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Bylaw 771
Sidewalk Clearing Bylaw
Page 1
TOWN OF WEMBLEY
BYLAW 771
SIDEWALK CLEARING BYLAW
BEING A BYLAW OF THE TOWN OF WEMBLEY IN THE PROVINCE OF
ALBERTA FOR THE PURPOSE TO CONTROL AND REGULATE PERTAINING
TO THE REMOVAL OF SNOW, ICE, DIRT, DEBRIS, AND WASTE MATERIALS
FROM WITHIN THE TOWN OF WEMBLEY.
WHEREAS the Municipal Government Act, RSA 2000, Chapter M-26, and amendments
thereto, under the provisions of Section 7, authorizes a municipality to pass bylaws
respecting the safety, health and welfare of people and the protection of people and
property; and
WHEREAS the Council of the Town of Wembley deems it necessary and expedient to
enact a bylaw to control and regulate the removal of snow, ice, dirt, debris, and waste
materials from the sidewalks, and
WHEREAS the Council of the Town of Wembley deems it necessary and expedient to
enact a bylaw to control and regulate the removal of snow and ice from awnings,
canopies, and marquees projecting over sidewalks; and
WHEREAS the Municipal Government Act, RSA 2000 Chapter M-26, and amendments
thereto, a municipality to pass bylaws regarding the remedying of contraventions of
bylaws; and
WHEREAS, pursuant to sections 203(1) and 209 of the Municipal Government Act, RSA
2000 Chapter M-26 Council may delegate by bylaw any of its powers, duties, or
functions to the Chief Administrative Officer, who may then further delegate the matter.
NOW, THEREFORE, the Municipal Council of the Town of Wembley in the Province
of Alberta, duly assembled, enacts as follows:
CITATION
1. This bylaw may be cited as the "Sidewalk Clearing Bylaw."
DEFINITIONS:
2. In this Bylaw, the following terms will have the following definitions:
"Building" means a development capable of being occupied by one or more Persons
intended for the purposes of a residence or a place of business.
"Boulevard" means that part of a highway in an urban area that:
a. is not roadway, and
b. is that part of the sidewalk that is not especially adapted to the use of or ordinarily
used by pedestrians.
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"Chief Administrative Officer" (CAO) means a Person appointed to a position by
Council to the position of Chief Administrative Officer under the Municipal Government
Act, RSA 2000, Chapter M-26 under section 205 for the Town of Wembley.
"Council" means the Council of the Town of Wembley.
"Commercial" means district designated for commercial use in the Town's Land Use
Bylaw and subsequent amendments.
"Highway" means the same as in the Traffic Safety Act, Revised Statutes of Alberta 2000,
Chapter T-6, as amended or repealed and replaced from time to time.
"Mobility aid" means a device used to facilitate the transport, in a normal seated
orientation, of a Person with a physical disability.
"Municipal Government Act of Alberta" means Municipal Government Act, RSA 2000,
Chapter M-26, and amendments thereto, the Act empowers municipalities to shape their
communities. It regulates how municipalities are funded and how as local governments
they should govern and plan for growth.,
"Non-Residential" means any district not designated for residential use in the Town's
Land Use Bylaw and subsequent amendments.
"Non-Slip Material" means:
a. material such as sand or winter chips applied to a sidewalk to maximize traction;
and, or
b. a non-corrosive, environmentally friendly, pet friendly and gentle on concrete ice
melting product can be applied.
"Occupant" means: a Person who has responsibility for, and control over, the condition
of premises, the activities conducted on those premises and the Persons allowed to enter
those premises.
"Owner" means:
a. the Person who is registered under the Land Titles Act RSA 2000, Chapter L-4,
and subsequent amendments as the owner of the fee simple estate in the land; and
(i)
a Person entitled to any freehold or other estate or interest in land, at
law or in equity, in possession, in futurity or expectancy.
b. in respect of any property other than land, the Person in lawful possession of it; or
c. a Person who is recorded as the Owner of the Property on the Town's assessment
roll.
"Parcel of Land" means (as defined in Municipal Government Act, RSA 2000 Chapter
M-26, and subsequent amendments):
a. where there has been a subdivision, any lot or block shown on a plan of
subdivision that has been registered in a land titles office;
b. where a building affixed to the land that would without special mention be
transferred by a transfer of land has been erected on two (2) or more lots or blocks
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Sidewalk Clearing Bylaw
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shown on a plan of subdivision that has been registered in a land titles office, all
those lots or blocks;
c. a quarter section of land according to the system of surveys under the Surveys Act
or any other area of land described on a certificate of title.
"Peace Officer" means a member of the Royal Canadian Mounted Police; a Peace
Officer appointed under Peace Officer Act Statutes of Alberta, 2006 Chapter P-3.5 and
subsequent amendments; or a Bylaw Enforcement Officer.
"Pedestrian" means:
a. a Person on foot, or
b. a Person in or on a Mobility aid,
and includes those Persons designated by regulation as pedestrians.
"Person" means a corporation, an individual, and the heirs, executors, administrators, or
other legal representatives of an individual.
"Property" means a Parcel of Land, a Building or possessions of the Owner or Occupant
located thereon.
"Provincial Offences Procedure Act" means the Provincial Offences Procedures Act,
RSA 2000, Chapter P-34, and amendments thereto, this Act sets out the procedures for
prosecuting contraventions of provincial acts and regulations, ministerial orders, and
municipal bylaws, and provides for enforcement.
"Residential" means any district designated for residential use in the Town's Land Use
Bylaw and subsequent amendments.
"Sidewalk" means that part of a highway especially adapted to the use of or ordinarily
used by pedestrians, and includes that part of a highway between:
a. the curb line, or
b. where there is no curb line, the edge of the roadway, and the adjacent property
line, whether or not it is paved or improved; or
c. whether or not the surface of such portion is covered with gravel, concrete,
asphalt, or other types of along the frontage of the property or, where it is a corner
site, that portion along the frontage and that portion of walk along the side the
property.
"Specified Penalties" means a penalty for a contravention of this Bylaw, as set forth in
Schedule "A," Attached hereto and forming part of this Bylaw.
"Town" means the corporation of the Town of Wembley, or the area contained within
the boundaries of the Town as the context requires.
"Violation Ticket" means a violation ticket under Part 2 or Part 3 of the Provincial
Offences Procedures Act (RSA 200 as amended).
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Sidewalk Clearing Bylaw
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GENERAL PROVISIONS
3. SIDEWALK SNOW AND ICE CLEARING:
3.1. Whenever snow or ice is deposited on a sidewalk adjacent to a parcel of land, the
owner and/or occupant of the parcel shall remove the snow or ice from the
sidewalk within:
3.1.1. Twenty-four (24) hours for non-residential property; or
3.1.2. Forty-eight (48) hours for residential property.
3.2. If an owner and/or occupant is unable to remove all snow and ice from a
sidewalk as required by subsection 3.1. the owner and/or occupant shall apply a
non-slip material that maximizes traction and renders the sidewalk safe for
pedestrian use.
3.3. If an owner and/or occupant applies a non-slip material to a sidewalk, the owner
and/or occupant must remove all snow and ice from every sidewalk along the
front yard and side yard of the property within twenty-four (24) hours for
commercial and forty-eight (48) hours residential property respectively, and the
owner and/or occupant must add additional non-slip material as required to
ensure that traction is maximized, and the sidewalk is safe for pedestrian use:
3.4. When an owner and/or occupant is absent, arrangements must be made to ensure
the sidewalks are maintained in accordance with this bylaw.
3.5. The owner and/or occupant of a property who has an awning, canopy, marquee,
or other encroachment extending from a portion of their property over a sidewalk
shall:
3.5.1. Endeavor to keep the said awning, canopy, marquee, or other
encroachment free from snow or ice so that the snow or ice will not
deposit or drip upon the sidewalk below.
3.5.2. Cause to be cleaned up any water from melting snow or ice on any
awning, canopy, marquee, or other encroachment of the sidewalk and take
the necessary precautions to ensure that an icy or dangerous situation is
not allowed to exist on sidewalk.
3.6. No person shall deposit snow or ice from their property or in any way cause to be
deposited on any public street, roadway, alleyway, sidewalk, or any other town-
owned and maintained property, except:
3.6.1. Snow or ice from public sidewalks adjacent to commercial properties may
be deposited onto the adjacent street if done so within 24 hours of
cessation of snowfall, and if the street has not yet been cleared by the
Town.
4. SIDEWALK CLEARING:
4.1. That no person shall cause any damage to any sidewalk by pounding,
hammering, picking, chiseling, or by usage of a power-driven device; whether
such person be engaged in removing snow, ice, dirt, debris, or waste materials
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Sidewalk Clearing Bylaw
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from any portion of the sidewalk from which the person is required to remove by
provision of this Bylaw:
4.1.1. any person responsible for damage may be liable for costs to repair the
damage; or
4.1.2. property owners shall be liable for costs for any damages conducted under
Section 4.1. of this Bylaw:
4.1.2.1. By billable invoice, all costs applied to the Property owners tax
roll, pursuant to the Municipal Government Act of Alberta.
4.2. No person shall deposit snow, or ice on sidewalk:
4.2.1. So as to impede or block any storm sewer grate access; or
4.2.2. Other area that will obstruct public drainage infrastructure; or
4.2.3. That it impedes or block traffic control device.
4.3. A registered owner of land shall not permit any hedge, tree, shrub, fence, wall,
structure, or any other object on private property to fall within twelve (12) inches
of any sidewalk.
5. SIDEWALK CLEARED CRITERIA:
5.1. A sidewalk is considered to have been cleared when the sidewalk is clear for the
entire length and width of its surface, as much as is reasonably possible.
6. FIRE HYDRANTS:
6.1. No person shall deposit or cause to be deposited snow, ice snow, ice, dirt, debris,
or waste materials in such a manner that it obstructs the access to, or operation
of, or visibility of any fire hydrant within One (1) meter of any fire hydrants.
6.2. Whenever snow or ice is deposited on a sidewalk adjacent to a parcel of land
with a Fire Hydrant, the owner and/or occupant of the parcel of land shall remove
the snow or ice within:
6.2.1. One (1) meter minimum of any fire hydrants; and
6.2.2. Twenty-four (24) hours after a snowfall.
6.3. The owner and/or occupant of a property with a fire hydrant adjacent to such
Property shall be responsible for clearing snow, cutting weeds or grass around the
fire hydrant in a manner that allows the fire hydrant to be clearly visible and
accessible from the point on the street closest to the fire hydrant.
6.4. Any order given to a property owner and/or occupant under this Section shall
contain a detailed description of the action required, a time frame in which to
complete the action and notice that failing to comply with the condition may
cause the Town to complete the work at property owners expense.
6.5. Failing to comply with an order in this Section may result in the Town
completing the order and the person responsible shall be liable for all costs, or
with the offence on a provincial offence notice with the costs incurred being the
specified penalty.
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Sidewalk Clearing Bylaw
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7. PEDESTRIAN OFFENCES:
7.1. No pedestrian utilizing a sidewalk, shall obstruct, impede, or interfere with the
natural flow of other pedestrians.
7.2. No pedestrian shall place, deposit, or cause any form of waste or debris to be left
on sidewalk or boulevard any property adjacent to any one of those.
8. NOTICE TO CLEAR SIDEWALKS:
8.1. If an owner and/or occupant fails to comply with the requirements of this bylaw,
the Chief Administrative Officer may issue an order to clear notice directing the
owner and/or occupant to comply within any period directed by the Chief
Administrative Officer, but not less than 24 hours:
8.1.1. The notice must state that if the owner and/or occupant does not comply
with this bylaw, the Town may take action to remove dirt, debris, or waste
materials from any property subjected to this Section that fails to clear or
comply with the notice to clear their sidewalk within seven (7) days of a
order to clear notice from the Town without further notice to the property
owner and/or occupant; may
8.1.1.1. Remove dirt, debris, or waste materials from the sidewalk; and
8.1.1.2. Shall be liable for all costs incurred by the Town.
8.2. If an owner and/or occupant fails to comply with the requirements of this bylaw,
the Town may at their discretion cause snow or ice to be removed from any
property subjected to this Section that fails to clear their sidewalk within seven
(7) days of the cessation of the snowfall without notice to the property owner
and/or occupant:
8.2.1. All registered property owners directly adjacent to the sidewalk shall be
liable for costs for any snow or ice removal conducted under Subsection
8.2 of this Bylaw by billable invoice or all costs applied to the tax roll,
pursuant to the Municipal Government Act of Alberta.
8.2.1.1. If an invoice conducted under Subsection 8.2 is unpaid the
invoice with be applied to the property tax roll, pursuant to the
Municipal Government Act of Alberta.
8.3. When a notice must be provided under this bylaw, it may be served:
8.3.1. By delivering it personally to the owner and/or occupant; or
8.3.2. By leaving it with an individual at the property who appears to be at least
18 years of age; or
8.3.3. By mail addressed to the owner at any address for the owner on the tax roll
of the Town or at the Land Titles Registry; or
8.3.4. In the case of a property owned by a corporation, by mail addressed to the
registered office of the corporation.
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8.4. The cost of any actions taken by the Town under this section are a debt owing to
the Town and may be added to the property's tax roll, as outlined in the
Municipal Government Act of Alberta.
9. DECISIONS AND APPEALS:
9.1. The following matters are within the Chief Administrative Officer's discretion,
subject to any appeal or review provided for in this bylaw or to a court:
9.1.1. to increase the time allowed for removal of snow and/or ice, or to apply
non-slip material; and
9.1.2. to approve snow-clearing programs.
9.2. Authority to Increase Days; In the event of a weather event that results in a large
accumulation of snow or ice in a short period of time, the Chief Administrative
Officer is authorized to increase the time allowed for removal of snow and/or ice
or application of non-slip material.
10. ENFORCEMENT, PENALTIES AND FINES:
10.1. No Person shall aid, abet, counsel, or encourage a Person to contravene any
provision of this Bylaw.
10.2. No Person shall obstruct, impede, or hinder Obstruct, hinder, or impede a
Peace Officer or the CAO or any authorized representative of the Town in the
exercise of their powers or duties pursuant to this bylaw.
10.3. Any Person who contravenes the provisions of this Bylaw, or direction given
by a Peace Officer pursuant to this Bylaw, is guilty of an offence and may be
issued a Violation Ticket.
10.4. A Person who is guilty of an offence pursuant to this Bylaw is liable upon
summary conviction to a fine in an amount not less than one fifty dollars
($50.00) and not exceeding ten thousand dollars ($10,000.00).
10.5. Providing no offence has reoccurred against an owner and/or occupant within
the previous twelve (12) months, an offence shall be considered a first offence
unless it is in the public interest pursuant to Section 27 of the Provincial
Offences Procedure Act.
10.6. The specified penalty payable in respect of a contravention of a provision of
this Bylaw is the amount shown in Schedule "A."
11. SEVERABILITY
11.1. It is the intention of Council that each separate provision of this Bylaw shall be
deemed independent of all other provisions, and it is further the intention of
Council that if any provision of this Bylaw be declared invalid, that provision
shall be deemed to be severed, and all other provisions of the Bylaw shall
remain in force and effect.
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12. REPEAL
12.1. Upon third reading of this Bylaw 771, Bylaw 511 and all amendments thereto
are hereby repealed.
13. EFFECTIVE DATE
13.1. This Bylaw shall come into force and effect when it receives third reading and
is duly signed.
READ a first time on this 13th day of January 2025.
READ a second time on this 13th day of January 2025.
READ a third time and finally passed on this 13th day of January 2025.
Signed this _13_ day of January 2025.
____________________________
Kelly Peterson, Mayor
____________________________
Noreen Zhang, CAO
ATTACHMENT:
Sidewalk Clearing Bylaw - Schedule "A" - Specified Penalty
ORIGINAL BYLAW SIGNED
ORIGINAL BYLAW SIGNED
Bylaw 771
Sidewalk Clearing Bylaw
Page 9
Sidewalk Clearing Bylaw 771
Schedule "A" - Specified Penalty
Section
Offence
Penalty
1
Penalty
2
Penalty
3 or
more
First
Offence
Second
Offence
within
one year
Third
or more
offence
within
one
year
3.1.
Fail to remove snow/ice from sidewalk
within the time period.
$100.00
$150.00
$200.00
3.2.
Fail or neglect to apply a non-slip
material.
$100.00
$150.00
$200.00
3.3.
Fail to remove snow/ice from sidewalk
within the time period after applying the
non-slip material.
$100.00
$150.00
$200.00
3.5.
Fail to ensure snow or ice from an
awning, canopy, marquee, or other
encroachment
$100.00
$150.00
$200.00
3.6.
Deposit snow or ice from their property
on any public street, roadway, alleyway,
sidewalk, or any other town-owned and
maintained property
$100.00
$150.00
$200.00
4.1.
Damage to sidewalk
$200.00
$250.00
$300.00
4.2.
Deposit snow, or ice on sidewalk
$100.00
$150.00
$300.00
4.3.
Within twelve (12) inches of sidewalk
$100.00
$150.00
$200.00
5.1
Fails the sidewalk clearing criteria
$100.00
$150.00
$200.00
6.1
Deposits snow, ice snow, ice, dirt,
debris, or waste materials that obstructs
the access to, operation of, or visibility
of any fire hydrant
$150.00
$200.00
$250.00
6.2.
Fails to remove the snow or ice within:
One (1) meter minimum of any fire
hydrants; and Twenty-four (24) hours
after a snowfall.
$150.00
$200.00
$250.00
6.3
Fail to clear snow, or cutting weeds or
grass around the fire hydrant to be
clearly visible and accessible
$100.00
$150.00
$200.00
7.1.
Obstruct, impede, or interfere with the
natural flow
$50.00
$100.00
$150.00
7.2.
Placed, deposit, or left waste or debris
$100.00
$150.00
$200.00
Section not specified - any other section
to which a fine had not been specified
$100.00