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## THE CORPORATION OF THE MUNICIPALITY OF SOUTHWEST MIDDLESEX
## BY-LAW NO. 2019/068
## MUNICIPAL ROADWAY BY-LAW
A BY-LAW to Provide for the Regulation of Activities Upon, Under, Over or Nearby Municipal Roadways.
WHEREAS Part Il of the Municipal Act, 2001, S.O. 2001, c.25, as amended (the "Municipal Act") authorizes a municipality to pass By-Laws for the regulation of matters under its jurisdiction and to provide for a system of licenses, permits, approvals or registrations regarding matters that are so regulated;
AND WHEREAS Section 78 of the Municipal Act authorizes a municipality to require utilities installing new facilities and infrastructure or opening up areas of the public road allowance to obtain permits and remit security deposits;
AND WHEREAS Part IV of the Municipal Act authorizes a municipality to require persons who sell goods or services from any road allowance to obtain permits;
AND WHEREAS Section 101 of the Municipal Act authorizes a municipality to pass By-Laws regulating the removal and impounding of vehicles parked or stored on or nearby a public highway;
AND WHEREAS Part XII of the Municipal Act authorizes a municipality to charge permit fees and require security deposits under all of the municipality's By-Laws;
NOW THEREFORE the Council of The Corporation of the Municipality of Southwest Middlesex enacts as follows:
## GENERAL
## 1.1 Short Title
- This By-Law, including all schedules attached hereto and forming part of this By-Law, may be cited as the "Municipal Roadway By-Law".
## 1.2 Interpretation
- 1.2.1 The captions and headings in this By-Law are inserted for convenience only and do not define, limit or enlarge the scope, meaning or intent of any provision.
- 1.22 In this By-Law, words used in the present tense include the future tense, words in the masculine gender include the feminine and neuter and the singular number includes the plural and the plural the singular.
- 1.2.3 In this By-Law, the word "shall" is mandatory and not discretionary.
## 1.3 Application of Other Legislation
- 1.3.1 Nothing in this By-Law shall relieve any person from any obligation to comply with the requirements of any other By-Law or legislation or with the requirement to obtain any license, permit, certificate, authority, approval, consent, variance or remit any fee, security deposit, letter of credit or any other security or payment otherwise required.
## THE CORPORATION OF THE MUNICIPALITY OF SOUTHWEST MIDDLESEX BY-LAW No. 2019/068 MUNICIPAL ROADWAY BY-LAW
## 1.4 Validity
Should any section, clause or provision of this By-Law be held by a Court of competent jurisdiction to be invalid, in whole or in part, the validity of the remainder of that section clause or provision and the validity of the remainder of the By-Law shall not be affectec thereby. Éach section, clause or provision of this By-Law are hereby deemed to be separate and distinct sections, clauses or provisions.
## 1.5 Conflicting By-Laws
## 1.6 Change in Statutes
Where any Act or any portion of any Act is referred to in this By-Law, such reference shall oe interpreted as reterring to any subsequently renumbered sections of the Act and/or changes to the date of the Act and/or amendments or revisions to the Act or re-enactments of the Act or any legislation that replaces the Act.
## 1.7 Effective Date
This By-Law shall come into full force and effect as of the date of passing hereof.
## 2. DEFINITIONS
"Municipality' shall mean the Corporation of the Municipality of Southwest Middlesex or any employee of The Corporation of the Municipality of Southwest Middlesex who acts at the direction of the Corporation of the Municipality of Southwest Middlesex.
"Public Works Manager" shall mean the person appointed by the Council of The Corporation of the Municipality of Southwest Middlesex to the position of Public Works Manager and any employee of The Corporation of the Municipality of Southwest Middlesex who acts at the direction of the Public Works Manager.
"Municipal Roadway" shall mean a public Roadway, road allowance, street, avenue, crescent, drive, place, lane or other public way under the jurisdiction of The Corporation of the Municipality of Southwest Middlesex. A Municipal Roadway shall include without limitation the Roadway, Road Works and any lands that form part of the public roadway but do not constitute part of the Roadway.
"Municipal Roadway Line" shall mean the boundary between the Municipal Roadway and land abutting the Municipal Roadway.
"Private Entrance" shall mean the portion of a Municipal Roadway which is improved to permit the passage of persons or vehicles from a Roadway or a sidewalk to an abutting property.
"Refreshments" shall mean take-out food, snacks and drinks intended to be consumed within a short time after purchase.
"Refreshment Vehicle" shall mean a Vehicle from which Refreshments are sold. A Refreshment Vehicle does not include a Vehicle from which meals, groceries and other food products intended to be consumed over a long period of time are sold.
## THE CORPORATION OF THE MUNICIPALITY OF SOUTHWEST MIDDLESEX BY-LAW No. 2019/068 MUNICIPAL ROADWAY BY-LAW
"Retail Sales" includes but is not limited to sales conducted from a Refreshment Vehicle, vending box, cart, stand or any temporary or permanent structure.
"Roadway" shall mean the traveled portion of a Municipal Roadway which is improved for the travel of Vehicles.
"Road Works" shall mean the physical improvements which have been made to a Municipal Roadway including pavement, curbs (it applicable), signs, gutters, ditches, trees, culvers, treed and graded surfaces, swales, utility apparatus, utility infrastructure, graveled surfaces.
"Utility" means a system that is used to provide for any of the following services or things for the public:
- (i) water;
- (iii) fuel, including natural and artificial gas;
- (ii) sewage, stormwater and other drainage from property;
- (iV) energy;
- heating and cooling; and
- electricity;
- (vii) telephone.
- (Vill) telecommunications
"Vehicle" shall mean a wheeled self-propelled vehicle for the transportation of passengers or goods and, without limiting the generality of the foregoing, may include automobiles, motorcycles trucks, buses, ambulances, hearses, motor homes, trailers and tractors.
## 3. PROHIBITED MATTERS
## 3.1 Excavation - Municipal Roadway
No person, firm, corporation, partnership, Utility or any other entity shall, directly or ndirectly, or by permitting or authorizing others, make any excavation upon or under : Vunicipal Roadwav except as herein specifically provided for and permitted
## 3.2 Road Works - Municipal Roadway
No person, firm, corporation, partnership, Utility or any other entity shall, directly or indirectly, or by permitting or authorizing others, commence or undertake any Road Works upon, under or over a Municipal Roadway except as herein specifically provided for and permitted
## 3.3 Removal of Material - Municipal Roadway
No person, firm, corporation, partnership, Utility or any other entity shall, directly or indirectly, or by permitting or authorizing others, remove, disturb or otherwise displace any earth, gravel, pavement, Utility infrastructure, equipment or other material located upon, or over a Municipal Roadway except as herein specifically provided for and permitted.
## THE CORPORATION OF THE MUNICIPALITY OF SOUTHWEST MIDDLESEX BY-LAW No. 2019/068 VUNICIPAL ROADWAY BY-LAW
## 3.4 Landscaping - Municipal Roadway
No person, firm, corporation, partnership, Utility or any other entity shall, directly or indirectly, or by permitting or authorizing others, commence or undertake any landscaping, grading or other similar work upon or under a Municipal Roadway except as herein specifically provided for and permitted.
## 3.5 Closing and Obstruction - Municipal Roadway
No person, firm, corporation, partnership, Utility or any other entity shall, directly or indind or o y perm or any uto ai oters, ae s re or ae or ri a, for and permitted.
## 3.6 Crane - Municipal Roadway
No person, firm, corporation, partnership, Utility or any other entity shall, directly or indirectly, or by permitting or authorizing others, operate a crane, boom, heavy equipment or other similar equipment above a Municipal Roadway except as herein specifically provided for and permitted.
## 3.7 Sale of Items - Municipal Roadway
No person, firm, corporation, partnership, Utility or any other entity shall, directly or indirectly, or by permitting or authorizing others, sell, display or offer for sale any goods or otherwise conduct any Retail Sales in or upon a Municipal Roadway except as herein specifically provided for and permitted.
## 3.8 Private Entrance - Properties Abutting Municipal Roadways
No person, firm, corporation, partnership, Utility or any other entity shall, directly or indirectly, or by permitting or authorizing others, construct a Private Entrance upon a Municipal Roadway except as herein specifically provided for and permitted.
## Parking or Storage of Unlicensed Vehicles - Municipal Roadway
No person, firm, corporation, partnership, Utility or any other entity shali, directly or indirectly, or by permitting or authorizing others, park or store (temporarily, permanently or otherwise) an unlicensed Vehicle upon a Municipal Roadway.
## 3.10 Parking or Storing of Vehicles - Municipal Roadway
No person, firm, corporation, partnership, Utility or any other entity shall, directly or ndirectly, or by permitting or authorızıng others, park or store (temporarily, permanentl) ir otherwise) a Vehicle upon a Municipal Roadway unless otherwise permitted at law
## THE CORPORATION OF THE MUNICIPALITY OF SOUTHWEST MIDDLESEX BY-LAW No. 2019/068 MUNICIPAL ROADWAY BY-LAW
## 3.11 Unlicensed Vehicles - Obstructing Lands Abutting Municipal Roadway
No person, firm, corporation, partnership, Utility or any other entity shall, directly or indirectly, or by permitting or authorizing others, park or store (temporarily, permanently or otherwise) any unlicensed Vehicle upon lands abutting a Municipal Roadway where he parking or storing of such unlicensed Vehicle obstructs or otherwise interteres with ublic travel on the Municipal Roadwav or obstructs or otherwise interferes with snow and ice removal or the use of the abutting lands by emergency Vehicles.
## 3.12 Vehicles - Obstructing Lands Abutting Municipal Roadway
No person, firm, corporation, partnership, Utility or any other entity shall, directly or indirectly, or by permitting or authorizing others, park or store (temporarily, permanently or otherwise) any Vehicle upon lands abutting a Municipal Roadway where the parkıng or storing of such Vehicle obstructs or otherwise interferes with public travel on the Municipal Roadway or obstructs or otherwise interferes with snow and ice removal or the use of the abutting lands by emergency Vehicles.
## 3.13 Removal of Unlicensed Vehicles -- Municipal Roadway
Vehicle does not so remove the unlicensed Vehicle, the Municipality shall, upon delivery of the requisite notice as set out herein, have the right to remove the unlicensed Vehicle from the Municipal Roadway and store and impound the unlicensed Vehicle in a location to be determined at the discretion of the Municipality at the owners risk and expense.
## 3.14 Removal of Vehicles - Municipal Roadway
Any Vehicle which is parked, stored or otherwise located (temporarily, permanently or otherwise) upon a Municipal Roadway shall be removed from the Municipal Roadway by the owner of the Vehicle unless otherwise permitted at law. If the owner of the Vehicle does not so remove the Vehicle, the Municipality shall, upon delivery of the requisite notice as set out herein, have the right to remove the said Vehicle from the Municipal Roadway and store and impound the Vehicle in a location to be determined at the discretion of the Municipality at the owners risk and expense.
## THE CORPORATION OF THE MUNICIPALITY OF SOUTHWEST MIDDLESEX BY-LAW No. 2019/068 MUNICIPAL ROADWAY BY-LAW
## 3.15 Removal of Unlicensed Vehicles - Obstructing Lands Abutting Municipal Roadway
Any unlicensed Vehicle which is parked, stored or otherwise located (temporarily. permanently or otherwise) upon lands abutting a Municipal Roadway shall be removed from the lands abutting a Municipal Roadway by the owner of the unlicensed Vehicle where the parking or storing of such unlicensed Vehicle obstructs or otherwise interferes with public travel on the Municipal Roadway or otherwise interferes with snow and ice removal or the use of the abutting lands by emergency Vehicles. If the owner of the unlicensed Vehicle does not so remove the unlicensed Vehicle, the Municipality shall, upon delivery of the requisite notice as set out herein, have the right to remove the unlicensed Vehicle from the lands abutting the Municipal Roadway and store and impound the unlicensed Vehicle in a location to be determined at the discretion of the Municipality at the owners risk and expense.
## 3.16 Removal of Vehicles - Obstructing Lands Abutting Municipal Roadway
Any Vehicle which is parked, stored or otherwise located (temporarily, permanently or otherwise) upon lands abutting a Municipal Roadway shall be removed from the lands abutting the Municipal Roadway by the owner of the Vehicle where the parking or storing of such Vehicle obstructs or otherwise interferes with public travel on the Municipal Roadway or otherwise interferes with snow and ice removal or the use of the abutting lands by emergency Vehicles. If the owner of the Vehicle does not so remove the Vehicle, the Municipality shall, upon delivery of the requisite notice as set out herein, have the right to remove the said Vehicle from the lands abutting the Municipal Roadway and store and impound the Vehicle in a location to be determined at the discretion of the Municipality at the owners risk and expense.
## 4. REMOVAL OF OBSTRUCTIONS
## 4.1 Projections - Over Municipal Roadway
Any structure, equipment, crane, boom, heavy equipment or other thing which projects into, onto or over a Municipal Roadway or is located upon a Municipal Roadway shall be removed by the owner of the land where such structure, equipment, crane, boom, heavy equipment or other thina is located except as herein specifically provided for and
## 4.2 Structure - Obstruction - Municipal Roadway
Any fence, structure or other thing which obstructs a Municipal Roadway or which interferes with public travel on a Municipal Roadway shall be removed by the person who owns the fence, structure or other thing or the person who has built, maintained, placed or deposited
## 4.3 Pre-existing Structure - Municipal Roadway
Any structure which projects into, onto or over a Municipal Roadway or obstructs or is located upon a Municipal Roadway prior to the date of the passing of this By-Law shall not contravene this Section 4. For the purpose of this Section 4.3, "structure" shall include a building, shed, soffits and eaves troughs or any portion thereof.
## THE CORPORATION OF THE MUNICIPALITY OF SOUTHWEST MIDDLESEX BY-LAW No. 2019/068 MUNICIPAL ROADWAY BY-LAW
## PERMITTED ACTIVITIES
## 5.1 Maintenance -- Municipal Roadway
It shall be lawful for an owner or occupant to plant and maintain a grassed area upon the portion of the Municipal Roadway which abuts his premises that is not part of the Roac Norks. It shall be lawful for an owner to maintain sidewalk for snow removal upon the portion of the Municipal Roadway which abuts his/her premises.
## 5.2 Private Entrances -- Municipal Roadway
It shall be lawful for an owner or occupant to construct and maintain at his own risk and expense a Private Entrance to his premises which conforms to the requirements of any permit issued by The Corporation of the Municipality of Southwest Middlesex.
## 5.3 Work - Municipal Roadway
It shall be lawful for work to be done under, upon or over a Municipal Roadway pursuant to a permit issued by The Corporation of the Municipality of Southwest Middlesex in accordance with Schedule "A" of this By-Law and upon remittance of the requisite fees, costs and expenses to The Corporation of the Municipality of Southwest Middlesex.
## 5.4 Work - Utility - Municipal Roadway
It shall be lawful for a Utility to undertake and complete work upon, under or over a Municipal Roadway pursuant to a permit issued by The Corporation of the Municipality of Southwest Middlesex. The Utility company must complete the required permit and submit drawings outlining the proposed work. There will be no charge to the Utility company for accessing the public right away of the road.
## 5.5 Sale of Goods - Refreshment Vehicle
It shall be lawful for Refreshments to be sold from a Refreshment Vehicle upon a Municipal Roadway (subject to the requirements of other laws) at a location approved by The Corporation of the Municipality of Southwest Middlesex upon: (i) the issuance of any permit required by The Corporation of the Municipality of Southwest Middlesex; and (ii) the issuance of any license required by The Corporation of the Municipality of Southwest Middlesex.
## 5.6 Sale of Goods - Municipal Roadway
It shall be lawful for goods to be sold and Retail Sales to occur upon a Municipal Roadway (subject to the requirements of other laws) from a cart, vending box or stand approved as to location by The Corporation of the Municipality of Southwest Middlesex upon: (i) the issuance of any permit required by The Corporation of the Municipality of Southwest Middlesex; (i) the payment in advance of such fees as may be prescribed by The Corporation of the Municipality of Southwest Middlesex from time to time; (iii) the delivery of proof of insurance in a form and amount that is satisfactory to the Municipal Treasurer; and (iv) an agreement in writing to indemnify and save harmless The Corporation of the Municipality of Southwest Middlesex from all claims and judgments arising from such activity.
## THE CORPORATION OF THE MUNICIPALITY OF SOUTHWEST MIDDLESEX BY-LAW No. 2019/068 MUNICIPAL ROADWAY BY-LAW
## 5.7 Exception - Municipal Employees - Agents - Contractors
The provisions of this By-Law shall not apply to works undertaken by employees of The Corporation of the Municipality of Southwest Middlesex, or by any agents or contractors employed by The Corporation of the Municipality of Southwest Middlesex, acting under the direction of the Public Works Manager.
## 5.8 Liability - Requirements - Municipality Indemnified
All authority conferred under this By-Law is subject to the condition that each person who exercises a right to use a Municipal Roadway in the manner provided is liable to any person who consequently suffers injury or loss. Any person who exercises a right to use a Municipal Roadway shall also indemnify The Corporation of the Municipality of Southwest Middlesex from all such claims and actions.
## 5.9 Restoration - Municipal Roadway
It shall be a condition of any activities undertaken by any person, firm, corporation, partnership, Utility or any other entity upon any Municipal Roadway or upon lands abutting any Municipal Roadway that such person, firm, corporation, partnership, Utility or any other entity shall restore the Municipal Roadway to the same condition that the Municipal Roadway was in prior to the time that the person, firm, corporation, partnership, Utility or any other entity entered upon the said Municipal Roadway or the lands abutting the Municipal Roadway and undertook such activities.
## TEMPORARY CLOSING - REPAIRS
## 6.1 Public Works Manager - Authority
The Public Works Manager, in his or her sole discretion, may close any Municipal Roadway to public travel for the purposes of repairing or improving it, installing Road Works, utilities, Utility infrastructure, to facilitate cultural, social, recreational, community and athletic events and, if necessary, to maintain public safety.
## 6.2 Use - Closed Municipal Roadway - At Own Risk
Every person, firm, corporation, partnership, Utiliy or any other entity who uses a Municipal Roadway or a portion of a Municipal Roadway, so closed to traffic does so at his own risk.
## 6.3 Use - Closed Municipal Roadway - Offence
Every person, firm, corporation, partnership, Utility or any other entity who uses a Municipal Roadway, or a portion of a Municipal Roadway which has been closed to traffic or who removes or defaces any barricade, device, detour sign or notice, is guilty of an offence and is also liable for any damage or injury occasioned by such wrongful use, removal or defacement.
## THE CORPORATION OF THE MUNICIPALITY OF SOUTHWEST MIDDLESEX BY-LAW No. 2019/068 MUNICIPAL ROADWAY BY-LAW
## ENTRANCE POLICIES
## 7.1 Guidelines
The Public Works Department will consider the following guidelines when reviewing all applications for new or alterations to entrances.
- a. Protection of the public through the orderly control of traffic movements onto and from the Municipal Road System.
- C. Protection of the public investment in Municipal Road Facilities.
- b. Maintenance of the traffic carrying capacity of the Municipal Road Network.
- d. Minimizing Municipal expenditures on maintenance and installation of Private Entrances.
5. Provide legal access onto Municipal Roads from adjacent private property.
6. Ensure uniform practices in the design and construction of accesses.
## 7.2 Entrance Policies Statements
The Public Works Department will consider the following directional statements in determining the responsibility in replacing or altering private accesses.
- Does the requester want an improvement to the entrance.
- Is the Private entrance, culvert working properly.
- Does the requester want an extension of the Private Entrance.
## 7.3 Entrance Work Responsibilities
The Public Works Department will consider and use the following guidelines when reviewing entrance requests and who will be financially responsible for the proposed work.
## 7.3.1. Private Entrance Culvert and Drainage Working Properly Upon Receiving Request.
The work to be completed by the requester at their cost.
- a) Permit must be purchased
- c) Inspection and meeting with landowner by Team Leader prior to any work being completed.
- b) Fees based on Fee and Services By-Law.
- d) Final inspection by Team Leader once project has been completed.
Note that a deposit may be required at the discretion of the Public Works Manager based on the type of work required.
## 7.3.2. Private Entrance Culvert Not Working and Road Drainage Being Compromised.
If the culvert has been damaged by the resident revert to Entrance Work Responsibilities #1.
- a) The work listed in #2 to be completed and constructed by the Municipality of Southwest Middlesex.
## THE CORPORATION OF THE MUNICIPALITY OF SOUTHWEST MIDDLESEX BY-LAW No. 2019/068 MUNICIPAL ROADWAY BY-LAW
## 8 ENFORCEMENT
## 8.1 Fine - For Contravention
Any person who contravenes any provision of this By-Law is, upon conviction, guilty of an offence and is liable to any penalty as provided in the Provincial Offences Act and Part XIV of the Municipal Act.
## 8.2 Continuation - Repetition - Prohibited - By Order
brene yie peter canine and it or and be matin any orer penant, imposed on the person convicted.
## 8.3 Performance of Covenants
If any person, firm, corporation, partnership, Utility or any other entity, by any act or omission, contravenes any section, clause or provision of this By-Law, without in any way limiting the obligations of such person, firm, corporation, partnership, Utility or any other entity, The Corporation of the Municipality of Southwest Middlesex shall have the right, but not the obligation, to take such actions as may be necessary to remedy the contravention of the section, clause or provision of this By-Law. In the event that The Corporation of the Municipality of Southwest Middlesex takes such actions as are necessary to remedy any contravention of any section, clause or provision of this By-Law, The Corporation of the Municipality of Southwest Middlesex shall have the right to collect any costs, disbursements or other expenses incurred in like manner as the collection of municipal taxes.
## 8.4 Notice
In the event that The Corporation of the Municipality of Southwest Middlesex exercises its rights to remedy any contravention of this By-Law, before taking such action, The Corporation of the Municipality of Southwest Middlesex shall make reasonable efforts to deliver notice to the person, firm, corporation, partnership, Utility or any other entity which has contravened this By-Law. Notice under this Section shall be effectively given when:
- (a) personally delivered to the intended recipient;
- (b) mailed pre-paid registered mail to the intended recipient at his last known address shown on the records of The Corporation of the Municipality of Southwest Middlesex; Or
- (c) by posting a notice on any Vehicle (licensed or unlicensed) owned by the intended recipient.
Notice personally delivered to the intended recipient shall be deemed received on the date of delivery. Notice given by pre-paid registered mail shall be deemed received on the second business day following the mailing thereof. Notice posted on any Vehicle owned by the intended recipient shall be deemed received the day following delivery thereof.
## THE CORPORATION OF THE MUNICIPALITY OF SOUTHWEST MIDDLESEX BY-LAW No. 2019/068 MUNICIPAL ROADWAY BY-LAW
PASSED IN COUNCIL this 26th day of June, 2019.
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Mayor
Hophews
1 lambar Glazia
## THE CORPORATION OF THE MUNICIPALITY OF SOUTHWEST MIDDLESEX BY-LAW No. 2019/068 MUNICIPAL ROADWAY BY-LAW
## SCHEDULE "A"
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## THE MUNICIPALITY OF SOUTHWEST MIDDLESEX WORK PERMIT
(AUTHORIZING WORK AND/OR SERVICE ON MUNICIPAL ROAD ALLOWANCES)
PERMIT NUMBER
NAME OF APPLICANT
FULL ADDRESS
POSTAL CODE
TEL NO.
## LOCATION OF WORK
ROAD NAME
911# (if available)
Exact Location Along Road Or Limits Of Work
REASON FOR PERMIT (State Type of Work Service Below):
North
| South
Select Side Of Road Affected
East
West
Distance From Road Centreline
Depth Below Road/Grade
NOTE: A plan/sketch showing the location and extent of the work and/or service MUST accompany this application
DATE OF WORK
Proposed Start Date
Estimated Completion Date
NOTE: CLOSURE OF ANY DRIVING LANE OR CUTTING OF ANY PAVEMENT IS NOT PERMITTED UNLESS SPECIFICALLY AUTHORIZED IN THE CONDITIONS
PERMIT FEE
DEPOSIT AMOUNT (Amount to be set by the Muntcipality!
Deposit amounts less that $1,000.00 shall be cash or cheque. Amounts greater than $1,000.00 may be cheque or an approved Letter of Credit