By-law No. 19-87, Being a By-law to Regulate the Use and Care of Municipal Right-of-Ways
Malahide, Ontario
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THE CORPORATION OF THE TOWNSHIP OF MALAHIDE
BY-LAW NO. 19- 87
Being a By-law to regulate the use and care of Municipal
Right -of -Ways.
WHEREAS section 9 of the Municipal Act, 2001 provides a municipality with the
capacity, rights, powers and privileges of a natural person for the purpose of exercising
its authority;
AND WHEREAS subsection 11( 3) of the Municipal Act, 2001 authorizes a
municipality to pass By- laws respecting highways;
AND WHEREAS sections 9, 11, 23. 1 and 23.2 of the Municipal Act, 2001
authorize a municipality to delegate its powers and duties;
AND WHEREAS sections 27 and 35 of the Municipal Act, 2001 authorize a
municipality to create a policy and/ or pass a By-law to prohibit or regulate the
construction, alternation, or change in use of any entranceway, gate, or other structure,
or facility that permits access to a roadway in respect of a highway in its jurisdiction or
under joint jurisdiction;
AND WHEREAS section 60 of the Municipal Act, 2001 authorizes a municipality
to enter upon land lying along a highway for the proposes of erecting and maintaining a
snow fence;
AND WHEREAS section 61 of the Municipal Act, 2001 authorizes a municipality
to enter upon land lying along a highway for the propose of naming the highway;
AND WHEREAS section 62 of the Municipal Act, 2001 authorizes a municipality
to enter upon land lying along a highway for the proposes of tree inspection and
trimming;
AND WHEREAS section 391 of the Municipal Act, 2001 authorizes a municipality
to impose fees or charges on any Person;
AND WHEREAS Part XIV of the Municipal Act, 2001 authorizes a municipality to
enforce its By- laws;
NOW THEREFORE
the Council of The Corporation of the Township of Malahide
HEREBY
ENACTS AS FOLLOWS:
Definitions
In this By- law:
a) " Access" means any private road, entranceway, structure or facility constructed
or used as a means of access, and may also be referred to as an " Entrance";
b) " Council" means council of the Township;
c) " Director" means the Director of Physical Services of the Township, or
authorized
representative
or designate;
d) " Driveway" means an Access within a Municipal Right -of -Way facilitating or
supporting vehicular travel ( continuous, intermittent or temporary) between the
Roadway and a private property;
e) " Municipal Right -of -Way" means land owned by the Township as opened or
unopened road allowances for the purposes of operating a public highway
under the Municipal Act, 2001, a public walkway, or public utilities, but excludes
Township lands owned or operated as parkland, creeks and watercourses, and
related public trail systems;
f) " Roadway" means that part of a Municipal Right -of -Way that is improved,
designed, or ordinarily used for vehicular traffic;
g) " Township" means The Corporation of the Township of Malahide or the
geographic
area, as the context requires;
h) " Vehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road -
building machine, bicycle, and any vehicle drawn, propelled or driven by any
kind of power, including muscular power, a motorized snow vehicle and/ or a
motorized all terrain vehicle.
General
Prohibitions
2. No person shall:
a) place equipment or materials of any kind upon or within a Municipal Right -of -
Way;
b) close a Municipal Right -of -Way in whole or in part;
c) undertake any activity that negatively impacts the use and function of a
Municipal Right -of -Way;
d) deface or place graffiti on any permitted features with a Municipal Right -of -
Way;
e) permit oils, chemicals or substances to be deposited or spilled on a Municipal
Right -of -Way including spillage of any substances from a vehicle;
f) encumber or damage a Municipal Right -of -Way by any means;
g) obstruct a drain, gutter, water course or culvert along or upon a Municipal
Right -of -Way;
h) throw, pile, store, or cause any material, including snow and ice, to be thrown,
piled or placed across or on a Municipal Right -of -Way;
i)
display or exhibit merchandise or articles of any nature kind within a Municipal
Right -of -Way;
Q) solicit or sell any real or personal property or merchandise with a Municipal
Right -of -Way;
k) excavate, drill, conduct seismic investigation, or conduct soil investigations
within a Municipal Right -of -Way;
1)
remove or alter any material, equipment or device placed within a Municipal
Right -of -Way by the Township or other government authority;
m) move or cause any building or structure to be moved into, along, or across a
Municipal Right -of -Way;
n) place or maintain any box for the dispensing of newspapers on any portion of
a Municipal Right -of -Way;
o) install or construct a culvert or any conduit within any Municipal Right -of -Way;
p) construct, widen, remove or alter any driveway or curb cut within a Municipal
Right -of -Way, save and except for routine maintenance required to maintain
good and safe condition;
q) allow any part of a tree, shrub, sapling, hedge or any other plant to extend
over or upon any Municipal Right -of -Way, so as to interfere with, impede or
endanger persons using the Municipal Right -of -Way;
r) injure or destroy, or cause to be injured or destroyed, a tree growing on any
Municipal Right -of -Way;
s) remove or cause to be removed a tree growing on any Municipal Right -of -
Way;
t) deface, tack, paste or otherwise attach a bill or note or any other thing or
object to a tree growing on any Municipal Right -of -Way;
u) construct, plant or maintain any form of garden or plant material within a
Municipal Right -of -Way;
v) discharge water directly onto a Municipal Right -of -Way in a manner that is
deemed hazardous;
w) congregate, sit or stand so as to obstruct the free passage of either
pedestrian or vehicular traffic on any walkway or Roadway regulated by this
By- law;
x) pull down, destroy, deface or in any way interfere with, any Township
infrastructure, including but not limited to, any post, surveyor' s mark, bench
mark, traffic sign, Roadway name sign, sign board, regulatory sign, traffic
signal, traffic cone, or any other traffic control device, affixed, or placed on a
Municipal Right -of -Way;
y) bring a vehicle upon a Municipal Right -of -Way unless there has been
removed from the wheels thereof as completely as is reasonably practicable,
all mud, clay, lime, and similar material, or any fertilizer or manure which is
likely, if not removed, to cause an obstruction or dangerous condition or
nuisance in a Municipal Right -of -Way or cause damage to the surface of the
Roadway;
z) load a vehicle or drive the same so as to permit or cause the contents thereof
to fall, spill or be deposited
upon or cause damage to a Municipal
Right -of -
Way
aa)
remove a barricade or notice or enter upon or use a Municipal Right -of -
Way temporarily closed under the provisions of this or any other Township
By-law; or
bb)
remove or move a barricade, sign or light placed around any excavation in
a Municipal
Right -of -Way.
Exemptions
3. The provisions of section 2 of this By-law shall not apply to:
a) an employee or an agent of the Township when engaged in the proper
delivery of a municipal service; and/ or
b) a Peace Officer engaged in the exercise of his or her duties.
4. The provisions of section 2 of this By- law shall not apply to a person who:
a) has permission to undertake a prohibited activity, such permission being in
the form of a Council By- law, Council resolution, plan approved by Council,
agreement approved by Council, or permit issued by Council or by the
Director pursuant to a policy approved by Council; and
b) complies with all conditions of the permission.
5. No person shall fail to comply with the terms and conditions of a permit issued by
the Council or by the Director pursuant to a policy approved by Council or of an
agreement approved by Council.
6. Where the cost of repairing and restoring the Municipal Right -of -Way exceeds
any amount held on deposit or posted as security pursuant to a condition to a
permit or agreement approved by Council, the excess amount of the costs shall
be a debt owing to the Township, and in addition to any other remedy available to
it, the Township may recover the excess amount of the costs by action or by
adding the excess amount of the costs to the tax roll of the permit holder's lands
and collecting them in the same manner as taxes.
Temporary Closing of Highways
7. The Director may temporarily close any Municipal Right -of -Way or portion thereof
as deemed appropriate by the Director:
a) for any period during the construction, repairing, improvement or maintenance
of such Municipal Right -of -Way or portion thereof or any works under, over,
along, across or upon such Municipal Right -of -Way or portion thereof;
b) for social, recreational, community, athletic or cinematographic purposes, or
combination of such purposes, subject to any direction of Council;
c) for any period due to emergency situations including emergency situations
arising from inclement weather, motor vehicle accidents, or fire.
8. The Director may cause to be erected or kept thereon any barricade or notice
warning the public that the Municipal
Right -of -Way is closed to traffic and no
person shall enter upon or use a Municipal Right -of -Way so temporarily closed.
9. The Director may require that a person who requests the temporary closure of a
Municipal Right -of -Way or part thereof for social, recreational, community,
athletic or cinematographic purposes, or combination of such purposes, as a
condition of the temporary closure, to:
a) enter into an agreement
with the Township to indemnify the Township;
b) provide a certificate of public liability insurance coverage, with a minimum
liability amount of three million dollars ($ 3,000, 000. 00) per occurrence,
naming the Township as an additional insured, and endorsed to provide 30
day notification to the Township of any alternation, revocation, cancellation, or
reduction in coverage; and/ or
c) satisfy the conditions determined by Council.
Access
and Entrance
Control
10. No person shall, without a permit issued by the Director in accordance with the
Township' s Entrance Control Policy,:
a) construct a new Entrance;
b) change the design of an existing Entrance;
c) change the use of an existing Entrance;
d) alter an existing Entrance, including resurfacing; and/ or
e) construct a temporary Entrance onto a Municipal Right -of -Way.
Road Occupancy
11. No person shall occupy any portion of a Municipal Right -of -Way without a permit
issued by the Director in accordance with the Township' s Municipal Right -of -Way
Occupancy Policy.
Entry onto Adjoining Land
12. The Director or an employee or an agent of the Township may enter upon any
land adjoining a Municipal Right -of -Way for the purpose of:
a) erecting and maintaining a snow fence;
b) installing and maintaining
a sign setting out the name of the Municipal Right -
of -Way;
c) inspecting trees and conducting tests on trees; and/ or
d) removing decayed, damaged or dangerous trees or branches of trees if, in
the opinion of the Director, the trees or branches pose a danger to the health
or safety of any person using the highway.
13. Tree trimming, tree removal, tree stump removal, and tree replacement shall be
done in accordance with the Township' s Tree Trimming, Removal, and
Replacement Policy.
Enforcement
14. The Director may:
a) remove any item, structure or material placed or deposited on a Municipal
Right -of -Way contrary
to this By- law;
b) take any necessary steps to repair or reinstate the Municipal Right -of -Way;
and
c) send notice to the owner or person responsible for the item, structure or
material that that object has been removed at the owner's expense.
15. The notice in section 14 may be given by personal service upon the person being
served, or by prepaid registered mail sent to the last address of the person being
served on the records of the Township.
16. The Township may recover expenses resulting from actions taken in accordance
with section 14 by action, or it may collect them in the same manner as municipal
taxes.
17. Any person who contravenes any provision of this By- law is, upon conviction,
guilty of an offence and is liable to any penalty as provided in the Provincial
Offences Act.
18. 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.
19. In the event that any provision or part of this By- law is found to be invalid or
unenforceable for any reason whatsoever, then the particular provision or part
thereof shall be deemed to be severed from the remainder of the By- law and all
other provisions or parts thereof shall remain
in full force and shall be valid and
enforceable to the fullest extent permitted by law.
Repeals
20. THAT By-law No. 99- 75 is hereby repealed in its entirety.
21. THAT this By-law comes into force and effect on the passing thereof and may be
cited as " Municipal Right -of -Way By-law"
READ a FIRST
and SECOND
time this / ` 7 th day of
0e_-- ,
2019.
READ 5,1
IRD time and FINALLY PASSED
this /%
th day of
OCj, ,
2019.
yor, D: Mennill
Clerk, M. Casavecchia- Somers