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The Corporation of the Township of Prince
By-Law 2019-38
Being a By-Law to Prohibit the
Depositing of Snow or Ice
on Any Municipal Roadway, Ditch or Property
Not Owed by Person Moving Snow or Ice
WHEREAS Section 10(2) of the Municipal Act, 2001, as amended, provides that a single-tier
municipaiity may pass by-laws respecting the health, safety and well-being of persons; and
WHEREAS Section 181 of the Highway Traffic Act, R.S.O. 1990, as amended, enables a
municipality to pass by-laws respecting depositing snow or ice on a roadway; and
WHEREAS Section 128 of the Municipal Act, 2001, as amended, allows a local municipality to
prohibit and regulate with respect to public nuisances, including matters that, in the opinion of
council, are or could become or cause public nuisance;
NOW THEREFORE the Council of the Corporation of the Municipality of Prince HEREBY
ENACTS AS FOLLOWS:
I.
DEFINITIONS
1.1
'Municipal Roadway' includes a common and public street, avenue, parkway,
driveway, square, place, bridge viaduct or trestle designed and intended for or
used by, the general public for the passage of vehicles.
2.
GENERAL PROVISIONS
2.1
No person shall deposit or cause to be deposited any snow or ice upon any portion
of any municipal roadway located within the territorial limits of the Corporation
of the Municipality of Prince.
2.2
No person shall relocate snow within the road allowance in such a manner as to
encroach on the cleared portion of the road allowance intended for vehicular
traffic, or what would result in the obstruction of normal visibility of the safe
movement of vehicular and/or pedestrian traffic on the road allowance.
2.3
No person shalt relocate snow in any municipal ditches.
2.4
No person shall relocate snow onto any property other than their own, including
property owned by the Municipality or any other privately-owned property.
3.
ENFORCEMENT
3.!
Any person who contravenes any of the provisions of this By-law is guilty of an
offence and, upon conviction, shall be subject to a fine or penalty of not more
than $5,000.00, exclusive of costs, and all such penalties shall be recoverable
under the Provincial Offences Act.
3.2
A court in which the conviction has been entered, or 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.
4.
VALIDITY
4.1
II a court of competent jurisdiction declares any provision any part of a provision,
in the By-Law to be invalid, or to be of no force and effect it is the intention of
Council in enacting this By-Law that each and every provision in this By-Law
authorized by By-Law that be applied and enforced in accordance with the terms
to the extent possible according to law.
5.
SHORT TITLE
5.1
This By-law may be cited as the Municipality of Prince "Snow and Ice Removal
By-Law".
6.
IMPLEMENTATION
6.1
This By-law shall come into force and effect on the date the Ministry of the
Attorney General approves the Set Fines under By-Law No. 20 19-38.
READ a FIRST and SECOND TIME this 10h day of December 2019.
Mayor, k. Lammina
19
(V
Clerk, P.
READ a THIRD TIME and PASSED this
I
day of December 2019.
--1
-
Mayo
K. Lamming
CIerk P. GEe\S
SCHEDULE "A"
THE CORPORATION OF THE MUNICIPALITY OF PRINCE
Attached to and forming part of By-Law No. 2019-38
SET FINES
"Part
1 Provincial Offences Act"
Municipality of Prince By-Law No. 20 19-38 Title: Snow and Ice Removal By-Law
Item #
Column
1
Column 2
Column 3
(Short Form Wording)
(Offence Creating
(Set Fines)
Provision)
1.
Deposit of snow or ice
Sec. 2.1
$100.00
upon municipal roadway
(bridge)
2.
Relocate snow or ice
Sec. 2.2
$100.00
within road allowance to
result in obstruction.
3.
Relocate snow or ice
Sec. 2.3
$100.00
within Municipal ditch.
4.
Relocate snow or ice
Sec. 2.4
$100.00
on Municipal or private
property, other than their
own.
'NOTE: the general penalty provision for the olTences listed above is Section 3 of By-Law No. 2019-38. a certified copy of
which has been filed and Section 6! of the Provincial Oflnces Act, R.S.O. 1990, c. P.33."