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Title
1.
This Bylaw is entitled the "Sidewalk Bylaw of the Town of Truro".
Definitions
2.
In this Bylaw:
(a)
"Abutter" means the owner, lessee, or occupier of any premises, property, or lot
which abuts a Town of Truro sidewalk and includes a condominium corporation
which manages a condominium under the Condominium Property Act.
(b)
"Engineer" means the engineer for the Town of Truro as defined in the Municipal
Government Act and appointed by the Town of Truro and includes any person
acting under his or her supervision.
(c)
"Sidewalk" means either that portion of a Town of Truro street between the curb
line and an adjacent property line or any part of the street especially set aside for
pedestrian traffic.
(d)
"Street" means a Town of Truro street, highway, road, lane, sidewalk,
thoroughfare, bridge, square, and the curbs, culverts and retaining walls in
connection therewith.
(e)
"Roadway" means that portion of a Town of Truro street between the curb lines or
the traveled portion of a street designed for vehicular travel.
(f)
"Crosswalk" means that portion of a roadway clearly marked for pedestrian
crossings and ordinarily located within the prolongation of curbs at intersections.
3.
This Bylaw applies to abutters of sidewalks owned by the Town of Truro respecting
activities and conditions affecting the Town of Truro sidewalks and streets. Sections 4 to
8 of this Bylaw apply only to abutters owning, leasing or occupying nonresidential
properties within the Urban Regional Core as depicted in the future Land Use Urban
Regional Core Map forming a part of the Municipal Planning Strategy for the Town of
Truro.
Town of Truro - Bylaws
Subject:
Sidewalks
Bylaw Number:
B180-006
Approval Date:
December 3, 2007
Departments:
Engineering & Public Works, Planning &
Development
Removal of Ice and Snow from Sidewalks
4.
An abutter shall remove all snow and ice:
(a)
From any sidewalk which abuts any side of their property or lot;
(b)
From any pathway leading from a sidewalk abutting their property to the roadway;
(c)
Between any sidewalk abutting their property and a crosswalk.
5.
The snow and ice removal required by Section 4 of this Bylaw shall be such as to leave an
area entirely cleared of snow and ice consisting of the entire length of the sidewalk,
pathway or area between a sidewalk and a crosswalk and of a width equal to the lesser of:
(a)
One metre; or
(b)
The full width of the sidewalk.
6.
The abutter shall not permit snow or ice to block the sidewalk.
7.
The snow and ice removal required by Section 4 shall be completed:
(a)
Within 4 hours after snow stops falling if the snowfall ceases during daylight and
at least 4 hours before sunset; or
(b)
When a snowfall ceases at any other time, within 4 hours after sunrise the day
following the snowfall.
8.
When walking conditions are slippery due to snow or ice, an abutter shall apply sufficient
sand, salt, or other material to provide good traction for pedestrian traffic:
(a)
On any sidewalk which abuts any side of their property;
(b)
On any pathway leading from the sidewalk abutting their property to the roadway;
and
(c)
Between any sidewalks abutting their property and a crosswalk.
The abutter's obligation under this section applies irrespective of whether the Town of
Truro has plowed, sanded or salted the sidewalks, pathways or areas between the sidewalk
and a crosswalk at any time or times in the past.
9.
An abutter shall forthwith remove any snow, icicles or ice on any structure or roof which
overhangs or abuts a sidewalk and which snow, icicles or ice might reasonably be
expected to fall or slide onto a sidewalk.
10.
When an abutter fails to remove snow, ice or icicles from sidewalks or structures as
required by this Bylaw, the Engineer may give to the abutter an order to remove the snow
and ice either within 24 hours or forthwith upon service of such notice. The amount of
time allowed for the removal of the snow, ice or icicles is within the sole discretion of the
Engineer.
11.
If the remedial work ordered pursuant to Section 10 of the Bylaw is not made within the
time provided for by the order, the Engineer may make or cause to be made such snow,
ice or icicle removals.
12.
The Town of Truro may recover the expense incurred in making snow or ice removals
pursuant to Section 11, together with costs and prejudgment interest by action in any court
of competent jurisdiction and may charge and collect same as a first lien on the abutters
property.
13.
Nothing in this Bylaw creates a duty upon the Town of Truro to inspect or become aware
of hazardous conditions created by snow or ice on, near or overhanging sidewalks. Having
regard to the resources and fiscal priorities of the Town of Truro:
(a)
The Town of Truro need only carry out inspections upon receiving a complaint
about such conditions in respect of a specific location; and
(b)
Such complaints shall be deemed to be remedied upon the removal or remediation
of the hazardous condition that existed at the time of the making of the complaint.
Vegetation in Street Right-of-Way
14.
Abutters shall maintain any grass between the curb and a sidewalk abutting their property
and between the curb and their abutting property (except in areas designated by Council
resolution as exempt from this requirement) by:
(a)
Clipping, cutting or mowing the grass to a height no greater than 8 cm;
(b)
Raking and renewing grass as necessary in order to maintain a neat and tidy
appearance; and
(c)
Collecting and removing litter or waste.
Encroaching Vegetation
15.
Abutters shall trim the branches of trees, hedges, bushes or other shrubbery which
encroaches from the abutting property over a street so as to prevent such tree, hedge, bush
or other shrubbery:
(a)
From interfering with pedestrian traffic on a sidewalk;
(b)
From interfering with or affecting the sight lines of any person on a bicycle or a
motor vehicle traveling on the roadway up to a minimum height of 2.25 metres; or
(c)
From interfering with any structure on or in a street.