This is the exact embedded text of the captured official document.
Snapshot f0cf26444bf4 · verified 2026-06-10 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE CORPORATION OF THE TOWN OF TECUMSEH
BY- LAW 2016- 06
Being a by-law respecting the removal of
snow
and
ice
from
sidewalks
on
the
highways in the Town of Tecumseh
WHEREAS
Section
128( 1)
of
the
Municipal
Act, 2001
S -O. 2009
c.25
provides that a municipality may prohibit and regulate with respect to public
nuisances,
including
matters
that, in
the opinion
of Council,
are,
could
become or cause public nuisances;
AND WHEREAS
Section
130 of the Municipal Act, 2001 S. O. 2009 c. 25
provides that a municipality may regulate matters not specifically provided for
by the Act for purposes related to the health, safety and well- being of the
inhabitants of the municipality;
NOW THEREFORE
THE COUNCIL OF THE CORPORATION
OF THE
TOWN OF TECUMSEH ENACTS AS FOLLOWS:
1.
In this by-law:
a) " Building"
i) "
Commercial" shall
mean
any building
which
is not
a
Multiple
Family or Single Family Building;
ii) "
Multiple Family" shall mean a building designed or intended or
used
for
occupancy
by
two
or
more
families
and
includes
apartment buildings and apartment hotels;
iii) "
Single
Family" shall
mean
a detached
building
designed
or
intended or used for occupancy by not more than one family.
b) " Corporation" means The Corporation of the Town of Tecumseh.
c) " Highway" means a common and public highway and includes a street and a
bridge forming part of a highway or on, over
or
across
which
highway passes whether under the jurisdiction and control of the
Town of Tecumseh, the Corporation of the County of Essex or the
Province of Ontario;
d) " Occupant" shall include,
i)
the person who is in physical possession of a building or land; or
ii)
the
person
who
has
responsibility for and
control
over the
condition of a building or the activities carried on therein or control
over persons allowed to enter the building;
notwithstanding that there may be more than one occupant of
the same building or land;
e) " Owner' shall include any person who is an owner of land either jointly or in
common with any other person or persons
and shall include any or all of
such persons.
2. (
a)
The Owner of every Single Family Building in the Town of Tecumseh
shall clear away and remove snow and ice from the sidewalks on the
Highways in front of, alongside and at the rear of such Building and
any private sidewalks
between
a Highway and the main entrance of
the Building;
By-law 2016-06
Page
12
b)
If the Owner is not in physical possession of the Single Family
Building, the Occupant and the Owner shall be jointly and severally
responsible for clearing away and removing the snow and ice from the
said sidewalks referred to in section 2( a).
3.
The Owner of every Multiple Family Building in the Town of Tecumseh shall
clear away and remove the snow and ice from the sidewalk on the Highways
in front of, alongside
and
at the rear of such
Building
and
any private
sidewalks between a Highway and the main entrance of the Building.
4. (
a)
The Owner of every Commercial Building in the Town of Tecumseh
shall clear away and remove snow and ice from the sidewalks on the
Highways in front of, alongside and at the rear of such Building and
any private sidewalks between a Highway and the main entrance of
the Building.
b)
If the Owner is not in physical possession of -the Commercial Building,
the Occupant and the Owner shall be jointly and severally responsible
for clearing away and removing the snow and ice from the said
sidewalks referred to in Section 4(a).
5.
The owner of any vacant lands in the Town of Tecumseh shall clear away
and remove snow and ice from the sidewalks on the Highways in front of,
alongside and at the rear of such vacant land.
6.
Where snow falls or ice forms upon the sidewalks referred to in Sections 2, 3
and 5 of this By-law, the Owner or Occupant in the case of a Single Family
Building and the Owner of a Multiple Family Building shall remove the said
snow or ice from the sidewalks within twelve ( 12) hours following the snow
fall or formation of ice.
7.
Where snow falls or ice forms upon the sidewalks referred to in Section 4 of
this By-law, the Owner or Occupant shall remove the said snow or ice from
the sidewalks within:
a)
four (4) hours following the snow fall or formation of ice upon the said
sidewalks during daylight hours; or
b)
four ( 4) hours following sunrise in the case of snow falling or ice
forming overnight.
8.
Where the clearing away and removal of ice from public sidewalks as
provided for in this By-law may cause damage to such sidewalks, the Owner
or Occupant, as the case may be, of a Single Family, Multiple Family or
Commercial
Building
shall spread
sand,
salt, or other abrasive material
designed for use on sidewalks upon those portions of the said sidewalks
where ice has formed in such a manner so as to remove the danger of any
person slipping and falling on the said sidewalks.
9.
No person shall cause any damage to any public sidewalk in the Town of
Tecumseh by clearing away and removing snow or ice therefrom.
10.
No Owner, Occupant, or other person shall move or permit to be moved
snow or ice from private property onto the sidewalk or any other part of a
Highway.
11. (
a)
The Owner ( or in the case of a Commercial_ Building or Single Family
Building the Owner and Occupier) of a Building which fronts or abuts
on, or is erected near a Highway, from which snow or ice may fall
upon the Highway, must, whenever snow or ice accumulates upon
any portion of the Building to an extent that is dangerous to the public
using the sidewalk or any other part of the Highway, cause the snow
or ice to be immediately removed from the Building.
By-law 2016-06
Page
13
b)
The Owner or Occupant, as the case may be, must take proper care
and precaution for the warning and the safety of the public using the
Highway during the removal of the snow and ice.
12.
Where this By-law requires any matter or thing to be done by a person and
the matter or thing is not done by said person, the matter or thing may be
done by the Corporation, without notice to and at the expense of the person
responsible under this By-law and the cost for doing such matter or thing
may be added to the tax roll and collected in the same manner as property
taxes.
13. (
a)
Every person who is convicted of an offence is liable to a fine of not
more than Five Thousand ($ 5,000. 00) Dollars as provided for in the
Provincial Offences Act, R.S.O. 9990, Chap. P.33.
b)
This Section shall not be construed to derogate from any other
remedies or rights
which the Corporation may have.
14.
By-law 2003- 100 is hereby repealed.
15.
Notwithstanding Section 14 hereof, any matter or proceeding that has been
commenced under By-law 2003- 100 before the day this By-law comes into
force shall be continued and disposed of under By-law 2003-100.
16.
This By-law shall come into force and take effect from the date of the third
and final reading.
READ
a first, second and third time and finally passed this 12"' day of January,
2016.
cNa maraMayor
Clerk
Read
a first, second
and third time and finally passed this 12"' day of January,
2016.
Gary McNamara,
ayor