Streets and Related Matters By-law 2008-131 (Office Consolidation, May 1 2024)
Sault Ste. Marie, Ontario
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May 01, 2024
THE CORPORATION OF THE CITY OF SAULT STE. MARIE
BY-LAW 2008 - 131
STREETS: (S.2.1.) A by-law respecting streets and related matters.
The COUNCIL of The Corporation of the City of Sault Ste. Marie, ENACTS as follows:
WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the "Act"), s. 8, provides that
the powers of a municipality shall be interpreted broadly so as to confer broad authority on the
municipality to enable the municipality to govern its affairs as it considers appropriate and to
enhance the municipality's ability to respond to municipal issues;
AND WHEREAS the Act, s. 9, provides that a municipality has the capacity, rights, powers, and
privileges of a natural person for the purpose of exercising its authority;
AND WHEREAS paragraph 1 of subsection 10(2) of the Act provides that a municipality may
pass by-laws respecting public assets of the municipality acquired for the purpose of exercising its
authority under this or any other Act; economic, social and environmental well-being of the
municipality, including respecting climate change; health, safety and well-being of persons;
AND WHEREAS the Act, s. 128, 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 offences and penalty provisions for contraventions are as set out in section 425,
429 and 431 of the Act;
AND WHEREAS the Act, s. 445, provides that if a local municipality is satisfied that a
contravention of a by-law has occurred, the municipality may make an order requiring the person
who contravened the by-law or who caused or permitted the contravention or the owner or occupier
of the land on which the contravention occurred to do work to correct the contravention;
AND WHEREAS Municipal Council of The Corporation of the City of Sault Ste. Marie deems
city property and boulevard maintenance regulations necessary to prevent nuisances and the
accumulation of waste, debris, and refuse, and also permit regulated use of boulevards for gardens.
NOW THEREFORE the Council Of The Corporation Of The City Of Sault Ste. Marie hereby
ENACTS as follows:
[enacted by By-law 2024-65]
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SECTION 1
1.
TITLE
This by-law may be cited as "Streets and Related Matters By-law". [amended by By-law
2023-145]
SECTION 2
2.
DEFINITIONS
In this by-law,
(1)
"Boulevard means that part of the street lying between the curb or edge of the
roadway and the street line, exclusive of the area covered by a municipal sidewalk;
and
(a)
"Inside Boulevard" means that part of a boulevard lying between a
municipal sidewalk and the street line;
(b)
"Outside Boulevard" means that part of a boulevard lying between a
municipal sidewalk and the curb or edge of the roadway;
(2)
"Chief Building Official" means the person so appointed from time to time by the
Council (the Chief);
(3)
"Chief of Police" means the Chief of Police of the Police Service of the City;
(4)
"City" means the City of Sault Ste. Marie;
(5)
"Corporation" means The Corporation of the City of Sault Ste. Marie;
(6)
"Council" means the Council of the Corporation;
(7)
"Curb, Depressed" means a curb in the street that has been cut or shaved or has
been specifically constructed to facilitate the passage of vehicles from a roadway
to a driveway;
(8)
"Defined Downtown" has the same meaning as defined in Section 2 of the City's
Zoning By-law 2005-150. [amended by By-law 2019-122]
(9)
"Driveway" means that part of a street lying between the roadway and the street
line, excluding any area covered by a sidewalk, that is used to provide vehicular
access between the roadway and the property adjoining the street and including a
ramp;
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(10)
"Driveway,
Low
Volume" means a driveway which in the opinion of the
Deputy CAO - Public Works and Engineering or their designate [amended by By-
law 2023-145] is or is intended to be used by not more than 100 vehicles per hour;
(11)
"Driveway, High Volume" means a driveway other than a low volume driveway;
(12)
"Lateral" means a service drain and including any connection or intended
connection to a sewer;
(13)
"Property Line" means the line dividing two adjacent properties in separate
ownership;
(14)
"Ramp" means a sloping platform in a street extending from the curb or roadway
to the sidewalk or street limit;
(15)
"Roadway" means that part of a street designed or intended for use by vehicular
traffic;
(16)
"Sewer" means any sanitary, storm or combination sewer owned by the
Corporation;
(17)
"Sidewalk" means a sidewalk owned and maintained by the Corporation;
(18)
"Sidewalk, Depressed" means a sidewalk that has been specifically constructed and
sloped for vehicular access as part of a driveway to facilitate the passage of vehicles
from a roadway to private property;
(19)
"Small overhead fixtures" means hanging planters, flags and small light fixtures,
and may include other objects of like size and nature capable of being installed
safely with the same building permit scope as the items listed herein. [amended by
By-law 2019-122]
(20)
"Small street furnishings" means planters and decorations, in addition to small
benches and small seating arrangements for general public use and not to be used
for food or beverage services by the establishment. [amended by By-law 2019-
122]
(21)
"Street" includes any common or public highway, road, street, lane, alley, bridge,
square, place, thoroughfare or way within the City;
(22)
"Street Line" means the line dividing a property and the street or road allowance.
SECTION 3
3.
TEMPORARY CLOSING OF STREETS
(1)
Temporary Closing
4
The Deputy CAO - Public Works and Engineering or their designate,
[amended by By-law 2023-145] may temporarily close to traffic any street or part
of street, whenever it becomes necessary by reason of any work or improvement
being carried on thereon, or by reason of the condition therefore, or by reason of
any social, recreational, athletic, and community event, or for any other cause
deemed sufficient by the said Deputy CAO - Public Works and Engineering or
their designate, [amended by By-law 2023-145] and may regulate traffic thereon
or on any adjacent streets, and may erect and keep thereon any barricade or notice
warning the public that such street is closed to traffic, and no person shall remove
any such barricade or notice, or enter upon or use a street so temporarily closed.
[amended by By-law 2017-169]
(2)
Alternative Route and Access
Where a street or part thereof is so closed, the Deputy CAO - Public Works &
Engineering or their designate [amended by By-law 2023-145] shall provide and
shall keep in repair a reasonable temporary alternative route for traffic and, where
possible, access to all property abutting such street or part thereof.
(3)
Manual of Uniform Traffic Control Devices (MUTCD) Book 7
(a)
While a road is so closed to traffic, the Deputy CAO - Public Works &
Engineering or their designate [amended by By-law 2023-145] shall
protect it by erecting or causing to be erected at each end of it, and, where
ever an alternative route deviates from it, signs, barricades and other
protective and warning devices in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD) Book 7.
(b)
While such construction, repairing or improvement of the street or part of
the street is being performed by a person acting under an agreement with
the Corporation, the reference to the Deputy CAO - Public Works &
Engineering or their designate [amended by By-law 2023-145] in
subsections (2) and (3) of this section 3 shall be deemed to be a reference
to such person.
SECTION 4
4.
STREET NAMES AND SIGNS
The Deputy CAO - Public Works & Engineering or their designate [amended by By-
law 2023-145] is authorized to cause the name of every street within the City to be a fix
at the corners thereof and no person not authorized so to do shall so affixed any such
name whether it be the correct name or not.
SECTION 5
5.
BOULEVARDS
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(1) Established
All such portions of the highways as are situate between the curb or edge of the roadway
and the nearest street line, exclusive of the area covered by the public sidewalk, are hereby
set apart for the purpose of boulevards. Any abutting property owner to a boulevard that
abuts a Class A road, being a road with sidewalks, curbs, or shallow ditches, shall maintain
said boulevard in accordance with this by-law and any related municipal by-law, including
but not limited to the City's Yard Maintenance By-law.
(2) Boulevard Improvements by Abutting Owners
Subject to any other relevant by-law of the Corporation, no abutting owner or occupier to
a boulevard shall maintain the boulevard abutting their property other than in grass,
flowers, and shrubs, and in accordance with the following standards:
(a) Unless maintained in grass, a 30 cm setback shall remain in place for all sidewalks,
curbs and driveway edges.
(b) All flowers and shrubs used to create a boulevard garden shall be limited to perennial
or annual plant material up to 75 cm tall except within street intersection lots where
flower and shrubs shall not exceed 30 cm tall.
(c) Boulevard gardens shall not consist of any crop producing plants.
(d) Decomposable mulches are permitted.
(e) Noxious weeds and invasive plants are not permitted.
(f) Nothing that is protruding, sharp or dangerous in any way or which may injure any
person shall be permitted.
(g) No grasses or weeds shall exceed a height of 20 cm.
(h) The landscape treatment shall maintain positive surface drainage.
(i) The property owner at their sole expense shall locate all servicing, including but not
limited to gas, phone, Hydro, cable, prior to commencing any improvement permitted
herein on the boulevard.
(j) The property owner shall not remove or modify any existing infrastructure, electrical
facility, or other existing object previously placed upon a boulevard by the Corporation
or any utility.
(k) The property owner at their sole expense shall locate their property line through their
legal survey and ensure all improvements follow the City's Zoning By-law.
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(l) Save for a designated driveway located between curb depressions, hard surfaces such
as asphalt or concrete shall not be permitted.
(m) Trees, light fixtures, fences, pillars, signage, little libraries, fencing, posts, walls, in-
ground irrigation systems, or hard mulches such as pea gravel or small rocks or bricks
or concrete slabs shall not be permitted.
(n) No improvement shall be permitted in a location that may, in the opinion of the Deputy
CAO - Public Works & Engineering, or their designate, impede or block access to any
sidewalk or utility or interfere with snow removal or create a traffic safety issue.
(o) Improvements to a boulevard that include items not permitted in the above subsections
require prior approval from the Deputy CAO - Public Works & Engineering, or their
designate, and may also require a municipal consent and a licence of occupation with
the Corporation.
(3) Removal of Improvements
(a) No person shall acquire any right or interest in any improvement made on or to a
boulevard, as herein provided, as against the Corporation. The Deputy CAO - Public
Works & Engineering, or their designate, may at any time enter on any such boulevard
and remove, demolish, or otherwise alter or destroy any such improvement when, in
their opinion, it is in the interest of the Corporation so to do.
(b) The owner or occupier of property abutting a boulevard shall remove any plantings
located within the boulevard at their own expense upon 10 days' notice from the
Corporation (except in cases of emergency) if such removal is considered necessary by
the Corporation or a utility for the installation, repair, or maintenance of any utility or
for the maintenance of sight lines or if the plantings interfere with the use of the utility.
The owner may re-establish the boulevard improvement within 30 days, if
communicated to the Corporation or utility otherwise the boulevard shall be established
to grass. The Corporation assumes no responsibility for the cost of repairs of any of the
damage to the garden on the boulevard due to removal for any reason.
(4) Prohibition
(a) No person shall willfully break, injure, dig up or destroy the earth, sod or grass of or in
any such boulevard or drive any vehicle on the boulevard, or place or permit anything
whatsoever to remain thereon, except as provided by this by-law or any other by-law
of the Corporation or as otherwise permitted by law or for the purposes of
improvements in accordance with the above conditions.
(b) No person shall throw, place or deposit any refuse or debris on any boulevard.
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(c) No owner or occupier shall permit any refuse or debris to be deposited on the
boulevard abutting his property.
(d) Every owner and occupier shall remove all refuse or debris from the boulevard abutting
their property.
(e) No owner or occupier shall place or deposit or permit to be placed or deposited any fill
in a road ditch or drainage course located within a boulevard abutting their property.
(f) No person shall leave unattended any obstruction on any boulevard, to wit an
obstruction may include any basketball net, hockey net, skateboard ramp or any other
object that interferes with the safe movement of pedestrians or vehicles.
(5) Improvements Removed
The Corporation reserves the right to require with due notice that the boulevard be returned
to grass at any time at the property owner's expense, failing which the Corporation may
remove all non-compliant material and restore the boulevard to grass.
(6) Indemnification - boulevard improvements
An owner who improves any part of the boulevard abutting their property pursuant to
section 5 agrees by way of doing so, to indemnify and save harmless the Corporation from
all claims, demands, loss, costs, charges and expenses from which the Corporation may
sustain, incur or be liable for in consequence of the erection or maintenance the aforesaid
items.
[amended by By-law 2024-65]
SECTION 6
6.
REMOVAL OF SNOW AND ICE
(1)
From Roofs of Occupied Buildings
With respect to every occupied building having a pitched or other roof from which
snow and ice might fall upon any highway or other place to which the public has
access, the occupant shall forthwith clear away and remove the snow and ice from
the roof whenever there is sufficient accumulation to threaten danger in the event
of a thaw.
(2)
Recover of Costs from Owner in Case of Default
In default of compliance with the requirements of subsection (1) hereof, the Chief
in lieu of or in addition to any other remedy provided by this By-law, may, but is
not required to clear away and remove such snow and ice at the expense of the
owner, and in default of payment on demand, the amount of the expense incurred
8
in doing it shall be recovered from the said owner by action or in like manner
as municipal taxes.
(3)
From Roofs of Unoccupied Building
With respect to every unoccupied building having a pitched or other roof from
which snow and ice might fall upon any highway or other place to which the public
has access, the Chief may, but is not required to clear away and remove, at the
expense of the owner of the building, the snow and ice from the roof whenever it
has come to their [amended by By-law 2023-145] attention that there is a
dangerous condition.
(4)
Recovery from Owner of Cost of Removal
In default of payment on demand, the amount of expense incurred in clearing away
and removing snow and ice from the roof of any unoccupied building pursuant to
the provisions of subsection (3) hereof shall be recovered by action or in like
manner as municipal taxes.
(5)
Manner of Removal
In the clearing away and removal of snow and ice from roofs, no snow or ice shall
be deposited in such manner as to obstruct drainage to any drain or sewer, or so as
to obstruct access to any fire hydrant, and no such snow or ice shall be deposited
upon a City sidewalk or on a roadway.
(6)
Penalty Preserved
The removal of snow or ice by the Corporation shall not relieve any person from
any penalty for a breach of any provisions of this by-law.
SECTION 7
7.
PROJECTIONS INTO STREETS
(1)
Awnings (Retractable)
No person shall erect or maintain or permit the erection or maintain of any awning
over a street unless,
(a)
such awning is not closer than .6 metres (2 ft) to a line drawn vertically
upwards from the curb line or the face of a sidewalk.
(b)
such awning is constructed of canvas or other material approved by the
Chief and has a metal frame end and is of retractable construction.
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(c)
the lowest part of the awning or its awning container, awning cover, roll or
bracket is not less than 2.2 m (7.2 ft) above the street or sidewalk.
(d)
such awning does not constitute a danger to any person passing thereunder.
(e)
the owner or person in control of such awning shall agree in writing to
indemnify and save harmless the Corporation from all claims, demands,
loss, costs, charges and expenses from which the Corporation may sustain,
incur or be liable for in consequence of the erection or maintenance of such
awning.
(f)
such awning is maintained in good order.
(g)
no object of any nature shall be attached to any such awning.
(2)
Canopies and Marquees
No person shall erect or maintain or permit the erection or maintenance of any
canopy or marquee to the curb line unless,
(a)
it is a height of not less than 3.0 m (9.8 ft) above the sidewalk or ground.
(b)
the provisions of paragraph (a), (d), (e) and (f) of subsection (1) hereof are
complied with in respect of such canopy or marquee, as the case may be.
(3)
Gates and Doors
No person shall hang or maintain, or permit the hanging or maintenance of any gate
or door in such manner as to swing over a street, sidewalk or footpath.
(4)
Steps
No person shall make or maintain, or permit the making or maintenance of any step
or steps or other entrance to any basement, cellar, building or premises, whether
with or without a moveable trap or door, which shall in any way encroach upon a
street.
(5)
Construction of Encroachments in Streets Prohibited
No person shall construct or permit the construction over, or maintain or permit the
maintenance on or under any part of a street, any building, bridge, tunnel or other
structure or part thereof not otherwise authorized by law without having first
obtained the permission of the Council therefore, which permission, if not refused,
shall be granted by separate by-law which may provide for the following:
(a)
an agreement by the owners to indemnify the Corporation;
10
(b)
a plan of survey by an Ontario Land Surveyor at the expense of the
applicant;
(c)
the registration of the agreement on the title to the lands served;
(d)
the annual payment by the owner of a sum of money for the use of such part
of street so long as the encroachment exists;
(e)
the proper maintenance of such structure in good repair so as to eliminate
all dangerous hazards to the public;
(f)
automatic revocation of such permission if the annual payment is not paid
as agreed;
(g)
revocation of such permission by the Council at its discretion including
revocation for breach of any term of the agreement or a relevant state or by-
law;
(h)
removal of such structure by the owner of the lands served upon such
permission being revoked or by the Corporation in default at such owner's
expense;
(i)
such other provisions as to the Council seem proper in the circumstances.
(6)
Refacing Existing Buildings
Encroachment Exceeding 50 Millimetres (2 inches)
An existing building may be permitted by the Council by a separate by-law to
encroach or further encroach upon a street to such an extent, exceeding 50 mm (2
inches), as may be necessary to provide for refacing any such building.
(7)
Miscellaneous Projections and Encroachments
Not withstanding the provisions of this by-law to the contrary but subject to the
provisions of other applicable statues and by-laws, the following obstructions,
projections and encroachments are permitted during the pleasure of the Council in
accordance with the following provisions:
(a)
Sills, brackets, awning containers and awning covers to an extent of not
more than 50 mm (2 inches) at least 2.4 m (8 ft) above the ground;
(b)
Cornices of show windows to an extent of not more than 300 mm (12
inches) at least 2.4 m (8 ft) above the ground;
(c)
Eaves and other cornices to an extent of not more than 460 mm (18 inches)
at least 3.65 m (12 ft) above the ground;
11
(d)
Window air conditioners to an extent of not more than 460 mm (18
inches) at least 2.4 m (8 ft) above the ground;
(e)
Benches for the use of the public on the untraveled part of a street, subject
to such terms and conditions as may be agreed upon by the Council;
(f)
Height where encroachment extends over a public lane or roadway such
encroachment shall be not lower than 4.4 m (14.4 ft) above such lane or
roadway.
(8)
Poles and Wires over a Street
(a)
Permission
Nothwithstanding the provisions of this by-law prohibiting the obstructing,
encumbering, injuring or fouling of highways, but subject to
the provisions of other applicable Acts and by-laws, the following
obstructions and encumbrances are permitted upon such terms and
conditions as may be agreed upon by the Council:
(i)
electric light and telephone poles and wires, and poles and wires
for the transmission of electricity across or along any highway or
public place.
(ii)
poles, towers, wires, cables, amplifiers and other accessory
equipment upon, across or along any highway or public place for the
purpose of transmitting electrical or electric impulses, signals and
messages of every nature and kind, including those of alarm and
protective systems, radio programs or parts thereof, and television
programs or parts thereof, and the placing and maintenance of such
equipment and pipes, ducts and conduits for enclosing such
equipment, upon and within any poles, towers, pipes, ducts and
conduits then erected, constructed or laid down, with the consent of
the owner of the body in which is vested the management and
control of such poles, towers, pipes, ducts and conduits.
(b)
Location of Poles and Height of Wires
All such poles and towers referred to in paragraph (a) shall be located to the
satisfaction of the Deputy CAO - Public Works & Engineering or their
designate [amended by By-law 2023-145], and shall be placed and
maintained according to the regulations outlined in the Canadian Electrical
Code.
(c)
Existing Wires Lacking Required Height
12
This subsection (8) shall not apply to make illegal or otherwise require to
be raised any existing wire that has heretofore erected at a height lower than
that prescribed by paragraph (b) thereof, provided however:
(i)
that this exemption terminates upon the Deputy CAO - Public
Works & Engineering or their designate [amended by By-law
2023-145] giving notice to the person to whom any such wire or
other apparatus belongs or by whom it is used that in their
[amended by By-law 2023-145] opinion such wire or other
apparatus is deemed unsafe or dangerous;
(ii)
that this exemption terminates upon the alteration, repair or
replacement of any such wire; and
(iii)
upon receipt of a notice referred to in clause (i) above or upon the
happening of any event referred to in clause (ii) above, the person
to whom the wire or other apparatus is used, shall forthwith and at
their [amended by By-law 2023-145] own expense cause such
wire or other apparatus to conform to paragraph (b) hereof in all
respects.
(9)
General Prohibition of Encroachments
Save as herein otherwise provided or as otherwise authorized by law, no person
shall erect, place or maintain, or permit the erection, placing or maintenance of any
pole, post, wire, pillar, step, fence, awning, sign, poster, notice, building or other
structure or part thereof either wholly or partly in, under, over or upon any street or
part thereof.
(10)
Encroachments to be Removed
Subject to the provisions hereof, the owner or other person in control of any pole,
post, wire, pillar, step, fence, awning, sign, poster, notice, building or other
structure or part thereof either wholly or partly in, under, over or upon any street or
portion thereof is hereby required to remove the same to the extent of encroachment
in, under, over or upon the street.
(11)
Removal by Corporation in Default
In any event of failure of the owner or other person in control to remove any such
encroachment after refusal or revocation of permission of the Council following a
demand by mail addressed to the owner at their [amended by By-law 2023-145]
last known address or to the owner or occupant at the premises in connection with
which such encroachment exists, the same shall be removed by the Corporation,
and in an emergency the same may be removed by the Corporation without notice,
and the cost of any such removal shall be collected by action or in like manner as
municipal taxes.
13
(12)
Awnings, canopies and small
overhead fixtures in the Defined Downtown
Notwithstanding other provisions of this By-law, an awning, canopy or small
overhead fixture may be erected above municipal sidewalks abutting
commercially zoned properties in the Downtown, without an encroachment
agreement, subject to the following conditions:
(a)
Shall only be erected after obtaining a building permit.
(b)
Shall not project more than 1.25 m from the building wall to which it is
attached.
(c)
A retractable awning shall not project more than 1.83 m from the building
wall to which it is attached.
(d)
Shall not be an awning or canopy that is illuminated by a light source
located on or within the awning or canopy.
(e)
Shall be erected such that its lowest part is not less than 2.5 m above the
surface of the sidewalk.
(f)
Shall not be erected in a manner which, in the opinion of the Chief
Building Official, impedes the necessary view of a pedestrian, cyclist or
motorist. [amended by By-law 2019-122]
(13)
Small street furnishings in the Defined Downtown
Notwithstanding other provisions of this By-law, small street furnishings may be
placed upon municipal sidewalks in front of a business located in the Downtown,
without an encroachment agreement, subject to the following conditions:
(a)
Only be placed abutting the premises where the business operates, within
0.75 m of the front of the building.
(b)
A 1.5 m wide unobstructed walkway shall be maintained on the sidewalk.
(c)
A 3.0 m wide unobstructed walkway is required adjacent to an
intersection.
(d)
Shall not be placed within 1.5 m of a driveway or laneway.
(e)
Shall not be placed between October 15 and May 15, inclusive.
(f)
Shall not be placed in a manner which, in the opinion of the Chief
Building Official, impedes the necessary view of a pedestrian, cyclist or
motorist.
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(g)
Shall be removed at the City's discretion and not replaced based on, but
not limited to, safety concerns or required street maintenance.
[amended by By-law 2019-122]
(14)
Outdoor Merchandise Display on Sidewalks in the Defined Downtown
Notwithstanding other provisions of this By-law, merchandise may be placed upon
municipal sidewalks in front of a business located in the Defined
Downtown, without an encroachment agreement, only if a person doing so adheres
to the following conditions:
(a)
The merchandise display shall only occupy space in front of the premises
(i.e. sidewalk and/or boulevard) where the business operates, and shall not
extend past the [side edge of the] business's building frontage.
(b)
The merchandise display only contains merchandise customarily sold by the
business it's placed before.
(c)
The merchandise display must be entirely removed at the end of the
business day.
(d)
A 1.5 m wide unobstructed pedestrian path of travel shall be maintained on
the sidewalk.
(e)
The merchandise display shall not be placed within 1.5 m of a driveway or
laneway.
(f)
The merchandise display shall not be placed within 0.75 m of the back of
curb.
(g)
The merchandise display shall not be placed between November 1 and April
30, inclusive.
(h)
The merchandise display shall not be placed in a defined sight triangle or in
a manner which impedes the necessary view of a pedestrian, cyclist or
motorist.
(i)
The merchandise display may be removed at the City's sole discretion and
not replaced based on, but not limited to, safety concerns or required street
maintenance.
[Enacted by By-law 2023-58]
(15)
Indemnification - awning, street furnishing, and merchandise displays
Any person in control of an awning pursuant to section 7(13), a street furnishing
pursuant to section 7(13), or a merchandise display pursuant to section 7(14), agrees
by way of doing so, to indemnify and save harmless the Corporation from all
claims, demands, loss, costs, charges and expenses from which the Corporation
may sustain, incur or be liable for in consequence of the erection or maintenance
the aforesaid items.
[Enacted by By-law 2023-58]
SECTION 8 [DELETED BY BY-LAW 2020-70]
SECTION 9
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9.
ENCUMBERING OR FOUL STREETS
(1)
General Prohibition
No person shall obstruct, encumber, injure or foul any street or other land of the
Corporation with any animal, vehicle or other means, or erect, place or maintain
any building, fence, post or other structure or thing whatsoever, except as
authorized by law or provided by by-law of the Council. Without restricting the
generality of the foregoing and for greater particularity, no person shall, save in
accordance with a City by-law, obstruct, encumber, injure or foul any street or other
land of the Corporation: [amended by By-law 2023-145]
(a)
Damaging pavement, etc.
By breaking, injuring, tearing up or removing any sidewalk, pavement,
curbing, roadway or other surface.
(b)
Excavations
By making or maintaining any excavation in or under the same.
(c)
Awnings, fences, etc.
By erecting or maintaining any awning, port, sign, fence, wall, post or other
erection or thing which shall encroach upon, into or over any street.
(d)
Depositing Rubbish
By sweeping, depositing or leaving thereon any dirt, filth, handbill, paper
or other rubbish or refuse, or the carcass of any animal.
(e)
Bottles, Nails, etc.
By sweeping, depositing or leaving thereon any glass, nails, metal shaving
or scraps, bones, bottles or other things dangerous to persons or animals, or
liable to cut or otherwise injure bicycle or automobile tires.
(f)
Ditches, etc.
By obstructing or causing to be obstructed any ditch, gutter, watercourse or
drain.
(g)
Depositing Earth, etc.
By throwing, placing, depositing or leaving or permitting to be spilled,
blown, deposited or left therein any paper, hay, straw, earth, coal, manure,
offal, shavings or other litter or refuse, animal, vegetable or mineral, either
16
from a vehicle, box, barrel, premises or otherwise; and no person
shall load or carry, or permit to be loaded or carried any coal, manure, earth,
ashes or other material which is loose, in a garbage box or barrel or vehicle
or vessel so constructed or so loaded as to permit any of the contents to spill
or drop upon a street.
(h)
Depositing goods, etc.
By depositing thereon any box, crate, stone, lumber, lime, earth, slag or any
goods, wares or merchandise or any other substance or material.
(i)
Nauseous Liquids, etc.
By throwing or discharging or permitting to be thrown or discharged
thereon out of or from any dye-house, distillery, brewery, kitchen, factory,
workshop, dwelling or other building or premises any foul or nauseous
liquid or substance, or dirty water or refuse.
(j)
Crossing Sidewalk
By causing any motor vehicle or other vehicle to cross or be upon any
sidewalk, save at a regular crossing provided thereon; provided however,
that this provision shall not be deemed to prohibit any person from crossing
a sidewalk with any vehicle during building operations or for other such
reasonable and temporary requirements where there is no regular crossing,
if a temporary crossing has first been provided in accordance with section
12 of this by-law.
(k)
Snow and Ice
By throwing, distributing or placing or causing or permitting to be thrown,
distributed, or placed on a street or other land of the Corporation any snow
or ice.
(l)
Fouling
By fouling a street in any other manner.
(m)
Removing Earth, etc.
By digging up, taking or carrying away earth, gravel, sand or other material
from any street, lane or from any vacant lot belonging to the Corporation,
without first obtaining permission from the Council to do so.
(n)
Repairs by Corporation
Where any street or part thereof or other land of the Corporation has been
injured, fouled, obstructed or otherwise as prohibited by this section the
17
Corporation shall repair such street or part thereof or other land of the
Corporation at the expense of the person who injured, fouled, obstructed or
otherwise the same and the expense so incurred shall be recovered by action
or in like manner as municipal taxes. [amended by By-law 2023-145]
SECTION 10
10.
TEMPORARY OCCUPATION OF THE STREET FOR BUILDING OPERATIONS
(1)
Street Occupation Permit Required
No person shall occupy any part of a street by placing fence, sidewalk, plant,
structure or any building materials of any kind, or any boarding barricade or
covered way provided for any building or other by-law without first having applied
for and obtained a Street Occupation Permit in writing from the Chief unless such
occupation is otherwise authorized by law or by by-law of this City.
(2)
Permit Application
An application for a street occupation permit shall be addressed to the Chief and
shall:
(a)
be in writing;
(b)
be on such forms as the Chief shall from time to time prescribe;
(c)
to the extent required by the Chief, describe the part of street upon which
the use is to be located, the nature of the use and the barriers, barricades,
lights and other warning devices to be erected around such part of the street;
(d)
describe the parts of day and length of time the encroachment is to remain
on the street;
(e)
describe generally the building construction taking place on the abutting
lands in conjunction with which the use of a part of street is required;
(f)
describe the safety precautions and alternative access provisions made for
vehicular or pedestrian traffic, as the case may be;
(g)
set for the names and addresses of the owners of lands abutting the part of
a street;
(h)
be accompanied by the prescribed fee; and
(i)
such other information as the Chief may require.
(3)
Issue of Street Occupation Permit and Conditions
18
The Chief is herby authorized to issue a Street Occupation Permit subject to the
following conditions:
(a)
To Whom Permit Issued
The permit may be issued only when it is required on behalf of an owner or
occupant of land adjoining such portion of a street.
(b)
Indemnification Agreement
No permit shall be issued until there has been delivered by the applicant an
agreement in a form approved by the City Solicitor, in such sum as may
be required, to indemnify and save harmless the City Corporation from any
and all actions, claims, damages and loss whatsoever arising from such use
of the street.
(c)
Description of Street
The permit shall indicate the portion of street to be occupied and the time
or times during which it may be occupied, and shall be subject to
cancellation at any time without notice by the Chief.
(d)
Incontinuous Periods
The permit may, instead of allowing occupation for one continuous period
of time or times, provide that it shall be for any certain period or periods of
each day during the time the permit is in force.
(e)
Compliance with Terms of Permit
No such occupation of a part of a street shall be maintained otherwise than
in accordance with the terms and conditions set forth in the Street
Occupation Permit all relevant provisions of this by-law and the building
by-law, and any other relevant by-law or statute.
(f)
Warning Devices
In all cases where material or other obstruction has been placed on a street
under the authority of such a permit, the person to whom the permit has
been issued shall, if any such material or other obstruction is on the street
during the hours between sunset and sunrise, place and maintain during such
hours sufficient signs and barricades to the satisfaction of the Chief to warn
the public of the obstruction, whether the permit provides for occupation
during daylight hours only or not.
(g)
Removal of Material After Expiring or Cancellation of Permit
19
Forthwith, after the expiration of the time for which the permit has been
issued, or after cancellation of the permit, the applicant shall, at his own
expenses and without notice so to do, remove from the street any fence,
barricade, sidewalk, covered way, plant structure or material that has been
placed on the street under the permit and restore the street to its condition
before same was placed thereon.
(h)
Maintenance in Good Repair
The applicant shall keep any fence, barricade, boarding or covered-way
neatly painted and maintained in a state of good repair.
(i)
Keep Drains Clear
No material or refuse shall be allowed to obstruct the free passage of water
in any drain, gutter or watercourse.
(j)
Expiring of Permit
Upon the expiry of a Street Occupation Permit no person shall use the part
of street as thereby permitted until such permit has been extended or
renewed or a new Street Occupation Permit has been obtained.
(k)
Fees
Fees are as set out in the Annual user Fee By-law as updated from time to
time. [amended by By-law 2019-173]
SECTION 11
11.
DRIVEWAY ENTRANCE CONTROL REGULATIONS
(1)
Driveway Surfaces
All driveways providing access to a paved roadway that are hereafter constructed,
except a driveway to serve a single family duplex or semi-detached dwelling, shall
be constructed with a concrete or asphalt surface constructed in a manner to such
standards as are approved by the Deputy CAO - Public Works & Engineering or
their designate. [amended by By-law 2023-145]. Entrance requirements are noted
in Schedule "A".
(2)
Maintenance
The owner of the property served by any driveway is responsible for the proper
maintenance of and repair to such driveway in respect of damage due to natural
20
wear and tear and all other causes except road work performed by the
Corporation. It is the owner's responsibility to maintain the driveway entrance to
the back of curb or in the case of a rural section to the traveled portion of the road.
(3)
Culvert Required
No person shall construct a driveway to serve private property abutting a street
without first having installed therein a culvert in accordance with Section 13 of this
by-law unless such street is provided with a Class "A" pavement.
(4)
Curb and Sidewalk Cuts - Entrance Permits
(a)
No person shall construct a driveway to serve private property abutting
street on which the roadway is edged by a raised curb or sidewalk without
first applying to the Deputy CAO - Public Works & Engineering or their
designate [amended by By-law 2023-145] for an entrance permit to depress
such curb or sidewalk for the full width of the driveway. Upon such request
the Deputy CAO - Public Works & Engineering or their designate
[amended by By-law 2023-145] shall cause each depression to be made to
specifications approved by him or her. The work must be carried out by a
City approved contractor and the applicant must pay the total cost of the
sidewalk depression.
(b)
In respect of new driveways requiring the construction of curb or sidewalk
depression in Residential Zones only;
(i)
Where a curb faced sidewalk depression is required, the owner shall
pay the total cost as determined by the Deputy CAO - Public Works
& Engineering or their designate [amended by By-law 2023-145].
(ii)
Where both a curb depression and a sidewalk depression are
required, the owner shall pay the total cost of the curb depression
only as determined by the Deputy CAO - Public Works &
Engineering or their designate [amended by By-law 2023-145].
(c)
In respect of new driveways requiring the construction of curb or sidewalk
depression in all other zones, the owner shall pay the total cost of the work
as determined by the Deputy CAO - Public Works & Engineering or their
designate [amended by By-law 2023-145].
(5)
Elevation Control
A driveway shall be constructed, improved by paving or maintained so that the top
of the surface of the driveway at the street line shall be not more than 12.5 cm (5
inches) above or below the crown of the road or the top of the curb as the case may
be except as otherwise specified by the Commissioner.
(6)
Driveway Curb Wall
21
Where a driveway curb is constructed along the length of a driveway the top of
such curb shall not be higher than the sidewalk, curb or roadway within .9 m (3 ft)
of such sidewalk, curb or roadway as the case may be.
(7)
Size of Driveways
(1)
Two Way
(a)
Maximum width of driveway measured perpendicular to the centre
line of driveway at street line is 9.1 m (30 ft).
(b)
Maximum width of curb cut measured at the roadway is 12.1 m (40
ft). (If the distance from the sidewalk to the roadway is greater than
3 m (10 ft) this dimension may be increased at the discretion of the
Deputy CAO - Public Works & Engineering or their designate
[amended by By-law 2023-145] to provide a deceleration area.)
Flaring of curb-ramps is not permitted.
(2)
One Way
(a)
Where a driveway is intended for use in one direction only
(including each half of a divided driveway), the above dimensions
shall be reduced by 3.0 m (10 ft).
(8)
Location of Driveways
(a)
Low Volume Driveways
(i)
Minimum distance from driveway to projected street line: 4.5 m (15
ft). Recommended -7.6 m (25 ft) or more.
(ii)
Minimum distance from driveways to point of tangency of curb;
4.5 m (15 ft). Recommended - 7.6 m (25 ft) or more.
(iii)
Minimum distance from driveway to sidewalk or crosswalk of
intersecting street is 1.5 m (5 ft).
(iv)
Minimum distance from driveway to projected lateral property line,
not at a street intersection, measured at roadway edge of sidewalk;
1.5 m (recommended 3.0 or more).
(v)
Clauses (ii) and (iv) do not apply in respect of driveways constructed
to serve single family, duplex and semi-detached dwellings.
(b)
High Volume Driveways
22
(i)
Minimum
distance from driveway to projected street line
of a: minor street is 45 m (150 ft) and a major street is 76 m (250
ft).
(ii)
Minimum distance between high volume driveway is 76m (250 ft).
(iii)
Minimum distance from driveway to projected lateral property line
measured at roadway edge is 7.5 m (25 ft).
(9)
Site Locations
All driveways shall conform generally to the designs shown on plates 1, 2, 3 and 4
as shown on Schedule "A" attached hereto as follows:
(c)
Driveway control for automobile service stations: Plates 1 and 4;
(d)
Residential, commercial and industrial properties: Plate 2;
(e)
Corner commercial and shopping plaza properties; Plate 3.
(10)
Angle at Roadway
Subject to the limitations in this section, the sides 3 above, the sides of a driveway
may meet the roadway at an angle less than a right angle but not less than sixty
degrees.
(11)
Separation
Distance between driveways on same property:
(f)
Measured at curb or roadway edge: Minimum 7.6 m (25 ft);
(g)
Measured at sidewalk: Minimum 1.8 m (6 ft);
(h)
Divided driveways: Minimum 1.8 m (6 ft).
(12)
Number of Driveways
Each property shall be limited to the following number of driveways:
(i)
Low volume entrances:
(i)
up to the first 30.5 m (100 ft) of frontage, not more than two;
(ii)
for each additional 30.5 m (100 ft), not more than one.
23
Where
special circumstances warrant three driveways may be
permitted by the Deputy CAO - Public Works & Engineering or their
designate [amended by By-law 2023-145] in a frontage of 50 m (175 ft).
(j)
High volume entrances:
(i)
for each 76 m (250 ft) of frontage, not more than one.
(13)
Entrance to Driveway
(k)
A low volume driveway may derive its entrance from a roadway by a
depressed sidewalk or curb.
(l)
A high volume driveway must have curb return at the driveway - if
driveway on a street bounded by curbs.
(14)
Discretion and Appeal
The Chief is hereby authorized to alter the requirement of this section when special
circumstances arise in which, in their [amended by By-law 2023-145]
professional opinion, is proper so to do. Any person may appeal any such decision
to the Council, whose decision thereon is final.
SECTION 12
12.
GENERAL REGULATIONS AND CONDUCT OF PERSONS ON STREETS
(1)
Snowballs, Missiles, etc.
No person shall play any game or throw any stone, ball of snow or ice, parcel,
bundle, other dangerous missile or any object or thing or use or discharge any bow
and arrow, rifle gun, air gun, B.B. gun or any similar gun or rifle into any street or
other public place.
(2)
Coasting
No person shall coast or toboggan on any street.
(3)
Fires, Firecrackers, etc.
No person shall make or light any fire or bonfire or light, set off, or throw any
firecracker, squib, serpent or other noisy offensive or dangerous substance or
fireworks in any street.
24
(4)
Drainage onto Streets
No person shall permit or cause water from any building or structure including a
paved area, owned or occupied by him to escape, overflow or run across or upon
any sidewalk.
(5)
Surface Water Drainage
Where drains or sewers are available, no owner or other person in control of any
building or premises shall allow rain water or other water to be drained or flow,
across the public sidewalk abutting the premises. Where drains or sewers are
available, all surface water from parking lots and other surfaced area, except for
private driveways to one and two family dwellings shall be drained to the
catchbasins on the property and thence to the drain or sewer, and water shall not be
permitted to run therefrom across sidewalks or onto streets.
(6)
Auction Sales on Sidewalks
No person shall sell anything by auction or otherwise upon any street.
(7)
Vehicles Crossing Sidewalk
No person shall drive or operate or permit or authorize to be driven or operated any
vehicle to cross any curb, sidewalk or paved boulevard to deliver to or remove from
abutting land on which any building is being erected, altered, repaired or
demolished any material that may cause damage to curb, sidewalk or boulevard.
(a)
While any such sidewalk, curb or paved boulevard is so used it shall be
protected by planking or timers not less than 10 cm (4 inches) in thickness
which are securely fastened and chamfered or beveled at the ends for greater
safety of pedestrians all in a manner that is approved by the Chief.
(b)
Where any damage is caused to any sidewalk, curb or paved boulevard or
to any water service box or other service therein by the crossing thereof by
such vehicles, repairs shall be made by the Corporation at the expense of
the owner of the land abutting such work and the cost thereof shall be
payable to the Corporation forthwith on demand.
(c)
The owner or occupier of such abutting land shall take all necessary steps
to prevent building material, waste or soil from being spilled, tracked on to
the public streets by vehicles going to or coming from the lands during the
(d)
course of erection, alteration, repair or demolition. In the event of any
default, the owner or occupier shall be responsible to the Corporation for
the costs incurred by the Corporation in removing any such building
material, waste or soil, which costs are payable forthwith on demand to the
corporation forthwith.
25
(8)
Climbing or Defacing
No person shall without proper authority climb on or over a railing or fence along
any street or climb on any tree on any street or on any post, pole or structure
lawfully erected on any street.
(9)
Posters, Signs, etc.
(a)
No person shall pull down, damage or deface any signboard or any painted
or written notice or other object lawfully affixed in, upon, above or along
any street.
(b)
No person shall deface or disfigure any public or private building, wall,
fence, railing, sign, monument, post, pole or other property in or adjoining
any street by cutting, breaking or daubing with paint or other substance or
shall in any other way injure the same.
(c)
No person shall post, nail or attach any poster, dodger, handbill, notice or
advertisement on or to any tree or telegraph, telephone, hydro-electric or
fire alarm pole or any pole of PUC Inc., or any other pole, object or structure
on a street.
(10)
Dangerous Articles, etc.
No person shall bring or cause to be brought upon any street or any other public
place, any animal, article or material which may be dangerous to others, without
taking such measures and precautions as are necessary to ensure that no harm will
ensue to any person.
SECTION 13
13.
DITCHES, DRAINS, CULVERTS, BRIDGES AND WATERCOURSES
(1)
Obstructions Prohibited
No person shall obstruct, alter or interfere with any ditch, culvert, bridge or
watercourse in a street or any drain or watercourse in the City.
(2)
Culvert and Bridge Construction
Except as provided in this section no person shall construct any culvert or bridge
that crosses any drain or watercourse on any highway within the City of Sault Ste.
Marie.
(3)
Construction of Culverts by City
Upon application being made by or on behalf of an owner of a lot that abuts on a
street for the construction of a culvert to cross any drain or watercourse on any
26
highway within the City of Sault Ste. Marie to provide vehicular and pedestrian
access to a driveway or garage on such lot the Corporation will construct such
culvert at the expense of the applicant and upon the terms and conditions contained
in this section. Despite such payment the title to any culvert pipe so installed
remains in the City.
(4)
Special Provision - Council Approval
Where the construction of a culvert or bridge is desired in circumstances for which
no provision is made in subsection 3, no person shall construct such culvert or
bridge without first having obtained the consent of the city Council by resolution
thereof.
(5)
Culvert Specifications
No person shall construct a culvert to provide vehicular access unless such culvert:
(a)
has an inside diameter or at least 400 mm (15 inches) and a length of at least
6 m (20 ft) for a single driveway and 12 m (40 ft) for a double driveway;
(b)
is of a standard corrugated galvanized metal construction; and
(c)
provides a driving surface width of at least 3.6 m (12 ft).
(6)
Pedestrian Culvert Specifications
No person shall construct a culvert solely to provide pedestrian access if such
culvert:
(a)
has an inside diameter of less than 400 mm (15 inches);
(b)
is not of a standard corrugated galvanized metal construction;
(c)
provides a walking width less than 1.2 m (4 ft) or more than 1.8 m (6 ft).
(7)
Charges
Where a culvert is requested and in the opinion of the Deputy CAO - Public Works
& Engineering or their designate [amended by By-law 2023-145] a culvert having
an inside diameter not less than 400 mm (15 inches) and not more than 1,200 mm
(47 inches) is adequate for such installation, then the following charges shall apply:
(a)
for a single driveway entrance the applicant shall pay for the installation of
a new culvert the fees as set out in the Annual User Fee By-law as updated
from time to time; [amended by By-law 2019-173]
(b)
for a single or double driveway entrance if the applicant requests or in the
opinion of the Deputy CAO - Public Works & Engineering or their
27
designate [amended by By-law 2023-145] requires a new culvert
having greater length than the minimum the applicant shall pay an additional
coupling charge and for such additional length at the rate as set out in the
Annual User Fee By-law as updated from time to time; and [amended by
By-law 2019-173]
(c)
for a double driveway entrance to two separate properties the Applicant shall
pay for the installation of a new culvert as set out in the Annual User Fee
By-law as updated from time to time. [amended by By-law 2019-173]
(d)
Where the applicant applied for the installation of an entrance culvert
between December 1st in any year and April 30th of the following year, then
the applicant shall pay actual costs as determined by the Deputy CAO -
Public Works & Engineering or their designate [amended by By-law 2023-
145] or make such alternate arrangements for temporary access as are
considered satisfactory to said Deputy CAO - Public Works & Engineering
or their designate [amended by By-law 2023-145].
(8)
Oversized Culvert or Bridge - Council Approval
Where a bridge or a culvert having a diameter in excess of 1.22 m (48 inches) is
requested, or in the opinion of the Deputy CAO - Public Works & Engineering or
their designate [amended by By-law 2023-145] is required to provide adequate
drainage as well as pedestrian or vehicular access to the abutting lot, no person shall
construct such culvert or bridge without first having obtained the consent of the
City Council by resolution thereof.
(9)
Construction of Bridge or Large Culvert by Applicant
Upon application being made and approval given by other authorities (Ministry of
Natural Resources, Fisheries and Oceans, Conservation Authority) the City will
consider approving the construction of a bridge or culvert within the City's right of
way. The applicant must have the design and construction of the bridge approved
by a professional engineer. Upon completion of the structure, the City will require
a written statement from the engineer that the bridge has been designed and
constructed to the required engineering specifications.
(10)
Special Cases
(a)
If it is the opinion of the Deputy CAO - Public Works & Engineering or
their designate [amended by By-law 2023-145] that the expense to be
incurred
in
the
installation
and
supply
of
any
culvert
having a diameter of less than 1.22 m (48 inches) greatly exceeds that
normally incurred in the construction and supply of other culverts of a
comparable size, then the Deputy CAO - Public Works & Engineering
or
their
designate
[amended
by
By-law
2023-145]
shall refer such matters to the City Council and no person shall construct
such culvert or bridge without first having obtained the consent of the City
28
Council by resolution thereof. This case takes effect when the price of
the
installation exceeds 100% of the permit culvert price.
(b)
Where five (5) or more culvert installations are required by a Developer, the
Developer has the option, subject to approval from the Deputy CAO - Public
Works & Engineering or their designate [amended by By-law 2023-145],
of installing the culverts itself or having the City install them at the City's
fixed charges.
(11)
Payment of Charges
Every applicant for the installation of a new culvert or bridge to replace an existing
culvert or bridge shall first pay to the Corporation on demand the cost thereof as
provided herein.
(12)
Replacement by City
(a)
The Corporation may replace a bridge or culvert if,
(i)
it is the opinion of the Deputy CAO - Public Works & Engineering
or their designate [amended by By-law 2023-145] that an existing
bridge or culvert is in such condition, whether due to age,
deterioration or damage, that it should be replaced; and
(ii)
written notice of such intention is given to the assessed owner of the
lot served by such culvert or bridge.
(b)
Any notice is required to be given by this section is sufficiently given if it
is in writing and is delivered to and left with any adult person residing on
the premises served by such culvert or bridge or it is mailed by prepaid
first class mail addressed to the owner of the lot served by such culvert or
bridge at their [amended by by-law 2023-145] address as shown on the last
revised assessment roll.
(c)
If, in the opinion of the Deputy CAO - Public Works & Engineering or their
designate, [amended by By-law 2023-145] it is necessary in the
(d)
public interest to remove or replace a bridge or culvert as referred to in this
section without giving the notice herein provided, then the Corporation may
remove or replace such existing bridge or culvert and except as to the
provisions for notice all of the provisions of this by-law apply.
(e)
Upon the replacement of any culvert or bridge as herein provided, the
owner of the lot served by such culvert or bridge shall pay to the Corporation
on demand the cost thereof.
29
(f)
In default of payment of the cost required to be paid by this section
within thirty days (30) of a demand for payment thereof, such costs may be
recovered in like manner as municipal taxes.
(13)
Removal of Bridges and Culverts Illegally Constructed
(a)
If any culvert is constructed in contravention of this by-law, the owner of
the lot served by such culvert or bridge shall forthwith upon notice by the
Deputy CAO - Public Works & Engineering or their designate [amended
by By-law 2023-145] remove such culvert or bridge.
(b)
Any notice required to be given by this section is sufficiently given if it is in
writing and mailed by prepaid first class mail addressed to the owner of the
lot served by such culvert or bridge at their [amended by By-law 2023-145]
address as shown on the last revised assessment roll.
(c)
If, in the opinion of the Deputy CAO - Public Works & Engineering or their
designate, [amended by By-law 2023-145] it is necessary in the public
interest to remove or replace a bridge or culvert as referred to in this section
without giving the notice as herein provided, then
(d) the Corporation may remove or replace such existing bridge or culvert and
except as to the provisions for notice all of the provisions of this by-law
apply.
[amended by By-law 2023-145]
(d)
If such culvert or bridge is not removed within ten (10) days of the date of
mailing of such notice then the Deputy CAO - Public Works & Engineering
or their designate [amended by By-law 2023-145] may enter and remove
such culvert or bridge at the expense of the Corporation.
[amended by By-law 2023-145]
(e)
The owner of the lot served by such culvert or bridge shall forthwith on
demand pay the costs of the removal of any culvert or bridge removed
hereunder to the Corporation.
[amended by By-law 2023-145]
(f)
In default of payment of the costs required to be paid by this section within
thirty days of a demand for payment thereof, such costs may be recovered
in like manner as municipal taxes.
[amended by By-law 2023-145]
(14)
Obstruction of Drains, etc.
(a)
If any ditch or culvert upon a street or any drain or watercourse is obstructed
the person who obstructed such drain, culvert or watercourse shall forthwith
upon notice by the Deputy CAO - Public Works & Engineering or their
designate [amended by By-law 2023-145] remove such obstruction.
30
(b)
Notice as required by this section is sufficiently given if made in writing and
mailed by prepaid first class mail addressed to such person at their
[amended by By-law 2023-145] last known address.
(c)
If such obstruction is not removed within ten (10) days of the date of mailing
such notice then the Deputy CAO - Public Works & Engineering or their
designate [amended by By-law 2023-145] may enter and remove such
obstruction.
(d)
If in the opinion of the Deputy CAO - Public Works & Engineering or their
designate [amended by By-law 2023-145], it is necessary in the public
interest to remove an obstruction from a ditch, drain, culvert or watercourse
without giving the notice as herein provided, or it is impracticable to
ascertain by whom such ditch, drain, culvert or watercourse was obstructed,
then the Corporation may remove such obstruction and, except as to the
provisions for notice, all of the provisions of this by-law apply.
(e)
The person who obstructed such drain, culvert or watercourse shall forthwith
on demand pay the costs of the removal of the obstruction to the
Corporation.
(f)
In default of payment of the costs required to be paid by this section within
thirty (30) days of a demand for payment thereof, such costs may be
recovered in like manner as municipal taxes.
SECTION 14
14.
ADMINISTRATION AND ENFORCEMENT
(1)
General
The administration and carrying into effect of the provisions of this by-law shall be
the duty and responsibility of the Deputy CAO - Public Works & Engineering or
their designate [amended by By-law 2023-145], the Chief, the Chief of Police and
the members of their respective departments, or any one or more of them.
(2)
Enforcement - Repairs
In default of the doings of any matter or thing by any person required by the
provisions of this by-law to do it, such matter or thing shall be done by the
Corporation at their [amended by By-law 2023-145] expense, and the expense
incurred in doing it shall be recovered by action, or in like manner as municipal
taxes or from any deposit made hereunder.
(3)
Power to Restrain by Action
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Where any provisions of this by-
law are contravened, such contravention may,
in addition to any other remedy and to any penalty which may be imposed, be
restrained by action at the instance of a ratepayer or the City Corporation.
(4)
Delegation
Any official upon whom duties or powers are imposed hereby may delegate any
such duty or power to any other person employed to act under their [amended by
By-law 2023-145] direction and control and such person while so acting, shall stand
in the place and stead of the said first referred to official.
(5)
Street Work by Corporation
This by-law shall not restrict the rights and obligations of the Corporation to
perform maintenance and construction work in its streets by its servants, agents and
contractors.
(6)
Attack on By-Law
If any section or sections of this by-law may be found by any Court of Law to be
bad, illegal or beyond the power of the Council to enact, such section or sections or
parts thereof shall be deemed to be separate and independent there from and to be
enacted as such.
(7)
Permits
Where any person is authorized to grant or refuse a permit or license hereunder
such person shall grant, issue or refuse such license or permit in the name of the
Corporation.
SECTION 15
15.
OFFENSE AND PENALTY
Any person who contravenes any of the provisions of this by-law is liable upon conviction
therefore to a penalty in accordance with the provisions of the Provincial Offenses Act.
SECTION 16
16.
SCHEDULE ADOPTED
Schedule "A" attached hereto forms part of By-law 2008-131
SECTION 17
17.
BY-LAW REPEALED
By-law 69-150 is repealed.
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SECTION 18
18.
EFFECTIVE DATE
This by-law comes into force on the day of its final passing.
PASSED in open Council this 7th day of July, 2008.
_____"JOHN ROWSWELL"____________
MAYOR - JOHN ROWSWELL
______"DONNA IRVING"_____________
CLERK - DONNA IRVING