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AS AMENDED BY
BY-LAW 2016-06
THE CORPORATION OF THE TOWNSHIP OF TAY
BY-LAW NO. 2015-48
Being a by-law to repeal By-law 2003-08 and to
regulate the removal and piling of snow within
the Township of Tay
WHEREAS the Municipal Act, 2001, S.O. c.25, Section 9, provides a
municipality with the capacity, rights, powers and privileges of a natural
person for the purpose of exercising its authority under the Act or any other
Act;
AND WHEREAS the Municipal Act, 2001, S.O. c.25, Section 11(2) provides
that municipalities have the authority to pass by-laws respecting the health,
safety and well being of persons;
AND WHEREAS Council deemed it expedient to enact regulations to govern
and control the removal and piling of snow within the municipality;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF TAY HEREBY ENACT AS FOLLOWS:
1.0
DEFINITIONS
In this by-law,
"Agent" means a person who acts on behalf of the Township of Tay;
"Boulevard" means any part of the street between the curb or edge
of the roadway and the street line, exclusive of the area covered by
the sidewalk;
"Director" means the Director of Public Works or designate
authorized by the Township of Tay to perform the duties thereof;
"Officer" means a Municipal Law Enforcement Officer or Police
Officer;
"Person" means any human being, association, firm, partnership,
private club, incorporated company, corporation, agent or trustee and
the heirs, executors, or other legal representatives of a person to who
the context can apply according to the by-law;
"Roadway" means that portion of a street improved, designed or
ordinarily used for vehicular traffic;
"Sidewalk" means any sidewalk or hard surfaced area forming part of
any highway used by or set apart for the use of pedestrians;
"Street line" means the line forming a common boundary between
private property and the street;
"Township" means the Corporation of the Township of Tay.
By-law 2015-48, as amended
Page 2
2.0 GENERAL PROVISIONS
2.1
No person shall deposit, or cause to be deposited, snow or ice on
a roadway or sidewalk.
2.2
No person shall deposit, or cause to be deposited, snow or ice on
a boulevard that is not adjacent to his or her property.
2.3
No person shall deposit, or cause to be deposited, snow or ice on
a boulevard that obstructs the line of sight of a driver of a
vehicle at an intersection.
2.4
No person shall deposit, or cause to be deposited, snow or ice
on, or immediately adjacent to, a fire hydrant or in any manner
that obstructs access to a fire hydrant.
2.5
No person shall deposit, or cause to be deposited, snow or ice in
such a manner so as to obstruct drainage to any Township
owned drain or sewer.
2.6
No person shall deposit, or cause to be deposited, snow or ice on
any other Township owned property including parkland.
2.7
No person shall pile, redistribute or otherwise cause the
accumulation of snow on a sidewalk, boulevard or travelled
portion of a roadway, within the municipality, in such a manner
as to obstruct traffic, the view of traffic, or obstruct in any way
the movement of snow clearing equipment under the jurisdiction
of the Public Works Department.
2.8
The provisions of this by-law shall not apply to the Township of
Tay, the County of Simcoe or the Ministry of Transportation.
3.0
REMEDIATION
3.1
When snow or ice is deposited in contravention of Section 2.0,
notice shall be given to the property owner to remove the
material forthwith.
3.2
If the property owner fails to remove the snow or ice forthwith,
or cannot be notified immediately, or if the property is vacant or
if the material is of a nature, volume or consistency to create an
immediate hazard, the Director of Public Works or his/her
designate is authorized to have the material be removed and to
invoice the property owner for the expense incurred.
3.3
The Township may recover the remedial action and enforcement
costs incurred under subsection 3.2 by action, or by adding them
to the tax roll and collecting them in the same manner as taxes
in accordance with Section 446 of the Municipal Act.
4.0
OBSTRUCTION
4.1
No person shall hinder, interfere with or otherwise obstruct,
either directly or indirectly, an officer, employee of the Township
of Tay and/or agent in the lawful exercise or power or duty
under this by-law.
4.2
Any person who has been alleged to have contravened any of
the provisions of the by-law, shall identify themselves to the
officer upon request, failure to do so shall be deemed to have
obstructed or hindered the officer in the execution of his or her
duties.
By-law 2015-48, as amended
Page 3
5.0
PENALTY
5.1 Every person who contravenes any of the provisions of this by-
law and every director or officer of a corporation, who knowingly
concurs in the contravention by the corporation, is guilty of an
offence under the provisions of the Municipal Act, 2001, S.O.
2001, c. 25, as amended.
5.2
Every person who contravenes the provisions of this by-law and
every director or officer of a corporation, who knowingly concurs
in the contraventions by the corporation, is guilty of an offence
and liable on conviction to a penalty where the minimum fine
shall not exceed $500 and a maximum fine shall not exceed
$100,000 exclusive of costs under the provisions of the Municipal
Act 2001, S.O. 2001, c. 25, as amended.
5.3
For the purpose of continuous offences, every person who
contravenes any provision of this by-law and every director or
officer of a corporation who knowingly concurs in the
contravention of a by-law of the corporation is guilty of an
offence and liable on conviction to a penalty not exceeding
$10,000, exclusive of costs under the provisions of the Municipal
Act, 2001, S.O. 2001, c. 25, as amended.
5.4
Despite section 5.3 and the provisions of the Municipal Act,
2001, S.O. 2001, c. 25 as amended, the total of all daily fines for
the offence is not limited to $100,000.
5.5
For the purpose of multiple offences, every person who
contravenes any provision of this by-law and every director or
officer of a corporation who knowingly concurs in the
contravention of a by-law of the corporation is guilty of an
offence and liable on conviction to a penalty not exceeding
$10,000, exclusive of costs under the provisions of the Municipal
Act, 2001, S.O. 2001, c. 25, as amended.
5.6
Despite section 5.5 and the provisions of the Municipal Act,
2001, S.O. 2001, c. 25, as amended, the total of all daily fines
for the offence is not limited to $100,000.
5.7
Every person who fails to comply with a notice made under this
By-law is guilty of an offence.
5.8
It shall be an offence for a person to hinder or obstruct, or
attempt to hinder or obstruct, an Officer who is exercising a
power or performing a duty under the Municipal Act, 2001, as
amended, or under a by-law passed under the Municipal Act,
2001, as amended.
5.9
Any person who has been alleged to have contravened any of the
provisions of a by-law passed under the Municipal Act, 2001, as
amended shall identify themselves to the Officer upon request.
Failure to do so shall be deemed to have obstructed or hindered
the Officer in the execution of the Officer's duties.
5.10 Every person who contravenes any section of this by-law under a
Part 1 ticket, upon conviction shall be liable to a fine as provided
for in the Provincial Offences Act, R.S.O 1990, Chapter P.33, as
amended.
5.11 Upon conviction any penalty imposed under this By-law may be
collected under the authority of the Provincial Offences Act,
R.S.O. 1990, Chapter P.33, as amended.
6.0
VALIDITY AND SEVERABILITY
6.1
Should any section, subsection, clause, paragraph or provision of
this by-law be declared by a Court of competent jurisdiction to
By-law 2015-48, as amended
Page 4
be invalid, the same shall not affect the validity of this by-law as
a whole or any part thereof, other than the Part so declared to
be invalid.
7.0
SHORT TITLE
7.1
The short title of this by-law is the Snow Removal By-law.
8.0
REPEALED
8.1
By-law No. 2003-08 is hereby repealed.
9.0
EFFECTIVE DATE
9.1
This by-law shall come into force and take effect immediately
upon the final passing thereof.
BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY
PASSED THIS 29TH DAY OF FEBRUARY, 2016.
THE CORPORATION OF THE TOWNSHIP OF TAY
MAYOR, Scott Warnock
CLERK, Alison Thomas
By-law 2015-48, as amended
Page 5
CORPORATION OF THE TOWNSHIP OF TAY
PART 1 PROVINCIAL OFFENCES ACT
By-law 2015-48: Snow Removal
Note: The penalty provision(s) for the offences indicated above is Section 5.1 of
By-law 2015-48 a certified Copy of which has been filed
ITEM
Column 1
Short Form Wording
Column 2
Provision
Creating or
Defining
Offence
Column
3
Set Fine
1
Deposit or cause to be deposited, snow
or ice on a roadway or sidewalk
Section 2.1
$150.00
2
Deposit or cause to be deposited, snow
or ice on a boulevard that is not
adjacent to his or her property
Section 2.2
$150.00
3
Deposit or cause to be deposited, snow
or ice on a boulevard that obstructs the
line of sight
Section 2.3
$150.00
4
Deposit or cause to be deposited, snow
or ice on, or immediately adjacent to a
fire hydrant
Section 2.4
$150.00
5
Deposit or cause to be deposited, snow
or ice as to obstruct drainage to any
Township drain or sewer
Section 2.5
$150.00
6
Deposit or cause to be deposited, snow
or ice on Township owned property
Section 2.6
$150.00
7
Pile the accumulation of snow on a
sidewalk or traveled portion of a
highway
Section 2.7
$150.00
8
Redistribute the accumulation of snow
on a sidewalk or traveled portion of a
highway
Section 2.7
$150.00
9
Cause the accumulation of snow on a
sidewalk or traveled portion of a
highway
Section 2.7
$150.00
10
Obstructing an Officer or Agent
Section 4.1
$300.00
By-law 2015-48, as amended
Page 6
CORPORATION OF THE TOWNSHIP OF TAY
PART 1 PROVINCIAL OFFENCES ACT
By-law 2015-48: Snow Removal
Note: The penalty provision(s) for the offences indicated above is Section
5.1 of By-law 2015-48 a certified Copy of which has been filed.
ITEM
Column 1
Short Form Wording
Column 2
Provision
Creating or
Defining
Offence
Column
3
Set Fine
1
Deposit or cause to be deposited, snow
or ice on a roadway or sidewalk
Section 2.1
2
Deposit or cause to be deposited, snow
or ice on a boulevard that is not
adjacent to his or her property
Section 2.2
3
Deposit or cause to be deposited, snow
or ice on a boulevard that obstructs the
line of sight
Section 2.3
4
Deposit or cause to be deposited, snow
or ice on, or immediately adjacent to a
fire hydrant
Section 2.4
5
Deposit or cause to be deposited, snow
or ice as to obstruct drainage to any
Township drain or sewer
Section 2.5
6
Deposit or cause to be deposited, snow
or ice on Township owned property
Section 2.6
7
Pile the accumulation of snow on a
sidewalk or traveled portion of a
highway
Section 2.7
8
Redistribute the accumulation of snow
on a sidewalk or traveled portion of a
highway
Section 2.7
9
Cause the accumulation of snow on a
sidewalk or traveled portion of a
highway
Section 2.7
10
Obstructing an Officer or Agent
Section 4.1