Snow Removal Bylaw No. 1745, 2019 (consolidated to Feb 24, 2020)
Coldstream, British Columbia
· No. 1745
· adopted 2019-11-12
· summary & facts
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Snow Removal Bylaw No. 1745, 2019
adopted November 12, 2019
CONSOLIDATED FOR
CONVENIENCE ONLY
Includes amendments adopted
up to February 24, 2020
DISTRICT OF COLDSTREAM
BYLAW NO. 1745, 2019
A BYLAW TO REQUIRE THE OWNER OR OCCUPIER OF REAL PROPERTY TO REMOVE
SNOW, ICE OR RUBBISH FROM THE SIDEWALKS BORDERING ON SUCH REAL PROPERTY
WHEREAS the Community Charter provides that Council may, by bylaw, require the owner or occupier of
real property to remove snow, ice, or rubbish from the sidewalks bordering on the real property;
AND WHEREAS the Council of the District of Coldstream deems it expedient to make provisions,
regulations and penalties that require the owner or occupier to remove all snow, ice and rubbish from
the sidewalks bordering on the real property;
NOW THEREFORE the Council of the District of Coldstream ENACTS AS FOLLOWS:
TITLE
1
This Bylaw may be cited as "DISTRICT OF COLDSTREAM SNOW REMOVAL BYLAW NO. 1745, 2019".
INTERPRETATION
2
(1)
In this Bylaw:
"Bylaw Enforcement Officer" means the person appointed, or their designate, by the
Chief Administrative Officer for the District and shall include a Peace Officer or member
of the Royal Canadian Mounted Police;
(2)
Unless otherwise provided in this Bylaw, words and phrases used herein have the same
meanings as in the Community Charter, Local Government Act and the Interpretation Act
as the context and circumstances may require.
(3)
A reference to an Act in this Bylaw refers to a statute of British Columbia, and a
reference to any statute, regulation, bylaw or other enactment refers to that enactment
as it may be amended or replaced from time to time.
(3)
Words in the singular include the plural, and words in the plural include the singular.
(4)
Headings are for convenience only and must not be construed as defining or limiting the
scope or intent of the provisions.
SEVERABILITY
3
If any part of this Bylaw is held to be invalid by a court of competent jurisdiction, the invalid part
is severed and the remainder of the Bylaw continues to be valid.
DISTRICT OF COLDSTREAM SNOW REMOVAL BYLAW NO. 1745, 2019 (Consolidation)
Page 3
REGULATIONS
4
(1)
All owners or occupiers of real property within the District of Coldstream must
remove, within 24 hours of each snowfall, all snow, ice and rubbish from the sidewalks
that border their real property.
(2)
An owner or occupier of real property must not place, cause or allow snow or ice to
migrate from their property onto any portion of a highway.
(3)
If any snow or ice is deposited onto a highway contrary to subsection (2), the owner or
occupier of the property must take immediate steps to safely remove the snow, ice or
both from the highway, at their own expense, and is responsible to pay for any costs
and expenses incurred by the District to repair any resulting damage to the highway.
(4)
A person must not place snow or ice from one portion of a highway onto another
portion of a highway. Amendment Bylaw No. 1751
REMEDIAL
5
(1)
If an owner or occupier of real property fails to comply with section 4, the District of
Coldstream, by its employees, contractors or agents, may remove the snow, ice and
rubbish at the expense of the owner.
(2)
The amount stated on an invoice by the District pursuant to subsection (1) is a debt
owing to the District by the owner which if unpaid by December 31st will be collected as
for taxes in arrears.
ENFORCEMENT
6
The provisions of this Bylaw may be enforced by any Bylaw Enforcement Officer.
PENALTIES
7
(1)
Every person who
(a)
contravenes this Bylaw,
(b)
permits, suffers or allows any act or thing to be done in contravention of this
Bylaw, or
(c)
fails or neglects to do anything required to be done under this Bylaw or of any
permit or direction issued under this Bylaw
commits an offence, and each day a contravention continues shall constitute a separate
offence.
DISTRICT OF COLDSTREAM SNOW REMOVAL BYLAW NO. 1745, 2019 (Consolidation)
Page 4
(2)
A person found to have contravened this Bylaw is liable to pay any of the following:
(a)
a fine imposed under the District of Coldstream Bylaw Notice Enforcement
Bylaw;
(b)
a penalty imposed under the District of Coldstream Municipal Ticket
Information Utilization Bylaw;
(c)
a fine of up to $10,000, and any further amounts that may be ordered by the
court if proceedings are brought under the Offence Act.
REPEAL
8
District of Coldstream Snow Removal Bylaw No. 1457, 2005 is hereby repealed.
CONSEQUENTIAL AMENDMENTS
9
District of Coldstream Municipal Ticket Information Utilization Bylaw No. 1598, 2012 is amended
as follows:
(a)
In Schedule 1 by deleting "1457, 2005" and substituting "1745, 2019"; and
(b)
By deleting Schedule 11 and substituting Schedule 11 attached to and forming part of
this Bylaw. Amendment Bylaw No. 1751
10
District of Coldstream Bylaw Notice Enforcement Bylaw No. 1636, 2013 is amended as follows:
(a)
In Schedule 'A' by deleting "1457, 2005" and substituting "1745, 2019"; and
(b)
By deleting Appendix 10 to Schedule 'A' and substituting Appendix 10 to Schedule 'A'
attached to and forming part of this Bylaw. Amendment Bylaw No. 1751
READ A FIRST TIME this
28th day of
October
2019
READ A SECOND TIME this
28th day of
October
2019
READ A THIRD TIME this
28th day of
October
2019
ADOPTED this
12th day of
November
2019
Corporate Officer
Mayor
Attachments:
"Schedule 11 - Snow Removal Bylaw No. 1745, 2019" amending Municipal Ticket
Information Bylaw No. 1598, 2012
"Appendix 10 to Schedule 'A' - Snow Removal Bylaw No. 1745, 2019" amending Bylaw
Notice Enforcement Bylaw No. 1636, 2013
DISTRICT OF COLDSTREAM SNOW REMOVAL BYLAW NO. 1745, 2019 (Consolidation)
Page 5
Schedule 11 attached to and forming part
of Snow Removal Bylaw No. 1745, 2019
Amendment Bylaw No. 1751, 2020, Amendment No. 1
MUNICIPAL TICKET INFORMATION UTILIZATION BYLAW NO. 1598, 2012
Schedule 11
COLDSTREAM SNOW REMOVAL
BYLAW NO. 1745, 2019
SECTION
FINE
1.
Fail to remove snow from sidewalk within 24 hours of snowfall
4(1)
$150.00
2.
Deposit snow or ice on highway from real property
4(2)
$150.00
3.
Deposit snow or ice between portions of a highway
4(4)
$150.00
DISTRICT OF COLDSTREAM SNOW REMOVAL BYLAW NO. 1745, 2019 (Consolidation)
Page 6
Appendix 10 to Schedule 'A' attached to and forming
part of Snow Removal Bylaw No. 1745, 2019
Amendment Bylaw No. 1751, 2020, Amendment No. 1
BYLAW NOTICE ENFORCEMENT BYLAW NO. 1636, 2013
Appendix 10 to Schedule 'A'
Snow Removal Bylaw No. 1745, 2019
Section
Offence
A1
Penalty
A2
Early
Payment
Penalty
A3
Late
Payment
Penalty
A4
Compliance
Agreement
Available
4(1)
Fail to remove snow from
sidewalk within 24 hours of
snowfall
$100
$50
$150
Yes
4(2)
Deposit snow or ice on
highway from real property
$100
$50
$150
Yes
4(4)
Deposit snow or ice
between portions of a
highway
$100
$50
$150
Yes