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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;
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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:
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1.
Definitions
1.1
In this by-law:
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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.
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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
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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.
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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
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"
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.
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Bev Matthews, Mayor
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'~Kefi$fEVQ1SOfi', Clerk