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CITY OF NIAGARA FALLS
By-law No. 2025 - 016
A by-law to regulate the clearing of snow and ice from sidewalks within the City of Niagara
Falls.
WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, (the "Act")
authorizes municipalities to pass by-laws respecting matters related to health, safety, and
the well-being of persons;
AND WHEREAS Sections 8 and 9 of the Act provides for the interpretation and scope of
by-law making powers;
AND WHEREAS Section 55.1(1) of the Act provides that a lower municipality has
jurisdiction over sidewalks of an upper tier municipality;
AND WHEREAS Section 128 of the Act provides that a local municipality may 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 446 of the Act provides that where a municipality has the authority
by any act or by-law to direct or require a person to do a matter or thing, the municipality
may also provide that, in default of it being done by the person directed or required to do
so, the matter or thing shall be done at the person's expense and the municipality may
recover the costs of doing the matter or thing from the person required to do it, by action or
by adding the costs to the tax roll and collecting them in the same manner as taxes;
AND WHEREAS it is the desire of the Council of The Corporation of the City of Niagara
Falls to regulate snow and ice removal from public sidewalks with a view to ensuring the
safety of the public in respect to the public use of such sidewalks;
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1.
SHORT TITLE
1.1
This by-law may be cited as the "Sidewalk Snow Clearing By-Law".
2.
SCOPE
2.1
The provisions of this by-law shall be applicable on all lands and properties within
the limits of the City of Niagara Falls.
2.2
Council may, by way of resolution, grant exemptions from this by-law without
amending the by-law.
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3.
DEFINITIONS
3.1
In this by-law:
"City" means The Corporation of the City of Niagara Falls;
"Council" means the Council of The Corporation of the City of Niagara Falls;
"Municipal Law Enforcement Officer" means a person appointed by the City for
enforcement of its regulatory by-laws, or any person appointed or otherwise
delegated the authority of administration and enforcement of this by-law;
"Niagara Parks" means the Niagara Parks Commission;
"Owner" means the property owner or other person in control of, or who has an
interest as an owner/tenant, in the property adjacent to a public sidewalk;
"Public Sidewalk" means the municipal sidewalk, improved for the use of
pedestrians, located on a road allowance or street, owned by the City, the Niagara
Parks Commission, or the Regional Municipality of Niagara, adjacent to a property,
and includes a sidewalk used by the public along a road allowance, if the sidewalk
is, for whatever reason, located partially or wholly off the road allowance;
"Region" means The Regional Municipality of Niagara; and
"Street" means a highway, road, or other public right-of-way as defined by the
Highway Traffic Act and the Act but does not include a private lane or an unopened
road allowance.
4.
GENERAL PROVISIONS
4.1
Every Owner of property shall remove fallen snow and ice from the Public Sidewalk
adjacent to their property no later than 24 hours after the substantial end of a
snowfall or precipitation event, or the substantial end of a series of consecutive
snowfalls or precipitation events. Any ice that cannot be removed must be treated
with sand, salt, or a similar material to reduce slipperiness.
4.2
No person shall place or deposit snow or ice upon a Public Sidewalk.
4.3
No person shall place or deposit snow or ice on, or immediately adjacent to a fire
hydrant, or in any manner that obstructs access to a fire hydrant.
4.4
No person shall place or deposit snow or ice in the traveled portion of a highway in
a manner that obstructs vehicular travel.
4.5
No person shall place or deposit snow or ice in a manner that interferes with the
intended operation of any public utility, traffic control, fire route, building
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health/safety system, municipal Street, or municipal water/sewer system.
4.6
The City, Niagara Parks, and Region need not comply with Sections 4.2 through
4.6, in the course of Street and highway snow clearing operations for the immediate
benefit of the public.
4.7
Section 4.1. does not apply if a significant amount of snow or ice, as determined by
a Municipal Law Enforcement Officer, is placed or deposited upon the Public
Sidewalk by the City, Niagara Parks, Region or person other than the Owner.
5.
SNOW AND ICE REMOVAL BY CITY
5.1
The City shall ensure the clearing of Public Sidewalks adjacent to municipally
owned properties and along select sidewalks designated by Council in the City's
Winter Maintenance Policy Plan, or other policies and plans, updated from time to
time.
5.2
Where an Owner is in contravention of any provision of this by-law, the City, or a
Municipal Law Enforcement Officer, in addition to any other action, may send notice
to the Owner, requiring compliance with this by-law. In the event that a notice is
sent and the matter in the notice is not remedied to conform with the provisions of
this by-law within the time period set out in the notice, the City, its employees,
agents or contractors may enter upon any land and carry out the work required to
comply with this by-law, and may recover the costs in accordance with Section 446
of the Act.
5.3
Any notice given under this by-law may be given by ordinary mail or hand delivered
to the address of the subject property, or to the address of the Owner according to
the last Assessment Roll of the subject property, or the notice may be posted at the
subject property, and such service shall be deemed good and sufficient service.
5.4
Notwithstanding Section 5.1, the City, its employees, agents or contractors may,
without notice, perform any work necessary to comply with this by-law where there
is an immediate danger or threat to public safety, and recover costs as in Section
5.2.
5.5
Anything removed by this section may be deposited elsewhere on the subject
property.
6.
ADMINISTRATION, ENFORCEMENT AND RIGHT OF ACCESS
6.1
This by-law shall be administered and enforced by a Municipal Law Enforcement
Officer or any person appointed or otherwise delegated the authority of
administration and enforcement.
6.2
The Municipal Law Enforcement Officer may enter upon and within and inspect any
land, property, building or structure at any time to determine if any section of this
Commented [SM1]: ???
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by-law is complied with, or to determine if any condition, direction or order issued
pursuant to this by-law or the Act, or any court has been complied with.
6.3
The Municipal Law Enforcement Officer shall have inspection powers described in
Section 436 of the Act.
6.4
No person shall obstruct or hinder, or attempt to obstruct or hinder, a Municipal Law
Enforcement Officer, in the exercise of a power or the performance of a duty under
this by-law.
6.5
No person shall refuse to produce any documents or things required by a Municipal
Law Enforcement Officer under Section 6.3., and every person shall assist any
entry, inspection, examination, or inquiry by a Municipal Law Enforcement Officer.
6.6
No person shall knowingly furnish false information in any form to the Municipal Law
Enforcement Officer with respect to this by-law.
7.
OFFENCES AND PENALTIES
7.1
A person is guilty of an offence if the person,
(a) fails to comply with an order, direction, or other requirement under this by-law, or
(b) contravenes this by-law.
7.2
A director or officer of a corporation who knowingly concurs in the contravention of
this by-law by the corporation is guilty of an offence.
7.3
A person who is convicted of an offence under this by-law is liable to a fine of not
more than $10,000 for a first offence, and to a fine of not more than $20,000 for a
subsequent offence, where there has been a previous conviction under this by-law.
7.4
A person who is convicted of a continuing offence under this by-law is liable to a
fine of not more than $10,000 for each day or part of a day that the offence
continues.
7.5
Administrative Penalty By-law No. 2024-045 applies to each administrative penalty
issued pursuant to this by-law.
7.6
Any person who contravenes any provision of this by-law shall, upon issuance of a
penalty notice in accordance with Administrative Penalty By-law No. 2024-045, be
liable to pay to the City an administrative penalty in accordance with the penalties
as set out in Schedule "A" attached.
8.
VALIDITY
8.1
Should any section, clause or provision of this by-law be held by a court of
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competent jurisdiction to be invalid, the validity of the remainder of the by-law shall
not be affected.
9.
EFFECTIVE DATE
9.1
This by-law shall come into force and effect on October 1, 2026.
Read a First, Second and Third time; passed, signed and sealed in open Council this
Fourth day of February, 2025.
................................................................
...........................................................
WILLIAM G. MATSON, CITY CLERK
JAMES M. DIODATI, MAYOR
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Schedule "A"
Sidewalk Snow Clearing By-law 2025-XX
ITEM
COLUMN 1
SHORT FORM WORDING
COLUMN 2
OFFENCE
CREATING
PROVISION OR
DEFINING OFFENCE
COLUMN 3
SET FINE
1.
Fail to remove fallen snow from Public
Sidewalk
Section 4.1
$250.00
2.
Fail to remove fallen ice from Public
Sidewalk
Section 4.1
$250.00
3.
Place/deposit snow upon Public
Sidewalk
Section 4.2
$250.00
4.
Place/deposit ice upon Public Sidewalk
Section 4.2
$250.00
5.
Place/deposit snow/ice adjacent to fire
hydrant
Section 4.3
$250.00
6.
Place/deposit snow/ice in a manner to
obstruct access to fire hydrant
Section 4.3
$250.00
7.
Place/deposit snow on traveled portion
of highway obstructing traffic
Section 4.4
$250.00
8.
Place/deposit ice on traveled portion of
highway obstructing traffic
Section 4.4
$250.00
9.
Place/deposit snow/ice in a manner
than interferes with public utility
Section 4.5
$250.00
10.
Place/deposit snow/ice in a manner
that interferes with traffic control
Section 4.5
$250.00
11.
Place/deposit snow/ice in a manner
that interferes with fire route
Section 4.5
$250.00
12.
Place/deposit snow/ice in a manner
that interferes with building system
Section 4.5
$250.00
13.
Place/deposit snow/ice in a manner
that interferes with municipal street
Section 4.5
$250.00
14.
Place/deposit snow/ice in a manner
that interferes with municipal
water/sewer system
Section 4.5
$250.00
15.
Obstruction
Section 6.4
$250.00
16.
Fail to produce any documents/things
required by an Officer
Section 6.5
$250.00
17.
Furnish false information to an Officer
Section 6.6
$250.00