This is the exact embedded text of the captured official document.
Snapshot c50051ec389e · verified 2026-06-09 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
The following consolidated by-law is an electronic reproduction made available for convenience and information only. It
is not an official or legal version of the By-law. The format may be different, and plans, pictures, other graphics or text
may be missing or altered. The Municipality of The City of Thorold does not warrant the accuracy of this electronic
version.
Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
The Corporation of the City of Thorold
By-law No. 169-2015
A By-law to Provide for the Removal of Snow and Ice from Roofs and Sidewalks
WHEREAS subsection 11(3) of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, provides, inter alia, a lower tier municipality and an upper tier municipality
may pass by-laws, subject to the rules set out in subsection (4) therein, respecting
highways;
AND WHEREAS subsection 11(4), item 1 "Highways" of the said Act provides the
highway's sphere of jurisdiction is a non-exclusive assignment and therefore both
the upper tier municipality and its lower tier municipalities have the power to pass
by-laws under that sphere;
AND WHEREAS section 130 of the said Act provides a municipality may regulate
matters related to the health, safety and well-being of the inhabitants of the
municipality;
AND WHEREAS section 55 of the said Act provides a lower-tier municipality in
which highways are located are responsible for the maintenance of the sidewalks
and have jurisdiction over that part of the highway;
AND WHEREAS subsection 122(1) of the said Act provides a local 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 the removal shall be
undertaken;
AND WHEREAS subsection 122(2) of the said Act provides a municipality may enter
at any reasonable time upon land to remove snow and ice:
a.
from the roofs of unoccupied buildings; and
b.
from private sidewalks between a highway and the main entrance of building;
AND WHEREAS subsection 122(3) of the said Act provides a municipality may
recover the costs of removal of snow and ice from the roofs of unoccupied buildings
incurred by the municipality from the owners of such buildings by action or by adding
the costs to the tax roll and collecting them in the same manner as taxes;
AND WHEREAS section 446 of the said Act provides where a municipality has
authority under the said Act or under a by-law to direct or require a person to do a
thing or matter, the municipality may also provide the thing or matter shall be done at
the person's expense where in default of it being done by the person directed or
required to do it;
AND WHEREAS section 181 of the Highway Traffic Act R.S.O. 1990, c.H.8, as
amended, states no person shall deposit snow or ice on a roadway without written
permission from the authority responsible for the road;
The following consolidated by-law is an electronic reproduction made available for convenience and information only. It
is not an official or legal version of the By-law. The format may be different, and plans, pictures, other graphics or text
may be missing or altered. The Municipality of The City of Thorold does not warrant the accuracy of this electronic
version.
Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
AND WHEREAS the Council of the City of Thorold deems it necessary to ensure
sidewalks and roofs within its jurisdiction are cleared and are free of snow and ice.
NOW THEREFORE, the Council of The Corporation of the City of Thorold enacts as
follows:
Part 1 - Definitions
1.
In this By-law,
(a) "Building" includes the lands and premises appurtenant to a building;
(b) "City" means the City of Thorold;
(c) "Council" means the Council for the City of Thorold;
(d) "Consecutive Winter Storm Event" refers to any precipitation and/or
accumulation of snow or ice from the beginning of the original winter snow
event, and any subsequent storm events occurring with a 24 hour period
of the cessation of the previous storm event;
(e) "Curb" includes the edge of a roadway;
(f) "Municipal Law Enforcement Officer" means a person appointed by the
City for enforcement of its regulatory by-laws, or any person appointed
otherwise delegated the authority of administration and enforcement of
this by-law;
(g) "Highway" includes a common and public highway, street, avenue,
parkway, driveway, square, place, bridge, viaduct or trestle, and any part
of which is intended for or used by the general public for the passages of
vehicles and includes the area between the lateral property lines thereof,
including sidewalks;
(h) "Owner" means the owner, occupant, lessee or tenant of property or the
person having control, charge or care of property;
(i) "Roadway" means the part of the highway this is improved, designed or
ordinarily used for vehicular traffic;
(j) "Sidewalk" means that portion of a highway between the curb lines of the
lateral lines of a roadway and the adjacent property lines specifically
provided and intended for the use of pedestrians;
(k) "Significant Weather Event" means an approaching or occurring weather
hazard with the potential to pose a significant danger to users of the
highways within a municipality;1
1 Added through By-Law 10-2023.
The following consolidated by-law is an electronic reproduction made available for convenience and information only. It
is not an official or legal version of the By-law. The format may be different, and plans, pictures, other graphics or text
may be missing or altered. The Municipality of The City of Thorold does not warrant the accuracy of this electronic
version.
Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
(l) "Winter Storm Event" refers to any precipitation and/or accumulation of
snow, including blowing snow or ice.
Part II - General Duties, Obligations, and Prohibitions
2.
Except where a Significant Weather Event has been declared by the City of
Thorold, every owner of a building either occupied or unoccupied or vacant
land shall be clear away and remove or cause to be cleared away and
removed, any snow and ice from any and all sidewalks abutting highways in
front of, alongside or at the rear of such building, or vacant land within:
(a)
24 hours of the cessation of a winter storm event;
(b)
24 hours of the cessation of a series of consecutive winter storm
events;
(c)
24 hours of the cessation of a declared Significant Weather Event by
the City of Thorold.2
3.
Every Owner of a building, either occupied or unoccupied, or vacant land,
which fronts or abuts a highway on which there is a sidewalk, shall, whenever
any part of the surface of such sidewalks has become slippery due to snow
and ice which have not been completely removed, immediately upon the
existence of any such slippery condition, sprinkle or cause to be sprinkled
upon such portion of the sidewalk ashes, sand, salt or other suitable material
in a manner as to thoroughly cover such slippery surface.
4.
Every Owner of a building, either occupied or unoccupied, that contains a roof
which slopes toward a highway or a sidewalk on a highway in front of,
alongside of, or at the rear of such buildings so that the snow or ice may fall
from such roof causing damage to pedestrians, vehicular traffic and/or to the
sidewalk or highway, shall, whenever snow or ice accumulates on the roofs or
eaves, remove the same immediately, in a manner showing due care and
precaution for the safety of persons and vehicular traffic.
5.
No owner shall throw, place, bring, 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)
on or adjacent to a travelled portion of the highway, or in such a
manner so as to interfere with the safe passage of vehicles, or
pedestrians, or obstruct the visibility of vehicle operators or
pedestrians;
(c)
in such a manner as to obstruct drainage to any drain or sewer;
(d)
in such a manner as to damage any sidewalk, boulevard or curb.
2 Section 2 amended through By-Law 10-2023.
The following consolidated by-law is an electronic reproduction made available for convenience and information only. It
is not an official or legal version of the By-law. The format may be different, and plans, pictures, other graphics or text
may be missing or altered. The Municipality of The City of Thorold does not warrant the accuracy of this electronic
version.
Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
6.
(a)
No owner shall damage or allow the sidewalk, boulevard or curb to be
damaged by way of the methods used to clear the snow and ice.
(b)
No owner shall use or allow to be used any vehicle or plow to remove
snow wider that the sidewalk being plowed.
Part III -Enforcement and Penalty
7.
Each Person and/or corporation who contravenes a provisions of this By-law
shall:3
(a)
when given a Penalty Notice in accordance with the City of Thorold's
Administrative Penalty By-law, be liable to pay to the City an Administrative
Penalty in the amount specified by the Administrative Penalty By-law, for
each day or part of a day on which the contravention continues; or
(b)
upon conviction be liable to fines as provided for in the Provincial Offences
Act, R.S.O. 1990, c. P.33, as amended.
8.
Where an Owner fails to comply with the requirements of this By-law, the
Municipal Law Enforcement Officer may give the Owner notice and direct
them to comply with the By-law within 24 hours. Further, that if the Owner so
directed, fails or neglects to comply with such notice, the City may, at the
expiration of the time set out in such notice, cause all snow and ice to be
removed and cleared from the said sidewalk or roof, at the expense of the
Owner. The City may recover the expenses incurred in such removal and
clearing, and any other expenses arriving out of the enforcement of this
By-law, in a like manner as municipal taxes.
Part IV - General Provisions
Severance
9.
Should a court of competent jurisdiction declare any part or whole of any
provisions 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 the 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 of the extent possible under the
law.
Enactment
10.
This By-law shall come into force and effect on the date of its passing and
enactment.
3 Section 7 amended through By-law 148-2019.
The following consolidated by-law is an electronic reproduction made available for convenience and information only. It
is not an official or legal version of the By-law. The format may be different, and plans, pictures, other graphics or text
may be missing or altered. The Municipality of The City of Thorold does not warrant the accuracy of this electronic
version.
Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
Short Title
11.
The short title of this By-law is "The Snow Removal By-law".
Exemptions
12.
The City and Region of Niagara need not comply with section 5 herein in the
course of street and highway snow clearing operations for the immediate
benefit of the public.
13.
Snow removal from a sidewalk may not apply if a significant amount of snow
and/or ice, as determined by the Municipal Law Enforcement Officer, is
placed or deposited upon the sidewalk by the City, Region of Niagara or
person other than the Owner.
Read a first, second and third time and finally passed by Council this 15th day of
December, 2015.
______________________
A. T. (Ted) Luciani, Mayor
______________________
Susan Daniels, City Clerk