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THE CORPORATION OF THE MUNICIPALITY OF CHATHAM-KENT
BY-LAW NUMBER 178-2019
A BY-LAW TO PROVIDE FOR WINTER AND HIGHWAY MAINTENANCE
WHEREAS section 10 of the Municipal Act, 2001, S.O. 2001, c. 25 provides that a single-tier municipality
may provide any service or thing that the municipality considers necessary or desirable for the public;
AND WHEREAS it has been determined by the Corporation that it is desirable to enact this By-law for the
purpose of providing winter and Highway maintenance services;
AND WHEREAS it is necessary for Council to develop and evaluate winter and Highway maintenance
policies that are effective and efficient in light of the facts that:
(a)
The Municipality of Chatham-Kent is a municipality with the largest geographical territory in
southwestern Ontario;
(b)
The Municipality of Chatham-Kent is a rural municipality with several low-population centres;
(c)
The Municipality of Chatham-Kent has an expansive network of low-volume Roadway and
Sidewalk infrastructure that together connect these population centres;
AND WHEREAS the Province of Ontario has passed the Minimum Maintenance Standards for Municipal
Highways which deals with maintenance of Highways and Sidewalks, among other things;
AND WHEREAS it is intended by Council that this by-law and the level of service herein is a necessary
policy decision dictated by financial, economic, social, and political factors, and other constraints;
AND WHEREAS section 447.8 of the Municipal Act, 2001, S.O. 2001, c. 25 provides that a by-law of a
municipality or a local board of a municipality may,
(a)
Adopt by reference, in whole or in part, with such changes as the council or board
considers appropriate, any code, standard, procedure or regulation as it stands at a
specific date, as it stands at the time of adoption or as amended from time to time, and
(b)
Require compliance with any code, standard, procedure or regulation so adopted;
AND WHEREAS section 23.2 of the Municipal Act, 2001, S.O. 2001, c. 25 provides that a delegation of the
power to close a Highway temporarily is of a minor nature and may be done in respect of an employee of
the Corporation of the Municipality of Chatham-Kent;
AND WHEREAS the Corporation has appointed the Director of Public Works and his or her delegates to
administer and enforce this By-law;
AND WHEREAS section 429 of the Municipal Act, 2001, S.O. 2001, c. 25 provides that the Corporation may
establish a system of fines for offences under a By-law of the Corporation;
AND WHEREAS the Corporation has established a system of fines for offences under this By-law.
NOW THEREFORE the Council of the Corporation of the Municipality of Chatham-Kent enacts as follows:
ARTICLE 1
DEFINITIONS
For the purposes of this By-law:
1.1.
"Bicycle Lane" means,
(a)
A portion of a Roadway that has been designated by pavement markings or
signage for the preferential or exclusive use of cyclists; or,
(b)
A portion of a Roadway that has been designated for the exclusive use of cyclists
by signage and a physical or marked buffer.
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1.2.
"Corporation" means the Corporation of the Municipality of Chatham-Kent;
1.3
"Downtown Business Areas" means those areas outlined on the maps attached hereto as
Schedule A;
1.4.
"Encroachment" means anything that is accumulated, formed, placed, installed,
constructed or planted within the Highway that was not accumulated, formed, placed,
installed, constructed or planted by the Corporation. For greater certainty, the
accumulation of snow or the formation of ice does not constitute an Encroachment;
1.5.
"Director of Public Works", "Manager of Public Works" and "Supervisors of Public Works"
means those officials of the Corporation holding positions with those titles;
1.6.
"Highway" includes a common and public Highway, street, avenue, parkway, driveway,
square, place, bridge viaduct or trestle, any part of which is intended for or used by the
general public for the passage of vehicles and includes the area between the lateral
property lines thereof;
1.7.
"Occupant", when used in relation to property, means:
(a)
The tenant of the property or part thereof whose consent shall extend only to
control the land of which he or she is tenant and any parking spaces allotted to
him or her under a lease or tenancy agreement;
(b)
The spouse of a tenant; or
(c)
Any person who is in physical possession of a property or has control of the
property.
1.8.
"Owner" when used in relation to property means
(a)
The registered Owner of the property;
(b)
The registered Owner of a condominium unit, whose consent shall extend only to
the control of the unit of which is he or she is an Owner and any parking spaces
allotted to him by the condominium Corporation or reserved for his exclusive use
in the declaration of the property;
(c)
The spouse of an Owner;
(d)
Where the property is included in a description registered under the
Condominium Act, 1998, S.O. 1998, c. 19, as amended, the board of directors of
the condominium Corporation; or
(e)
A person authorized in writing by the Owner to act on the Owner's behalf;
1.9.
"Roadway" means the part of the Highway that is improved, designed or ordinarily used
for vehicular traffic, but does not include the shoulder, and, where a Highway includes
two or more separate Roadways, the term "Roadway" refers to any one Roadway
separately and not to all of the Roadways collectively;
1.10.
"Sidewalk" means the part of the Highway specifically set aside or commonly understood
to be for pedestrian use, typically consisting of a paved surface but does not include
crosswalks, medians, boulevards, shoulders or any part of the Sidewalk where cleared
snow or ice has been deposited;
1.11
"Treat" or "Treating" a Sidewalk means applying materials including salt, sand or any
combination of salt and sand to the Sidewalk;
1.12.
"Unreasonably Dangerous Condition" includes the accumulation of snow, the formation
of ice on all or part of a Highway, high wind conditions or other conditions that could
cause harm to a motorist or a pedestrian and that is not practicable for the Corporation
to Treat according to applicable maintenance service levels.
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ARTICLE 2
SNOW AND ICE REMOVAL FROM SIDEWALKS
Levels of Service- Downtown Business Area
2.1
The Corporation adopts the following winter maintenance service levels as its Sidewalk
winter maintenance standard in respect of all Sidewalks located in the Municipality:
(a)
Downtown Business Areas will be plowed to reasonably remove snow and
Treated for ice accumulation by the Corporation to the following levels:
(i) The Corporation shall reduce the snow to a depth of less than or equal to 7.5
centimeters within 24 hours after the snow accumulation has ended;
(ii) The Corporation shall provide a minimum Sidewalk width of 1 metre;
(iii) The Corporation shall monitor the weather in accordance with the Minimum
Maintenance Standards for Municipal Highways, O. Reg. 239/02 in the 24-hour
period preceding an alleged formation of ice on a Sidewalk and Treat the Sidewalk
if practicable to prevent ice formation or improve traction within 48 hours if the
Corporation determines that there is a substantial probability of ice forming on a
Sidewalk, starting from the time that the Director of Public Works determines is
the appropriate time to deploy resources for that purpose; and
(iv) Treat icy Sidewalks within 24 hours after the Corporation becomes aware of
the fact that a Sidewalk is icy.
Level of Service- All Other Areas
2.2 (a) For all areas other than Downtown Business Areas:
(i) The Corporation shall reduce the snow to a depth of less than or equal to 8
centimeters within 48 hours after the snow accumulation has ended;
(ii) The Corporation shall provide a minimum Sidewalk width of 1 metre;
(iii) The Corporation shall monitor the weather in accordance with the Minimum
Maintenance Standards for Municipal Highways, O. Reg. 239/02 in the 24-hour
period preceding an alleged formation of ice on a Sidewalk and provide public
notice to Owner and Occupants if the Corporation determines that there is a
substantial probability of ice forming on a Sidewalk, starting from the time that
the Director of Public Works determines is the appropriate time to deploy
resources for that purpose. Such public notice will be provided by posting on the
Corporation's website, posting on social media, and providing a media release;
(iv) The Corporation shall not Treat Sidewalks in areas other than the Downtown
Business Areas.
(b)
Every Owner or Occupant, other than those within Downtown Business Areas,
shall:
(i) Treat any Sidewalk abutting his or her buildings or lands on all sides within
twenty four (24) hours following notice being released by the Corporation that
there is a substantial probability of ice forming on a Sidewalk; and
(ii) Treat Sidewalks that are icy within twenty four (24) hour hours of the ice
formation.
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ARTICLE 3
SNOW AND ICE REMOVAL FROM ROADWAYS
Levels of Service
3.1.
Except as otherwise laid out in this By-law, the Corporation adopts the Winter
Maintenance service levels from the Minimum Maintenance Standards for Municipal
Highways, O. Reg. 239/02 in respect of all Highways located in the Municipality of
Chatham-Kent.
3.2
Due to the large number of low volume Highways and gravel Highways within the
Municipality of Chatham-Kent, the Corporation adopts the following standard for
Treatment of Roadways for ice formation. Only the Highways shown in Schedule "B" to
this By-law will be treated, if practicable, where there is a substantial probability of ice
forming on a Roadway.
ARTICLE 4
ENCROACHMENTS
Distinguishing Encroachments
4.1
For the purpose of this Bylaw, Council has determined that the Encroachments listed in
Schedule C to this Bylaw are highly unusual and/or constitute a significant hazard to
pedestrians. Council has further determined that the Encroachments listed in Schedule D
to this Bylaw, are not highly unusual and/or do not constitute a significant hazard to
pedestrians. Notwithstanding a determination by Council that an Encroachment is not
highly unusual and does not constitute a significant hazard, Owners and Occupants are
not permitted to encroach upon Corporation property without express permission from
the Corporation.
Owner and Occupant Responsibilities
4.2.
No Owner or Occupant shall install, and every Owner or Occupant shall immediately
remove, any Encroachments listed in Schedule C or D installed within 45 centimetres of a
Sidewalk abutting their property.
4.3.
No Owner or Occupant shall obstruct or encumber any Highway or Sidewalk by depositing
or permitting to be deposited snow or ice on that Sidewalk.
ARTICLE 5
BICYCLE LANES
Levels of Service
5.1.
The Corporation adopts the Winter Maintenance service levels from the Minimum
Maintenance Standards for Municipal Highways, O. Reg. 239/02 in respect of all Bicycle
Lanes located in the Municipality of Chatham-Kent.
ARTICLE 6
HIGHWAY CLOSURE
6.1.
The General Manager of Infrastructure and Engineering Services, Director of Public
Works, Managers of Public Works, and/or Supervisors of Public Works, and other
positions delegated authority to close roads under other Bylaws of the Corporation or
applicable legislation, may temporarily close any all or part of the Highway if it is
determined that an Unreasonably Dangerous Condition exists on that Highway.
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6.2.
Every motorist or pedestrian who uses all or part of the closed Highway does so at his or
her own risk.
ARTICLE 7
WEATHER EVENTS
7.1.
For the purposes of the Minimum Maintenance Standards for Municipal Highways, O.
Reg. 239/02, the General Manager of Infrastructure and Engineering Services, Director of
Public Works, and/or Managers of Public Works may declare the beginning of a significant
weather event when it is determined that Environment Canada has issued a public
weather alert in respect of one or more significant weather events.
7.2
Those persons described in 7.1, or any one of them, shall determine whether it is practical
and appropriate to deploy resources during a significant weather event.
7.3.
Those persons described in 7.1, or any one of them, shall declare the ending of a
significant weather event when it is determined that it is appropriate to do so.
7.4.
Those persons, or any one of them, shall provide the public with notice of the declaration
of the beginning and ending of a significant weather event by
(a)
By posting a notice on the Corporation's website;
(b)
By making an announcement on a social media platform, such as Facebook or
Twitter;
(c)
By sending a press release or similar communication to internet, newspaper,
radio or television media; or
(d)
By notification to the Chatham-Kent Police Service.
ARTICLE 8
OFFENCES
8.1.
Every person who contravenes any provision of this By-law is guilty of an offence and
upon conviction is liable to a set fine for those contraventions listed in Schedule "E" to
this Bylaw, or otherwise to a minimum fine of not less than $50 and a maximum fine of
not more than $50,000.
8.2.
In the case of a continuing offence by any person, for each day or part of a day that the
offence continues, such person on conviction is liable to a fine not less than $50 and not
more than $5,000. The total of all daily fines for the offence is not limited to $100,000.
8.3.
In the case of a multiple offence, a person found guilty of contraventions of this By-law is
liable upon conviction, for each offence included in the multiple offence, to a fine of not
less than $50 and not more than $10,000. The total of all daily fines for the offence is not
limited to $100,000.
ARTICLE 9
ADMINISTRATION AND ENFORCEMENT
9.1.
This By-law applies to the entire Municipality of Chatham-Kent.
9.2.
The Director of Public Works or his or her delegates and bylaw enforcement officers of
the Corporation are hereby authorized to carry out inspections in relation to this By-law
and are delegated such powers as are within the jurisdiction of the Corporation in order
to administer and enforce this By-law.
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9.3.
No person shall obstruct any person when he or she is carrying out an inspection pursuant
to this By-law.
9.4.
If, after inspection, the Director of Public Works, his or her delegates or a bylaw
enforcement officer determines that there is a contravention of this By-law, he or she
shall notify any person committing the contravention and provide that person with a copy
of the notice.
9.5.
The Director of Public Works or his or her delegates may require any person who has
contravened this By-law to:
(a)
Cease all contraventions of this By-law, and
(b)
Do all work necessary to eliminate any existing contraventions.
Where reasonably practicable, any requirement to do work to eliminate existing
contraventions shall provide the person until 8:00 am the next morning to complete the
work. If required in the circumstance, the order may require work to be performed
immediately.
9.6.
An order issued pursuant to this By-law shall be served personally, left in the mail box or
posted in a conspicuous place on the property of any person committing a contravention
of this By-law.
9.7.
If any person who contravenes this By-law fails to do the work required by the order
within the period specified, the Corporation, in addition to all other remedies it may have,
may do the work and for this purpose may enter on the land with its employees or agents
or both. The costs incurred by the Corporation in so doing shall be paid by any person
who contravened this By-law and may be recovered by the Corporation in like manner as
taxes or by civil action.
9.8
For the purposes of snow clearing and/or ice Treatment which must be performed by
Owners and/or Occupants under Article 2.2 of this Bylaw, Council for the Corporation sets
a fee and charge of $250.00 as a reasonable approximation of the costs of the Corporation
for remedying a contravention of that Article. Should an Owner or Occupant fail to
remedy a contravention of Article 2.2 within the time period provided in an order
required under this Article, that $250 amount will be charged to the Owner or Occupant
regardless of whether the work is completed before the time that the Corporation attends
at the property to perform the work.
ARTICLE 10
SEVERABILITY
10.1.
Each section of this By-law is an independent section, and the holding of any section or
part of it to be void or ineffective for any clause is not deemed to affect the validity of
any other sections of parts of it.
ARTICLE 11
BY-LAW IN EFFECT
11.1.
This By-law will come into full force and effect on the date of passing.
ENACTED AND PASSED this 9th day of December, 2019
Original signed by: Mayor Darrin Canniff:
__________________________
Original signed by: Judy Smith, Clerk:
__________________________
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Schedule A
The following Maps show the areas considered "Downtown Business Areas" for the purposes of
the Bylaw.
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9
10
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12
13
14
15
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Schedule B
The following roads will be preventatively Treated for ice in accordance with Article 3.2 of the Bylaw.
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Schedule C
Highly Unusual and/or Significantly Risky Encroachments
The following are determined by the Corporation to unusual and significantly risky
Encroachments:
Vegetation other than trees and bushes, including decorative plants
Fences
Landscape stones, rocks, blocks and bricks (excluding driveway pavers)
Curbs, walls, posts or poles
Basketball nets, hockey nets and other similar sporting equipment
Signs either permanent or temporary that were not installed by the Corporation under
the requirements of the Ontario Traffic Manual
Lawn sprinklers
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Schedule D
Not unusual and/or Not Significantly Risky Encroachments
The following could be considered an acceptable Encroachment provided they do not pose a
significant hazard to the public. They include but are not limited to:
Utility poles and guy wires
Sewer manholes
Catch basins
Utility control valves
Fire hydrants
Survey bars and Highway monuments
Signs and posts installed as required by the Ontario Traffic Manual.
Trees
Hedges
Bushes
Community mailboxes installed by Canada Post Corporation
Any other Encroachment not listed in Schedule C.
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Schedule E
THE CORPORATION OF THE MUNICIPALITY OF CHATHAM-KENT
Part 1 Provincial Offences Act
BY-LAW NUMBER [XX-2019]
A BY-LAW TO PROVIDE FOR WINTER MAINTENANCE
Page 1 of 1
ITEM
#
COLUMN 1
Short Form Wording
COLUMN 2
Provision
creating or
defining
offence
COLUMN 3
Set Fine
1
Failure to salt within 24 hours of substantial probability notice
2.2(b)(i)
$20
2
Failure to salt within 24 hours of ice formation
2.2(b)(ii)
$20
3
Installation or failure to remove Encroachment
4.2
$50
4
Deposit Snow or ice on Sidewalk
4.3
$20
"NOTE: The general penalty provision for the offences listed above is section 8.1 of by-law no __ -2019, a
certified copy of which has been filed".