that the owner and/or occupier of the Premises is evading service, the Peace Officer may post the remedial order in a conspicuous place on the Premises to which the remedial order relates, or on the private dwelling place of the Owner of the Premises, as registered at the Land Titles Office or on the municipal tax roll for the Premises, and the remedial order shall be deemed to be served upon the expiry of three (3) days after the remedial order is posted.
440. Every Person who fails to comply with a remedial order issued pursuant to this Bylaw within the time set out in the remedial order commits an offence.
441. If the Person to whom a remedial order has been issued fails to comply with the remedial order within the time specified therein, the City may take whatever steps are necessary to remedy the contravention of this Bylaw and the cost of isoing so becomes a debt owing to the City by the Person to whom the order was
442. If, in the opinion of the Chief Administrative Officer, a contravention of this Bylaw requires immediate action, the City may perform any work necessary to address the contravention of this Bylaw without prior notice or a remedial order and all costs incurred by the City will be payable by the Person alleged to have
## 5. SEVERABILITY:
500. It is the intention of Council that each separate provision of this Bylaw shall be deemed independent of all other provisions herein and it is the further intention of Council that if any provision of this Bylaw is declared invalid, all other provisions hereof shall remain valid and enforceable.
## REPEAL OF BYLAW:
600. That Bylaw No. 12/03 be hereby repealed.
## EFFECTIVE DATE:
700. This Bylaw shall come into force and take effect on the date of final passing.
Read a first time this 30th day of March, 2020. Read a second time this 30th day of March, 2020.
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Read a third time and finally passed this 30th day of March, 2020.
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Mayor
Chief Administrative Officer
## CITY OF BROOKS BYLAW NO. 20/02 SCHEDULE "A"
| Offence | Subsection | First Offence | Second or Subsequent Offences |
|---------------------------------------------------------------------------------------------------------------------------------------|--------------|-----------------|---------------------------------|
| Failure to remove snow, ice, dirt or debris from a sidewalk within twenty-four (24) hours after time of deposit or formation of such. | 300 | $75.00 | $150.00 |