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THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES
BY-LAW NUMBER 28 OF 2005
Being a By-law to provide for the Regulation of Streets within
the Municipality of Lambton Shores
The Municipal Council of the Corporation of the Municipality of Lambton Shores enacts
as follows:
Part 1 Definitions
In this by-law:
"By-law Enforcement Officer" shall mean a person duly appointed by the
Corporation of the Municipality of Lambton Shores for the purpose of enforcing or
carrying out the provisions of Municipal by-laws.
"Deposit" shall mean to throw or place.
"Director of Community Services" shall mean the person appointed by the Council
to the position of Director of Community Services and any employee of the
Municipality of Lambton Shores who acts at the direction of the Director of Community
Services.
"Municipality" shall mean the Corporation of the Municipality of Lambton Shores.
"Obstruct" shall mean to block or interfere with or fill with obstacles.
"Public Nuisance" shall include, but not be limited to, urinating in public, shouting or
yelling or loitering in a public place.
"Roadway" shall mean the portion of a highway or street which is improved for the
travel of motor vehicles.
"Road Works" shall mean the physical improvements which have been made to a
street including pavement, curbs, signs, gutters, trees, culverts, treated and graded
surfaces, walls, sidewalks, utility apparatus, ditches and swales.
"Sidewalk" shall mean a walk or raised path or that portion of a street between the
curb line or edge of pavement or the lateral line of a roadway and the adjacent
property line, primarily intended for the use of pedestrians.
"Sidewalk Café" means a group of tables and chairs and other accessories situated
and maintained upon a public sidewalk for the use and consumption of food and
beverages sold to the public from or in, an adjoining or adjacent indoor restaurant, or
retail store which is located immediately against the building façade. A sidewalk café
shall not be fenced and no table service or consumption of alcohol is permitted.
"Sidewalk Patio" means a group of tables and chairs and other accessories situated
and maintained upon a public sidewalk for the use and consumption of food and
beverages sold to the public from, or in an adjoining or adjacent indoor restaurant
located and adjacent to the business. A Sidewalk Patio shall extend no wider than
the width of the associated indoor food and beverage establishment and shall be
fenced. Table service and the consumption of alcohol are permitted
"Snow" includes ice and slush.
"Street or Highway or Road" are all used interchangeably and shall include a
common and public highway, street, avenue, boulevard, bridge, crescent, cul-de-sac,
court, parkway, driveway, square, place, shoulder, bridge, viaduct, or trestle, or the
like, 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.
"Sales by retail" includes but is not limited to sales conducted from a refreshment
stand or vehicle.
Part 2
PROHIBITED MATTERS
2.
Prohibited Matters relating to Streets and Sidewalks
No person shall (either by himself or by permitting others or by any means)
without
lawful authority:
a)
obstruct any street or sidewalk;
b)
place or construct any object or structure on, under or over a street or
sidewalk;
c)
deposit any dirt, rubbish, glass, tires, rubbish or refuse on a street or
sidewalk;
d)
create or cause a public nuisance or a public safety issue on a street
or sidewalk, or within 3 (three) metres of a street or sidewalk by fire,
water, vapour, noise or any means whatsoever;
e)
conduct any activity which interferes with public travel or use of a street
or sidewalk.
f)
obstruct a ditch or culvert on any street.
g)
deposit any snow or ice from private property onto a street or sidewalk.
3.
Use of Sidewalks for Sidewalk Cafes, Sidewalk Patios and the Display of
Goods, Wares, Merchandise or Articles
Notwithstanding the provisions of this By-law, the establishment of Sidewalk
Cafés, Sidewalk Patios and the display of goods, wares, merchandise or
articles associated with a business abutting the municipal sidewalk are
permitted in those areas:
a) Shown on Schedules D1 and D2 of this By-law:
b) In Grand Bend on Main Street West; and
c) In Forest in the entire BIA designated area except for Main Street South,
from King Street to Victoria/Broadway Streets;
subject to the following regulations:
1. A minimum of 1.5 metres of clear and unobstructed pedestrian
access shall be maintained on the sidewalk, except;
a) in Grand Bend where a minimum of 2 metres of clear and
unobstructed pedestrian access shall be provided on the sidewalk;
and
b) in Forest where the maximum width of the sidewalk that can be
used for the establishment of sidewalk cafés, sidewalk patios and the
display of goods, wares, merchandise or articles associated with a
business abutting the municipal sidewalk is 0.91 metres
2. No crosswalks or intersections shall be impeded;
3. No parking spaces shall be removed;
4. The sidewalk cafe, sidewalk patio and the area used for the display of
goods, wares, merchandise or articles shall be operated by the owner
and located adjacent to the building in which the associated restaurant or
business is located and only extend the width of the property that the
restaurant or business is located on;
5. A plan of the sidewalk café, sidewalk patio or the area used for the
display of goods, wares, merchandise or articles shall be submitted to
the Municipality for approval;
6. The owner shall provide proof that the business' or restaurants
liability insurance has been extended to cover the area used for a
sidewalk café, sidewalk patio or the area used for the display goods,
wares, merchandise or articles and that the Municipality has been named
as an additional insured;
7. No food preparation shall be permitted on the sidewalk as part of a
sidewalk café, sidewalk patio or the area used for the display of goods,
wares, merchandise or articles, including the use of outdoor barbeques;
8. Use of the Sidewalk for a sidewalk café, sidewalk patio or an area
used to display goods, wares, merchandise or articles may only be open
from April 15 to November 1 of a respective year;
9. All tables and chairs and display cases shall be constructed of a
sturdy weather resistant material, shall not exceed 1.2 metres in height
and shall be kept clean;
10. All fixtures associated with a sidewalk café and the areas used for the
display of goods, wares, merchandise or articles shall be removed from
the municipal sidewalks on a nightly basis when the associated
restaurant or business closes.
11. The owner/operator shall keep the sidewalk cafe, sidewalk patio and
area used for the display of goods, wares, merchandise or articles free
from papers, garbage, rubbish and debris of any kind;
12. The Municipality or any public utility shall have the right to enter any
portion of the sidewalk cafe, sidewalk patio and the area used for the
display of goods, wares, merchandise or articles at any time for the
purpose of installing, maintaining or repairing pipes, cables, sidewalks,
wires, poles and other installations;
13. No awnings shall be permitted, but umbrellas are. No umbrella shall
project into the required minimum pedestrian access;
14. All sidewalk cafes, sidewalk patios and the areas used for the display
of goods, wares, merchandise or articles shall be installed at existing
grade;
In addition to the provisions above in Section 3, the following shall apply
only to sidewalk cafés and sidewalk patios:
.
1. An encroachment agreement with the Municipality is required only for a
sidewalk café or sidewalk patio.
2. No audio speakers shall be permitted on the sidewalk café or sidewalk
patio and speaker sound from the adjacent restaurant is to be directed
into the building rather than projecting out to the sidewalk café or
sidewalk patio.
3. Music or entertainment provided to patrons of the sidewalk café or
sidewalk patio shall not be amplified.
4. No retail sale of goods shall be permitted.
Further, in addition to the provisions above in Section 3, the following shall
apply only to sidewalk patios:
1. A rental fee of $10 sq. ft. is to be paid to the Municipality for the area of
the sidewalk patio only.
2. The sidewalk patio may only be open during regular business hours and
operations shall cease at 12:00 a.m. (midnight) every day, which means
the serving of food and beverages shall stop at 12:00 a.m. (midnight)
each day.
3. The sidewalk patio shall be enclosed with an open style fence/barrier
which has a minimum height of 0.9 metres and a maximum height of 1.2
metres. Fences must be constructed for easy removal in the off season
and they shall not be permanently attached to the sidewalk. Any
supporting brackets cannot extend into the required pedestrian access
and shall not create a hazard.
.
4. The owner/operator of the associated restaurant shall satisfy the
Municipality that the liquor license for the restaurant has been extended
to cover the sidewalk patio.
5. All exterior lighting shall be task lighting, shall not interfere with the
sidewalk and shall be totally contained within the sidewalk patio.
Lighting levels shall be low and directed onto the sidewalk patio and shall
not spill onto abutting private properties or sidewalk. Lighting shall not
have exposed cables.
6. Barrier free access of 1.5 metres in width shall be provided to the
sidewalk patio.
.
4.
Deposit against Damage
4.1
No person shall move heavy vehicles, loads, objects or structures in
excess of the dimensions set out in the Highway Traffic Act on any roads
or streets within the Municipality without first obtaining a permit from the
Municipality for the moving of such vehicle, load, object or structure and
providing a deposit against damage in the amount set out in Schedule
"C" to this by-law. The deposit will be returned once it has been
confirmed that damage did not occur.
4.2
Every person who applies for a building permit may be required to pay a
road bond/deposit in the amount set out in Schedule "C" to this by-law to
cover the cost of any damage to the road that may occur as a result of
the construction. The road bond will be returned once it has been
confirmed that damage did not occur as a result of the construction.
5.
Projections over street -removal by owner
5.1
No person shall erect or allow to be erected any structure or thing which
projects into or over a street without lawful authority. Any such structure
or thing that projects into or over a street without lawful authority shall be
removed by the owner of the land in connection with which it exists
immediately after receiving notice from the Municipality to do so.
5.2
In default of such person removing same, the Municipality shall cause
the same to be removed and such person shall, upon demand, pay to
the Municipality the cost of such removal. If the structure or thing
removed by the Municipality is to be returned, the owner may be entitled
to redeem it, upon producing appropriate identification and receipt of
payment of the cost of removal and storage fees if applicable.
6.
Removal of a fence or structure obstructing travel
6.1
No person shall obstruct any public highway or sidewalk by erecting,
locating or placing thereon any fence, structures or encroachments. Any
obstruction, including, but not limited to a fence, barricade or other thing
which obstructs a street or interferes with public travel on it shall be
removed by the person by whom the same has been built, maintained,
placed or deposited.
6.2
In default of such person removing same, the Municipality shall cause
the same to be removed and such person shall, upon demand, pay to
the Municipality the cost of such removal. If the structure or thing
removed by the Municipality is to be returned, the owner may be entitled
to redeem, upon producing appropriate identification and receipt of
payment of the cost of removal and storage fees if applicable.
7.
Authorized use of Streets under agreement
7.1
It shall be lawful for use to be made of a street pursuant to permission
granted under a statute, by the Council under a by-law, resolution or
agreement.
7.2
All authority conferred under this by-law is subject to the condition that
each person who exercises a right to use a street in the manner
provided
is liable to any person who consequently suffers injury or
loss and shall
indemnify the Municipality of Lambton Shores from
all such claims and
actions.
8.
Closing of Roads by the Municipality
8.1
The Municipality may close any street to public travel for the purpose of
repairing or improving it, or for the purpose of installing road works if a
reasonable temporary alternative route for traffic and local access is
provided.
8.2
When a street is closed to public travel for the purpose of repairing or
improving it, or for the purpose of installing road works, there will be
erected and maintained at each end of the portion of the street to be
closed:
(a)
A detour sign and barricade;
(b)
A notice that the street is closed to traffic; and
(c)
A warning device which is in good working order for use between
sunset and sunrise.
8.3
Every person who uses a street, or portion of a street so closed to traffic
does so at his own risk.
8.4
Every person who without lawful authority uses a street, or portion of a
street which has been closed to traffic in the manner provided above, or
who removes or defaces any barricade, device, detour sign or notice, is
guilty of an offence and is also liable for any damage or injury
occasioned by such wrongful use, removal or defacement.
9.
Removal of Snow and Icicles from a building or structure when hazardous
9.1
The owner of a lot having a building, structure, or sign situated on it in
such a manner as to represent a hazard from icicles, ice, or snow which
may fall from it onto the street or sidewalk shall remove such icicles, ice,
or snow from the building, structure or sign by 10 a.m. on any day which
is not a holiday as defined in the Retail Business Holidays Act.
9.2
If the owner does not remove such icicles, ice or snow from the building,
structure or sign as required by section 9.1, such icicles, ice or snow
may be removed at the direction of the Municipality without notice to and
at the expense of the owner of the land upon which the building,
structure or sign is located, and such costs may be recovered by action
or by adding the costs to the tax roll and collecting them in the same
manner as municipal taxes.
10.
Penalty Section
10.1 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 in the
Provincial Offences Act.
10.2 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, and
such order shall be in addition to any other penalty imposed on the
person convicted.
11.
Force and Effect
This by-law comes into force and effect on the date of the final passing.
12.
Previous By-laws Repealed
All by-laws listed in Schedule "B" of this by-law are repealed as of the final
passing
of this by-law.
Read a first and second time this 2nd day of May, 2005
"MAYOR - J. C. Ivey"
"CLERK - Carol McKenzie"
Read a third time and finally passed this 6th day of June, 2005
MAYOR - J. C. Ivey"
"CLERK - Carol McKenzie"
Amended by By-law 45 of 2014
Definitions and Section 3
SUMMARY OF SCHEDULES
Schedule "A" of
By-law 28 of 2005
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 in the Provincial Offences Act.
Schedule "B" of
By-law 28 of 2005
The following by-laws providing for the regulating of streets are hereby repealed as of
the final passing of By-law 28 of 2005:
Lambton Shores
By-law 34-2004
Bosanquet
By-law 20-1999
Forest
By-law 18a-1975
By-law 56-1981
Schedule "C" of
By-law 28 of 2005
Deposits Required
For moving heavy loads
$ 5,000.00
Road Bond
$ 1,500.00
SCHEDULE A TO BY- LAW 45 OF 2014
Schedule "D1" of
By-law 28 of 2005
RED LINES DENOTE AREAS WHERE SECTION 3 OF BY-LAW 28 OF 2005,
AS AMENDED, APPLIES
SCHEDULE A TO BY- LAW 45 OF 2014
Schedule "D2" of
By-law 28 of 2005
RED LINES DENOTE AREAS WHERE SECTION 3 OF BY-LAW 28 OF 2005,
AS AMENDED, APPLIES
The Corporation of the Municipality of Lambton Shores
Part II Provincial Offences Act
Title: Regulation of Streets By-law
ITEM
COLUMN 1
COLUMN 2
COLUMN 3
Short Form Wording
Offence Creating
Set Fine
Provision or Defining
SUGGESTED
Offence
1.
Obstruct any street or
Sidewalk
Section 2.a
$ 105.00
2.
Place, construct any object or
structure on, under or over
Section 2.b
$ 105.00
a street or sidewalk
3.
Deposit dirt, rubbish, snow,
Section 2.c
$ 105.00
ice or refuse on a street or
sidewalk
4.
Create or cause a public
Section 2.d
$ 105.00
nuisance on a street or
sidewalk
5.
Interfere with public travel or
use of a street or sidewalk
Section 2.e
$ 105.00
6.
Obstruct any ditch or
culvert
Section 2.f
$ 105.00
7.
Deposit snow or ice from
Section 2.g
$105.00
private property onto a street
or sidewalk
The penalty provision for the offence indicated above is Section 10.1 of By-law 28
of 2005, a certified copy of which has been filed.
Provincial Offences approved - December 15, 2005