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BY-LAW NUMBER 225-2005
OF
THE CORPORATION OF THE CITY OF STRATFORD
BEING a by-law to provide for the removal of snow and
ice from roofs and sidewalks in the City of Stratford and
to repeal By-law 53-82 and amendments thereto.
WHEREAS section 8 of the Municipal Act, 2001, S.O. 2001, c.25 as amended, provides
that a municipality has the capacity, rights, powers and privileges of a natural person
for the purpose of exercising its authority under this or any other Act;
AND WHEREAS section 9 of the Municipal Act provides that Sections 8 and 11 shall
be interpreted broadly so as to confer broad authority on municipalities, and inclusive
of powers that existed on December 31, 2002;
AND WHEREAS section 11(1) of the Municipal Act provides that a single-tier
municipality may pass by-laws respecting matters within its spheres of jurisdiction;
AND WHEREAS highways are within the sphere of jurisdiction of The Corporation of
the City of Stratford, being a single-tier municipality;
AND WHEREAS section 122 of the Municipal Act provides that a municipality may
require the owners and occupants of buildings to remove snow and ice from the roofs
of the buildings and may regulate when and how snow removal shall be undertaken;
AND WHEREAS section 130 of the Municipal Act, provides that a municipality may
regulate matters related to the health, safety and well-being of the inhabitants of the
municipality;
NOW THEREFORE BE IT ENACTED the Council of The Corporation of the City of
Stratford enacts as follows:
DEFINITIONS
1.0
In this By-law:
a)
"City" means the City of Stratford;
b)
"Chief of Police" means the Chief of Police of the City of Stratford;
c)
"Council" means the Council for the City of Stratford;
d)
"Director" means the Director of Engineering and Public Works of the
City and includes his designate and successor;
2
e)
"Officer" means a Municipal Law Enforcement Officer appointed by
Council for carrying out the provisions of this by-law;
f)
"person" shall include a corporation or partnership;
g)
"sidewalk" means any municipal walkway for the accommodation of
pedestrians on that portion of a street between the curb line and the
street line which is located outside the traveled portion of the street;
h)
"snow" includes ice and slush;
i)
"street" means a highway, road allowance, street, avenue, parkway,
driveway, land square, place, bridge, viaduct, trestle or public way under
the jurisdiction of the City of Stratford and includes a street, boulevard
whether or not paved, an unopened road allowance and any portion of
the land situated between street lines;
j)
"traveled portion of the street" means that portion of the street used
or intended for use by the general public for passage of vehicles, and
includes parking areas.
2.0
In this By-law, whenever a w
ord imparts the masculine gender it is deemed to
include the feminine gender.
3.0
In this By-law, the singular sense is deemed to be inclusive and interchangeable
with the plural sense.
4.0
GENERAL DUTIES, OBLIGATIONS AND PROHIBITIONS
4.1
The owner or occupant of an occupied building or the owner of an unoccupied
building or vacant land within the geographic limits of the City of Stratford shall
not throw, place, blow or deposit snow f rom privately-owned land upon a street
or sidewalk in the City of Stratford.
4.2
The owner or occupant of an occupied building or the owner of an unoccupied
building or vacant land within the geographic limits of the City of Stratford shall
not throw, place, blow or deposit snow or ice:
a)
on or immediately adjacent to a fire hydrant, or in any manner that
obstructs access to a fire hydrant;
b)
in such a manner so as to obstruct drainage to any drain or sewer.
4.3
Every owner or occupant of every occupied building and the owner of every
unoccupied building or vacant land in the City shall ensure that any snow or ice
that he, she or it has deposited in contravention of Section 4 of this By-law, is
removed forthwith. Any snow or ice found to be deposited in contravention of
Section 4 may be cleared, treated or removed at the direction of the Director at
the expense of the owner and such costs may be added to the tax roll and
recovered in the same manner and in the same priority as municipal taxes.
5.0
SNOW AND ICE CLEARING FROM SIDEWALKS - DESIGNATED AREAS
5.1
The owner or occupant of every occupied building, and the owner of every
unoccupied building or vacant land identified in Schedule "A" attached hereto,
shall clear away and remove all snow and ice from the sidewalks on the streets
in front of, along side of, or at the rear of such buildings or vacant lands. This
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includes sidewalks in front of, along side of, or at the rear of doorways,
laneways, stairwells and private parking areas.
5.2
The owner or occupant of every occupied building and the owner of every
unoccupied building or vacant land required under section 5.1 of this By-law to
clear away and remove all snow and ice from the sidewalks shall do so:
a)
before 10:00 a.m. on every day in the year, except Holidays as defined
in the Retail Business Holidays Act and Sundays; and thereafter,
b)
by monitoring sidewalk conditions between 10:00 a.m. and 6:00 p.m. on
every day in the year, except Holidays as defined in the Retail Business
Holidays Act, and Sundays, and to continue to keep the sidewalks cleared
of snow and ice at all times.
5.3
The owner or occupant of every occupied building and the owner of every
unoccupied building or vacant land required under section 5.1 of this By-law to
clear away and remove all snow and ice from the sidewalks shall deposit such
snow and ice at the edge of the street immediately adjacent to the curb, in such
a w
ay so as to not obstruct the traveled portion of the street or access to any
fire hydrant.
5.4
Snow or ice shall not be removed in a manner which would damage any
sidewalk or curb within the City of Stratford.
5.5
If ice or hard-packed snow c annot be removed without damage to the sidewalk,
the owner or occupant of every occupied building and the owner of every
unoccupied building or vacant land shall spread or cause to be spread a m
aterial
or combination of material on the sidewalk as provided for in Schedule "B"
attached hereto and forming part of this By-law.
6.0
REMOVAL FROM ROOFS AND EAVES
6.1
The owner or occupant of every occupied building and the owner of every
unoccupied building or vacant land within the geographic limits of the City of
Stratford,
a)
where the roof or eaves abut or overhang the street or sidewalk upon
the street, or
b)
where the roof slopes towards a sidewalk on a street in front of, along
side of, or at the rear of such building so that the snow, icicles or ice may
fall from such roof,
shall whenever snow, icicles or ice accumulates on the roof or eaves, remove
the same before 10:00 a.m. on every day in the year, except Holidays as defined
in the Retail Business Holidays Act and Sundays, and in a manner showing due
care and precaution for the safety of persons passing.
6.2
The owner or occupant of every occupied building and the owner of every
unoccupied building or vacant land required under section 6.1 of this By-law to
clear away and remove all snow, icicles and ice from roofs and eaves shall
continue to monitor the accumulation of snow, icicles and ice and arrange for
removal as required for the safety of persons passing.
7.0
REMOVAL TO BE CARRIED OUT BY CITY
7.3
The removal of snow, icicles and ice by the City shall not relieve any person
from liability for the penalty for breach of any of the provisions herein, or for
further compliance with any of the provisions herein contained.
11.
TITLE
11.1 The title of this By-law shall be the "Snow and Ice Removal By-law."
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7.1
If the owner or occupant of every occupied building and the owner of every
unoccupied building or vacant land fails, neglects or refuses to comply with
Sections 4, 5 or 6 of this By-law, the Director, in lieu of or in addition to any
other remedy provided by this By-law, is authorized to cause the snow, icicles
or ice to be removed at the expense of the owner or occupant, and to invoice
the owner or occupant accordingly. In the case of non-payment of the invoice
by the owner or occupant, such expenses may be added to the tax roll and
recovered in the same manner and in the same priority as municipal taxes.
7.2
Where, in the opinion of the Director or the Chief of Police, or their designates,
an emergency situation may exist that requires immediate action by the owner
or occupant of every occupied building and the owner of every unoccupied
building or vacant land, the Director or Chief of Police or their designates may
arrange to clear away such snow, icicles or ice from the sidewalks or roofs or
eaves, and arrange for a material identified in Schedule "B" to this By-law, to
be applied to the sidewalk at the expense of the owner or occupant, and to
invoice the owner or occupant accordingly. In the case of non-payment of the
invoice by the owner or occupant, such expenses may be added to the tax roll
and recovered in the same manner and in the same priority as municipal taxes.
8.0
ENFORCEMENT
8.1
Any Police Officer, Municipal Law Enforcement Officer or employee of the City
designated by Council for the purpose of this Section is authorized to order any
person believed by such Officer or employee to be in contravention of this By-
law t o desist from the activity consisting or contributing to such contravention.
9.0
PENALTY
9.1
Any person contravening any provision of this By-law is guilty of an offence and
upon conviction, is liable to a fine not exceeding $5,000.00 per occurrence as
provided for under the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as
amended.
10.0 SEVERANCE
10.1 Should a court of competent jurisdiction declare any part or whole of any
provision of this By-law to be invalid or of no force and effect, the provision or
part shall be deemed to have been severed from this By-law, and it is the
intention of Council that the remainder of the By-law survive and be applied and
enforced in accordance with the terms to the extent possible under law.
12.0 REPEAL AND ENACTMENT
12.1 By-law 53-82 and By-law 5-83 of the City of Stratford and amendments thereto
are hereby repealed.
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12.2 This By-law shall come into force upon final passage.
Read a FIRST, SECOND and THIRD time and
FINALLY PASSED this 12th day of December, 2005.
"Daniel B. Mathieson"
MAYOR - Daniel B. Mathieson
"Joan L. Thomson"
CLERK - Joan L. Thomson
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THIS IS SCHEDULE "A"
TO BY-LAW NUMBER 225-2005
enacted the 12th day of December 2005
Designated Areas under Section 5 of this By-law
Street
Side
Area
Ontario Street
North side
From the westerly limit of the entrance
to 206 Ontario Street to Huron Street
Ontario Street
South side
From Nile Street to Church Street
Downie Street
East side
From Ontario Street to Douro Street
Downie Street
West side
From Ontario Street to St. Patrick Street
Wellington Street Both sides
From Downie Street to St. Patrick Street
Market Place
Both sides
From Wellington Street to Downie Street
Brunswick Street
Both sides
From Downie Street to Waterloo Street
Albert Street
Both sides
From Downie Street to Waterloo Street
Waterloo Street
East side
From Ontario Street to Albert Street
Waterloo Street
West side
From Ontario Street to Brunswick Street
St. Patrick Street
North side
From Wellington Street to Erie Street
St. Patrick Street
North side
From George Street to Wellington Street
Erie Street
East side
From Cobourg Street to St. Patrick Street
Erie Street
West side
From St. Patrick Street to York Street
York Street
South side
From Huron Street to Erie Street
George Street
North side
From Downie Street to St. Patrick
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THIS IS SCHEDULE "B"
TO BY-LAW NUMBER 225-2005
enacted the 12th day of December 2005
Suitable substances with respect to section 5.5
- sand
- sand and/or salt
- calcium chloride
- sodium chloride
- potassium chloride
- magnesium chloride
- urea
- any other suitable substance approved by the Director of Engineering and
Public Works