Snow Removal By-law B2018-015

Trent Lakes, Ontario

This is the exact embedded text of the captured official document. Snapshot e8c078eb2dfb · verified 2026-06-09 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

l 2. The Corporation of the Municipality of Trent Lakes. By-law No. B2018-015 _A by-law respecting the removal of snow and ice within the Municipality of Trent Lakes Whereas Section 8 of the Municipal Act, 2001, 8.0. 2001, c.25 (hereinafter referred to as the "Municipal Act") provides that the powers under the Municipal Act or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate to enhance the municipality's ability to respond to municipal issues; And Whereas Section 181 of the Highway Trafiic Act, R.S.O. 1990, c.H.8 prohibits any person from depositing snow" or ice on a roadway without pem1ission in writing from the road authority responsible for the maintenance of the road; And Whereas pursuant to Section 425 of the Municipa|'Act, a municipality may pass by-laws 'providing that a person that contravenes a- by-law of the municipality passed under this Act is guilty of an offence; And Whereas pursuant to Section 426 of the Municipal Act, no person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a power or perfonning a duty under this Act or under a by-law passed under this Act; And Whereas pursuant to Section 429 of the Municipal Act, a municipality may establish a system of fines for offences under a by-law passed under a by-law of the municipality passed under this Act; ' And Whereas pursuant to Section 436 of the Municipal Act, a By-law Enforcement Officer may enter upon any land at any reasonable time for the purpose of carrying out an inspection to determine compliance with this by-law; Now Therefore the Council of The Corporation of the Municipality of Trent Lakes enacts as follows: ~ 1. Definitions 1.1 In this by-law: ' a) "Building" means any structure -consisting of a roof supported by walls or columns which is used or intended to be used for the shelter, accommodation or enclosure of Persons, animals, goods, chattels or equipment and includes an unoccupied building-. b) "Director" means the person appointed by the Corporation to be Director of Public Works or his designate. c) "Highway" means a common and public highway, street, avenue, lane, parkway, driveway, sidewalk, square, place, bridge, viaduct, trestle, including the area between the lateral property lines that is intended for the use of the general public. d) "Officer" means a person who has powers or duties with respect to the administration of this by-law. e) "Owner" means the owner of a property. f) "Municipality" means The Corporation of the Municipality of Trent Lakes. g) "Person" includes an individual, partnership, association, firm or corporation. amen 2.1 No Person shall deposit or permit to be deposited snow or ice from private property onto or pile, redistribute or otherwise cause the accumulation of snow on any portion of a Highway. No Person shall deposit or pemwit to be deposited snow or ice from any property on or along one side of a, Highway and deposit the snow or ice onto the opposite side of-the Highway at any time. . No Person shall deposit or permit to be deposited snow -or ice exceeding one (1) metre in height to be created on property adjacent to a Highway in such a way as to cause obstruction, encumbering or fouling of a Highway. Every Person who owns a Building in such close proximity to a Highway that snow or ice may fall or flow upon the Highway shall clear away and remove, or cause to be cleared away and removed, the snow and ice whenever snow or ice accumulates upon any portion of the Building to such an extentthat it is likely to fall or flow onto any Highway. ' 2 Administration andfiEnforc_elnent Any Officer or any other individual assisting an Officer may, at all reasonable times, enter upon land for the purpose of carrying out an inspection, taking photographs and obtaining evidence to determine compliance with this by- law and an Officer may be accompanied by other Municipal employees or agents for this purpose. Obstruction l No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising, a power or performing a duty under this by-law. Any person who is alleged to have contravened any of the. provisions of this by- law shall identify themselves to the Officer upon request. Failure to identify upon request shall be deemed as obstruction of the Officer. ' Offences and Penalties Any Person who contravenes any of the provisions of this by-law is guilty of an offence and, upon conviction, is liable to any penalty provided under the Provincial Offences Act, R.S.O. 1990, c.P.33, as amended. Every person guilty of an offence under this by-law may, if permitted under the Provincial Offences Act, pay a set fine and the Chief Justice of the Ontario Court .of Justice shall be requested to establish set fines in accordance with Schedule "A" of this by-law For the purpose of this by-law, each day of a continuing offence shall be deemed to be a separate offence. Conflict This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the Municipality or by any governmental authority having jurisdiction to make such restrictions or regulations. lf there is a conflict "between a provision of this by-law and a provision of any other municipal by-law, the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply. Severability i " If any provision or part of a provision in this by-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative, in whole or in part, or inoperative in certain circumstances, the balance of the by-law, or its application in other circumstances, shall not be affected and shall continue to be in full force.a'nd effect. Short Title This by-law shall be known as the "Snow and lce Removal By-law". 9. Effective Date 9.1 This by-law shall come into full force and effect upon the date of passage hereof. Read a first, second and third time and passed this 6"' day of February, 2018. ii- Bev Matthews, Mayor /'\, %/i if i if 7 T\\\_ ' [1 //' 1 '~Kefi$fEVQ1SOfi', Clerk