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THE CORPORATION OF THE CITY OF FERNIE
Consolidated
Snow and Ice Removal Bylaw
Bylaw No. 1928
Consolidated to Bylaws:
2325, Amendment # 1
All persons making use of this consolidated version of the City of Fernie Bylaw No. 1928 are advised that it has no
legal sanction; that the amendments have been embodied for convenience of reference only and that the original
bylaws must be consulted for all purposes of interpreting and applying the Bylaw. Subsections or sections of the
original bylaw and/or amendments which have been repealed have not been included in this consolidation.
Certified copies of all City Bylaws are available from the City Clerk.
Amended 2017-11-01
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THE CORPORATION OF THE CITY OF FERNIE
BYLAW NO. 1928
A Bylaw to require the removal of snow and ice from sidewalks and footpaths bordering
highways and regulate dumping.
______________________________________________________________________________
WHEREAS it is deemed necessary to implement the snow removal and property maintenance
provisions of Section 530(b) of the Local Government Act, R.S.B.C., 1996, chapter 323;
NOW THEREFORE, the Municipal Council of the Corporation of the City of Fernie, in open
meeting enacts as follows:
1.
This Bylaw may be cited as the "Snow and Ice Removal Bylaw, 2002".
2.
INTERPRETATION
In this Bylaw:
"Boulevard" means the area other than a sidewalk or footpath between the curblines or
the lateral lines of a roadway and the adjacent property lines;
"Business District" means the territory contiguous to any portion of a highway having
length of 600 feet or more, occupied by buildings in use for business, industrial or public
purposes and extending at least 300 feet long the frontage on both sides collectively of
that portion;
"City" means the Corporation of the City of Fernie;
"City Engineer" means the person appointed by the Council as the Engineer and includes
the Director of Operational and Leisure Services, when no City Engineer has been
appointed;
"Council" means the Council for the Corporation of the City of Fernie;
"Footpath" means an area of highway parallel to the roadway used, but not improved, for
pedestrian traffic;
"Highway" includes every highway within the meaning of the Highway Act, R.S.B.C.
1996, C. 188, and every road, street, lane or right-of-way designed or intended for or used
by the general public for passage of vehicles, and every private place of passage-way to
which the public, for the purpose of the parking or servicing of vehicles, has access or is
invited;
"Sidewalk" means an area of a highway parallel to the roadway improved for pedestrian
traffic;
"Traffic" includes ridden, led, herded animals, pedestrians, vehicles, bicycles, and other
conveyances, either singly or together, while using a highway for purpose of travel; and,
"Traffic Control Device" means a sign, signal line, meter, marking, space, barrier, or
device intended to control the movement and parking of traffic.
3.
APPLICATION
3.1
No person shall direct, dump or allow snow to be placed so as to obstruct a traffic
control device.
Visibility
3.2
No person shall direct, dump or allow snow to be placed within 30 feet of any
corner or an intersection so as to obstruct the visibility of any driver of a vehicle
approaching that intersection.
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Snow and Ice
3.3
Subject to Section 3.5 (d) and 3.9, no person shall plow, place or pile snow or ice
onto any highway, footpath, sidewalk or boulevard and no person shall direct
another person to plow, place or pile snow or ice onto highway, footpath,
sidewalk or boulevard.
Hazardous Ice or Snow
4.1
Any person owning or occupying any business premises adjacent to a highway
shall remove from any roof, awning, marquee, projection or cornice of the
premises all ice, icicles or snow which may fall and cause personal injury or
property damage.
Sidewalks
3.5 (a) Every owner of apartment premises and every owner or occupant of business
premises shall clean any snow or ice from the sidewalks and footpaths adjacent to
such premises before 9:00 a.m. each day.
(b) Every owner of a vacant lot in a business district shall clean any snow and ice
from adjacent sidewalks before 9:00 a.m. each day.
(c) Every person owning or occupying a parcel of land which is not occupied by a
single family residence and which is located in a C-1, C-2, C-3 or C-4 zone under
the City zoning regulations shall remove all snow and ice from sidewalks and
footpaths adjacent to such property before 9:00 a.m. each day.
(d) Any snow or ice removed pursuant to this section may be placed at the curb line
on the boulevard of the highway adjacent to the sidewalk or footpath.
City Plowing
3.6
Nothing herein shall prohibit the City from plowing, removing or depositing snow
in a manner specified by the City Engineer as facilitating the efficient removal of
snow.
Sanding and Salting
3.7
Nothing herein shall be construed as prohibiting the application of sand, salt or
any other chemical substance of any street or sidewalk for the purpose of
increasing traffic safety, provided that any chemical substances so used shall not
be of a type detrimental to any cement-concrete, asphaltic, bitimunous-treated or
other stabilized or wooden surface on any highway or sidewalk.
Lanes
3.8 (a) The City shall not plow lanes within the City except in the downtown Commercial
Core, or where a lane provides a primary access to a commercial business in a
C-1, CS-1, C-HWY or C-2 zone.
(b) Where access to off-street parking is provided by means of a lane, the owner of
the property on which the off-street parking is located shall remove snow from the
lane providing access to the off-street parking area by 11:00 A.M. each day.
Snow Deposit
3.9
Snow plowed from access lanes or off-street parking areas shall be placed in a
manner not in violation of subsections 3.1, 3.2 or 3.3 and, on written request to
the City Engineer, may be removed and deposited at a location specified by the
City Engineer.
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Snow Plowing of Private Parking Areas for Short-Term Rentals
3.10
Every licensee of an approved Short-Term Rental pursuant to the Business
Licencing and Regulation Bylaw shall clear any snow or ice from all private parking
spaces required pursuant to their licence within 48 hours of a snowfall commencing.
4. PENALTY
4.1
Every person who violates any of the provisions of this Bylaw or who suffers or
permits any act of thing to be done in contravention of any of the provisions of
this Bylaw, or who neglects to do or refrains from doing anything required to be
done by any of the provisions of this Bylaw, or fails to comply with an order,
notice, or direction given under this Bylaw is guilty of an offence against this
Bylaw and is liable to the penalties hereby imposed. Each day a violation is
permitted to exist, shall constitute a separate offence.
4.2
Every person who commits an offence against this Bylaw is liable to a fine and
penalty of an offence punishable on summary conviction and shall be liable to a
fine of not more than $2,000.00 or to imprisonment for not more than two
months, or to both, the penalties being enforced and the fines and costs being
recoverable upon summary conviction in the manner provided by the Offence Act,
R.S.B.C. 1996, c. 338 as amended.
4.3
Upon failure of an owner or occupier to comply with sections 3.1, 3.2, 3.2 3.4 or
3.5 of this Bylaw within twenty-four (24) hours of written notice to do so, the City
may undertake to alleviate the violation in regards to public safety at the expense
of the owner or occupier in default.
5.
SEVERABILITY
5.1
If any portion of this Bylaw is found to be invalid by a Court of competent
jurisdiction the invalid portion shall be severed without any effect on the
remainder of this Bylaw.
6.
REPEAL
6.1
Bylaw No. 1418, cited as the "Snow and Ice Removal Bylaw" and all amendments
thereto are hereby repealed.
Introduced and read a first time this 12th day of November, 2002.
Read a second and third time this 13th day of January, 2003.
Final passing and adoption this 27th day of January, 2003.
_______________________________
MAYOR
_______________________________
CITY CLERK
I hereby certify the foregoing to be the
original Bylaw No. 1928
Bylaw
2325