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CITY OF ST. CATHARINES
BY-LAW NO. Q.o'J.2- 5''J
A By-law to govern and regulate the maintenance, occupancy, use of, and other matters
pertaining to, those portions of public highways known as boulevards, and unopened
road allowances under the jurisdiction of the City of St. Catharines.
WHEREAS section 11 (3)1. of the Municipal Act, 2001, S.O. 2001, c. 25 (the "Municipal
Act"), authorizes a municipality to pass by-laws respecting highways.
AND WHEREAS section 63 of the Municipal Act authorizes a municipality to pass by
laws providing for the removal and impounding or restraining and immobilizing any object
or vehicle on or near a highway.
AND WHEREAS section 425 of the Municipal Act authorizes a municipality to pass by
laws providing that a person who contravenes a by-law of the municipality is guilty of an
offence.
AND WHEREAS section 434.1 of the Municipal Act authorizes a municipality to require
a person, subject to certain conditions, to pay an administrative penalty if the municipality
is satisfied that the person has failed to comply with a by-law passed by the municipality.
AND WHEREAS section 444 of the Municipal Act provides that if a municipality is
satisfied that a contravention of one of its by-laws has occurred, the municipality may
make an order requiring the person who contravened the by-law or permitted the
contravention or the owner or occupier of the land on which the contravention occurred
to discontinue the contravening activity.
NOW THEREFORE the Council of the Corporation of the City of St. Catharines enacts
as follows:
1.
TITLE
1.1
Short title. This by-law may be cited as the "Boulevard By-law".
2.
DEFINITIONS
2.1
Meaning. In this by-law, the following definitions shall apply:
"Boulevard" means the portion of a Highway between the Street Line and the
outside edge of the curb or, where there is no curb, the outside edge of the
pavement, granular shoulder, asphalt, or portion of the Highway which is travelled
or designed to be travelled. A Boulevard may or may not contain a sidewalk.
"City" means the Corporation of the City of St. Catharines.
"Director" means the department head responsible for maintenance and
operation of City Highways, or his or her designate.
"Driveway Apron" means that portion of any driveway, parking lot, or other hard
surface, whether paved, poured, laid or otherwise constituted, which extends from
private property onto the Highway.
"Fixture" means any structure or other fixture affixed or appurtenant to the
Boulevard including signs, posts, benches, planters, fixed lighting, and
underground irrigation or sprinkler systems.
"Hard Surface" means an area covered in whole or in part with asphalt, concrete,
interlocking brick or block, crushed or solid stone, gravel, slag, ground asphalt,
wood or any non-porous material.
"Highway" has the same meaning as in the Highway Traffic Act, R.S.O. 1990, c.
H.8.
"Landscaping" means vegetation in the form of shrubs, hedges, ornamental
plantings, decorative rocks, stones or any combination thereof but, does not
include Hard Surfaces or Trees.
"Officer" means a municipal law enforcement officer employed by the City.
"Owner" means the registered owner but also includes a lessee, tenant,
mortgagee in possession or occupant who appears to have care and control of a
Property or Fixture, whichever the case may be.
"Person" means an individual, association, firm, partnership, corporation, trust,
organization, trustee, or agent, and their heirs, executors, or legal representatives
of the Person to whom the context can apply according to law.
"Property" means any land, including the buildings and structures thereon,
registered to a Person on title in the Land Registry Office or Land Titles Division,
as the case may be.
"Street Line" means the boundary between a lot and the Highway upon which
the lot abuts provided that, where a lot abuts a 0.3 metre reserve, the outer edge
of the Highway shall be deemed to be the boundary between the 0.3 metre
reserve and the Highway upon which the 0.3 metre reserve abuts.
"Tree" means a woody perennial plant or part thereof which has reached, or is
expected to reach based on the Manual of Woody Landscape Plants: Their
Identification, Ornamental Characteristics, Culture, Propagation and Uses
(Michael A. Dirr), a height of at least 3m at physiological maturity, and includes
the whole or parts of the roots, branches, trunk and crown.
"Unopened Road Allowance" means any strip of land reserved by the Crown,
or identified in a registered plan, for the purpose of establishing a road regardless
of whether it exists on the ground, and has not been closed or conveyed by the
City.
"Vehicle" has the same meaning as in the Highway Traffic Act, R.S.O. 1990, c.
H.8.
3.
ADMINISTRATION
3.1
Administration. This by-law shall be administered by the Director.
4.
APPLICATION
4.1
Jurisdiction. This by-law applies to all Boulevards, and Unopened Road
Allowances under the jurisdiction of the City.
4.2
Public use exemption. Any Property whose primary purpose is to provide public
services and goods, including those lands in ownership, care and control of the
City, the Regional Municipality of Niagara, the Province of Ontario, the
Government of Canada, school boards or agencies thereof, and government
owned utilities, are exempt from the application of this by-law.
4.3
Permitted use. The Director may grant permission to an Owner to perform one of
the regulated items listed under sections 5.1 and 5.2, where the Director is
satisfied that such permission would maintain the general intent and purpose of
this By-law. The Director may impose such conditions as the Director determines
are appropriate in relation to such permission, including a requirement for the
Owner to enter into a formal encroachment agreement with the City.
5.
REGULATIONS
5.1
Prohibited occupancy.
5.1.1 no Landscaping, Tree, or Fixture shall be permitted:
(a)
where a sidewalk is located on the Boulevard, within 1.5m of the outside
edge of the sidewalk nor between the sidewalk and edge granular shoulder
or where no granular shoulder exists, the edge of asphalt; or
(b)
where no sidewalk is located on the Boulevard, within 3m from the outside
edge of the curb, pavement, or granular shoulder, whichever the case may
be.
5.1.2 no Landscaping, Tree, Fixture, or other thing exceeding 1 min height above
the grade of the Boulevard shall be permitted on any Boulevard; or
5.1.3 nothing shall be installed, constructed, built, erected or maintained on any
Boulevard which is protruding, sharp, dangerous in any way, or which may
otherwise injure a Person.
5.2
Prohibited alterations. No person shall:
5.2.1 alter a Boulevard by adding or maintaining any Hard Surface material or
artificial turf, in whole or in part, to the surface;
5.2.2 alter a roadside drainage ditch in a Boulevard, in anyway, including by
installing Landscaping, Hard Surface, and Fixtures;
5.2.3 cut, alter, or extend in any manner whatsoever, a concrete curb, or open
or contain am culvert or culvert overpass; or
5.2.4 damage any portion of a Boulevard including Landscaping, Trees, light
poles, street signs, or other objects within the Boulevard.
5.3
Non-prohibition. This By-law shall not be interpreted as preventing or prohibiting
anything that would otherwise be permitted under an agreement with the City,
anything done pursuant to the City's written approval, or under any applicable law.
5.4
Boulevard maintenance standards. Every Owner shall maintain the Boulevard
that abuts that Owner's Property (hereinafter called the "Abutting Boulevard") by
doing the following:
5.4.1 maintaining existing Landscaping on any Abutting Boulevard so that it does
not encroach to within 0.5m of the adjacent sidewalk; or if no sidewalk
exists to within 0.5m of the outside edge of the curb, pavement, or granular
shoulder, whichever the case may be;
5.4.2 maintaining all Landscaping on the Boulevard to a height not exceeding
1m;
5.4.3 maintaining or restoring Landscaping and Hard Surface areas on the
Boulevard; and;
5.4.4 maintain in a good state of repair, the paved portion of a Boulevard that
forms part of a Driveway Apron in front of, alongside, or at the rear of the
property;
5.4.5 keep the Boulevard free from holes, ruts, divots, hazardous objects or
materials, and excavations;
5.4.7 any motorized equipment, containers, trailers, or motorized tools on the
Boulevard removed by the City may, at the discretion of the Director, be
deposited on the property from which it originated from, relates to, or was
created for, or be stored at a City facility for sixty (60) days at the owner's
expense;
5.4.8 any item in subsection 5.4. 7 that is stored at a City facility for more than
sixty (60) days and for which the owner, having been identified, has failed
to pay the applicable expenses and claim the item, may be disposed of
pursuant to the provisions of the Repair and Storage Liens Act, R.S.O.
1990, c.R.25;
5.4.9 Any item in subsection 5.4. 7 shall only be related to its owner after the
owner has shown proof of ownership and paid the City any applicable
expense for the removal and storage of the item;
5.4.10 Any item in subsection 5.4. 7 that is stored at a City facility for more than
sixty (60) days and for which an owner has not been identified may be
disposed of by the City in any manner it deems appropriate.
5.5
Unopened road allowances. No person shall place, put, plant, or otherwise permit
any Landscaping, Tree, Fixture, or other thing on an Unopened Road Allowance.
6.
ENFORCEMENT
6.1
Orders. The Director or an Officer who finds that a Boulevard, Unopened Road
Allowance, or a Fixture does not conform to any of the standards prescribed in
this By-law may make an Order to an Owner or a Fixture Owner:
6.1.1 stating the municipal address of the Property which abuts the Highway or
Unopened Road Allowance, or in the case of a Fixture, the municipal
address closest to that Fixture;
6.1.2 giving reasonable particulars of the repairs, restoration or maintenance to
be made to the Boulevard, Unopened Road Allowance, or Fixture;
6.1.3 indicating the time frame for complying with the terms and conditions of the
Order;
6.1.4 giving notice that if the Order is not complied with within that time, the City
may carry out the work at the Owner's or Fixture Owner's expense; and
6.1.5 every person who fails to comply with an order made under section 6.1 is
guilty of an offence.
6.2
Effective date. Any notice or document respecting this by-law may be given in
writing in any of the following ways and is effective:
6.2.1 when a copy is personally delivered to the Person to whom it is addressed;
6.2.2 on the fifth (5th) day after a copy is sent by registered or regular mail to the
Person's last known address;
6.2.3 on the same day of the transmission of a copy by electronic transmission,
to the Person's last known electronic transmission number, including
electronic mail and facsimile transfer, if it was sent before 4 p.m.,
otherwise, it is deemed to be given the day after; or
6.2.4 immediately upon posting a copy of the document at or on a conspicuous
location on the Property, or on the Property.
6.3
Compliance with order. Every Owner and Fixture Owner shall comply with an
Order issued pursuant to this by-law within the time provided for therein.
6.4
Remedy and disposition. Where the Owner is in default of doing the matter or
thing required to be done in an order under this by-law, the Director or an Officer
may direct an agent or employee to do anything or combination of things that is
necessary to bring the Property into compliance with any section of this by-law.
Anything removed in accordance with this section may be immediately disposed
of by the City.
6.5
Recovery of costs. The City shall recover the costs in doing a matter or thing
referred to in section 6.4 by action, or in like manner as municipal taxes from the
person named in the order. The costs include interest calculated at a rate of fifteen
(15) percent, calculated for the period commencing on the day the City incurs the
costs and ending on the day the costs, including interest, are paid in full. The
amount of costs, including interest, constitutes a lien on the land upon the
registration in the land registry of an order of lien. The lien shall be in respect of
all costs that are payable at the time the order is registered plus interest accrued
at the rate of fifteen (15) percent to the date the payment is made in full.
6.6
Obstruction of Duties. No Person shall hinder or obstruct the Director or an Officer,
who is carrying out an inspection of the Property for the purpose of enforcing this
by-law, nor shall any Person hinder or obstruct any employee or agent of the City
directed to carry out work to bring the Property into compliance with any section
of this by-law.
7.
OFFENCES
7.1
Offence. Every Person who contravenes any provision of this By-law is, upon
conviction, guilty of an offence and is liable to a fine, and such other penalties, as
provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33 and the Municipal
Act, 2001, S.O. 2001, c. 25.
7.2
Director or officer of corporation. A director or officer of a corporation who
knowingly concurs in the contravention of this by-law by the corporation is guilty
of an offence and, upon conviction, is subject to the penalties as set out in this by-
law.
7.3
Administrative penalties. An Officer who finds that a person has contravened any
provision of this By-law may issue a penalty notice pursuant to the City's Non-
Parking AMPS By-law.
7.4
Continuing offence. A contravention of the requirements set out in this By-law is
deemed to be a continuing offence on each day or part of a day that the
contravention continues.
7.5
Additional penalties. If this by-law is contravened and a conviction entered, in
addition to any other remedy and to any penalty imposed by this by-law, the court
in which the conviction has been entered and any court of competent jurisdiction
thereafter may make an order:
7.5.1 prohibiting the continuation or repetition of the offence by the Person
convicted; and
7.5.2 requiring the Person convicted to correct the contravention in the manner
and within the period that the court considers appropriate.
8.
GENERAL
8.1
Severability. If any provision or part of a provision of this by-law is declared by
any court or tribunal of competent jurisdiction to be illegal or inoperative, in whole
or in part, or inoperative in particular circumstances, the balance of the by-law, or
its application in other circumstances, shall not be affected and shall continue to
be in full force and effect;
8.2
Compliance with other by-laws and regulations. This by-law shall not be construed
to reduce or mitigate any restrictions or regulations lawfully imposed by the City
or by any governmental authority having jurisdiction to make such restrictions or
regulations;
8.3
Gender and number. In this by-law, unless the contrary intention is indicated,
words used in singular shall include the plural and words used in the male gender
shall include the female gender and vice versa;
8.4
Measurements. The abbreviation "mm" stands for millimetres, "cm" stands for
centimetres, and "m" stands for metres;
8.5
And/or. The word "and" is an inclusive conjunction, the use of which indicates that
all items or phrases in that subsection, article, or list in which it appears are
permitted or required as the case may be. The word "or" is an alternate
conjunction, the use of which indicates that alternate or optional items or phrases
in the subsection, article or list in which it appears are permitted or required, as
the case may be; however, notwithstanding the foregoing, where the context
permits, the word "or" may also be an inclusive conjunction having the same
meaning as the word "and";
8.6
Delegation. For the purposes of subsection 23.2(4) of the Municipal Act Act, 2001,
S.O. 2001, c. 25, it is the opinion of Council that the powers delegated pursuant
to this By-law are minor;
8.7
Legislation. Any reference to legislation in this by-law includes the legislation
referred to and its amendments as well as any subsequent legislation which may
replace the legislation referred to, and its amendments thereto;
8.8
Conflict. Where this by-law conflicts with any previous City by-law or policy
pertaining to matters related to encroachments on Highways, including road
allowances, this by-law shall prevail;
8.9
Effective date. This by-law shall come into force on the date of passage by
Council.
Read and passed this
f /
day of
2022.
frP/z / /_