Town of Virden Boulevard Maintenance By-Law No. 2655 — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 5d5a5c520dcf · verified 2026-08-28 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

", TOWN OF VIRDEN ## BOULEVARD MAINTENANCE BY-LAW NO. 2655 BEING A BY-LAW OF THE TOWN OF VIRDEN TO REQUIRE MAINTENANCE AND ENCOURAGE BEAUTIFICATION OF BOULEVARDS THE TOWN OF VIRDEN, in Council assembled, enacts as follows: SHORT TITLE This By-law may be cited as the BOULEVARD MAINTENANCE BY-LAW DEFINITIONS In this By-law does not include a sidewalk, median or traffic island; "BOULEVARD", means the portion of a street on either side of a roadway but delegate; "FOREMAN", means the Public Works Foreman for the Town of Virden or "DESIGNATED EMPLOYEE", means the Public Works Foreman for the Town of Virden or employee of the Town of Virden whom the Chief Administrative Officer has authorized to administer or enforce all or part of this By-law; "EXTENDED BOULEVARD", means a boulevard that (a) is at least 20 feet wide; or is intended to accommodate future street development; (b) "LITTER", has the same meaning as in the Litter By-law; "MEDIAN", means a portion of a street in the centre of a roadway that is maintained to improve traffic safety by separating lanes of opposing traffic and is not intended to carry vehicular traffic; "NON-STANDARD TREATMENT", means a modification of the turf planted "PRIVATE APPROACH", means any modification to a boulevard that facilitates vehicular access to the adjacent private property; "STREET", means any place or way, including any structure forming part thereof, which or any part of which the public is ordinarily entitled to use for the passage of vehicles, with or without fee or charge therefore, and includes all the "SHRUB", means a woody plant smaller than a tree and having a very short stem with low branches; "ROADWAY", means the portion of a street that is improved, designed or ordinarily used for vehicular traffic and includes an alley but does not include a bicycle path; "TRAFFIC ISLAND", " means a portion of a street located between lanes of traffic for the control of vehicle movement or pedestrian refuge and is not intended to carry vehicular traffic; "TREE", means any species of woody plant which, at maturity, is usually 5 or mors meter in light, having and al pare sere up porting trunks and infludes the "TURF", means non-ornamental grass or grasses that have been planted; and Subject to the provisions of this section and section 4, the owner and occupant of ## OBLIGATION TO MAINTAIN BOULEVARD of the boulevard that is adjacent to the property and are each guilty of an offence property adjacent to a boulevard are each responsible for maintaining that portion under this By-law for failing to do so. Theobiation imposed in alein gain unes he olegat ontanene that no restrictions on non-standard boulevard treatments set out in subsection 5(2) OF, alternatively, that the boulevard fully complies with a permit issued under section 3(3) The obligation imposed in subsection (1) includes the obligation to centimeters; (a) keep turf and any vegetation that has not been planted pursuant to this Bylaw or the Foreman's authorization trimmed to a maximum length of 15 than 2 feet in height; ensure that vegetation that has been planted, other than turf, is no more control noxious weeds as identified in The Noxious Weeds Act; and maintain the boulevard free of litter. 3(4) The obligation imposed in this section applies whether or not a non-standard boulevard treatment has been applied to the boulevard. The obligation imposed in subsection (1) does not include the responsibility to maintain trees within the boulevard and does not supersede any Policy adopted by the Town respecting the removal of trees from boulevards. EXCEPTIONS The obligation imposed in section 3 and the authorization provided in section 5 do not apply to the following: ditches in which turf has never been planted; boulevards located at the rear of a property; (b) ## (c) extended boulevards. Without restricting the obligation imposed under section 3 and subject to the provisions of this By-law, the owner or occupant of property may apply a nonstandard treatment to that portion of the boulevard that is adjacent to the property. AUTHORIZATION FOR NON-STANDARD BOULEVARD TREATMENTS 5(.) Property must one crites an abelovare of der ound statures to ensure that no underground structures will be disturbed or damaged by the proposed excavation. The owner or occupant of property need not obtain authorization or permission from the Town in applying a non-standard boulevard treatment under subsection (1) if the non-standard boulevard treatment: upon the right of way; does not interfere with the movement of vehicular or pedestrian traffic (a) (b) does not obscure the sightlines of pedestrians or drivers of vehicles; does not obscure or obstruct access to fire hydrants (i) it or anio engine sector of Viden, Maitoba (ii) (iii) post office boxes located in the boulevard; of snow removed from the roadway or sidewalk; does not inhibit or obstruct snow removal operations, including the storage does not include any object weighing more than 10 kilograms; (e) does not include vegetation that is or will be more than 2 feet in height when fully grown; does not include a shrub or shrubs; (g) does not include noxious weeds as defined in The Noxious Weeds Act; (h) does not include a plant that is a fruit or vegetable; (i) the curb; does not include vegetation other than turf located within 1.0 meter from () does not include vegetation other than turf within 0.5 meters from the public sidewalk; (k) (1) does not result in trees planted or removed except to the extent authorized under the tree removal policy of the Town of Virden; (m) does not result in the placement of aggregate materials smaller than 20 millimeters (3/4 inch) or greater than 40 millimeters (1 ½ inches) on the boulevard; (n) does not result in the placement of aggregate to a depth of more than 75 millimeters (3 inches); with the exception of concrete paving stones that are installed flush to grade, does not result in the placement of asphalt or concrete on the boulevard; does not create or widen a private approach or walk for which a permit is required; (p) ( Chose at it rulead a palate at ace love from the die of rainwater and snow melt from flowing from the edge of the strcet into de roadway; and in the absence of an agreement with the owner of neighboring property, does not allow non-standard vegetation to spread beyond that portion of the boulevard that is adjacent to his or her property; Where a non-standard boulevard treatment results in the undermining or failure of the adjacent roadway, the owner of the property adjacent to the boulevard to reasonable costs of replacing the non-standard boulevard treatment with turf. which a non-standard treatment has been applied must pay a fee equal to the PERMIT REQUIRED FOR OTHER NON-STANDARD BOULEVARD TREATMENT AND NON-STANDARD TREATMENT OF MEDIANS AND TRAFFIC ISLANDS 6(1) Except as authorized in section 5, no person may apply a non-standard boulevard treatment without a permit issued by the Foreman. No person may apply a non-standard treatment to a median or traffic island without a permit issued by the Foreman. 6(2) treatment: The Foreman may issue a permit for a non-standard boulevard treatment pursuant to subsections (1) and (2) only if he or she is satisfied that the non-standard will comply with applicable by-laws; will not (b) the right of way; interfere with the movement of vehicular or pedestrian traffic upon (ii) obscure the sightlines of drivers of vehicles or of pedestrians; belonging to the Town of Virden, Manitoba Hydro or Manitoba obscure or obstruct access to fire hydrants or installations (iii) Telephone System; inhibit or obstruct snow removal operations, including the storage of snow removed from the roadway or sidewalk; or (iv) cause damage to the roadway or any installation of the Town; and (V) is otherwise in the public interest. (c) She Fon, including requisi reasonahe property ovor agremit isued an indemnity or a damage deposit to the Town. ITEMS PLACED IN BOULEVARD BECOME TOWN PROPERTY Where a person is authorized by or pursuant to this By-law to apply a nonstandard boulevard treatment to a portion of the boulevard or a non-standard treatment to a median or traffic island, the authorization is granted subject to the vegetation planted on; items placed on and affixed to; and (b) improvements made to; repair them or to compensate the owner or occupant of the property for their loss the boulevard, median or traffic island become the property of tho Towa of Virden and are subject to removal or destruction by the Town, or with the authorization of the Town, without any obligation on the Town to replace or DAMAGE TO BOULEVARDS 8(1) Subject to section 5, in the absence of written authorization issued by the Foreman, no person may turf located in a boulevard; (a) break, dig up, remove, injure, damage or deface trees, shrubs, plants or - (b) subject to subsection (2), deposit or store any substance upon a boulevard. boulevard may deposit soil or well-rotted lawn dressing on a boulevard for up to seven days. 8(2) Notwithstanding clause (1)(c), the owner or occupant of property adjacent to a The Foreman may authorize the activities referred to in this section after taking into account: 8(3) - (a) the possibility of damage to the boulevard as a result of the proposed activity; the safety of the applicant, motorists, pedestrians and others while the activity takes place; (b) (c) other relevant facts: and may impose reasonable conditions on the authorization. CONDUCTION OF BUSINESS ON A BOULEVARD In the absence of a permit issued by the Foreman, no person may use a boulevard 9(1) for business purposes or conduct business on a boulevard. 9(2) The Foreman may issue a permit authorizing a person to use a boulevard for business purposes or conduct business on a boulevard after taking into account: the posibility of damage to the boulevard as a result of the proposed (b) the safety of the applicant, motorists, pedestrians and others while the activity takes place; the impact on other businesses in the area; and other relevant facts; d) and may impose reasonable conditions on the permit. businesses, organizations or groups to plant, prune, protect, nurture or remove MANAGER OF WORKS & UTILITIES MAY ENTER INTO AGREEMENTS The Manager of Works & Utilities may enter into agreements with individuals, DESIGNATED EMPLOYEES POWERS Designated employees may conduct inspections and take steps to administer and en To this Birden By laves and on uncipal Ach and, far iose corposes, wave the powers of a designated employee under the Town of Virden Bv-laws and the ORDERS TO REMEDY NON-COMPLIANCE Any order to remedy a contravention of this By-law must be issued in accordance with the Town of Virden By-laws and the Municipal Act. ADDRESS FOR SERVICE Where an address for service must be determined, it may be done as follows: maintained by the tax collector for the purpose of issuing the tax notice for if the person to be served is the owner of real property, the address that property may be used; if the person to be served is the occupant of real property, the street address for that property may be used; and if the person has applied for written authorization from the Foreman, the address provided in the application may be used. APPEAL FROM ORDER An appeal from an order or decision made pursuant to this By-law that is subject to appeal may be made to the Council of the Town of Virden. DONE AND PASSED by the Council of the Town of Virden, duly assembled this 4'h day of March, A.D. 2008.  Read a first time this 12° day of February, A.D., 2008 Read thie me this ay or March, A.D, 1D, 2008