This is the exact embedded text of the captured official document.
Snapshot 250c22ef31d3 · verified 2026-08-28 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE CORPORATION OF THE
TOWNSHIP OF EAST ZORRA-TAVISTOCK
COUNTY OF OXFORD
BY-LAW # 2025-15
BEING A BY-LAW TO GOVERN AND REGULATE THE MAINTENANCE,
OCCUPANCY, USE OF, AND OTHER MATTERS PERTAINING TO, THOSE
PORTIONS OF PUBLIC HIGHWAYS UNDER THE JURISDICTION OF THE
TOWNSHIP OF EAST ZORRA-TAVISTOCK KNOWN AS BOULEVARDS.
WHEREAS Section 11(2)(6) of the Municipal Act, S.O. 2001, c.25, as amended,
provides that a municipality may pass by-laws respecting the health, safety, and
well-being of persons;
AND WHEREAS Section 11(2)(8) of the Municipal Act, S.O. 2001, c.25, as
amended, provides that a municipality may pass by-laws respecting the
protection of persons and property;
AND WHEREAS Section 9(2) of the Municipal Act, 2001 provides that a by-law
under Section 11 respecting a matter may regulate or prohibit respecting the
matter, and as part of the power to regulate or prohibit respecting the matter,
require persons to do things respecting the matter, provide for a system of
licences, permits, approvals, or registrations respecting the matter and impose
conditions as a requirement of obtaining, continuing to hold or renewing a
licence, permit, approval, or registration.
AND WHEREAS Section 30 of the Municipal Act, S.O. 2001, c.25, as amended,
provides that a highway is owned by a municipality that has jurisdiction over it
subject to any rights reserved by a person who dedicated the highway or any
interest in the land held by any other person;
AND WHEREAS Section 27(1) of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, authorizes the Corporation of the Township of East Zorra-Tavistock to
pass By-laws in respect to highways under its sole or joint jurisdiction;
AND WHEREAS Section 28(2) of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, grants a municipality jurisdiction over all road allowances located in
the municipality that were made by the Crown surveyors [subsection 28(2)(a)]
and all road allowances, highways, streets, and lanes shown on a registered plan
of subdivision [subsection 28(2)(b)];
AND WHEREAS Section 391 of the Municipal Act, 2001 provides that a
municipality may pass by-laws imposing fees or charges on any class of persons
for services or activities provided or done by or on behalf of it;
NOW THEREFORE the Council of the Corporation of the Township of East
Zorra-Tavistock enacts as follows:
Part I - DEFINTIONS AND INTERPRETATIONS
1. DEFINITIONS
For the purposes of interpreting the provisions set forth in this By-law, the
following definitions shall apply:
"Apron" includes that section of a driveway contained within the boulevard.
"Boulevard" means that part of a Highway (whether assumed or unassumed by
the Township) between a Street Line and the edge of the curb or, where there is
no curb, that portion of the Highway Road Allowance between the travelled
portion to the Street Line. A Boulevard may or may not contain a sidewalk. A
boulevard must be in the services area of the Township as defined in the Official
Plan.
"Cleared" includes the removal of weeds or grass more than 20 centimetres in
height.
"County" means the County of Oxford.
"Enforcement Officer" shall mean a by-law enforcement officer of the Township
of East Zorra-Tavistock.
"Fixture" means any structure or other fixture affixed to the boulevard including
a utility box, newspaper vending box, bench, telephone box, transformer box or
vault, telephone, hydro, streetlight, stoplight poles, and street sign.
"Fixture Owner" means the owner of a fixture.
"Grade Height" means the surface of the ground measured at any point, or
when associated with an object, plant, or other thing, the surface of the ground at
the base or bottom of that object, plant, or thing.
"Hard Surface" means an area covered in whole or in part with asphalt,
concrete, interlocking brick, or block, crushed or solid stone, gravel, slag, ground
asphalt, wood, or any non-porous material.
By-law #2025-15
Page 3
"Highway" means a common and public highway, street, avenue, or parkway
any part of which is intended for use by the general public for the passage of
vehicles and includes the area between the lateral property lines and the
boulevard.
"Landscaping" means vegetation in the form of lawns, grasses, shrubs,
flowers, ornamental plantings, or any combination thereof.
"Maintenance" means the action required to sustain a boulevard including
but not limited to cutting, watering, removing debris, or repairing damage to
any driveway located within the boulevard area.
"Owner" means the lawful owner, but also includes a lessee, tenant,
mortgagee in possession or occupant who appears to have care and control
of the property.
"Person" means an individual, association, firm, partnership, corporation,
trust, organization, trustee, or agent, and their heirs, executors, or legal
representatives of the person to whom the context can apply according to law.
"Property" means any land, including the buildings and structures thereon,
registered to a person on title in the Land Registry Office or Land Titles
Division, as the case may be.
"Refuse" means any article, thing, matter, substance, or effluent that: has
been cast aside, discharged or abandoned, or; is discarded from its usual and
intended use, or; is used up, in whole or in part, or expended or worn out in
whole or in part; and shall include domestic waste and industrial waste; and
that domestic waste and/or industrial waste does not cease to be refuse by
reason that it may be commercially saleable or recyclable.
"Repair" means the taking of any action to ensure that the boulevard area or
fixture conforms to the standards contained in this by-law.
"Restore" means taking action to remove unlawful materials and objects and
by planting landscaping or installing materials and objects in compliance with
this by-law.
"Standards" means the standards for boulevard and fixture maintenance as
prescribed by Section 4.0 of this by-law.
"Township" means the Corporation of the Township of East Zorra-Tavistock.
"Township Street" means a highway under the jurisdiction of the Township.
"Vehicle" means an automobile, truck, or other motor vehicle, including farm
implement or equipment, motor home, motorized construction equipment,
motorcycle, snowmobile, boat, recreational vehicle, aeroplane, trailer, and any
By-law #2025-15
Page 4
other device which is capable of being driven propelled or drawn by any kind
of power, excluding devices powered solely by means of human or animal
effort, such as bicycles, wheelchairs, wagons, carts, and skateboards.
2. INTERPRETATION
2.1.
Short Title
2.1.1. The short title of this by-law shall be the "Boulevard By-law."
2.2.
Scope
2.2.1. This by-law applied to all boulevards under the jurisdiction of
the Township of East Zorra-Tavistock pursuant to the provisions of
the Municipal Act, S.O. 2001, c. 25, unless otherwise indicated
herein.
2.3.
Enforcement
2.3.1. Where an Owner fails to comply with any provision set out in
this by-law, an Order may be issued by an Officer to the
Owner requiring compliance within the timeframe specified in
the Order.
2.3.2. If the by-law enforcement officer is satisfied that a
contravention of the by-law as occurred, the officer may
make an order, known as a Work Order (Schedule "A"),
requiring the person who contravened the by-law or who
caused or permitted the contravention or the owner or
occupier of the land or the Fixture Owner on which the
contravention occurred to do the work to correct the
contravention.
2.3.3. An Officer who finds that a boulevard or fixture does not
conform to any of the standards prescribed in this by-law
may make a Work Order to an Owner or a Fixture Owner:
a) Stating the municipal address or the legal description
of the Property, a Street Line of which is located
immediately adjacent to the subject boulevard area or,
in the case of a fixture, the municipal address closest
to that fixture;
b) Giving reasonable particulars of the repairs,
restoration, or maintenance to be made to the
boulevard or fixture;
c) A deadline, being a specific date, for compliance with
the Work Order; and
By-law #2025-15
Page 5
d) A notice that if the work is not done in compliance with
the Work Order by the deadline, the municipality may
have the work done at the expense of the Owner and
the cost of the work may be recovered by adding the
amount to the Owner's tax roll.
2.3.4. The Work Order shall either be personally delivered or sent
by Regular Mail or Registered mail to the last known address
of the Owner or Fixture Owner, as the case may be. Where
an Order is personally delivered it shall be deemed served
on the Owner or Fixture Owner immediately. Where a Work
Order is mailed it shall be deemed to have been given on the
third day after it is mailed.
2.3.5. If the Township is unable to effect service on the Owner
under Section 2.3.4, it shall place a placard containing the
terms of the Work Order in a conspicuous place on the land
and may enter on the land for this purpose. The placing of
the placard shall be deemed to be sufficient service of the
Work Order.
2.3.6. Every Owner and Fixture Owner shall comply with a Work
Order issued pursuant to Section 2.3.3 of this by-law within
the time provided for therein.
2.3.7. Where anything required or directed to be done in
accordance with this by-law is not done, the By-law
Enforcement Officer or persons designated by the By-law
Enforcement Officer for the Corporation of the Township of
East Zorra-Tavistock, may upon such notice as they deem
suitable, do such thing at the expense of the Owner or
Fixture Owner and, in so doing, may charge an
administration fee of 15% of such expense with a minimum
fee of $110.00; and both the expense fee may be recovered
by action or, from an Owner, in like manner as municipal
taxes.
2.3.8. Where any of the matters or things are removed in
accordance with Section 2.3.7 of this by-law the matters or
things may be immediately disposed of by the By-law
Enforcement Officer with no recourse by the Owner.
2.3.9. A By-law Enforcement Officer designated to perform
inspections pursuant to this by-law may at all reasonable
times, enter onto land for the purposes of an inspection of
the land.
By-law #2025-15
Page 6
2.3.10.
Where it becomes necessary to proceed pursuant to
Section 2.3.7 of this by-law, a By-Law Enforcement Officer
may enter onto the lands with any person and the
appropriate equipment as required to bring the property into
compliance with this by-law.
2.4.
Penalty
2.4.1. Every person who contravenes any of the provisions of this
by-law is guilty of an offence an, upon conviction, is liable to
the penalties as prescribed by the Provincial Offences Act,
R.S.O 1990, c. P. 33.
2.5.
Severability
2.5.1. If any provision or part of a provision of this by-law is
declared by any court or tribunal of competent jurisdiction to
be illegal or inoperative, in whole or in part, or inoperative in
particular circumstances, the balance of the by-law, or its
application in other circumstances, shall not be affected and
shall continue to be in full force and effect.
2.6.
Compliance with other By-laws and Regulations
2.6.1. This by-law shall not be construed to reduce or mitigate any
restrictions or regulations lawfully imposed by the Township
or by any governmental authority having jurisdiction to make
such restrictions or regulations.
2.6.2. If there is a conflict between a provision of this by-law and a
provision of any other Township by-law, the provision that
establishes the higher standard to protect the health and
safety of the public and to maintain clean and tidy conditions
on the Highway shall apply.
3. Boulevard Standards
3.1.
Every person may landscape or improve that portion of a boulevard
abutting their property, subject to the regulations contained hereafter:
3.1.1. No hedge, shrub, tree, planting, decorative rocks, mulch,
woodchips, post, fence, wall, or any other thing shall be
permitted:
a) Where a sidewalk is located on the boulevard, within
0.6 metres of either edge of the sidewalk or within 1.8
metres of the curb or travelled portion of the Highway,
or
By-law #2025-15
Page 7
b) Where no sidewalk is located on the boulevard, within
1.8 metres of the curb or travelled portion of the
Highway;
c) Within 9.0 metres of the closest corner of an
intersection.
3.1.2. No hedge, shrub, tree planting, post, fence, wall, or other
thing, exceeding 0.2 metres in height above the grade of the
boulevard shall be permitted on any boulevard;
3.1.3. Nothing shall be maintained on any boulevard which is
protruding, sharp, dangerous in any way, or which may
otherwise injure a person; and
3.1.4. No person shall alter a boulevard by adding or maintaining
any hard surface material in whole or in part, to the surface.
4. Boulevard and Fixture Maintenance Standards
4.1.
Every Owner shall maintain the boulevard that abuts that Owner's
Property (hereinafter called the Abutting Boulevard) in accordance with
the requirements of this by-law.
4.2.
Every Owner shall:
4.2.1. Clean and clear the abutting boulevard of all debris, waste,
refuse, and litter;
4.2.2. Clean and clear the abutting boulevard of any abandoned
items, machinery, equipment, or other thing;
4.2.3. Maintain grass and weeds on any abutting boulevard at a
height which is not greater than 0.2 metres in height;
4.2.4. Maintain the landscaping on any abutting boulevard so that
landscaping materials do not encroach over that portion of an
adjacent Highway that is travelled or designed to be travelled
by vehicles, adjacent driveway or sidewalk;
4.2.5. Subject to Sentence 4.2.3 of this Article 4.2, maintain all
landscaping on the boulevard to a height not exceeding 0.2
metres above the grade of the boulevard; and
4.2.6. Maintain or restore landscaping and hard surface areas on
the boulevard to the standards required by this by-law.
By-law #2025-15
Page 8
4.3.
Every Fixture Owner shall maintain all fixtures owned by it in a
condition which is free from defacing marks, tagging, and graffiti.
4.4.
Notwithstanding Articles 3.1 and 4.2, this by-law shall not be
interpreted as preventing or prohibiting:
4.4.1. The placement or erection of signs in compliance with the
Township and County bylaw relating to signs.
4.4.2. The design, creation and use of a driveway apron, the width
and location of which has been approved by the Township;
4.4.3. The creation and use of hard surfaced areas on boulevards,
other than a driveway apron, the width and location of which has
been approved by the Township and/or County;
4.4.4. The temporary placement of refuse for collection in
compliance with the standards of the County of Oxford Waste
Management Agreement.
4.4.5. The placement of structures placed or utilized by the
Township, the County of Oxford, a Transportation Commission,
utilities, Canada Post, or newspaper boxes if approved by the
Township; or
4.4.6. Trees planted on the boulevard by the Township.
5. Boulevard Damage
5.1.
No person shall damage any landscaping, structure, tree, sidewalk, or
other improvement on any boulevard. For the purpose of this Article,
"Damage" shall include placing any permanent mark or otherwise
defacing, tagging, or placing graffiti on any structure or other fixture
affixed to the boulevard including a utility box, telephone box,
telephone booth, transformer box or vault, telephone, hydro, streetlight,
stoplight poles or street sign.
5.2.
Where damage to the boulevard has been caused through the
installation of utilities, the utility company or contractor acting on their
behalf, is required to restore the boulevard to the standards set out in
the Township's Municipal Servicing Standards Urban and Rural
Developments (or current equivalent document).
By-law #2025-15
Page 9
6. Enactment
6.1.
This by-law comes into force on the day it is passed.
READ A FIRST AND SECOND TIME THIS 7th DAY OF MAY, 2025.
Phil Schaefer, Mayor
Seal
Meaghan Vader, Clerk
By-law #2024-32
Page 10
Schedule A
Township of East Zorra-Tavistock
By-law 2025-15
Schedule "A"
Work Order - Contravention of the By-law
Township of East Zorra-Tavistock Boulevard By-law 2025-15
Date Issued:
File No.:
Address to which order applies:
Owner Name:
Street Address:
Town:
Postal Code:
Order issued to:
A contravention of Part 4 of the Township of East Zorra-Tavistock Boulevard By-law 2025-15 is
found to exist at the above noted address:
Part 4 - Boulevard and Fixture Maintenance Standards
4.1 Every Owner shall maintain the boulevard that abuts that Owner's Property (hereinafter
called the Abutting Boulevard) in accordance with the requirements of this by-law.
Refuse includes but is not limited to:
This removal will include the cutting of grass/weeds exceeding 20cm (8 inches) in height if
applicable.
You are hereby ordered, under the Township of East Zorra-Tavistock Boulevard By-law 2025-15 to
bring this property to compliance on or before:
Insert here: compliance date (typically 1 week)
Failure to do so the Corporation of the Township of East Zorra-Tavistock (or designate) will cause the property to be
brought into compliance with Part 2 (Sections 2.3.7 and 2.3.8) of By-law 2025-15 of the Township of East Zorra-
Tavistock. The Township may recover the costs incurred by it in doing the work or causing it to be done from the
person directed or required to do it by action or by adding the costs to the tax roll and collecting them in the same
manner as property taxes.
Should By-law 2025-15 violations occur at this address in the next 12 months, you as the assessed property
owner will receive no further notice prior to enforcement action being taken.
By-law Enforcement inspections where required as a result of a failure to remedy a by-law violation by the date of
compliance as set out in a written notice/order are subject to a re-inspection fee of $95.00. This fee will be levied
following the re-inspection and is subject to HST.
Order issued by:
(Name)
By-law Enforcement Officer