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THE CORPORATION OF THE TOWN OF OAKVILLE
BY-LAW NUMBER 2024-002
A by-law to regulate the use of any municipal right of way within the Town of Oakville
and to repeal By-law 2009-072, as amended, By-law 2015-105 and By-law 2012-116
and to amend By-law 2019-030, By-law 2021-038 and By-law 2022-031
.
WHEREAS it is deemed prudent to update and consolidate the Town of Oakville
("Town") Municipal Rights Of Way ("MRW") By-Law;
WHEREAS subsection 8(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
hereinafter the ("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;
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 Municipal Act;
WHEREAS section 11(3)1. of the Municipal Act, 2001, S.0. 2001, c. 25, as amended
(the "Municipal Act, 2001"), authorizes a municipality to pass bylaws respecting
highways, including parking and traffic on highways;
WHEREAS subsection 23.2(1)(c) of the Municipal Act, 2001, permits a municipality to
delegate certain legislative and quasi-judicial powers to an individual who is an officer,
employee or agent of the municipality;
WHEREAS subsection 23.2(4) of the Municipal Act, 2001 limits the ability to delegate
such powers to such an individual except where, in the opinion of council of the
municipality, the power being delegated is of a minor nature;
WHEREAS section 27(1) of the Municipal Act, 2001 states that a municipality may pass
bylaws in respect of a highway only if it has jurisdiction over the highway;
WHEREAS section 35 of the Municipal Act, 2001 states that a municipality may pass
bylaws removing or restricting the common law right of passage by the public over a
highway and the common law right of access to the highway by an owner of land
abutting a highway;
WHEREAS section 128 of the Municipal Act, 2001 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 public nuisances;
By-Law Number: 2024-002
Page 2
WHEREAS subsection 391(1) of the Municipal Act, 2001, provides that a municipality
may pass by-laws imposing fees or charges on any person for services or activities
provided by the municipality or done on behalf of it;
WHEREAS section 425 of the Municipal Act, 2001 provides that a municipality may pass
bylaws providing that a person who contravenes a bylaw of the municipality is guilty of
an offence;
WHEREAS subsection 429 (1) of the Municipal Act, 2001, provides that a municipality
may establish a system of fines for a by-law passed under the Act;
WHEREAS section 436 (1) of the Municipal Act, 2001 provides that a municipality has
the power to pass bylaws providing that the municipality may enter on land at any
reasonable time for the purpose of carrying out an inspection to determine whether or
not a bylaw of the municipality is being complied with;
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;
WHEREAS section 446 of the Municipal Act, 2001, provides that a municipality may
proceed to do things at a person's expense which that person is otherwise required to do
under a by-law but has failed to do and the costs incurred by a municipality may be
recovered by adding the costs to the tax roll and collecting them in the same manner as
taxes;
By-Law Number: 2024-002
Page 3
TABLE OF CONTENTS
1.
Definitions
4
2.
Prohibitions
7
3.
Exemptions
9
4.
Delegation of Authority
9
5.
Permits
10
6.
Revocation of Permits
12
7.
Order
12
8.
Administrative Penalties (AMPS)
12
9.
Service of Penalty Notices and Other Notices
13
10. Offence
13
11. Inspection
14
12. Removal of Items Located in the Municipal Right of Way
15
13. Removal of Hazardous Condition
16
14. Remedial Action
16
15. Fees and Charges
17
16. Transitional Provisions
17
17. Severability
17
18. References
17
19. Repeal
17
20. Title
18
21. Effective Date
18
By-Law Number: 2024-002
Page 4
COUNCIL ENACTS AS FOLLOWS:
1.
Definitions
In this by-law:
a)
"Administrative Penalties for Non-Parking Violations and Orders By-
law" means By-law 2021-038, or successor by-laws;
b)
"Alteration or Alter" means the actions of removal, replacement, widening,
narrowing or abandoning;
c)
"Boulevard" means all parts of a municipal right of way save and except the
roadway, curb, and shoulder;
d)
"Busker" means a person or a group of persons who play, act, sing or
otherwise perform or entertain for reward or payment in or upon any
municipal right of way;
e)
"Council" means the Council for the Corporation of the Town of Oakville;
f)
"Curb Cut" or "Depressed Curb" means a curb that is cut/graded down from
the top of the curb to the surface of an adjoining road;
g)
"Director of Transportation and Engineering" means the Town's Director
of Transportation and Engineering or designate;
h)
"Director of Municipal Enforcement Services" means the Town's Director
of Municipal Enforcement Services or designate;
i)
"Director of Roads and Works" means the Town's Director of Roads and
Works or designate;
j)
"Driveway Apron" 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;
k)
"Encroachment" means any type of vegetation, structure, building, man-
made object or item of personal property of a person which exists wholly
upon or extends from that person's premises onto Town property and shall
include any aerial, surface, or subsurface encroachments;
l)
"Encroachment Agreement" means an agreement prepared by the Town
for execution by the Town and a person, by which such person is granted
authorization to erect, place, or maintain an encroachment on Town
property;
By-Law Number: 2024-002
Page 5
m)
"Emergency" means an unforeseen situation where immediate action must
be taken to preserve the environment, public health, safety or an essential
service as approved by the Director of Transportation and Engineering, the
"Director of Municipal Enforcement Services or the Director of Roads and
Works;
n)
"Graffiti" means one or more letters, symbols, marks, pictorial
representations, messages or slogans howsoever made within the municipal
right of way, but does not include the following:
i) a sign, public notice or traffic control mark authorized by the Town, the
Regional Municipality of Halton or the federal or provincial government; or
ii) a sign authorized pursuant to a permit issued under the Sign By-law;
o)
"Hazard" or "Hazardous" means a potential source of harm or adverse
health effect on a person;
p)
"Inspector" means any employee of the Town, who is authorized by Council
or a Director to enforce the by-laws of the Town and in particular who are
authorized to enforce this by-law;
q)
"Municipal Infrastructure" means all physical improvements that provide
roads, laneways, boulevards, sidewalks, walkways, sanitary sewer, storm
sewer, water service;
r)
"Municipal Right of Way" means land owned by the Town as opened or
unopened road allowances for the purposes of a public highway under the
Municipal Act, 2001, but excludes Town lands owned or operated as
parkland, creeks and watercourses, and related public trail systems;
s)
"Newspaper or Media" shall include any publication containing news,
current events, feature articles or advertising;
t)
"Newspaper or Media Box" means any structure or container for the
purposes of distributing newspapers or media;
u)
"Obstruct(ion)" means to block, prevent, hinder, encumber, damage, foul,
stop-up or close;
v)
"Officer" means any person authorized by the Town to enforce by-laws and
includes Municipal Law Enforcement Officers, Mobile Compliance Officers,
provincial offences officers, Halton Regional Police Officers;
w)
"Penalty Notice" means a notice issued pursuant to the provisions of the
Administrative Penalties for Non-Parking Violations and Orders By-law;
x)
"Permit" means a permit issued under this By-law;
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Page 6
y)
"Person" means an individual, firm, company, corporation, sole
proprietorship, association or partnership and includes an applicant for a
permit under this By-law, as the context requires;
z)
"Provincial Offences Act" means Provincial Offences Act, R.S.O. 1990, c.
P.33, as amended
aa)
"Rates and Fees Schedule" means the current annual rates and fees
schedule approved by Council;
bb)
"Roadway" means that part of the municipal right of way that is improved,
designed or ordinarily used for vehicular traffic;
cc)
"Sidewalk" means that part of a municipal right of way outside of the
roadway that is intended for the use of pedestrians or others as specifically
authorized by Council from time to time;
dd)
"Sign By-law" means Sign By-law 2018-153, as amended from time to time,
or any successor by-law;
ee)
"Solicit" means to request, in person, the immediate provision of money or
another thing of value, regardless of whether consideration is offered or
provided in return, using the spoken, written or printed word, a gesture or
other means.
ff)
"Special Event" means a one-time, infrequent or non-routine occurrence,
activity or group of activities planned to mark a special occasion or to
achieve specific social, cultural, or economic objectives;
gg)
"Town" means the municipal Corporation of the Town of Oakville or the
geographic area of Oakville as the context requires;
hh)
"Utility" means any essential service including water, sanitary sewer, storm
sewer, artificial or natural gas, hydro, steam or hot water, telephone, internet
or any telecommunications including cable TV and satellite services located
in whole or in part within the municipal right of way;
ii)
"Vehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road-
building machine, bicycle, scooter, and any other vehicle operated drawn,
propelled or driven by any kind of power, including muscular power, but does
not include a motorized snow vehicle or a streetcar;
jj)
"Walkway" means that part of a private walkway that extends into the municipal
right of way;
By-Law Number: 2024-002
Page 7
2.
Prohibitions
2.1
No person shall obstruct any municipal right of way by any means
whatsoever, unless authorized by the provisions of this By-law or by any
other by-law of the Town or by a permit issued by the Town.
2.2
No person shall, unless specifically authorized by this By-law or by a permit
issued by the Town:
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 any structure or place graffiti within a municipal right of way;
e) permit or allow oils, chemicals or substances to be deposited or spilled on
a municipal right of way;
f) encumber or damage a municipal right of way by any means;
g) permit or allow any materials to be transferred from private property onto
or across a municipal right of way by any means including natural forces;
h) obstruct a drain, gutter, water course or culvert along or upon a municipal
right of way;
i) cause any material to be thrown, piled or placed across or on a municipal
right of way including;
(i) to deposit snow or ice in such a manner as to obstruct access to
any fire hydrant within the municipal right of way;and
(ii) to deposit snow or ice so as to interfere with the safe passage
of vehicles or pedestrians within the municipal right of way;
j) perform as a busker in a municipal right of way;
k) display or exhibit merchandise or articles of any nature or kind within a
municipal right of way;
l) sell any real or personal property or merchandise within a municipal right
of way;
By-Law Number: 2024-002
Page 8
m) solicit within a municipal right of way;
n) remove or alter any material, equipment or device placed within a
municipal right of way;
o) move or cause any building or structure to be moved into, along, or across
a municipal right of way;
p) place or maintain any newspaper box on any portion of a municipal right
of way;
q) install or construct a culvert within any municipal right of way;
r) construct, widen, remove or alter any driveway or curb cut within a
municipal right of way;
s) cut into or excavate any portion of a municipal right of way for the purpose
of, but not limited to, installing service and utility connections, boreholes,
monitoring wells, test pits;
t) allow any part of a tree, shrub, sapling, hedge or any other plant to extend
over or upon any municipal right of way;
u) discharge water directly onto a municipal right of way, except for the
purpose of discharging water from a swimming pool or a sump pump;
v) congregate, sit, lie or stand so as to obstruct the free passage of either
pedestrian or vehicular traffic on any sidewalk or roadway;
w) pull down, destroy, deface or in any way interfere with, any municipal
infrastructure, including but not limited to, any post, surveyor's mark,
benchmark, 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;
x) permit any flood light to directly or indirectly illuminate 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; or
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.
By-Law Number: 2024-002
Page 9
2.3
No owner or operator of a parking garage, parking lot, used car lot,
automobile service station or mechanical car wash shall permit water used for
washing or cleaning a motor vehicle to escape upon, overflow or run across
or upon a municipal right of way.
3.
Exemptions
3.1
The prohibitions contained in this By-law do not apply to:
a) an employee or an agent of the Town when engaged in the proper
delivery of a municipal service;
b) the Regional Municipality of Halton, their agents and employees, and
persons and organizations authorized by them in writing, from depositing
material upon, or excavating, any municipal right of way within the Town,
in the course of emergency work, providing that all appropriate safety
precautions are employed and that the municipal right of way is
rehabilitated to the satisfaction of the Director of Transportation and
Engineering once the work is complete;
c) any sign that is erected or displayed in compliance with the Town's Sign
By-law 2018-153, as amended from time to time; or
d) boulevard gardens installed and maintained by a property owner in the
boulevard immediately abutting the owner's property in accordance with
the Town's Boulevard Gardening Procedure, as amended from time to
time.
3.2
Notwithstanding subsection 2.2 r) of this By-law, a driveway within an
unassumed plan of subdivision may be constructed in accordance with the
approved plans for that subdivision; and
3.3
Notwithstanding subsection 2.2 r) of this By-law, an owner of a driveway
apron is required and permitted to perform routine maintenance on the
portion of their driveway apron that is permitted within the municipal right of
way, so as to maintain it in good and safe condition.
4.
Delegation of Authority
4.1
Council hereby delegates the authority to issue or refuse to issue permits for
municipal right of way activities, signs and encroachments to the Director of
Transportation and Engineering or the Director of Municipal Enforcement
Services, which delegation may be revoked at any time without notice.
4.2
Notwithstanding subsection 4.1 of this By-law:
By-Law Number: 2024-002
Page 10
a) Council, the Director of Transportation and Engineering, and the Director
of Municipal Enforcement Services may exercise the authority to issue or
refuse to issue permits for municipal right of way activities, signs and
encroachments on municipal rights of way;
b) Council shall exercise the authority to issue or refuse to issue permits for
municipal right of way activities, signs and encroachments on municipal
rights of way where:
i.
the Director of Transportation and Engineering or the Director of
Municipal Enforcement Services refers the matter to Council; or
ii.
any member of Council, in writing, asks the Director of
Transportation and Engineering or the Director of Municipal
Enforcement Services to refer a permit matter to Council.
4.3
In exercising delegated authority under subsections 4.1 or 4.2 or 5.1 or 5.2 to
issue or refuse Permits, Council, the Director of Transportation and
Engineering or the Director of Municipal Enforcement Services as the case
may be, shall first be sure there are no outstanding penalties owed to the town
and then consider the impact of permitting the requested municipal right of
way activities, signs and encroachments on municipal rights-of-way on:
a) public health, safety and welfare;
b) traffic patterns and emergency access/egress routes;
c) fire and emergency response times in and around the area;
d) municipal services, in particular transit services; and
e) area businesses and residents;
5.
Permits
5.1
Permits for municipal right of way activities, signs and encroachments may be
issued by the Director of Transportation and Engineering or the Director of
Municipal Enforcement Services.
5.2
Any such Permits issued under section 5.1 for activities, signs and
encroachments covered by the following Town Procedures shall be issued in
accordance with the following Town Procedures, as amended from time to
time:
a) Excavation and Temporary Street Occupation Permit Procedure;
b) Newspaper Box Permit Procedure;
c) Driveway Permit Procedure;
d) Encroachment Agreement Procedure;
e) Boulevard Gardening Procedure; and
By-Law Number: 2024-002
Page 11
f) Any other Town Procedures that may be added from time to time under
the Municipal Right of Ways By-Law and the Use of Municipal Right of
Ways and Municipal Parking Lot Policy.
5.3
No person shall fail to comply with the terms and conditions of a permit
issued in accordance with this Municipal Right of Way By-Law and any Town
Procedures thereunder.
5.4
The Director of Transportation and Engineering or the Director of Municipal
Enforcement Services may impose terms and conditions on a permit at the
time of issuance.
5.5
The Director of Transportation and Engineering or the Director of Municipal
Enforcement Services may issue a permit if all provisions of this By-law, any
applicable Procedure and any other applicable law have been complied with.
5.6
Where a sticker or other evidence of a permit issued by the Town is provided
to a person by the Director of Transportation and Engineering or the Director
of Municipal Enforcement Services, such proof shall be affixed to one display
surface of the permitted item in a manner that is clearly visible from the street
or produce a copy when required by a town inspector or municipal
enforcement officer. The sticker or other evidence of a permit must be on-site
for the duration of the permit.
5.7
Permit fees may be collected and refunded in whole or in part pursuant to the
Town's Rates & Fees schedule.
5.8
The applicant for a permit under this By-law is required to provide a security
deposit to the Town in accordance with the Town's applicable permit
procedure.
a) A person undertaking work within the municipal right of way with or
without a permit, causing damage to the municipal right of way or
municipal infrastructure in the municipal right of way is responsible for the
cost of repairing and restoring the municipal right of way or the affected
municipal infrastructure in the municipal right of way.
b) Where the cost of repairing and restoring the municipal right of way or the
affected municipal infrastructure exceeds any amount held on deposit or
posted as security, the excess amount of the costs shall be a debt owing
to the Town, and in addition to any other remedy available to it, the Town
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.
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Page 12
6.
Revocation of Permits
6.1
The Director of Transportation and Engineering or the Director of Municipal
Enforcement Services may revoke a permit under any of the following
circumstances:
a) where the permit has been issued in error or on the basis of false,
mistaken, incorrect or misleading information or undertakings provided to
the Town;
b) where the permit does not conform to this By-law or any conditions of
approval under this By-law, or any other applicable law within the
jurisdiction of the Town; or
c) where the permit holder is not complying with any or all conditions
imposed or not complying with the terms, promises, plans or covenants
contained in the application or upon which the application's approval was
based.
6.2
Where a breach of any of the provisions of this By-law causes a permit to be
revoked or withdrawn, no portion of the cost of such permit will be refundable.
7.
Order
7.1
Where an Officer has reasonable grounds to believe that a contravention of
this By-law has occurred, the Officer may issue an order to the person
contravening this By-law in accordance with the provisions of the
Administrative Penalties for Non-Parking Violations and Orders By-law.
7.2
Any person who contravenes an Order issued pursuant to section 7.1 of this
By-law is guilty of an offence.
8.
Administrative Penalties (AMPS)
8.1
This By-law is a Designated By-law under the Administrative Penalties for
Non-Parking Violations and Orders By-law.
8.2
An Officer who finds or has reasonable cause to believe that a person has
contravened any provision of this By-law, including any Procedures, may
issue a penalty notice to the person in accordance with the provisions of the
Administrative Penalties for Non-Parking Violations and Orders By-law.
8.3
Each person who has been issued a penalty notice shall, upon issuance of
the penalty notice, be liable to pay an administrative penalty to the Town in
the amount of $300 or as revised in the Town's Rates and Fees schedule.
By-Law Number: 2024-002
Page 13
8.4
If an Officer has issued a penalty notice under subsection 8.2 of this By-law
and has reasonable cause to believe that the same person has contravened
the same provisions of this By-law, including any Procedures, for a second
time within twenty-four (24) months of the date the first penalty notice is
deemed to be served, the Officer may issue a second penalty notice to the
person.
8.5
Upon issuance of the second penalty notice, the person shall be liable to pay
an administrative penalty to the Town in the amount of $400 or as revised in
the Town's Rates and Fees schedule.
8.6
If an Officer has issued a penalty notice under subsection 8.4 of this By-law
and has reasonable cause to believe that the same person has contravened
the same provision of this By-law, including any Procedures, for a third or
subsequent time within twenty-four (24) months of the date the second
penalty notice is deemed to be served, the Officer may issue a third or
subsequent penalty notice to the person.
8.7
Upon issuance of a third or subsequent penalty notice, the person shall be
liable to pay an administrative penalty to the Town in the amount of $500 or
as revised in the Town's Rates and Fees schedule.
8.8
A person who has been issued a penalty notice under this By-law may
request a review of the penalty notice in accordance with the Administrative
Penalties for Non-Parking Violations and Orders By-law.
9.
Service of Penalty Notices and Other Notices
9.1
Service of any penalty notice, order, or any other notice may be given as
specified in the Administrative Penalties for Non-Parking Violations and
Orders By-law.
10. Offence
10.1 Every person who contravenes any provision of this By-law, including failing
to comply with an Order made under this By-law, is guilty of an offence and is
liable to a fine, and such other penalties, as provided for in the Provincial
Offences Act and the Municipal Act, 2001.
10.2 Any person who is charged with an offence under this By-law including failing
to comply with an Order issued pursuant to this By-law including every
director or officer of a corporation, who knowingly concurs in the
contravention who is charged by the laying of an information under Part III of
the Provincial Offences Act is guilty of an offence and if found guilty of the
offence is liable pursuant to the Municipal Act, 2001to the following:
a) on a first offence, to a fine not more than $50,000.00; and
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Page 14
b) on a second offence and each subsequent offence, to a fine of not more
than $100,000.00
10.3 Every person who is issued a Part 1 offence notice or summons and is
convicted of an offence under this By-law shall be subject to a fine, to a
maximum as provided for in the Provincial Offences Act.
10.4 Upon conviction any fine imposed under this By-law may be collected under
the authority of the Provincial Offences Act.
10.5 If a person is convicted of an offence under this By-law, the court in which the
conviction has been entered and any court of competent jurisdiction may, in
addition to any other remedy and to any penalty imposed, make an order
prohibiting the continuation or repetition of the offence by the person
convicted.
11. Inspection
11.1 The Director of Transportation and Engineering or the Director of Municipal
Enforcement or an Officer or an Inspector may, at any reasonable time, enter
and inspect the municipal right of way to determine whether this By-law, an
order issued under this By-law, or a permit or a condition of a permit issued
under this By-law is being complied with.
11.2 For the purposes of conducting an inspection pursuant to subsection 11.1 of
this By-law, an Officer or an Inspector may:
a) require the production for inspection of documents or things relevant to
the inspection;
b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
c) require information from any person concerning a matter related to the
inspection; and
d) alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purposes of the inspection.
11.3 No person shall hinder or block, or attempt to hinder or block, any person who
is exercising a power or performing a duty under this By-law.
11.4 Where an Officer or an Inspector has reasonable grounds to believe that an
offence has been committed by a person, the Officer or the Inspector may
By-Law Number: 2024-002
Page 15
require the name, address and proof of identity of that person, and the person
shall supply the required information.
11.5 Any person who contravenes subsection 11.3 or 11.4 of this By-law is guilty
of an offence.
12. Removal of Items Located in the Municipal Right of Way
12.1 The Director of Municipal Enforcement Services or the Director of Roads and
Works may pull down or remove any item located in a municipal right of way
where such item:
a) is located in contravention of this By-law; or
b) is deemed to constitute a safety hazard.
12.2 The Director of Municipal Enforcement or the Director of Roads and Works
shall return items which have been seized to the item's owner or authorized
agent upon payment of the fees specified in the rates and fees schedule,
provided:
a) the item's owner has contacted the Director of Municipal Enforcement
Services or the Director of Roads and Works to make an appointment for
the retrieval of the item; and
b) the item's owner or authorized agent presents acceptable government
issued identification and an authorization letter, where applicable, when
retrieving items.
12.3 Any item that has been seized and is not retrieved by the item's owner or
authorized agent within thirty (30) days of the date of removal may be
destroyed by the Director of Municipal Enforcement Services or the Director
of Roads and Works.
12.4 The Town is not financially responsible for any item that has been removed
from a municipal right of way in contravention of this By-law.
12.5 Where the action of a person contravenes this by-law and that action poses a
danger to the public, despite section 7.1, and even if a penalty notice is
issued under 8.2, the Director of Municipal Enforcement Services or the
Director of Roads and Works may immediately take the following action:
a) remove any item, structure or material placed or deposited on a municipal
right of way contrary to this by-law and take any necessary steps to repair
or reinstate the municipal right of way; and
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Page 16
b) send a notice to the owner or person responsible for the item, structure or
material that the object has been removed at the owner or person's
expense;
12.6 The Town may recover expenses resulting from actions taken in Sections 12
and 13 of this by-law by action, or in like manner as municipal taxes.
13. Removal of Hazardous Condition
13.1 If an Officer or an Inspector determines that an obstruction of a municipal
right of way is or may create a hazardous condition to the safety of any
person using the right of way, the Officer or Inspector may take any action
necessary, without notice, to have the obstruction immediately removed and
the municipal right of way repaired, if necessary. All the costs incurred by the
Town in undertaking this work shall be expenses owed to the Town by the
owner of the property and/or the contractor from which the obstruction comes,
relates to, or was created for.
13.2 Where any part of a tree, shrub, sapling, hedge or any other vegetation
interferes with a traffic control signal, STOP or YIELD sign, the Town is not
required to provide notice to the adjoining owner or occupier of the land
before removing any portion of the tree, shrub, sapling, hedge or other
vegetation that extends into the municipal right of way from the adjoining
property.
14. Remedial Action
14.1 If a person fails to do a matter or thing, including complying with an order
under this By-law, as directed or required by this By-law, the Town may, in
default of it being done by the person directed or required to do it, do the
matter or thing at the person's expense. The Town may recover the costs of
doing a matter or thing from the person directed or required to do it by action
or by adding the costs to the tax roll and collecting them in the same manner
as municipal taxes.
14.2 The costs outlined in subsection 14.1 of this By-law shall include interest
calculated at a rate of fifteen (15) per cent per annum, calculated for the
period commencing on the day the Town incurs the costs and ending the day
the costs, including interest, are paid in full.
14.3 The amount of the costs, including interest, constitutes a lien on the land
upon the registration of a notice of lien in the proper land registry office. The
lien is in respect of all costs that are payable at the time the notice is
registered plus interest accrued to the date the payment is made. Upon
receiving payment of all costs payable plus interest accrued to the date of
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payment, the Town shall register a discharge of the lien in the proper land
registry office.
14.4 Where the cost of repairing and restoring the municipal right of way exceeds
any amount held on deposit or posted as security, the excess amount of the
costs shall be a debt owing to the Town, and in addition to any other remedy
available to it, the Town 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 municipal taxes.
15. Fees and Charges
15.1 Council may, from time to time, impose fees and charges to recover costs in
relation to the administration and enforcement of this By-law.
16. Transitional Provisions
16.1 If a permit or permit renewal had been issued under the provisions of By-law
2009-072, as amended, the permit or permit renewal continues to apply for
the term of that permit or permit renewal.
16.2 Permits or permit renewals issued after the date that this By-law comes into
force must comply with the requirements of this By-law.
16.3 If an order or a penalty notice or a charge had been issued or laid under the
provisions of By-law 2009-072, as amended, prior to the date of the passage
of this by-law, the order or penalty notice or charge concerned shall continue
and be dealt with in accordance with the provisions of By-Law 2009-072 as
amended as existed on the day prior to the date of passage of this By-law
17. Severability
17.1 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.
18. References
18.1 References in this By-law to any legislation or by-law means as may be
amended or replaced from time to time and includes any regulations
thereunder.
19. Repeal
By-Law Number: 2024-002
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19.1 By-laws 2009-072, 2015-105 and 2012-116 are hereby repealed. By-law
2019-030 is hereby amended to remove Schedule "F". By-law 2021-038 is
hereby amended to remove Schedule "H". By-law 2022-031 is hereby
amended to remove Schedule "H".
20. Title
20.1 This by-law may be cited as the "Municipal Right of Way By-Law."
21. Effective Date
21.1 This by-law comes into force and effect on the day it is passed.
PASSED this 18th day of November, 2024
______________________________
____________________________
Rob Burton
Mayor
Vicki Tytaneck
Town Clerk