This is an automated transcription (OCR) of the captured
official document — minor recognition errors are possible; the source
document governs.
Snapshot 5bb284335bba · verified 2026-08-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
## THE CORPORATION OF THE CITY OF TEMISKAMING SHORES
## BY-LAW NO. 2009-159
## BEING A BY-LAW TO REGULATE THE REMOVAL AND RELOCATION OF SNOW WITHIN THE CITY OF TEMISKAMING SHORES
WHEREAS the Council of the Corporation of the City of Temiskaming Shores deems it necessary and expedient to pass a By-law to regulate the removal and relocation of snow within the City of Temiskaming Shores;
AND WHEREAS under Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, the powers of a municipality shall be interpreted broadly to enable it to govern its affairs as it considers appropriate and to enhance the municipality's ability to
AND WHEREAS under Section 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, 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 under Section 10 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, a single-tier municipality may provide any service or thing that the municipality considers necessary or desirable for the public;
AND WHEREAS Section 10(2) 6 of the Municipal Act, S.O. 2001, c. 25, as amended, authorizes Council to pass bylaws respecting the health, safety and wellbeing of persons;
AND WHEREAS Section 27 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides a municipality may pass by-laws with respect to highways over which it has jurisdiction;
AND WHEREAS Section 128 (1) of the Municipal Act, S.O. 2001, c. 25, as amended, provides that a municipality may prohibit 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(1) of the Municipal Act, S.O. 2001, c. 25, as contravenes a by-aw of the municipally passed byder in Act is guilty an pree ho
AND WHEREAS Section 429(1) of the Municipal Act, S.O. 2001, c. 25, as amended, provides a municipality may establish a system of fines for offences under a by-law of the municipality passed under the Act;
AND WHEREAS Section 446(1) of the Municipal Act, S.O. 2001, c. 25, as amended, provides that if a municipality has the authority under any Act or under a bylaw under any Act 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, S.O. 2001, c. 25, as amended, provides that a municipality may recover 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 taxes.
NOW THEREFORE the Council of the Corporation of the City of Temiskaming Shores hereby enacts as follows:
- That Council adopts a by-law to regulate the removal and relocation of snow within the City identified as Schedule "A", attached hereto and forming part of this by-law;
- That all by-laws respecting the removal, relocation and disposal of snow enacted by the former Town of Haileybury (more specifically By-law 94-6), the forme Town of New Liskeard (more specifically By-law 1319), the former Township o Dymond (more specifically By-law 1355) and amendments thereto, are hereby repealed.
- That the Clerk of the City of Temiskaming Shores is hereby authorized to make minor moditications or corrections of a grammatical or typographical nature to the By-law and schedule, after the passage of this By-law, where such modifications or corrections do not alter the intent of the By-law.
- That this By-Law shall come into force and take effect on the date of its final passing.
<!-- image -->
<!-- image -->
Read a FIRST, SECOND and THIRD TIME and FINALLY PASSED this 15* day of December, 2009. Choppa
Mayor
Clerk
## CORPORTION OF THE CITY OF TEMISKAMING SHORES
## SCHEDULE "A" TO BY-LAW NO. 2009-159
## BEING A BY-LAW TO REGULATE REMOVAL AND RELOCTION OF SNOW IN THE CITY OF TEMISKAMING SHORES
## INDEX
## PART 1 - GENERAL PROVISIONS
| SECTION | | PAGER |
|-----------|-------------------------------------------|---------|
| 1.1 | Short Title | 1 |
| 1.2 | Scope | 1 |
| 1.3 | Enforcement | 1 |
| 1.4 | | 1 |
| SECTION | Conficts with other ByPART 2- DEFINITIONS | PAGE |
| 2.1 | By-law Enforcement Officer | 1 |
| 2.2 | City | 1 |
| 2.3 | City Property | 1 |
| 2.4 | Council | 1 |
| 2.5 | Municipality | 1 |
| 2.6 | Person | 1 |
| 2.7 | Police Officer | 2 |
| 2.8 | Private Property | 2 |
| 2.9 | Provincial Offences Act | 2 |
| 2.10 | Sidewalk | 2 |
| 2.11 | Street | 2 |
| SECTION | PART 3 - REGULATIONS | PAGE |
| 3.1 | Deposit of Snow | 2 |
| 3.2 | Re-Deposit of Snow PART 4 - PENALTIES | 2 |
| SECTION | | PAGE |
| 4.1 | General Penalties PART 5 - VALIDITY | 3 |
| SECTION | | PAGE |
| | Validity of By-law | 3 |
| | SCHEDULES AND DISCRIPTION | PAGE |
| APPENDIX | Set Fines For By-law 2009-159 | 4 |
## SECTION
## 1.1 Short Title
This By-Law shall be cited as the "Snow Removal By-law".
## 1.2 Scope
The provisions of this By-law shall apply to all property within the geographic limits of the City of Temiskaming Shores, except where otherwise provided.
## 1.3 Enforcement
This By-law shall be enforced by a By-law Enforcement Officer or a Police Officer.
## 1.4 Conflicts with other by-law
Where a provision of this By-law conflicts with a provision of another by-law in force in the City of Temiskaming Shores, the provisions that establishes the higher standard in terms of protecting the health, safety and welfare of the general public and the environmental well-being of the municipality, shall prevails to the extent of the conflict.
## PART 2 DEFINITIONS
Definitions of words, phrases and terms used in this By-law that are not included in the list of definitions in this section shall have the meanings which are commonly assigned to them in the context in which they are used in this By-law.
The words, phrases and terms defined in this section have the following meaning for the purposes of this By-law.
## SECTION
- 2.1 "By-law Enforcement Officer" means the person or persons duly appointed by Council as Municipal Law Enforcement Officers for the purpose of enforcing regulatory by-laws of the City.
- 2.2 "City" means the Corporation of the City of Temiskaming Shores.
- 2.3 "City Property" means any land situated within the City which is owned by the City or controlled by the City by lease or otherwise.
- 2.4 "Council" means the Municipal Council of the City of Temiskaming Shores.
- 2.5 "Municipality" means the land within the geographic limit of the City of Temiskaming Shores.
- 2.6 "Person" means an individual, firm or corporation.
## PART 1 GENERAL PROVISIONS
## SECTION
- 2.7 "Police Officer" means a member of the Ontario Provincial Police service.
- 2.8 "Private Property" means property which is privately owned and is not City property.
- 2.9 "Provincial Offences Act" means the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended.
- 2.10 "Sidewalk" means any municipal walkway, or that portion of a street between curb lines or the lateral lines of a roadway, and the adjacent property line, primarily intended for use by pedestrians.
- 2.11 "Street" means a common and public highway, street, roadway, crescent, avenue, parkway, driveway, square, place, bridge, viaduct, trestle or other such place designated and intended for, or used by the general public for the passage or parking of vehicles and includes the area of land between the lateral property lines thereof.
## PART 3 REGULATIONS
## SECTION
## 3.1 Deposit of Snow
No person shall deposit, or cause to be deposited, any snow, ice, or other debris, on any City property or street from off of his or her property or any other private property.
## 3.2 Re-Deposit of Snow
- 3.2.1 and pedestrian traffic, to the other side of the street.
- 3.2.2 No person shall relocate snow within a street or allow snow to be relocated in such a manner as to encroach on the cleared portion of the street intended for vehicular and pedestrian traffic.
- 3.2.3 No person shall relocate snow within a street or allow snow to be relocated in such a manner as to obstruct the normal visibility or the safe movement of vehicular and pedestrian traffic on the street.
## SECTION
- 4.1 Any person who contravenes, suffers or permits any act or thing to be $5,000.00.
Where an offense is a continuing offence, each day that the offence is continued shall constitute a separate and distinct offence.
## PART 5 VALIDITY
## SECTION
## 5.1 Validity of By-law
If any section, clause, or provision of this By-law, is for any reason declared by a court of competent jurisdiction to be invalid, the same shall not effect the validity of the By-law as a whole or any part thereof, other than the section, clause or provision so declared to be invalid and it is hereby declared to be the intention that all remaining sections, clauses or provisions of this By-law shall remain in full force and effect until repealed, notwithstanding that one or more provisions thereof shall have been declared to be invalid.
## PART 4 PENALTIES
## THE CORPORATION OF THE CITY OF TEMISKAMING SHORES Appendix "A"OF Schedule "A"
TO BY-LAW NO. 2009-159
## SET FINES FOR BY-LAW NO. 2009-159
| Item | COLUMN 1 Short form wording | COLUMN 2 Offence creating provision or Defining offence | COLUMN 3 Set fine |
|--------|-------------------------------------------------------|-----------------------------------------------------------|---------------------|
| | Deposit snow on City property. | Section 3.1 | $100.00 |
| 2 | Re-Deposit snow from one side of street to the other. | Section 3.2.1 | $100.00 |
| 3 | Re-Deposit snow to cleared portion of street. | Section 3.2.2 | $100.00 |
| 4 | Re-Deposit snow so as to obstruct visibility. | Section 3.2.3 | $100.00 |
Note: The general penalty provision for the offences listed above is Schedule A section 4.1 of By-law No. 2009-159, a certified copy of which has been filed.