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THE CORPORATION OF THE TOWNSHIP OF JOLY
BY-LAW 2025-013
BEING A BY-LAW TO PROHIBIT THE DEPOSITING OF SNOW ON HIGHWAYS
WITHIN THE TOWNSHIP OF JOLY
WHEREAS, Section 27(1) of the Municipal Act, 2001, S.O. 2001 c. 25 as amended,
permits Municipalities to pass By-laws in respect of a highway under the
Municipalities jurisdiction, and
WHEREAS, Section 181 of the Highway Traffic Act, 1990, R.S.O. 1990 c. H. 8 as
amended, prohibits any person from depositing snow or ice on a roadway without
permission in writing from the road authority responsible for the maintenance of the
road, and
WHEREAS, it is deemed necessary to prohibit and regulate the depositing of snow,
slush, and ice on any highway, roadway or bridge within the limits of the Township
of Joly.
NOW THEREFORE the Council of the Corporation of the Township of Joly, enacts
as follows:
SECTION 1 - DEFINITIONS
1.1
In this By-law:
a)
"Highway" means a common and public highway, street, avenue, lane,
parkway, driveway, sidewalk, square, place, bridge, viaduct, trestle, including
the area between the lateral property lines that is intended for the use of the
general public.
b)
"Officer" means a person who has powers or duties with respect to the
administration and enforcement of this By-law.
c)
"Municipality or Municipal" means the Corporation of the Township of Joly.
d)
"Person" means every natural person, firm, co-partnership, association or
corporation.
SECTION 2 - PROHIBITION
2.1
No person shall deposit any snow or permit snow to be deposited on a
highway within the Municipality.
2.2
No person shall clear away or remove snow from a Municipal highway, except
as may be necessary to clear away snow blocking access to a private
entrance or driveway.
2.3
No person shall create or permit an accumulation of snow to be created on
property adjacent to a Municipal highway in such a way as to cause an
obstruction, encumbering or fouling of sidewalks, roadways or drainage
ditches on such highways.
2.4
No person shall move snow within the road allowance from one side of the
cleared portion of the road allowance intended for vehicular and pedestrian
traffic to the other side of the road allowance.
2.5
No person shall relocate snow within the road allowance in such a manner as
to encroach on the cleared portion of the road allowance intended for
vehicular or pedestrian traffic, or that would result in the obstruction of the
normal visibility of the safe movement of vehicular and pedestrian traffic on
the road allowance.
SECTION 3 - ADMINISTRATION AND ENFORCEMENT
3.1
Every person having deposited snow or permitted snow to be deposited on a
Municipal highway shall, upon demand, remove said snow from the highway.
3.2
Every person having created or permitted an accumulation of snow on
property adjacent to a Municipal highway shall, upon demand, remove said
snow from the property.
3.3
Any person who contravenes any of the provisions of this By-law is guilty of
an offence and upon conviction is liable to a fine as provided for in the
Provincial Offence Act, as amended, and all the provisions of the said Act shall
apply to any offence under the provisions of this By-law.
3.4
Where a person is in contravention of any of the provisions of this By-law, the
Corporation of the Township of Joly or agents thereof, shall carry out, or cause
to be carried out, on behalf of the Corporation, the work required to be done
by this By-law, at the expense of the property owner, and the Municipality shall
recover the expense incurred, plus a 10% administration fee in doing it in a
like manner as Municipal taxes.
3.5
The provisions of this By-law shall be enforced by any Municipal Law
Enforcement Officer or person appointed by Council.
3.6
Every person who contravenes any provision of this By-law is guilty of an
offence and on conviction is liable to a fine as provided for in the Provincial
Offences Act, as shown in the set fine - Schedule "A".
SECTION 4 - SEVERABILITY AND ENACTMENT
4.1
If any court of competent jurisdiction declares any section or part of this By-
law to be invalid, such section or part of a section thereof shall be deemed
to be severable and all other sections or parts of this By-law shall be deemed
to be separate and independent there from and to be enacted as such and
the remainder of the By-law shall be valid and shall remain in force.
4.2
This By-law shall come into force and effect upon being passed.
READ A FIRST TIME THIS 11th DAY OF FEBRUARY 2025
READ A SECOND TIME THIS
DAY OF
2025
READ A THIRD AND FINALLY PASSED THIS
DAY OF
2025
MAYOR
CLERK/ADMINISTRATOR
TOWNSHIP OF JOLY
SCHEDULE "A"
BY-LAW 2025-013
Being a By-law to Prohibit the Depositing of Snow on
Highways within the Township of Joly
Part 1 Provincial Offences Act
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Provision creating
or defining offence
COLUMN 3
Set Fine
1
Deposit snow on a
Municipal highway
s. 2.1
$150.00
2
Permit the deposit of
snow on a Municipal
highway
s. 2.1
$150.00
3
Clear away or remove
snow from a Municipal
highway
s. 2.2
$150.00
4
Create or permit the
accumulation of snow on
property adjacent to a
Municipal highway
s. 2.3
$150.00
5
Move snow from one side
of the road allowance to
the other side of the road
allowance
s. 2.4
$150.00
6
Relocate snow as to
encroach, obstruct or
prevent the safe
movement of vehicles
s. 2.5
$150.00
7
Relocate snow as to
encroach, obstruct or
prevent the safe
movement of pedestrians
s. 2.5
$150.00
NOTE: The penalty provision for the offences indicated above is section 3 of
By-law 2025-013, a certified copy of which has been filed.