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THE CORPORATION OF THE TOWN OF HANOVER
BY-LAW NO. 3218-22
A By-law to regulate Streets and Boulevards in the Town of Hanover
WHEREAS Section 8(1) of the Municipal Act, 2001 , S.O. 2001 , c.25, as amended,
(" Municipal Act, 2001") provides that the powers of a municipality under any Act shall be
interpreted broadly so as to confer broad authority on municipalities to enable them to
govern their affairs as they consider appropriate, and to enhance their 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 11 (3)1 of the Municipat Act, 2001, provides that a municipality
may pass by-laws within the following sphere of jurisdiction: Highways, including parking
and traffic on Highways;
WHEREAS Section 27 of the Municipal Act, 2001, as amended authorizes the Councils of
local municipalities to pass by-laws in respect of a highway over which it has jurisdiction;
AND WHEREAS Section 63 of the Municipal Act, 2001, S.O. 2001, c.25 provides that a
bylaw may prohibit or regulate the placing or standing of an object on or near a highway and
may provide for the removal and impounding or restraining and immobilizing of any object
placed or standing on or near a highway;
AND WHEREAS Section 127 of the Municipal Act, 2001 S.O. 2001, c.25 as amended
authorizes municipalities to pass by-laws for requiring the owner or occupant of land to
clean and clear the land, not including buildings, or to clear refuse and debris from the land,
not including buildings and to regulate when and how such matters shall be done and to
prohibit the depositing of refuse or debris on land without the consent of the owner or
occupant of the land and to define "refuse" for the purpose of the by-law.
AND WHEREAS Section 128 (1) of the Municipal Act, 2001 S.O. 2001, c.25 as amended
authorizes municipalities to prohibit and regulate with respect to public nuisances, including
matters that, in the opinion of Council, are or could become or cause public nuisances.
AND WHEREAS Section 391 (1) of the Municipal Act, 2001, S.O. 2001 c. 25 states that
section 11 authorizes a municipality to impose fees or charges on persons, for services or
activities provided or done by the municipality;
AND WHEREAS Section 425 of the Municipal Act , 2001 S.O. 2001, c.25 as amended
permits a municipality to pass bylaws providing that a person who contravenes a by-law of
the municipality passed under this Act is guilty of an offence;
AND WHEREAS Section 444 of the Municipal Act, 2001, provides that a municipality may
make an order to require a person to discontinue contravening a by-law and to do the work
required to correct the contravention;
AND WHEREAS Section 446 of the Municipal Act, 2001 S.O. 2001, c.25 provides that
where a Council has the authority to direct or require by By-law or othenryise that any matter
or thing be done, the council may by the sarne or by another By-law direct that, in default of
its being done by the person directed or required to do it, such matter or thing shall be done
at the person's expense, and the municipality may recover the expense incurred in doing it
by action or the same be recovered in like manner as municipal taxes;
AND WHEREAS the Council of the Corporation of the Town of Hanover deems it expedient
to pass a by-law to regulate and control use of streets and boulevards within the Town of
Hanover;
NOW THEREFORE the Municipal Council of the Corporation of the Town of Hanover
hereby enacts as follows:
By-law No. 321 8-22 | Page 2
f . DEFINITIONS
"Boulevard" means that part of the highway between the roadway and the property lines of
the lots abutting the highway and includes the shoulder but does not include a sidewalk, if
any;
"Corner" means the point of intersection of curbs or edges of the highway used for
vehicular tratfic;
"Costs" means all monetary expenses incurred by the Town during and throughout the
process of any remedialwork, including interest and may include an administrative
surcharge amount as determined by the Town's Fees and Charges By-law.
"Council" means the Council of The Corporation of the Town of Hanover;
"Curb" means the edge of a travelled portion of the roadway;
"Easement" means an interest in land owned by another person, consisting in the right to
use or control the land,. or an area above or below it, for a specific limited purpose, but does
not include an interest created by a license;
"Encroachment" means any device, equipment, object, structure or vegetation that is
located on, over, along, across, under or in a street, or any portion thereof, but excluding
any vegetation planted or any device, equipment, object, or structure installed and
maintained by the Town.
"Highway or Street" includes a common and public highway, street, avenue, public lane,
parkway, alley, driveway, square, place, bridge, viaduct or trestle, and 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
"lndoor Furniture" shall mean and include any furniture intended for and made of such
material that would require the furniture be sheltered from the natural elements such as rain
and snow and shall include but not be limited to items such as couches, sofas, love seats,
fabric covered chairs, pillows and cushions, mattresses and box springs
"Municipality" means the Corporation of the Town of Hanover;
"Municipally Owned Lands" shall mean the property owned or maintained by the
Corporation of the Town of Hanover shown on the last revised assessment roll and shall
include all municipal road allowances and rights of way.
'nOwner" includes,
a)
the person who is the registered owner of a property; and
b)
the person for the time being managing or receiving the rent of the property whether
on the person's own account or as agent or trustee of any other person, or who
would receive the rent if the land or premises were let;
"Person" - Means any human being, association, firm, partnership, incorporated company,
corporation, agent or trustee, and their heirs, executors, or other legal representatives of a
person to whom the context can apply according to law.
"Refuse" shall mean 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;
"Sidewalk" means that portion of a highway between the curb line or lateral lines of a
roadway and the adjacent property line that is designed and intended for the use of
pedestrians;
"Street Line" means the limit of the street or road allowance and is the dividing line
between a lot and the street or road.
"Street or Road" - means a highway as defined by the Highway TrafficAcl R.S.O. 1ggo,
as amended from time to time, and the Municipal Act, R.S.O. 2001, as amended from time
to time; and means a public street or road for vehicles which affords the principal means of
access to abutting lots, but does not include a lane or private right-of-way or unopened road
allowance.
By-law No. 321 8-22 1 Page 3
"Town" means the Corporation of the Town of Hanover;
o'Yard Waste" includes any organic waste that can be composted, usually composed of
refuse from gardens, such as grass clippings or leaves, and domestic or industrial kitchen
wastes.
2. SHORT TITLE
The short title of this bylaw is the "Streets By-Law".
3. SCOPE
This By-law law applies to all municipally owned lands under the jurisdiction of the Town of
Hanover pursuant to the provisions of the MunicipalAcf, S. O. 2001 , c. 25
4. PROVISIONS WITHIN THE PUBLIC RIGHT.OF WAY
a. (1) No person shall without lawful authority, obstruct any highway without first having
obtained written consent from the Town of Hanover.
(2) Without limiting the generality of subsection 4(1), no person shall without lawful authority
obstruct a highway and the obstruction of a highway includes any one or more of the
following:
(a)
Depositing of snow or ice on the portion of a highway normally used for
pedestrian or vehicular tratfic, including right-of-way;
(b)
Relocation of snow from a highway or private property to the portions of a
highway normally used for pedestrian or vehicular traffic;
(c)
Cutting, altering, extending, in any manner whatsoever of a concrete curb, open
or contained culvert, culvert overpass, or similar structure or landscape without
having first applied for and obtained the appropriate written consent to do so from
the Town;
(d) Throwing, placing, or depositing of dirt, glass, handbills, paper or other refuse, or
any debris determined to be a hazard, nuisance, or interference with municipal
operations upon a street, except in accordance with the Waste Collection By-law.
(e)
Excavation, removal, or damage to any portion of a highway, including sod,
trees, light poles, street signs, or other objects within the highway without the
written consent to do so from the Town;
(f)
Placement of leaves, grass clippings, and debris from private property to the
portions of the highway normally used for pedestrian or vehicular traffic;
(g)
Placing or depositing of sporting equipment, including but not limited to
basketball nets, hockey nets, soccer nets, skateboard ramps, and bicycle ramps,
on a highway;
(h)
Placing or depositing of any kind of furniture or fencing on a highway.
(i)
Conduct any activity which interferes with public travel or use of, sidewalks or
tratfic control devices, snow removal operations, or access to fire hydrants
Ú)
Place, construct, alter, or maintain any object or structure upon, under or over a
street.
(k)
lnstall, erect, place, or maintain on any boulevard which is protruding, sharp,
dangerous in any way, or which may othenruise injure a person.
(l)
Remove or alter any earth, material, plant, tree or concrete curb or sidewalk from
a boulevard.
(m) cause nuisance in or upon a street, by fire, water, vapor, dust, noise or any
means whatsoever.
5. HAZARDOUS CONDITION
lf an otficer determines that an obstruction of a highway is, or may create, a hazardous
condition to the safety of any person using the highway, the otficer may take any action
necessary to have the obstruction immediately removed and the highway repaired, if
By-law No. 3218-22lPage 4
necessary, and all the costs incurred by the Town in undertaking this work shall be
expenses owed to the Town by the owner, occupant and/or contractor of the property from
which the obstruction comes from, relates to, or was created for.
6- USE OF CONTRACTOR AND RECOVERY OF EXPENSES
(1) The Town may retain the services of a contractor to carry out any of the work that the
Town may carry out under this By-law.
(2) All expenses incurred by the Town in connection with the enforcement of this By-law
shall be paid to the Town by the person owing those expenses and may be collected in the
same manner as property taxes by adding the expenses to the tax roll of the property from
which the obstruction of the highway or maintenance of the boulevard relates.
7. INSPECTION
An officer acting under this By-law may, at any reasonable time, enter on to property, and
inspect any property, including all buildings and structures thereon, to determine any one of
the following:
(a)
Whether there is compliance with this By-law.
(b)
Whether the conditions for a permit issued, or written approval received by the
ïown under this By-law are adhered to.
(c)
Whether there is compliance with any order made pursuant to this By-law.
8. REBUTTABLE PRESUMPTION
(1) An owner or occupant shall be presumed to have created, caused, allowed, permitted, or
continued a highway or boulevard obstruction that has occurred on Town property abutting
owner or occupant's property, which presumption may be rebutted by evidence to the
contrary on a balance of probabilities.
9. ORDERS
9.I HIGHWAYS
(1) lf an officer determines that an obstruction of a highway exists, the officer may issue an
order requiring the owner, occupant and/or contractor of the property from which the
obstruction comes from, relates to, or was created for, to discontinue causing the
obstruction and to remove the obstruction and repair, as necessary, at the expense of the
owner, occupant and/or contractor, the highway so that the highway is brought back to its
former condition prior to the obstruction.
(2) Every person who fails to comply with an order made under section 9.1 is guilty of an
offence.
9.2 BOULEVARDS
(1) lf an officer determines that an owner or occupant of a property has altered or failed to
maintain a boulevard that abuts the owner's property, the officer may issue an order
requiring the owner or occupant to maintain the boulevard in accordance with this By-law or
obtain written permission for the work done on the boulevard.
(2) Every person who fails to comply with an order made under section 9.2 is guilty of an
offence.
10. WORK ORDER
Where the order described in subsection 9.1 is not complied with within the time period
stipulated therein, the Town may remove the obstruction and repair, as necessary, the
highway and all the costs incurred by the Town in undertaking this work shall be expenses
owed to the Town by the owner, occupant and/or contractor of property from which the
obstruction comes from, relates to, or was created for.
Where an order under subsection 9.2 is not complied with within the time period stipulated
therein, the Town may carry out, or cause to be carried out, any work necessary to maintain
the boulevard in accordance with this By-law, and all the costs incurred by the Town in
undertaking this work shall be expenses owed to the Town by the owner or occupant of the
property.
By-law No. 3218-221Page 5
1I. WORK DONE BY THE TOWN
The Town may recover its costs of remedying a violation of this By-law by invoicing the
owner, by initiating court proceedings or by adding the costs, including interest, to the tax
roll in the same manner as municipal taxes in accordance with section 446 o'lthe Municipal
Act, 2001 and the exercise of any one remedy shall not preclude the exercise of any other
available remedy.
The Town may charge a fee for inspection and administration services pursuant to the
Town's Fees and Charges By-law.
12. EXEMPTIONS
Section 4.1 of this By-law shall not apply:
(1) To an obstruction on a highway where the obstruction is permitted under a valid and
binding encroachment agreement or permit between a person and the Town.
(2) To any sign for which the owner has received written consent to place on property
owned by the Town.
13. ADMINISTRATION AND ENFORCEMENT
13.1 Unless specified othenryise in this bylaw, the Town may, without notice, remove,
impound, restrain or immobilize any object, article, vehicle or thing that is placed, stopped,
standing or parking on, in or near a street contrary to the provisions of this bylaw.
ß.2 ft a person is found to have contravened any of the provisions of this by-law, the Town
may issue a notice or fine, to the person to remedy the contravention setting out the
reasonable particulars of the contravention, the location of the land on which the
contravention occurred, and the date by which there must be compliance with the notice.
13.3 Every person to whom a notice is issued under this by-law shall comply with the notice
within the time set in the notice. Failure to comply with notice may also result in a fine.
13.4 Where any act or thing required to be done in accordance with this by-law is not done,
the Town may cause the matter or thing to be done and shall recover the costs of so doing
by adding the costs to the tax roll of the property and collecting them in the same manner
and with the same priority as municipaltaxes.
13.5 Where any act or thing required to be done in accordance with this by-law is not done,
the Town may cause the matter or thing to be done and shall recover the costs of so doing
by adding the costs to the tax roll of the property of the person named in the said notice and
collecting such costs in the same manner and with the same priority as municipal taxes.
13.6 Every person who contravenes any provision of this bylaw is guilty of an otfence as
provided for in subsection 429(t) of the Municipal Act, 2001, and all such offences are
designated as continuing offences as provided for in subsection a29Q)G) of the Act.
13.7 A person who is convicted of an offence under this bylaw is liable, for each day or part
of a day that the offence continues, to a minimum fine of $500.00 and a maximum fine of
$10,000.00 and the total of all daily fines for the offence is not limited to $100,000.00 as
provided for in subsection 429(3) 1. of the Act.
13.8 When a person has been convicted of an offence underthis bylaw, the Superior Court
of Justice, or any court of competent jurisdiction, thereafter may, in addition to any penalty
imposed on the person convicted, issue an order:
(a)
prohibiting the continuation or repetition of the offence by the person convicted;
and,
(b)
requiring the person convicted to correct the contravention in the manner and
within the period that the court considers appropriate,
13.9 Every person who contravenes any provision of this bylaw is guilty of an offence and
upon conviction is liable to a fine as provided for by the Provincial OffencesAcl R.S.O.
1990, Chapter P.33, as amended.
13.10 Any person who contravenes a provision of this by-law is guilty of an offence as set
out in "Schedule 4".
By-law No. 3218-22 | Page 6
I4. SERVICE OF DOCUMENTS
(1) Service of any document, including an order, under this By-law may be given in writing in
any of the following ways and is effective:
(a) when a copy is delivered to the person to whom it is addressed;
(b)
on the 5th day after a copy is sent by regular or registered mail to the person's
last known address;
(c)
by email to the last known email address of the person to whom service is
required to be made;
(d)
by placing a placard containing the terms of the document or order in a
conspicuous place on the property to which the document or order relates and
shall be deemed to be sufficient service on the owner
I5. LIABILITY
Pursuant to Section 448 of the Municipal Act S.O 2001, c.25, as amended, no proceeding
for damages or otherwise, shall be commenced against a member of Council or an officer,
employee or agent of the municipality or a person acting under the instructions of the officer,
employee or agent for any act done in good faith in the performance or intended
performance of a duty or authority under this By-law for any alleged neglect or default in the
performance in good faith of the duty or authority.
16. RIGHT OF ENTRY
16.1 Pursuant to Section 435 and 436 of the Municipal Act S.O, 2001, c.25, as amended, an
Officer may enter upon property, at any reasonable time, for the purpose of carrying out
inspections of or on such property to determine whether or not the provisions of this by-law
are being complied with;
16.2 ln accordance with the provisions of the MunicipalAcf S.O 2001, c.25, as amended,
Section 426(1), no person shall hinder, interfere with, or otheruvise obstruct, either directly or
indirectly, an officer in the lawful exercise or power or duty under this by-law;
16.3 Where an authorized officer has reasonable grounds to believe that an offence has
been committed by a person, the authorized officer may require the name, address and
proof of identity of that person, and the person shall supply the required information.
17. SEVERABILITY
lf any section of this by-law, or parts thereof, are found by a Court to be non-enforceable,
such section, or parts thereof, shall be deemed to be severable, and all other sections or
parts of this bylaw shall be deemed to be separate and independent there form and continue
in fullforce and effect.
I8. BYLAW REPEALED
This by-law repeals By-law Number No. 1820-02-1A-91
READ A FIRST, SECOND and THIRD TIME and FINALLY PASSED this 20th day of June, ZOZ2.
q./$--
Susan Paterson, Mayor
Hanover
Vicki McDonald, Clerk
rrü Ontario, Canada
SCHEDULE'A' TO BY.LAW NO. 32I8-22
PART I, PROVINCIAL OFFENGES ACT
BEING a by-law respecting the use of streets and boulevards and highway obstructions
within the Town of Hanover.
Set Fine
$500.00
$200.00
$200.00
$400.00
$400.00
$400.00
$300.00
$200,00
$200.00
$300.00
$300.00
$300.00
$700.00
$700.00
$900.00
$900.00
Provision Creating
or Defining Offence
4(1)
aQ)@)
4(2Xb)
a(2Xc)
4(2Xd)
4(2Xe))
4(2)(f)
4(2Xg)
4(2Xh)
4(2)(i)
4(2Xk)
4(2)(m)
9.1(2)
e.2(2)
16.2
16.3
Short Form Wording
Obstruct any highway without obtaining written
consent from the Town
Depositing of snow or ice on a portion of a
highway
Relocation of snow from private property to a
highway
Cut, alter or extend a concrete curb, culvert, or
similar structure or landscape without written
consent from Town
Throw, place, or deposit dirt, glass, handbills,
paper, refuse or debris on a highway
Excavate, remove, or damage any portion of a
highway without written consent from Town
Place leaves, grass clippings, and debris from
private property to a highway
Place or deposit sporting equipment on a
highway
Place or deposit furniture or fencing on a
highway
lnterfere with public travel/use of
sidewal Utraffic control device
Fail to keep boulevard free from hazardous
objects or materials
Cause nuisance in or upon a street
Fail to comply with an Order issued under
Section 18 (1)
Fail to comply with an Order issued under
Section 19 (1)
Obstruct, hinder or othenruise interfere with an
Officer
Fail to provide required information
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