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City of Maple Ridge
Boulevard Maintenance
Bylaw No. 7666 - 2020
Effective Date: November 10, 2020
City of Maple Ridge
Boulevard Maintenance Bylaw No. 7666 - 2020
Table of Contents
Part 1
Citation ............................................................................................................................ 1
Part 2
Severability ...................................................................................................................... 1
Part 3
Definitions ....................................................................................................................... 1
Part 4
Regulations ..................................................................................................................... 3
Part 5
Prohibitions ..................................................................................................................... 3
Part 6
Offence and Penalty ....................................................................................................... 4
1
City of Maple Ridge
Boulevard Maintenance Bylaw No. 7666 - 2020
A bylaw to Regulate Prohibited Construction and the Maintenance of Boulevards within the
City of Maple Ridge
WHEREAS the Council of the City of Maple Ridge wishes to exercise its authority pursuant to
the Community Charter [SBC] 2003, c.26;
AND WHEREAS the Community Charter authorizes Council by bylaw, to regulate prohibit and
impose requirements in relation to public places;
AND WHEREAS the Council deems it expedient to provide a bylaw respecting the
maintenance of boulevards within the City;
NOW THEREFORE, pursuant to sections 8(3)(b), 16, 17, 39, 62 and 194 of the Community
Charter, the Council of the City of Maple Ridge, in open meeting assembled, ENACTS AS
FOLLOWS:
Part 1
Citation
1.1
This bylaw may be cited as the Boulevard Maintenance Bylaw No. 7666 - 2020.
Part 2
Severability
2.1
If a portion of this bylaw is held invalid by a Court of competent jurisdiction, then the
invalid portion must be severed and the remainder of this bylaw is deemed to have
been adopted without the severed section, subsequent, paragraph, subparagraph,
clause or phrase.
Part 3
Definitions
3.1
In this bylaw:
Boulevard means the area from the edge of pavement or curb of a highway, or where
there is no pavement or curb from the edge of the traveled portion of the highway, to
the property line of an adjoining parcel of land, and includes the space below and
above the surface of the land, but excludes the sidewalk.
City means the City of Maple Ridge.
Highway means every highway within the meaning of the Transportation Act and
amendments thereto; and includes the roadway, shoulder, boulevard, ditch and
sidewalk and whatever lands lie between the boundary lines of the highway.
2
Noxious weeds has the same meaning prescribed in the Weed Control Act, RSBC
1996, c 487, as amended or replaced from time to time.
Officer means a Bylaw Officer, the Director of Bylaws & Licensing Services for the City
or designate, and shall include any members of the Maple Ridge Fire Department
and the Royal Canadian Mounted Police.
Occupier has the same meaning prescribed in the Community Charter, as amended
or replaced from time to time.
Owner, in addition to any other meaning, includes:
(i)
the registered owner of the land, premises or Property;
(ii) the Occupier of the land, premises or Property;
(iii) any Person residing on or in the land, premises or Property;
(iv) the Person entitled to the possession of land, premises or Property if
there is no Person residing on or in the land, premises or Property; and
(v) a leaseholder;
and shall include the agent of any such Person.
Person includes natural persons of either sex, associations, corporations, bodies
politic, co-partnerships, whether acting by themselves or by a servant, agent or
employee, and the heirs, executors, administrators, successors and assigns or other
legal representative of such persons.
Rubbish means decaying or non-decaying solid and semi-solid wastes, including but
not limited to both combustible and non-combustible wastes, such as paper, trash,
refuse, cardboard, waste material, cans, yard clippings, wood, glass, mattresses,
crates, rags, barrels, boxes, lumber, scrap iron, tin and other metal, scrap paving
material, discarded appliances, discarded furniture, dry vegetation, weeds, dead
trees and branches, overgrown vegetation and trees which may harbor insect or
rodent infestations or may become a fire hazard, and piles of earth mixed with any of
the above, or other similar substances or materials.
Sidewalk means every structure designed primarily for pedestrian use including
without limitation any footpath made of concrete, gravel, asphalt, limestone, dirt or
other material, and includes the unpaved edge adjoining any asphalt road surface
where no finished sidewalk exists.
3
Part 4
Boulevard Regulations
4.1
Boulevard Construction:
4.1.1
No Owner of real property adjacent to a Boulevard shall:
(a)
plant any tree, hedge, bush, shrub or any other vegetation
other than grass, on the Boulevard, unless authorized by the
City;
(b)
construct any impervious surface on the Boulevard including,
without limitation, any fence, wall, retaining wall or rockery;
(c)
erect any signage on the Boulevard;
4.2
Boulevard Maintenance:
4.2.1
Every Owner of real property shall maintain in a clean, tidy and well kept
condition every Boulevard that is next to that Owner's real property and
without limiting the generality of the foregoing shall:
(a)
remove accumulations of filth, Rubbish, discarded materials,
hazardous objects and other materials which obstruct a
drainage facility;
(b)
keep grass areas trimmed to a maximum of 30 centimetres in
height, and free of Noxious Weeds;
(c)
keep landscaping trimmed so that driveway and intersection
sight distances are unobstructed; and
(d)
keep landscaping from encroaching over paved roadways or
gravel shoulders.
4.2.2
The requirements of section 4.2.1 do not apply to:
(a)
a Boulevard that has never been improved or landscaped
beyond the pruning or trimming of natural growths of
vegetation by the City in order to maintain intersection sight
lines for traffic;
(b)
a Boulevard along the rear of an Owner's real property, to
which the Owner does not have direct access from the
Owner's rear yard.
Part 5
Prohibitions
5.1
No Person shall dispose of any vegetation cuttings, Rubbish, discarded materials or
any liquid or solid waste on any Boulevard.
4
5.2
Notwithstanding the requirement to maintain landscaping on the Boulevard pursuant
to section 4.2.1, no Person may cut down or prune any tree, shrub, brush or hedge
on any Boulevard without first obtaining written permission of the City.
Part 6
Notices and City Action at Defaulter's Expense
6.1
Officers may issue in writing such notices as may be necessary to notify a Person of a
violation or contravention of this bylaw and may order such Person to comply with
this bylaw within a specified time, to discontinue any work or activity in contravention
of this bylaw, to remove items or things, or refrain from doing such other actions and
things that are in violation or contravention of this bylaw.
6.2
A notice issued under this bylaw may be delivered:
(a) by hand to the person who is the addressee of the notice;
(b) by regular mail to the occupier or registered Owner of the real property to
which the violation or contravention relates; or
(c) by posting it on the real property to which the violation or contravention
relates.
6.3
If a Person to whom a notice has been issued fails to comply with such notice, the
City may do or cause to be done such acts and things as are necessary to fulfill the
requirements of the notice (including entering on the real property, if required) and
may take such other measures as may be necessary to protect the public, all at the
expense of such Person, and recover the costs incurred from that Person as a debt.
6.4
Any costs incurred by the City pursuant to section 6.3 may be collected in the same
manner and with the same remedies as property taxes and if any such costs remain
unpaid by December 31 of the year incurred, are deemed to be taxes in arrears.
Part 7 Inspection
7.1
An Officer may, in accordance with section 16 of the Community Charter, enter on
any property at any reasonable time to ascertain whether the requirements of this
bylaw, or any order issued pursuant to this bylaw, are being observed.
Part 8 Offence and Penalty
8.1
Any Person who violates any of the provisions of this bylaw or who suffers or permits
any act or thing to be done in contravention of or neglects to do or refrains from
doing any act or thing required to be done pursuant to any provision of this bylaw or
any notice issued pursuant hereto, commits an offence and shall be liable to the
penalties hereby imposed and each day that such violation is permitted to exist shall
constitute a separate offence.
5
8.2
Any Person who commits an offence is liable on summary conviction to a fine or to
imprisonment, or to both a fine and imprisonment, not exceeding the maximum
allowed under the Offence Act.
READ a first time the 27th day of October, 2020.
READ a second time the 27th day of October, 2020.
READ a third time the 27th day of October, 2020.
ADOPTED, the 10th day of November, 2020.
PRESIDING MEMBER
CORPORATE OFFICER