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TOWN OF CARDSTON
IN THE PROVINCE OF ALBERTA
BYLAW 1719
SNOW REMOVAL
TOWN OF CARDSTON
BYLAW 1719
PAGE 1 OF 8
Table of Contents
PART I - TITLE, PURPOSE, DEFINITIONS AND INTERPRETATION ............. 2
TITLE ....................................................................................................................... 2
PURPOSE ................................................................................................................. 2
DEFINITIONS ........................................................................................................... 2
RULES FOR INTERPRETATION ................................................................................ 4
PART II - UNSAFE SIDEWALKS & MAINTENANCE REGULATIONS ............. 4
UNSAFE SIDEWALKS............................................................................................... 4
OVERHEAD HAZARDS ............................................................................................. 5
PUBLIC PROPERTY .................................................................................................. 5
PARKING ON HIGHWAYS ........................................................................................ 6
PART III - ENFORCEMENT ....................................................................... 6
REMEDIES ............................................................................................................... 6
FINES AND PENALTIES ............................................................................................ 7
PART IV: COMING INTO FORCE & REPEAL ............................................... 7
EFFECTIVE DATE .................................................................................................... 7
REPEAL .................................................................................................................... 7
TOWN OF CARDSTON
BYLAW 1719
PAGE 2 OF 8
TOWN OF CARDSTON
IN THE PROVINCE OF ALBERTA
BYLAW 1719
SNOW REMOVAL
A BYLAW OF THE TOWN OF CARDSTON IN THE PROVINCE OF ALBERTA FOR THE PURPOSE
OF REGULATING SNOW AND ICE REMOVAL FROM SIDEWALKS, RESIDENCES, AND
BUSINESS PROPERTY.
WHEREAS, the Municipal Government Act, RSA 2000, c.M-26 and amendments thereto
permits municipalities to compel all persons to clear snow and ice from sidewalks situated on
land adjoining the property owned or occupied by them; and
WHEREAS the Municipal Government Act authorizes a municipality to pass bylaws respecting
the safety, health and welfare of people and protection of people and property;
NOW THEREFORE, THE COUNCIL OF THE TOWN OF CARDSTON ENACTS AS
FOLLOWS:
PART I - TITLE, PURPOSE, DEFINITIONS AND
INTERPRETATION
TITLE
1) This bylaw shall be known as the "Snow Removal" bylaw of
the Town of Cardston.
PURPOSE
2) The Purpose of this Bylaw is to regulate snow and ice
removal from sidewalks, residences, and business property
within the Municipality of the Town of Cardston.
DEFINITIONS
3) In this bylaw:
(a) "Act" means the Municipal Government Act, R.S.A.
2000, c.M-26, or as amended, enacted or modified from
time to time.
(b) "Enforcement Officer" means a person appointed as a
Bylaw Enforcement Officer and includes any Community
Peace Officer, Bylaw Enforcement Officer, RCMP
Officer or any other Designated Officer or inspector
appointed or employed by the Town with respect to the
enforcement of Bylaws of the Town of Cardston.
(c) "Highway" means any thoroughfare, street, road,
TOWN OF CARDSTON
BYLAW 1719
PAGE 3 OF 8
roadway, trail, avenue, parkway, driveway, viaduct, lane,
square, bridge, causeway, trestle-way, or other place,
whether publicly or privately owned and any part of
which the public is ordinarily entitled or permitted to use
for the passage of vehicles and includes the:
i. sidewalk;
ii. boulevard;
iii. ditch; and
iv. land extending from the edge of the roadway to the
fence line.
(d) "In Default" means failure to fulfill the legal obligation
or duty set out in a provincial violation ticket
(e) "Notice" means a written direction in accordance with
Section 17 of this Bylaw.
(f) "Occupant" means the Person residing on or in apparent
possession or control of Property.
(g) "Owner" means:
i. the Person who is registered under the Land Titles Act
as the owner of the land;
ii. a Person who is recorded as the owner of the property
on the assessment roll of the Town of Cardston;
iii. a Person who has purchased or otherwise acquired the
land and has not yet become the registered owner
thereof;
iv. a Person holding themselves out as the Person having
the powers and authority of ownership, or who
exercises the power and authority of ownership;
v. a Person controlling the property pursuant to a rental or
lease, licence or permit.
(h) "Person" means any individual, or any business entity,
including a firm, partnership, association, corporation,
trustee, executor, administrator or other legal
representative.
(i) "Sidewalk" means that portion of a Highway set aside for
the use of and ordinarily used by pedestrians, whether or
not the surface of such portion is covered with gravel,
concrete, asphalt, or any other type of paving;
(j) "Unsafe Sidewalk" means a sidewalk as described in
TOWN OF CARDSTON
BYLAW 1719
PAGE 4 OF 8
Section 6 of this Bylaw.
RULES FOR
INTERPRETATION
4) In this Bylaw:
(a) The Owner of any real property, as registered on title at
the Land Titles Office is ultimately responsible for all
activities on the property which may constitute
prohibitions of this Bylaw.
(b) Nothing in this Bylaw relieves a Person from complying
with any Federal or Provincial law or regulation, other
bylaw, or any requirements of any lawful permit, order, or
license, nor shall it limit any other rights or remedies the
Town may have under any other such laws, regulations,
bylaws, permits, orders or licenses.
(c) Where this Bylaw refers to another act, bylaw, regulation
or agency, it includes reference to any act, bylaw,
regulation or agency that may be substituted therefore.
(d) Every provision of this Bylaw is independent of all other
provisions and if any provision of this Bylaw is declared
invalid for any reason by a Court of competent
jurisdiction, all other provisions of this Bylaw shall
remain valid and enforceable.
(e) All references in this Bylaw will be read with such
changes in number and gender as may be appropriate
according to whether the reference is to a male or female
person, or a corporation or partnership.
PART II - UNSAFE SIDEWALKS & MAINTENANCE
REGULATIONS
UNSAFE
SIDEWALKS
5) The Owner or Occupant of a parcel of land shall not permit a
Sidewalk adjoining, abutting or adjacent to their land to
become unsafe or persist in an unsafe condition.
6)
(a) For the purpose of greater certainty, an Unsafe Sidewalk
is a Sidewalk that, in the opinion of an Enforcement
Officer, is in such condition that it presents a hazard to
users.
(b) Some factors which may be considered by an
Enforcement Officer in determining whether a Sidewalk
TOWN OF CARDSTON
BYLAW 1719
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is unsafe include:
i. the location, zoning, use, and visibility of the
Sidewalk;
ii. the presence of any of the following on the surface of
the Sidewalk:
(1) snow;
(2) ice;
(3) debris; or,
(4) other material.
OVERHEAD
HAZARDS
7) The Owner or Occupant of every building abutting on or
erected within three (3) meters of a Highway or public place
shall remove snow or ice that has accumulated on the roof,
eaves, or awning extending from a portion of such building to
an extent that a danger is created to persons passing.
8) Persons removing accumulated snow or ice shall take due
care and precaution for the warning and safety of persons
passing.
PUBLIC
PROPERTY
9) Except as provided by Section 10, an Owner or Occupant of a
parcel of land shall not remove snow or ice from the parcel of
land or the Sidewalk and place it on any portion of the
Highway.
10) Subject to Section 11, an Owner or Occupant of a parcel of
land located in the Central Commercial Land Use District
may remove snow and ice from the Sidewalk and place it on
any portion of the Highway adjacent the parcel.
11) Snow and ice shall not be deposited on any portion of the
Highway in a manner which creates:
(a) a hazard for users of the Highway; or,
(b) a hinderance for those charged with plowing the
Highway.
12) An Owner or Occupant of a parcel of land may, in such a way
as not to cause injury or unduly interfere with any person
lawfully using the Sidewalk, use a power-driven device that is
sufficiently light and of such construction that it will not
damage the surface of the Sidewalk to move ice, snow, or
other materials from any portion of a Sidewalk.
13) No Person, outside of the Central Commercial Land Use
District, shall place snow, ice, dirt or other materials taken
TOWN OF CARDSTON
BYLAW 1719
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from the Sidewalk or any private property on the Highway,
other than snow, ice, dirt or other foreign material deposited
there by Town operated snow removal or road maintenance
equipment.
PARKING ON
HIGHWAYS
14) Unless off street parking is unavailable, no one shall park
vehicles on the Highway when snow of sufficient quantity has
accumulated so as to making plowing necessary.
15) The clearing of snow plowed around a vehicle parked on the
Highway is the responsibility of the vehicle's owner.
PART III - ENFORCEMENT
REMEDIES
16) Where the Owner or Occupant of a parcel of land has not
complied with Section 5 of the Bylaw, the Enforcement
Officer may issue and serve the Owner with a Notice of the
infraction. Said Notice shall state:
(a) the required remedial action;
(b) the date and time by which the remedy must be
completed; and
(c) that failure to comply may result in the Town completing
the remedy at the Owner's expense.
17) Service of any Notice shall be deemed to have been duly
given and served on the Owner of the parcel of land as shown
on the assessment roll:
(a) on it being personally served to the Owner; or
(b) by sending it by regular or registered mail to the Owner;
or
(c) on leaving it with a person deemed by the Enforcement
Officer to be over the age of sixteen (16) years at the
residence of the Person to whom the Notice is addressed;
or
(d) by posting it in a conspicuous place on the Property or a
Structure on the Property.
18) Where the Owner fails to pay the expenses and costs referred
to in clause 16(c) within thirty (30) days of the date on which
the account was mailed or delivered to the Owner or
Occupant, the Town may charge the same against the
property as taxes due and owing by adding all costs to the tax
roll in accordance with clause 553(1)(g.1) of the Act.
TOWN OF CARDSTON
BYLAW 1719
PAGE 7 OF 8
Received First Reading this 12 day of November, 2024
Received Second Reading this 26 day of November, 2024
FINES AND
PENALTIES
19) A Person who contravenes any provision of this Bylaw is
guilty of an offense and is liable on summary conviction to a
fine not exceeding one thousand dollars ($1,000) or In
Default of payment is liable to imprisonment for a term not
exceeding one (1) month.
20) Each day or part of a day, that an offence under this Bylaw
continues constitutes a separate offence.
21) The specified penalty for a violation of any provision of this
Bylaw is a fine in the amount of two hundred dollars ($200).
22) Where an Enforcement Officer believes, on reasonable and
probable grounds, that a Person has contravened any
provision of this Bylaw, the Officer may commence
proceedings by issuing a Violation Ticket in accordance with
the Provincial Offences Procedure Act.
23) Where an Enforcement Officer issues a Person a Violation
Ticket in accordance with Section 21 of this Bylaw, the
Officer may either:
(a) allow the Person to pay the specified penalty as
established by this Bylaw by indicating said penalty on
the Violation Ticket; or,
(b) require a Court appearance of the Person where the
Enforcement Officer believes that such appearance is in
the public interest.
24) The issuance of a violation ticket does not relieve any Person
so charged from the responsibility of removing snow, ice, dirt
or other foreign material from the Sidewalk or Highway.
PART IV: COMING INTO FORCE & REPEAL
EFFECTIVE DATE
25) This Bylaw shall come in force upon the date of its third and
final reading.
REPEAL
26) Bylaw 1595 and all prior snow removal bylaws and
amendments thereto shall be rescinded.
TOWN OF CARDSTON
BYLAW 1719
PAGE 8 OF 8
Received Third & Final Reading this 26 day of November, 2024
Signed by the Mayor and the Chief Administrative Officer this 27 day of November, 2024
TOWN OF CARDSTON
MAYOR - Maggie Kronen
CHIEF ADMINISTRATIVE OFFICER - Jeff Shaw