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This is an office consolidation of By-law #33-12 and amendments thereto. For
accurate reference you should consult the original by-laws that are retained by
the Clerk
BY-LAW NUMBER 33-12 (As amended by By-law 56-25 & 66-25
- of -
THE CORPORATION OF THE COUNTY OF
BRANT
To regulate and control operations on County of Brant roads
WHEREAS, Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, ("the
Municipal Act, 2001") provides that the powers of a municipality under this or any other
Act shall be interpreted broadly so as to confer broad authority on the
municipality to enable the municipality to govern its affairs as it considers
appropriate and to enhance the municipality's ability to respond to municipal
issues;
AND WHEREAS, Section 9 of the Municipal Act, 2001, provides that a
municipality has the capacity, rights, powers and privileges of a natural person
for the purpose of exercising its authority under the Act;
AND WHEREAS, Section 10 of the Municipal Act, 2001, provides that a single-
tier municipality may provide any service or thing that the municipality considers
necessary or desirable for the public, inter alia highways;
AND WHEREAS the Council of the Corporation of the County of Brant deems it
necessary and expedient to control the use of municipal highways;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE COUNTY OF BRANT
HEREBY ENACTS as follows.
Part 1
GENERAL
1.1
Short Title
This by-law may be cited as the Road Use By-law.
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1.2
Wording
In this by-law the word "shall" is mandatory and not discretionary; words in the plural
include the singular; words used in the present tense include the future.
1.3
Scope
The provisions of this by-law shall apply to any common or public highway under the
jurisdiction of the Corporation of the County of Brant.
1.4
Validity
If a court of competent jurisdiction declares a part or the whole of any provision of this
by-law to be invalid or of no force and effect, the provision or part is deemed severable
from this by-Law and the remainder shall survive and be applied and enforced in
accordance with its terms to the extent possible under the law.
1.5
Application
Nothing in this by-law shall be so construed as to permit anything which by the provision
of any other applicable act or regulation is prohibited.
Where any conflict exists between this and any other by-law, act or regulation the more
restrictive regulation or provision shall apply.
1.6
Liability -Requirements - County Indemnified
All authority conferred under this by-law is subject to the condition that each person who
exercises a right to use a highway in the manner provided is liable to any person who
consequently suffers injury or loss and shall indemnify The Corporation of the County of
Brant from all such claims and actions.
1.7
Exemption
The provisions of this by-law shall not apply to road works directly provided by the
County under the direction of the General Manager of Public Works.
1.7.1
Relief from certain provisions of this By-law may be granted for a film project
carried on in accordance with an approved and valid Film Permit or Film
Location Agreement issued under the County of Brant Film Policy.
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1.8
Administration and Enforcement
The General Manager of Public Works is hereby authorized to administer the provisions
of this by-law.
1.9
Requirement to Restore Highway
Any person who contravenes or permits the contravention of any regulation or prohibition
of this by-law and by said action alters the condition of the highway, is required to restore
the highway to its original state or condition and to the satisfaction of the General
Manager of Public Works.
Part 2
DEFINITIONS
2.1
Definitions
In this by-law:
"Boulevard" means that portion of the highway lying between the property line and the
edge of the roadway;
"Council" means the Council of the Corporation of the County of Brant;
"County" means the Corporation of the County of Brant:
"General Manager of Public Works" shall mean the person appointed by the Council to
the position of General Manager of Public Works and any employee of the County who
acts at the direction of the General Manager of Public Works; including an agent of the
County acting under the direction of the General Manager of Public Works;
"Highway" shall mean a common and public highway, under the jurisdiction of the
County as defined in sections 28 and 29 of the Municipal Act, 2001, S.O. 2001 c 25.,
more particularly defined in section 26 of the Municipal Act, 2001, S.O. 2001 c 25., and
includes but is not limited to any sidewalk, boulevard, roadway, road works, bridge,
trestle, viaduct or other structure forming part of the highway, and, except as otherwise
provided, includes any portion of a highway lying between the lateral property lines;
"Municipal Act" shall mean the Municipal Act, 2001, S.O. 2001, and all future
amendments of the Municipal Act, 2001, S.O. 2001;
"Municipal Law Enforcement Officer" means a Municipal Law Enforcement Officer
appointed by the Council of the Corporation of the County of Brant;
"Occupant" means any person found in charge, care and control of the premises;
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"Organic Debris" means organic material including leaves, branches, twigs, grass
clippings and the like items.
"Owner" shall mean: the person whose name appears as the registered owner of the
property according to Registry Office records;
"Person" shall include an individual, an association, a chartered organization, a firm a
partnership or a corporation;
"Property line" shall mean the boundary between the highway and the abutting land;
"Roadway" shall mean the portion of a highway which is improved for the travel of
motor vehicles;
"Road works" shall mean the physical improvements which have been made to a
highway including, but not limited to, pavement, curbs, signs, gutters, trees, culverts,
treated and graded surfaces, walls, sidewalks, utility apparatus, ditches and swales;
"Sidewalk" shall mean any municipal walkway or road works for the accommodation of
pedestrians on that portion of a highway between the property line and the edge of the
roadway.
Part 3
MUNICIPAL AUTHORITY RE MAINTENANCE AND
ENFORCEMENT
3.1
Highway Name Signs
Pursuant to S. 61 of the Municipal Act, 2001, S.O. 2001, c.25, the General Manager
of Public Works may at any reasonable time enter upon land lying along a highway to
install and maintain a sign setting out the name of a highway.
3.2
Private Roads
Pursuant to S. 61 of the Municipal Act, 2001, S.O. 2001, c.25, the General Manager of
Public Works may, at any reasonable time, enter upon land lying along a private road
to install and maintain a sign setting out the name of the road if the County has passed
a By-law under section 48 of the Municipal Act to name or change the name of the
private road.
3.3
Entry on Land, Tree Trimming
Pursuant to section 62.(1) of the Municipal Act, 2001, S.O. 2001, c.25, the General
Manager of Public Works may, at any reasonable time, enter upon land lying along any
highway,
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3.3.1 to inspect trees and conduct tests on trees; and
3.3.2 to remove decayed, damaged or dangerous trees or branches of trees if,
in the opinion of the General Manager of Public Works, the trees or
branches pose a danger to the health or safety of any person using the
highway.
3.4
Removal of Tree - Immediate Danger
The General Manager of Public Works may remove a decayed, damaged or dangerous
tree or branch of a tree immediately and without notice to the owner of the land upon
which the tree is located if, in the opinion of the employee or agent, the tree or branch
poses an immediate danger to the health or safety of any person using the highway.
Part 4
PROHIBITED MATTERS
4.1
Highway - Obstructing - Encumbering - Injuring - Fouling
No person shall, either by himself or by permitting others, without lawful authority,
obstruct, encumber, injure, or foul or cause or permit the obstruction, encumbering,
injuring or fouling of any highway.
4.2
Requirement to Comply with Conditions of Lawful Authority
No person, either by himself or by permitting others, shall fail to comply with the
conditions of any lawful authority, to injure, obstruct, encumber, or foul a highway.
4.3
Excavation - Upon Highway - Prohibited
No person shall, without lawful authority, make any excavation upon a highway.
4.4
Structure - On - Over - Under Highway
No person shall, either by himself or by permitting others, without lawful authority, place,
construct, or maintain any object or structure upon, under or over a highway.
4.5
Dirt - Gravel - Other Materials - Dumping - On Highway
No person shall, either by himself or by permitting others, without lawful authority,
deposit any dirt, gravel, water, or other material upon a highway.
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4.6
Plants - Earth - Material - Removal - From Highway
No person shall, either by himself or by permitting others, without lawful authority,
remove any plant, earth or material from a highway.
4.7
Trees - Shrubs - Vegetation - Planting On Highway
No person shall, either by himself or by permitting others, without lawful authority, plant
any tree, shrub or vegetation on a highway. Despite the foregoing, the planting of grass
on a boulevard is permitted.
4.8
Public Nuisance - Upon Highway
No person shall, either by himself or by permitting others without lawful authority, cause
a public nuisance in or upon a highway, by fire, water, vapour, noise or any means
whatsoever.
4.9
Gate - Door - Opening - Over Highway
No person shall, either by himself or by permitting others, without lawful authority,
construct or maintain a gate or door, which opens or swings over a highway.
4.10 Overhanging - Over Highway
No person shall, either by himself or by permitting others, without lawful authority
construct or maintain anything which projects into or overhangs a highway.
4.11
Public Travel - Use - Interference
No person shall, either by himself or by permitting others, without lawful authority,
conduct any activity, which interferes with public travel or use of a highway.
4.12 Sale - On Highway - On Vacant Land Adjacent to
No person shall, either by himself or by permitting others, without lawful authority, sell,
display or offer for sale any goods upon a highway.
4.13 Crane - Other - Operation - Above Highway
No person shall, either by himself or by permitting others, without lawful authority,
operate a crane, boom or other equipment above a highway.
4.14 Snow - Ice - Deposit - On Road - Sidewalk - Prohibited
No person shall deposit, or cause to be deposited, snow or ice upon a sidewalk or the
roadway.
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4.15 Snow - Ice - Removal - To Boulevard - Prohibited
No person shall move, or cause to be moved, snow or ice from privately-owned lands to
a boulevard.
4.16 Altering of Boulevard
No person shall either by himself or by permitting other, without lawful authority, alter
any boulevard.
4.17 Requirements - Prevent - Mud Tracking
No person shall permit waste, soil or other materials to be spilled or tracked onto a
highway.
The General Manager of Public Works may require that the owner or occupant of land
take all necessary steps to prevent waste, soil, or other materials from being spilled or
tracked onto the public highways from abutting land, and may require the owner or
occupant of the land which is the source of the waste, soil or other materials, to remove
any waste, soil or other materials from the highway.
4.18 Vehicles - Crossing - Sidewalks
Where any person undertakes or causes to be undertaken any crossing of curbing,
sidewalk, or boulevard by vehicles delivering or removing materials from abutting land,
the owner or occupier of said abutting land can be held liable for the cost of repairing
any damage to the highway, sidewalk, curbing, boulevard, ditches or culverts, or to any
water service box caused by the crossing thereof of such vehicles, or for the cost of
removing any material, waste, or soil which is tracked or spilled onto the highway by
said vehicles.
4.19 Boulevard Maintenance
No Owner or Occupant shall, without lawful authority, fail to maintain the boulevard
grass and vegetation (excluding municipal trees) adjacent to all property lines (in front
of, alongside or at the rear of the property) to a height of 20 cm or less.
4.20 For greater certainty, subsection 4.19 does not apply to boulevards adjacent to
agricultural, agricultural employment and resource extraction zones as depicted in
Schedule "A" of the County of Brant Zoning By-law # 61-16 as amended or any
successor thereto.
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4.21 Removal of Accumulation of Organic Debris
No Owner or Occupant shall fail to remove any accumulation of Organic Debris from the
sidewalk adjacent to their property (in front of, alongside of at the rear) that may
interfere with pedestrian travel and/or creates a potential hazard.
Part 5
REMOVAL OF OBSTRUCTIONS
5.1
Projections - Over Highway - Unlawful - Removal By Owner
Any structure or thing which projects into or over a highway without lawful authority shall
be removed by the owner of the land in connection with which it exists.
5.2
Fence - Structure - Obstructing Travel - Removal
Any fence, barricade or other thing on or near a highway without lawful authority, which
obstructs a highway or interferes with a sight line or safe public travel on it, shall be
removed by the person by whom the same has been built, maintained, placed or
deposited.
5.3
Application To Court - Removal Of Obstructions Adjacent To Highway
Pursuant to section 62.1 of the Municipal Act, 2001, S.O. 2001, c.25, the General
Manager of Public Works may apply to a judge of the Superior Court of Justice for an
order requiring the owner of land lying along a highway to remove or alter any
vegetation, building or object on the land that may obstruct the vision of pedestrians or
drivers of vehicles on the highway, cause the drifting or accumulation of snow or harm
the highway if the municipality is unable to enter into an agreement with the owner of
the land to alter or remove the vegetation, building or object from the land.
5.4
Impounding Of Objects On Highway
Pursuant to section 63 of the Municipal Act, 2001, S.O. 2001, c.25, any object on a
highway in contravention of this By-law may be removed, impounded, restrained or
immobilized and subsection 170 (15) of the Highway Traffic Act applies, and the County
may, at any reasonable time, enter upon land near a highway for this purpose.
Pursuant to subsection 63(4) of the Municipal Act, 2001, S.O. 2001, c.25, if the removed
object or vehicle, other than a motor vehicle, is used to sell anything on or near a
highway and the object or vehicle is not claimed by the owner within 60 days after its
removal, it becomes the property of the municipality and may be sold and the proceeds
shall form part of the general funds of the municipality.
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5.5
Impounding Perishable Items
Pursuant to section 63 (5) of the Municipal Act, 2001, S.O. 2001, c.25, any perishable
object or vehicle removed from the highway is the property of the municipality upon
being moved from the highway and may be destroyed or given to a charitable
institution, except a perishable object that comes into the possession of a police force in
the circumstances described in section 132 of the Police Services Act.
Part 6
PERMITTED ACTIVITIES
6.1
Grass Area - Abutting Highway - Planting - Maintenance
Pursuant to subsection 4.19, an owner or occupant of land abutting a highway shall, at
their own expense, maintain any adjacent boulevard.
6.2
Obstructions - Permitted - B.I.A Areas - Downtown Areas
It shall be lawful for display of merchandise in the areas listed in Schedule A provided
the display complies with the conditions contained in Schedule A.
6.3
Lawful - Signs
It shall be lawful for a person to affix, alter, or otherwise display a sign if permitted by
and displayed in accordance to the provisions set in County By-laws regulating signs.
6.4
Highway Use - Authorized - Statute - By-law - Agreement
It shall be lawful for use to be made of a highway pursuant to permission granted under
a statute, by the Council under a By-law, resolution or agreement, or as may be
authorized in writing by the General Manager of Public Works, or under the authority of
a County permit.
Part 7
TEMPORARY CLOSING - HIGHWAY
7.1
Authorized Temporary Closing of a Highway
For the purposes of this By-law, the temporary closing of a highway includes:
7.1.1 The temporary closing of any highway or portion of a highway for any
period during the construction, repairing, improvement or maintenance of
such highway or portion thereof or any works under, over, along, across
or upon such highway or portion thereof;
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7.1.2 The temporary closing of any highway or portion of a highway for such
social, recreational, community, athletic or cinematographic purposes, or
combination of such purposes, subject to such conditions as may be
imposed;
7.1.3 The temporary closing of any highway or portion of a highway for any
period due to emergency situations arising from inclement weather, motor
vehicle accidents, fire, or other situations when a police order is issued to
close the highway or portion thereof.
7.2
Highway Closing - Authority
Pursuant to Section 23.2 of the Municipal Act, 2001, S.O. 2001, c. 25, Council hereby
delegates to the General Manager of Public Works, the authority to close a highway or
portion of a highway for such purposes as cited in 7.1.1, 7.1.2 and 7.1.3 of this By-law,
for such a period of time as is deemed appropriate and subject to such conditions as
deemed appropriate.
7.3
Indemnification - Public Liability Insurance
The General Manager of Public Works shall not temporarily close a highway until the
group, organization, association, individual or corporation requesting the said closing
has signed an agreement indemnifying the County, and has provided a certificate of
public liability insurance coverage, with a minimum liability limit amount of two million
dollars ($2,000,000.00) per occurrence, naming the County as an additional insured and
endorsed to provide 30 day notification to the County of any alteration, revocation,
cancellation or reduction in the coverage.
Part 8
ENFORCEMENT
8.1
Enforcement
County Municipal Law Enforcement Officers and police officers of the Brant County
detachment of the Ontario Provincial Police are hereby authorized to enforce the
provisions of this By-law.
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8.2
Power of Entry re Inspection
Pursuant to section 435 and 436 of the Municipal Act, 2001, any employee, officer or
agent of the County or member of the police force of the County may, without notice and
upon producing proper identification upon request, enter on land at any reasonable time
for the purpose of carrying out an inspection to determine whether this By-law, a
direction or order of the County made under this By-law, a condition of a permit issued
under this By-law, or an order made under section 431 of the Municipal Act is being
complied with. The person exercising the power may be accompanied by a person under
his of her direction.
8.3
Inspection Powers
Any employee, officer or agent of the County or member of the police force of the
County, carrying out an inspection pursuant to section 8.2 may:
8.3.1 require the production for inspection of documents or things relevant to the
inspection;
8.3.2 inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
8.3.3 require information from any person concerning a matter related to the
inspection;
8.3.4 alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purpose of the inspection.
8.4
Order to Discontinue
Pursuant to section 444 of the Municipal Act, 2001, where the County is satisfied that a
contravention of this By-law has occurred, the County may make an order requiring the
person who contravened the By-law or who caused or permitted the contravention, or the
owner or occupant of the land on which the contravention occurred to discontinue the
contravening activity.
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The order shall set out
8.4.1 the reasonable particulars of the contravention adequate to identify the
contravention and the location of the land upon which the contravention
occurred; and
8.4.2 the date by which there must be compliance with the order.
8.5
Offence - Contravene Order to Discontinue
No person shall contravene an order to discontinue issued pursuant to section 8.4.
8.6
Work Order
Pursuant to section 445 of the Municipal Act, 2001, where the County is satisfied that a
contravention of this By-law has occurred, the County may make an order requiring the
person who contravened the By-law or who caused or permitted the contravention, or the
owner or occupant of the land on which the contravention occurred to do work to correct
the contravention.
An order may require work to be done even though the facts which constitute the
contravention of the By-law were present before this By-law came into force.
The order shall set out
8.6.1 the reasonable particulars of the contravention adequate to identify the
contravention and the location of the land upon which the contravention
occurred; and
8.6.2 the work to be done and the date by which the work must be done.
8.7
Offence - Contravention Work Order
No person shall contravene a work order issued pursuant to section 8.6.
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8.8
Remedial Action
Pursuant to Section 446 of the Municipal Act, 2001, S.O. 2001, C. 25., upon the
default of any person to do anything required to be done by that person under this By-
law, an employee or agent of the County who may be accompanied by any person
under his or her direction, may enter upon land at any reasonable time and may do the
work or thing required to be done, at the expense of the said person, and the County
may recover the expense by action or by adding the costs to the tax roll and collecting
in same manner as property taxes.
8.9
Offence - Obstructing Officer or Inspector
No person shall hinder or obstruct, or attempt to hinder or obstruct any person who is
exercising a power or performing a duty under this By-law.
Part 9
PENALTY
9.1
Fine for Contravention
Every person who contravenes any provision of this By-law and every director or
officer of a corporation who knowingly concurs in the contravention of a By-law by the
corporation is guilty of an offence and upon conviction is subject to a fine of not more
than $100,000.00.
9.2
Continuation - Repetition Contravention
Notwithstanding section 9.1, every person that contravenes any provision of this By-
law and every director or officer of a corporation who knowingly concurs in the
contravention of this By-law by the corporation is guilty of an offence for every day or
part thereof upon which such offence occurs or continues and upon conviction is liable
to a fine of not more than $10,000.00 for each day the offence continues.
9.3
Additional Order To Discontinue Or Remedy
Every person that contravenes any provision of this By-law and every director or
officer of a corporation who knowingly concurs in the contravention of this By-law by
the corporation is guilty of an offence and in addition to any other remedy and to any
penalty imposed by the By-law, the court in which the conviction has been entered
and any court of competent jurisdiction thereafter may make an order, prohibiting the
continuation or repetition of the offence by the person convicted.
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Part 10
REPEAL - ENACTMENT
10.1 By-laws - previous
By-law Numbers 257-03, 258-03, 259-03, 260-03, 261-03, 262-03 and 263-03 of the
County, and all other by-laws and parts of by-laws that are inconsistent with
the provisions of this by-law are hereby repealed.
10.2 Effective date
This By-law comes into force and takes effect on the day of passage.
READ a first and second time, this 21st day of February, 2012.
READ a third time and finally passed in Council, this 21st day of February, 2012.
THE CORPORATION OF THE COUNTY OF
BRANT
Mayor
Clerk
By-law Number 33-12
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Schedule A
REQUIREMENTS FOR DISPLAY OF MERCHANDISE ON A HIGHWAY
Permitted Areas
1. Paris Business Improvement Area - boundaries per By-law 46-04
2. St. George Downtown Area - Main Street North and Main Street South,
from Church Avenue to South Street
3. Burford Downtown Area - King Street, from Alexander Street to Park
Avenue
4. Scotland Downtown Area - Simcoe Street, from Isaac Street to Church
Street East
Mandatory Requirements Regarding Display of Merchandise on a Highway
1. The display does not obstruct the boulevard in such a manner as to leave a width
of less than 1.5 metres available for pedestrian use.
2. The merchandise displayed must be merchandise that is available for sale at the
business adjacent to the display, be restricted to the boulevard fronting the
business selling the merchandise displayed, and does not include the placement
of vending machines.
3. Any display on the boulevard is not located in such a manner as to obstruct
access to the sidewalk from any delineated parking space.
4. The display is designed to withstand reasonable loading conditions.
5. The business owner has filed with the County proof of liability insurance in the
amount of $2,000,000.00, naming the County as an additional insured and shall
indemnify, save and hold harmless the municipality in respect to any and all
occurrence with respect to the display of merchandise on municipal property.