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THE CORPORATION OF THE MUNICIPALITY OF STRATHROY-CARADOC
BY-LAW NO. 45-21
A BY-LAW TO REGULATE THE USE OF THE MUNICIPAL RIGHT OF WAY IN
THE MUNICIPALITY OF STRATHROY-CARADOC
WHEREAS Section 11(3)1 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, authorizes a municipality to pass by-laws respecting highways;
AND WHEREAS Section 27(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, states that a municipality may pass by-laws in respect of a highway
only if it has jurisdiction over the highway;
AND WHEREAS Section 35 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, states that a municipality may pass by-laws removing or restricting the
common law right of passage by the public over a highway and the common law
right of access to the highway by an owner of land abutting a highway;
AND WHEREAS Section 128 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, 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 Section 425 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a municipality may pass by-laws providing that a person
who contravenes a by-law of the municipality is guilty of an offence;
AND WHEREAS Section 436 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a municipality has the power to pass by-laws providing
that the municipality may enter on land at any reasonable time for the purpose of
carrying out an inspection to determine whether or not a by-law of the
municipality is being complied with;
AND WHEREAS Section 446 (1) of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, the municipality has the authority under this or any other Act or under
a by-law to direct or require a person to do a matter or thing, the municipality may
also provide that, in default of it being done by the person directed or required to
do it, the matter or thing shall be done at the person's expense;
AND WHEREAS Section 446 (3) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that the municipality may recover the costs of doing a matter
or thing under subsection (1) from the person directed or required to do it by
action or by adding the costs to the tax roll and collecting them in the same
manner as property taxes;
AND WHEREAS Section 446 (5) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, the costs include interest calculated at a rate of 15 per cent per annum
or such lesser rate as may be determined by the municipality, calculated for the
period commencing on the day the municipality incurs the costs and ending on
the day the costs, including the interest, are paid in full;
AND WHEREAS the Ontario Police Services Act, R.S.O. 1990, C. P15, as
amended, provides that Council may appoint Municipal By-Law Enforcement
Officers to enforce all municipal by-laws; and
AND WHEREAS the Provincial Offences Act, R.S.O. 1990, c. P.33, s.61, as
amended, every person who is convicted of an offence is liable to a fine of not
more than $5,000.
NOW THEREFORE the Council of the Corporation of the Municipality of
Strathroy-Caradoc enacts as follows:
1.
DEFINITIONS
"Boulevard" means all parts of a municipal right of way save and except the
roadway, shoulder and/or walkway;
"Cleared" means the removal of weeds or grass more than 6 inches in height;
"Designate" means an authority or position next in line to the Director;
"Driveway" means an access within a municipal right of way facilitating or
supporting vehicular travel (continuous, intermittent or temporary) between the
roadway and a private property;
"Director" means the Director of Engineering and Public Works or their
designate/officer;
"License" means a license or permit issued granting permission to do work
approved by the Municipality of Strathroy-Caradoc, County of Middlesex, Ministry
of Transportation, or the jurisdiction with authority to grant approval;
"Municipal Right of Way" means land owned by The Corporation of the
Municipality of Strathroy-Caradoc as opened or unopened road allowances for
the purposes of operating a public highway under the Municipal Act, 2001, a
public walkway, municipal services or public utilities, but excludes Municipal
lands owned or operated as parkland, creeks and watercourse, and related
public trail systems;
"Municipality" means The Corporation of the Municipality of Strathroy-Caradoc
or the geographic area as the context requires;
"Newspaper" shall include any publication containing news, current events,
feature articles or advertising;
"Officer" means a Police Officer, By-law Enforcement Officer, Building Inspector
or Chief Building Official as appointed by the Council of the Municipality;
"Owner" means the holder(s) of a legal tile to property, or tenants residing at the
property;
"Permitted Feature" means a building, structure, sign, tree, pole or any other
item that was granted permission by the Municipality to be located on the
municipal right of way;
"Person" shall include an individual, partnership, and corporation;
"Refuse" includes any unused or discarded material, thing or substance and,
without limiting the generality of the foregoing, shall include debris, rubbish, junk,
litter, discarded paper or paper products, unused or discarded materials of any
kind, appliances, devices, apparatus, machinery, furniture, discarded clothing,
construction materials, concrete, flagstone, gravel, asphalt, tires, unused motor
vehicles, vehicles without license plates, objects or conditions that may create
fire, health or safety hazards, dead animals, old or decayed lumber, decayed
trees, discarded trees, parts of trees and leaves or discarded organic materials
that are not part of a compost;
"Roadway" means that part of the municipal right of way that is improved,
designed or ordinarily used for vehicular traffic;
"Settlement Area" means a settlement area as identified in the Municipality's
Official Plan as amended;
"Walkway" means that part of a municipal right of way, outside of the roadway,
set aside by the Municipality for the use of pedestrians;
"Vehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road-
building machine, bicycle and any vehicle drawn, propelled or driven by any kind
of power, motorized snow vehicle, off road vehicle, including muscular power, but
does not include a street car; and
"Yard Waste" Consists of vegetative or organic material produced from the care
and maintenance or landscaped areas, gardens and lawns. This includes weeds,
leave, grass clippings, dead flowers and plants, brush, tree trunks, pruned
branches and stems, dirt, roots, wood shavings, rocks and Christmas trees.
2.
GENERAL PROVISIONS
a)
Prior to doing any work within a municipal right of way, every person shall
obtain a Road Works Permit, upon submitting an application in a form
provided by the Director, and shall pay the applicable fees under the Fees
& Charges By-law and will comply with the terms and conditions.
b)
Prior to construction of a new entrance or modification of an existing
entrance, every person shall obtain a Road Works Permit, upon submitting
an application in a form provided by the Director, and shall pay the
applicable fees under the Fees & Charges By-law and will comply with the
terms and conditions.
c)
Urban Driveway entrances shall comply with specifications outlined in the
municipality's Design Standards Manual and Figures, as updated from
time to time.
d)
Rural Driveway entrances shall comply with specifications outlined in the
municipality's Design Standards Manual and Figures, as updated from
time to time.
e)
Every owner shall keep the land cleared on the municipal right of way
adjacent to their property within a settlement area.
f)
No person shall construct a driveway which exceeds the grade/elevation
of the asphalt at the edge of the roadway.
3.
GENERAL PROHIBITIONS
No person shall, unless authorized by by-law, license or written permission
provided by the Director:
a)
Place equipment, refuse, yard waste or materials of any kind upon or
within a municipal right of way;
b)
Close a municipal right of way in whole or in part;
c)
Undertake any activity that negatively impacts the use and function of a
municipal right of way;
d)
Deface or place graffiti on any permitted feature within a municipal right of
way;
e)
Permit or cause oils, chemicals or substances to be deposited or spilled
on a municipal right of way including spillage of any substances;
f)
Encumber or damage a municipal right of way by any means;
g)
Permit or cause any materials to be transferred from private property onto
or across a municipal right of way within 75 metres of an intersection;
h)
Obstruct a drain, gutter, water course or culvert along or upon a municipal
right of way;
i)
Place or throw any material, including snow and ice, onto a municipal right
of way;
j)
Display or exhibit merchandise or articles of any nature kind within a
municipal right of way;
k)
Solicit or sell any real or personal property or merchandise within a
municipal right of way;
l)
Remove or alter any material, equipment or device placed within a
municipal right of way by the Municipality;
m)
Permit any building or structure, clothing storage bins to be moved into a
municipal right of way;
n)
Allow any box for the dispensing of newspapers or other consumer
products on the municipal right of way;
o)
Install or construct a culvert within any municipal right of way;
p)
Construct, widen, remove or alter any driveway or curb cut within a
municipal right of way;
q)
Allow any part of a tree, shrub, sapling, hedge or any other plant to extend
over or upon any municipal right of way, so as to interfere with, impede or
endanger persons using the municipal right of way;
r)
Construct, plant or maintain any form of garden or plant material within a
municipal right of way;
s)
Permit or cause the discharge of water directly onto a municipal right of
way;
t)
Congregate, sit or stand so as to obstruct the free passage of either
pedestrian or vehicular traffic on any walkway or roadway regulated by
this by-law;
u)
Pull down, destroy, deface or in any way interfere with, any municipal
infrastructure, including but not limited to, any post, surveyor's mark,
bench mark, traffic sign, roadway name sign, sign board, regulatory sign,
traffic signal, traffic cone, or any other traffic control device, affixed or
placed on a municipal right of way;
v)
Permit any flood light to directly or indirectly illuminate a municipal right of
way that may cause a safety concern or nuisance;
w)
Bring a vehicle on a municipal right of way unless mud, clay, lime,
fertilizer, manure or similar material has been removed to ensure an
obstruction or dangerous condition or nuisance is not created;
x)
Load a vehicle as to permit or cause the contents thereof to fall, spill or be
deposited upon or cause damage to a municipal right of way;
y)
Plant, grow, cultivate or maintain any crop on the municipal right of way;
z)
Permit an obstruction or fence as to interfere with a municipal right of way;
aa)
Attach any sign, handbill, poster, or item to any tree, hydro pole, traffic
light or object located on the municipal right of way;
bb)
Cause or permit a fire on the municipal right of way;
cc)
Permit any plants, trees, hedges, shrubs, tall grass, fences, or pile rocks,
snow or any material within two (2) metres of any fire hydrant;
dd)
Fail to keep land cleared on municipal right of way adjacent to property
within a settlement area;
ee)
Remove or trim trees, in a way that may damage the tree, on municipal
right of way;
ff)
Load or unload a farm tractor, trailer or other commercial vehicles on right
of ways for the purpose of farm or commercial operations within 75 metres
of an intersection;
gg)
Access properties at locations other than designated driveways;
hh)
Construct concrete or paving stone driveway less than 1.5 m from the
edge of an abutting asphalt roadway with no curb.
4.
EXEMPTIONS
a)
Notwithstanding Section 3 p) of this by-law, driveways within unassumed
plans of subdivision may be constructed in accordance with the approved
plans for that subdivision.
b)
Notwithstanding Sections 3 p) of this by-law, an owner of driveway is
required and permitted to perform routine maintenance on the portion of
their driveway within the municipal right of way to ensure it's in good
working order and safe condition.
c)
The prohibitions contained in this by-law do not apply to an employee or
an agent of the Municipality when engaged in the delivery of a municipal
service.
d)
The prohibitions contained in this by-law do not apply to employee or
agents of Emergency Medical Services, Strathroy-Caradoc Police Service,
Ontario Provincial Police, Strathroy-Caradoc Fire Department and
Strathroy-Caradoc employees who are acting within the scope of their
duties.
e)
Utilities may be exempt from paying fees for a license, at the discretion of
the Director.
5.
TERMS AND CONDITIONS OF PERMITS
a)
Every person shall comply with the terms and conditions of a license
issued by the Municipality in accordance with the Use of Municipal Right
of Ways.
6.
COST TO RESTORE LANDS - NOT REPAIRED AS SPECIFIED IN THE
LICENSE
a)
Where the cost of repairing and restoring the municipal right of way
exceeds any amount held on deposit or posted as security, the excess
amount of the costs shall be a debt owing to the Municipality, and in
addition to any other remedy available to it, the Municipality may recover
the excess amount of the costs by action or by adding the excess amount
of the costs to the tax roll of the license holder's lands and collecting them
in the same manner as taxes.
7.
NOTICE, RIGHT TO REPAIR & ADD TO TAXES
a)
If a person fails to comply with any provisions of this by-law, they shall be
given notice in writing from the Director indicating the particulars of the
contravention, the location, required action to repair or restore and a
specific time wherein compliance must be achieved. If the required action
is not completed within the specified time frame, the Municipality may do
the work or arrange for the work to be done and may recover all
expenses, including administrative fees, from the person by action, or
collect them in the same manner as municipal taxes.
b)
The notice in Section 7 a) may be given by personal service or sent by
registered mail to the last known address as verified in the Municipality's
records system.
8.
REPAIRS DUE TO EMERGENCY & PUBLIC SAFETY ISSUES
a)
In any case where the action of a person contravenes this by-law and that
action poses a danger to the public, the notice under Section 7 is not
required and the Director or any person authorized to enforce this by-law
may immediately take the following action:
i)
remove and dispose of any item, structure or material placed or
deposited on a municipal right of way contrary to this by-law and
take any necessary steps to repair or reinstate the municipal right
of way; and
ii)
the Municipality may recover expenses resulting from actions taken
in accordance with this Section by action, or it may collect them in
the same manner as municipal taxes.
9.
PENALTY
a)
Every person who contravenes any of the provisions of this by-law is guilty
of an offence and liable upon conviction to a penalty as prescribed under
the Provincial Offences Act of as set out in Schedule "A" of this by-law.
b)
Every person who contravenes any provision of this by-law is guilty of an
offence under the provisions of the Provincial Offences Act, R.S.O. 1990,
c. P.33, as amended, and is liable on conviction to a penalty not
exceeding $5,000, exclusive of costs, subject to the provisions of the Act.
c)
Every person who contravenes any of the provisions of this by-law is guilty
of an offence and pursuant to Section 429 of the Municipal Act, 2001, c.
25, as amended, all contraventions of this by-law are designated as
continuing offences.
10.
FEES AND CHARGES
a)
All costs will be recovered with interest in relation to the administration and
enforcement of this by-law under the Municipal Act, 2001, S.O. 2001, c.
25, as amended, Section 446 (3) and (5).
11.
SEVERABILITY
In the event that any provision or part of this by-law is found to be invalid or
unenforceable for any reason whatsoever, then the particular provision or part
thereof shall be deemed to be severed from the remainder of the by-law and all
other provisions or parts thereof shall remain in full force and shall be valid and
enforceable to the fullest extent permitted by law.
12.
SHORT TITLE
This by-law may be referred to as the "Right of Way By-law"
Read a FIRST and SECOND time this 16th day of August, 2021.
Read a THIRD time and FINALLY PASSED in Open Council this 16th day of
August, 2021.
____________________________
___________________________
Mayor
Clerk
SCHEDULE "A"
TO BY-LAW NO. 45-21
MUNICIPALITY OF STRATHROY-CARADOC
SET FINE SCHEDULE
PART 1 - PROVINCIAL OFFENCES ACT
By-law No. 45-21 (Right of Way By-law)
Item
Short Form Wording
Provision
Creating of
Defining
Offence
Set Fine
1
Construct a driveway which exceeds the grade/elevation
of the roadway
Section 2 (f)
$105.00
2
Place equipment/material/yard waste/refuse on
municipal right of way
Section 3(a)
$105.00
3
Close a municipal right of way in whole or in part
Section 3(b)
$105.00
4
Activity that negatively impacts the use of a municipal
right of way
Section 3(c)
$105.00
5
Activity that negatively impacts the function of a
municipal right of way
Section 3(c)
$105.00
6
Deface or place graffiti on any permitted feature within a
municipal right of way
Section 3(d)
$105.00
7
Permit oils to be deposited or spilled on a municipal right
of way
Section 3(e)
$300.00
8
Permit chemicals to be deposited or spilled on a
municipal right of way
Section 3(e)
$300.00
9
Permit substances to be deposited or spilled on a
municipal right of way
Section 3(e)
$300.00
10
Permit spillage of any substances from a vehicle onto a
municipal right of way
Section 3(e)
$300.00
11
Cause oils to be deposited or spilled on a municipal right
of way
Section 3(e)
$300.00
12
Cause chemicals to be deposited or spilled on a
municipal right of way
Section 3(e)
$300.00
13
Cause substances to be deposited or spilled on a
municipal right of way
Section 3(e)
$300.00
Item
Short Form Wording
Provision
Creating of
Defining
Offence
Set Fine
14
Cause spillage of any substances from a vehicle onto a
municipal right of way
Section 3(e)
$300.00
15
Encumber a municipal right of way
Section 3(f)
$150.00
16
Damage a municipal right of way
Section 3(f)
$300.00
17
Permit materials to be transferred from private property
onto a municipal right of way within 75 metres of
intersection
Section 3(g)
$150.00
18
Cause materials to be transferred from private property
onto a municipal right of way within 75 metres of
intersection
Section 3(g)
$150.00
19
Obstruct a drain on a municipal right of way
Section 3(h)
$150.00
20
Obstruct a gutter on a municipal right of way
Section 3(h)
$150.00
21
Obstruct a water course on a municipal right of way
Section 3(h)
$150.00
22
Obstruct a culvert on a municipal right of way
Section 3(h)
$150.00
23
Materials placed/thrown on municipal right of way
Section 3(i)
$105.00
24
Display merchandise or articles within a municipal right
of way
Section 3(j)
$105.00
25
Exhibit merchandise or articles within a municipal right of
way
Section 3(j)
$105.00
26
Solicit/sell on a municipal right of way
Section 3(k)
$105.00
27
Remove material placed within a municipal right of way
by the municipality
Section 3(l)
$200.00
28
Remove equipment place within a municipal right of way
by the municipality
Section 3(l)
$200.00
29
Remove device placed within a municipal right of way by
the municipality
Section 3(l)
$200.00
30
Alter material placed within a municipal right of way by
the municipality
Section 3(l)
$200.00
Item
Short Form Wording
Provision
Creating of
Defining
Offence
Set Fine
31
Alter equipment placed within a municipal right of way by
the municipality
Section 3(l)
$200.00
32
Alter device placed with a municipal right of way by the
municipality
Section 3(l)
$300.00
33
Permit building onto a municipal right of way
Section 3(m)
$300.00
34
Permit structure onto a municipal right of way
Section 3(m)
$200.00
35
Permit clothing storage bin onto a municipal right of way
Section 3(m)
$200.00
36
Permit consumer products on a municipal right of way
Section 3(n)
$105.00
37
Permit newspaper box on a municipal right of way
Section 3(n)
$105.00
38
Install a culvert within a municipal right of way
Section 3(o)
$200.00
39
Construct a culvert within a municipal right of way
Section 3(o)
$200.00
40
Construct a driveway or curb cut within a municipal right
of way
Section 3(p)
$105.00
41
Widen a driveway or curb cut within a municipal right of
way
Section 3(p)
$105.00
42
Remove a driveway or curb cut within a municipal right
of way
Section 3(p)
$105.00
43
Alter a driveway or curb cut within a municipal right of
way
Section 3(p)
$105.00
44
Allow tree to extend over or upon municipal right of way
Section 3(q)
$50.00
45
Allow shrub to extend over or upon municipal right of
way
Section 3(q)
$50.00
46
Allow sapling to extend over or upon municipal right of
way
Section 3(q)
$50.00
47
Allow a hedge to extend over or upon municipal right of
way
Section 3(q)
$50.00
48
Allow plant to extend over or upon municipal right of way
Section 3(q)
$50.00
Item
Short Form Wording
Provision
Creating of
Defining
Offence
Set Fine
49
Construct a garden or plant material within a municipal
right of way
Section 3(r)
$50.00
50
Plant a garden or plant material within a municipal right
of way
Section 3(r)
$50.00
51
Maintain a garden or plant material within a municipal
right of way
Section 3(r)
$50.00
52
Discharge water onto a municipal right of way causing
hazardous condition
Section 3(s)
$200.00
53
Obstruct the free passage of pedestrian or vehicle traffic
on any walkway or roadway
Section 3(t)
$200.00
54
Pull down, destroy, deface any municipal infrastructure
on a municipal right of way
Section 3(u)
$105.00
55
Permit flood light to directly or indirectly illuminate a
municipal right of way
Section 3(v)
$105.00
56
Operate vehicle with wheels depositing mud, clay, lime,
and similar material, fertilizer, manure, or similar material
onto a municipal right of way
Section 3(w)
$105.00
57
Load vehicle as to permit contents to fall onto a
municipal right of way
Section 3(x)
$150.00
58
Load vehicle as to permit contents to spill onto a
municipal right of way
Section 3(x)
$150.00
59
Load vehicle as to permit contents to deposit onto a
municipal right of way
Section 3(x)
$150.00
60
Load vehicle as to cause contents to fall onto a
municipal right of way
Section 3(x)
$150.00
61
Load vehicle as to cause contents to spill onto a
municipal right of way
Section 3(x)
$150.00
62
Load vehicle as to cause contents to deposit onto a
municipal right of way
Section 3(x)
$150.00
63
Plant any crop on municipal right of way
Section 3(y)
$300.00
Item
Short Form Wording
Provision
Creating of
Defining
Offence
Set Fine
64
Grow any crop on municipal right of way
Section 3(y)
$300.00
65
Cultivate any crop on municipal right of way
Section 3(y)
$300.00
66
Permit obstruction on municipal right of way
Section 3(z)
$105.00
67
Permit fence on municipal right of way
Section 3(z)
$200.00
68
Attach sign on municipal right of way
Section 3(aa)
$105.00
69
Attach handbill on municipal right of way
Section 3(aa)
$105.00
70
Attach poster on municipal right of way
Section 3(aa)
$105.00
71
Attach item on municipal right of way
Section 3(aa)
$105.00
72
Cause fire on municipal right of way
Section 3(bb)
$200.00
73
Permit fire on municipal right of way
Section 3(bb)
$105.00
74
Permit plants within two metres of fire hydrant
Section 3(cc)
$105.00
75
Permit hedges within two metres of fire hydrant
Section 3(cc)
$105.00
76
Permit shrubs within two metres of fire hydrant
Section 3(cc)
$105.00
77
Permit tall grass within two metres of fire hydrant
Section 3(cc)
$105.00
78
Permit fences within two metres of fire hydrant
Section 3(cc)
$105.00
79
Permit rock piles within two metres of fire hydrant
Section 3(cc)
$105.00
80
Pile snow within two metres of fire hydrant
Section 3(cc)
$105.00
81
Pile material within two metres of fire hydrant
Section 3(cc)
$105.00
82
Fail to clear municipal right of way adjacent to property
in settlement area
Section 3(dd)
$105.00
83
Remove tree on municipal right of way
Section 3(ee)
$305.00
84
Trim tree in way that may damage on municipal right of
way
Section 3(ee)
$105.00
85
Load farm tractor, trailer or commercial vehicle on right
of way 75 metres from intersection
Section 3(ff)
$200.00
Item
Short Form Wording
Provision
Creating of
Defining
Offence
Set Fine
86
Unload farm tractor, trailer or commercial vehicle on right
of way 75 metres from intersection
Section 3(ff)
$200.00
87
Fail to access property other than designated driveway
Section 3(gg)
$105.00
88
Construct driveway 1.5 m from edge of roadway
Section 3 (hh)
$105.00
89
Fail to comply with a license
Section 5(a)
$200.00
Note: The general penalty provision for the offences listed above is section
9(a) of By-law 45-21, a certified copy of which has been filed.