Snow Clearing By-Law — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot d6b947562673 · verified 2026-06-05 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## 1.0 Title These regulations shall been known as the "Town of Fortune Snow Clearing By-Law" ## 2.0 Definitions ## In these Regulations: - a) "By- Law' shall mean the Town of Fortune Snow Clearing By-Law. - b) "Council" shall mean the Town Council of the Town of Fortune. - c) "Street" shall mean any street, road, highway or any other way designed or intended for public use for the passage of vehicles and pedestrians, owned by the Authority or other public agency and maintained at public expense and is accessible to Fire Department vehicles and equipment. - d) "Vehicle" means a device in or upon which a person or property can be transportation or drawn upon a highway. - e) "Town" means the Town of Fortune. ## 3.0 Snow Clearing Period - The period between the first (1) day of December in each year and the last day of April in any succeeding year and any other period when unusual snow and/or ice conditions prevail, shall be known as the 'Snow Clearing Period'. - The "Snow Clearing Period" shall include the first day of December and the last day of April. ## 4.0 Parking - a) No person shall park an unattended vehicle on any street, road reservation or municipal parking areas in such a way as to interfere with, hinder or obstruct snow clearing operations.  ## TOWN OF FORTUNE Snow Clearing By- Law ## PUBLISHED BY AUTHORITY Pursuant to the powers conferred by Chapter T-6.2, Section 8 (1) (c) of the Towns and Local Service Districts Act, the Town of Fortune has made the following By-Law.  Rta Prescajo Mayor Rita Piercey - b) No person shall park an unattended vehicle on any street or road reservation within the Municipality: (i) between the hours of 12:00 midnight and 8:00 a.m. during the Snow Clearing Period regardless of weather conditions; or - (ii) during a snow storm; or - (iii) during the twelve (12) hours immediately following a snow storm; or (iv) during such other period as may be declared by Council to enable clean-up after a severe storm or snowfall. - c) Any motor vehicle parked contrary to Regulation 4 (a) or (b) may be towed away by the Council or their representatives, at the owner's risk and expense, to a place selected by the Council or person so authorized ## 5.0 Depositing of Snow - a) No person shall shovel, plow, cause to be shoveled or plowed, any snow and/or ice onto a street or sidewalk within the Town of Fortune. - b) No person engaged in removing snow or ice from a property shall do so in a manner that obstructs traffic on a Town street. - c) No person shall remove snow from a property and place it against or around a fire hydrant. ## 6.0 Liability for Damages - a) The Town will accept liability for damages to fences, hedges, rock walls, lawns etc. that are on private property, provided that: 2. (i) the damage was the result of being struck by equipment being operated by a Town employee. 3. (ii) the damage didn't occur outside the individuals property line and 4. (iii) the damaged property is the required distance from the road and/or curb. ## 7.0 Disclaim of Damages - The Town will not accept responsibility for damages resulting from: - (i) weight of the snow; or - (ii) lawn browning. - b) The Town will not be responsible for damages that occur within its right-of-ways. - c) The Town of Fortune is not responsible for any damage caused within three (3) meters of the front property lines. This includes damage to fences, garbage boxes, trees, etc. - The Town of Fortune is not responsible for damages caused to trees on private property. It is advised that trees are properly marked and protected (i.e. painted pole markers; minimum height of four feet). - e) All claims for damage caused by the Town of Fortune snow clearing operations must be submitted on the "Snow Clearing Damage Claim Form" to the Town Office (claim cannot be accepted verbally.) To be considered by the Town, claims must be submitted before May 15th in the same snow clearing season that the damage occurred. ## 8.0 Penalties Every person who is guilty of an offence under this By-Law or who acts in contravention of or fails to comply with any provision thereof, or neglects or refuses to do so: - (a) Shall be liable to penalties as stipulated in accordance with section 290 of the Towns and Local Service Districts Act; or - (i) Shall be subject to an order under section 285(1) of the Towns and Local Service Districts Act; or - (ii) Shall it be subject to a violation notice issued under section 287 (1) of the Towns and Local Service Districts Acr; or - (iii) A ticket shall be issued under the Provincial Offences Act in accordance with section 288 of the Towns and Local Service Districts Act. ## 9.0 Prosecution Prosecution under this By-Law may be carried out by an Enforcement Officer, Police Constable or by any person authorized by the Council. ## 10. Previous Regulations or By- Laws All previous Town of Fortune Snow Clearing Regulations or By- Laws and amendments are repealed. ## 11. Compliance with Other Acts and By- Laws Nothing in this By-Law serves to exempt any person from obtaining any license, permission, permit, uthority or approval required by any other By- Laws of the Town or any statue or regulation of th rovince of Newfoundland and Labrador, and in such cases where more than one By-Law or statu applies the more restrictive By-Law or statue shall apply. ## 12. Effective Date This By- Law shall come in force on March 4, 2026. | Official By-Law Information | Official By-Law Information | |---------------------------------------------------------------------------------|---------------------------------------------------------------------------------| | Date of Council Approval: | March 4, 2026 | | Resolution Number: | : 2026-03-04-12 | | I certify that the By-Law approved by Council and published as indicated above. | I certify that the By-Law approved by Council and published as indicated above. | | Town Mayor: | Rite a Parian | | Chief Administrative Officer: | Belien | | Date: | MaRch 4, 2026 | In witness whereof the Seal of the Town of Fortune has been affixed hereto and this By-Law has been signed by the Mayor and the Chief Administrative Officer on behalf of Council on this March 4, 2026.   Rita Piercey Rita Piercey Mayor -Caccien. Linda Collier Chief Administrative Officer ## Town of Fortune - Snow Clearing Damage Claim Form Property Owner Name: Telephone #: Mailing Address: ## Property Owner Information Civic Address: Email: ## Property Damaged Address of Property Damaged: Property Damage Description: Date Damaged: **Attach a image of the damage. Signature of Property Owner: Date: Note: Before completing this form, please read the Town's Snow Clearing Damage Claims set forth on the bottom hereof. ## TOWN OFFICIAL'S REPORT ON INVESTIGATION OF DAMAGE: Signature of Employee Position Date - [ ] Approved O - [ ] Not Approved - - [ ] - Forward to Planning & Economic Development Committee ## Snow Clearing Damage Claims Policy 1. The Town shall accept liability for damage to fences, hedges, rock walls, lawns, etc., on private property, provided that: - (a) The damage was the result of being struck by equipment being operated by the Town - (b) The damage did not occur outside the individual's property line - The Town will not accept responsibility for damage resulting from "weights of the snow" or "lawn browning" - The Town will not be responsible for damage occurring within its right-of-ways 4. The Town will not be responsible for claims received after April 15" of each year.