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By-law No. 2008-046
"A By-law to Regulate the Removal of Snow and Ice
from Streets and Buildings in the City of Owen Sound
and Repeal By-laws 1974-1, 1977-14 and 1989-191"
Originally Passed and Enacted April 28, 2008
Amended by By-law:
Passed On:
Not Amended
Consolidated Version
Revised and Verified February 18, 2014
Consolidated for Convenience Only
This is a consolidation copy of a City of Owen Sound By-law for convenience and
information. While every effort is made to ensure the accuracies of these by-laws,
they are not official versions or legal documents. The original by-laws should be
consulted for all interpretations and applications on this subject. For more
information or original signed copies of by-laws please contact the City Clerk's
Department.
BY-LAW NO. 2008-046
A BY-LAW TO REGULATE THE REMOVAL OF SNOW
AND ICE FROM STREETS AND BUILDINGS IN THE
CITY OF OWEN SOUND AND REPEAL BY-LAWS
1974-1, 1977-14 AND 1989-191
THE CORPORATION OF THE CITY OF OWEN SOUND
WHEREAS it is provided by the Ontario Municipal Act, S.O. 2001
Part II General Municipal Powers, Section 11 Broad authority, lower-tier and
upper-tier municipalities, the City of Owen Sound may pass by-laws protecting
the health, safety and well-being of persons
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
CITY OF OWEN SOUND HEREBY ENACTS AS FOLLOWS:
1.
SHORT TITLE
1.1
This By-law may be cited as the City of Owen Sound Snow Removal
By-law.
2.
DEFINITIONS
2.1
HIGHWAY includes a common and public highway, street, avenue,
parkway, crescent, court, public driveway, square, place, bridge,
viaduct or trestle, 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
2.2
OFFICER includes a Police Officer appointed pursuant to the Police
Services Act, a Municipal Law Enforcement Officer appointed
pursuant to the Municipal Act or Police Services Act, a Chief Building
Official appointed or constituted under the Building Code Act, or a
Building Inspector or a Property Standards Officer as appointed
under the Building Code Act.
3.
GENERAL PROVISIONS
3.1
Every owner or occupant of a vacant or occupied building
immediately adjoining any street in the City of Owen Sound shall
remove snow and ice from the roof of such building so as to prevent
the same from falling into any such street, or shall place a sufficient
barrier near the edge of the roof adjoining the street mentioned to
prevent snow or ice falling into the street.
3.2
Every owner or occupant of the ground floor
3.2.1
Both sides of 2nd Avenue East from 7th Street East to 11th Street
East
of a building or lands
including hallways, laneways or alleyways adjoining the sidewalks
on the streets and between the point set out below shall cause snow
and ice to be removed from the sidewalk adjoining such premises
and, so far as is practicable, shall keep such sidewalk free from
snow and ice
3.2.2
Both sides of 10th Street East from 1st Avenue East to 3rd Avenue
East
3.2.3
Both sides of 9th Street East from 1st Avenue East to 3rd Avenue East
3.2.4
Both sides of 8th Street East from 1st Avenue East to 3rd Avenue East
3.3
Snow and ice shall be removed as set out above in Section 3.2
within four (4) hours after every fall of snow which occurs during
the hours of daylight, and before nine (9) o'clock of the morning
following a snowfall where such snowfall occurs during the hours of
darkness Monday to Saturday.
Page 3
BY-LAW NO. 2008 - 046
3.4
Where the owner or occupant fails to remove snow and ice from the
sidewalk as required under the provisions of Section 3.2 the
Operations Department of the City may remove such snow and ice
and the cost and expense of such removal shall be collected and
recovered from the owner of such vacant premises in the same
manner as Municipal Taxes.
3.5
The Works Department shall apply salt to the sidewalks listed in
Section 3.2 above, when they deem it necessary.
3.6
No person, firm or corporation shall deposit or cause to be
deposited snow or ice upon any highway within the boundaries of
the Corporation of the City of Owen Sound from any private
property.
4.
ENFORCEMENT AND PENALTY
4.1
This by-law shall be enforced by the Enforcing Officers as defined
herein.
4.2
Any person who contravenes any provision of this By-law is guilty of
an offense and upon conviction therefore is subject to the penalty
set out in the Provincial Offences Act.
5.
SEVERABILITY
5.1
The terms and provisions of this By-law shall be severable and should
any term or provision be found by a court of competent jurisdiction to
be legally unenforceable, inoperative or invalid, the reminder of the
By-law shall continue to be in full force and effect.
6.
BY-LAWS REPEALED
6.1
By-law numbers 1974-1, 1977-14 and 1989-191 are hereby repealed.
7.
EFFECTIVE DATE
7.1
This By-law shall come into full force and effect upon the final passing
thereof and receipt of approval of short form wording under the
Provincial Offences Act.
FINALLY PASSED AND ENACTED this 28th day of April, 2008.
___Signature on File
Mayor
______________
__Signature on File
Clerk
_______________