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November 10, 2020 - OFFICE CONSOLIDATION
THE CORPORATION OF THE CITY OF WELLAND
BY-LAW NUMBER 2008-185
BEING A BY-LAW REQUIRING PROPERTY OWNERS TO CLEAR SNOW AND ICE
FROM THE PUBLIC SIDEWALK ADJACENT TO THEIR PROPERTY WITHIN
TWENTY FOUR HOURS OF THE SUBSTANTIAL END OF A SNOWFALL OR
PRECIPITATION EVENT
WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, Chapter 25, as amended
provides that by-laws may be passed by a lower-tier municipality;
AND WHEREAS Sections 8 and 9 of the Municipal Act, 2001, S.O. 2001, Chapter 25, as
amended provides for the interpretation and scope of by-law making powers;
AND WHEREAS Section 55.1(1) of the Municipal Act, 2001, S.O. 2001, Chapter 25, as
amended provides that a lower municipality has jurisdiction over sidewalks of an upper tier municipality;
AND WHEREAS Section 128 of the Municipal Act, 2001, S.O. 2001, Chapter 25 as
amended provides that a local municipality may prohibit and regulate with respect to public nuisances,
including matters that, in the opinion of Council, are or could become or cause public nuisances;
AND WHEREAS Section 446 of the Municipal Act, 2001, S.O. 2001, Chapter 25, as
amended provides that where a municipality has the authority by any Act or by-law 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 so, the matter or thing shall be done at the person's expense and the
municipality may recover the costs of doing the matter or thing from the person required to do it, by action
or by adding the costs to the tax roll and collecting them in the same manner as taxes;
AND WHEREAS it is the desire of the Council of the Corporation of the City of Welland to
regulate snow and ice removal from public sidewalks with a view to ensuring the safety of the public in
respect to the public use of such sidewalks;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
WELLAND ENACTS AS FOLLOWS:
SECTION 1
SHORT TITLE
1.1
This by-law may be cited as "The Sidewalk Snow Clearing By-law".
SECTION 2
SCOPE
2.1.1.
The provisions of this by-law shall be applicable on all lands and properties within the
limits of the Corporation of the City of Welland
2.1.2.
Council may, by way of resolution, grant exemptions from this by-law without amending
the by-law.
SECTION 3
DEFINITIONS
In this by-law,
3.1.
"City" means the Corporation of the City of Welland.
3.2.
"Council" means the Council of the Corporation of the City of Welland.
3.3.
"Municipal Law Enforcement Officer" means a person appointed by the City for
enforcement of its regulatory by-laws, or any person appointed or otherwise delegated
the authority of administration and enforcement of this by-law.
3.4.
"Owner" means the property owner or other person in control of, or how has an interest,
as an owner/tenant, in the property adjacent to a public sidewalk.
3.5.
"Public Sidewalk" means the municipal sidewalk, improved for the use of pedestrians,
located on a road allowance or street, owned by the City or the Region, adjacent to a
property, and includes a sidewalk used by the public along a road allowance, if the
sidewalk is, for whatever reason, located partially or wholly off the road allowance.
November 10, 2020 - OFFICE CONSOLIDATION
3.6.
"Region" means The Regional Municipality of Niagara.
3.7.
"Street" means a highway, road, or other public right-of-way as defined by the Highway
Traffic Act and the Municipal Act but does not include a private lane or an unopened road
allowance.
SECTION 4
GENERAL PROVISIONS
4.1.
General Regulations Applicable
4.1.1.
Every owner of property shall remove fallen snow and ice from the public sidewalk
adjacent to their property no later than 24 hours after the substantial end of a snowfall or
precipitation event, or the substantial end of a series of consecutive snowfalls or
precipitation.
4.1.2.
No person shall place or deposit snow or ice upon a public sidewalk.
4.1.3.
No person shall place or deposit snow or ice on, or immediately adjacent to a fire
hydrant, or in any manner that obstructs access to the fire hydrant.
4.1.4.
No person shall place or deposit snow or ice in the traveled portion of a highway in a
manner that obstructs vehicular travel.
4.1.5.
No person shall place or deposit snow or ice in a manner that interferes with the intended
operation of any public utility, traffic control, fire route, building health/safety system,
municipal street, or municipal water/sewer system.
4.2.
Exemptions
4.2.1.
The City and Region need not comply with Sections 4.1.2. through 4.1.5., in the course of
street and highway snow clearing operations for the immediate benefit of the public.
4.2.2.
Section 4.1.1. does not apply if a significant amount of snow or ice, as determined by a
Municipal Law Enforcement Officer, is placed or deposited upon the sidewalk by the City,
Region or person other than the owner.
SECTION 5
SNOW AND ICE REMOVAL BY CITY
5.1.
Where an owner is in contravention of any provision of this by-law, the City, or a
Municipal Law Enforcement Officer, in addition to any other action, may send notice to
the owner, requiring compliance with this by-law. In the event that a notice is sent and
the matter in the notice is not remedied to conform with the provisions of this by-law
within the time period set out in the notice, the City, its employees, agent or contractor
may enter upon any land and carry out the work required to comply with this by-law, and
may recover the costs in accordance with Section 446 of the Municipal Act.
5.2.
Any notice given under this by-law may be given by ordinary mail or hand delivered to the
address of the subject property, or to the address of the owner according to the last
revised Assessment Roll of the subject property, or the notice may be posted at the
subject property, and such service shall be deemed good and sufficient service.
5.3.
Notwithstanding Section 5.1., the City, its employees, agent or contractor may, without
notice, perform any work necessary to comply with this by-law where there is an
immediate danger or threat to public safety, and recover costs as in Section 5.1.
5.4.
Any thing removed by this Section may be deposited elsewhere on the subject property.
SECTION 6
ADMINISTRATION, ENFORCEMENT AND RIGHT OF ACCESS
6.1.
This by-law shall be administered and enforced by the City, a Municipal Law Enforcement
Officer or any person appointed or otherwise delegated the authority of administration
and enforcement.
6.2.
The Municipal Law Enforcement Officer may enter upon and within and inspect any land,
property, building or structure at any time to determine if any Section of this by-law is
complied with, or to determine if any condition, direction or order issued pursuant to this
by-law or the Municipal Act, or any court has been complied with.
November 10, 2020 - OFFICE CONSOLIDATION
6.3.
The Municipal Law Enforcement Officer shall have inspection powers described in
Section 436 of the Municipal Act, 2001.
6.4.
No person shall obstruct or hinder, or attempt to obstruct or hinder, a Municipal Law
Enforcement Officer, in the exercise of a power or the performance if a duty under this
by-law.
6.5.
No person shall refuse to produce any documents or things required by a Municipal Law
Enforcement Officer under Section 6.3., and every person shall assist any entry,
inspection, examination, or inquiry by a Municipal Law Enforcement Officer.
6.6.
No person shall knowingly furnish false information in any form to the City of Municipal
Law Enforcement Officer with respect to this by-law.
SECTION 7
OFFENCES AND PENALTIES
7.1.
A person is guilty of an offence if the person,
(a)
fails to comply with an order, direction, or other requirement under this by-law, or
(b)
contravenes this by-law.
7.2.
A director or officer of a corporation who knowingly concurs in the contravention of this
by-law by the corporation is guilty of an offence.
7.3.
A person who is convicted of an offence under this by-law is liable to a fine of not more
than $10,000 for a first offence, and to a fine of not more than $20,000 for a subsequent
offence, where there has been a previous conviction under this by-law.
7.4.
A person who is convicted of a continuing offence under this by-law is liable to a fine of
not more than $10,000 for each day or part of a day that the offence continues.
7.5.
Administrative Penalty By-law 2019-134 applies to each administrative penalty issued
pursuant to this By-law.
7.6.
Any person who contravenes any provision of this By-law shall, upon issuance of a
penalty notice in accordance with Administrative Penalty by-law 2019-134, be liable to
pay to the City an administrative penalty in accordance with the penalties as set out in
Schedule "A" attached.
SECTION 8
VALIDITY
8.1.
Should any Section, clause or provision of this by-law be held by a court of competent
jurisdiction to be invalid, the validity of the remainder of the by-law shall not be affected.
SECTION 9
EFFECTIVE DATE
9.1.
This by-law shall come into force and take effect on the date of passing thereof.
READ A FIRST, SECOND AND THIRD TIME AND PASSED BY COUNCIL THIS 25TH
DAY OF NOVEMBER, 2008.
___________________________ MAYOR
____________________________ CLERK
By-law Amendments:
By-law 2020-133: November 10, 2020
November 10, 2020 - OFFICE CONSOLIDATION
THE CORPORATION OF THE CITY OF WELLAND
SIDEWALK SNOW CLEARING BY-LAW 2008-185
SCHEDULE "A"
ITEM
COLUMN 1
SHORT FORM WORDING
COLUMN 2
OFFENCE
CREATING
PROVISION
OR
DEFINING
OFFENCE
COLUMN 3
SET FINE
1.
Fail to remove fallen snow from public sidewalk
Section 4.1.1.
$250.00
2.
Fail to remove fallen ice from public sidewalk
Section 4.1.1.
$250.00
3.
Place/deposit snow upon public sidewalk
Section 4.1.2.
$250.00
4.
Place/deposit ice upon public sidewalk
Section 4.1.2.
$250.00
5.
Place/deposit snow/ice adjacent to fire hydrant
Section 4.1.3.
$250.00
6.
Place/deposit snow/ice in a manner to obstruct access to
fire hydrant
Section 4.1.3.
$250.00
7.
Place/deposit snow on traveled portion of highway
obstructing traffic
Section 4.1.4.
$250.00
8.
Place/deposit ice on traveled portion of highway obstructing
traffic
Section 4.1.4.
$250.00
9.
Place/deposit snow/ice in a manner than interferes with
public utility
Section 4.1.5.
$250.00
10.
Place/deposit snow/ice in a manner that interferes with
traffic control
Section 4.1.5.
$250.00
11.
Place/deposit snow/ice in a manner that interferes with fire
route
Section 4.1.5.
$250.00
12.
Place/deposit snow/ice in a manner that interferes with
building system
Section 4.1.5.
$250.00
13.
Place/deposit snow/ice in a manner that interferes with
municipal street
Section 4.1.5.
$250.00
14.
Place/deposit snow/ice in a manner that interferes with
municipal water/sewer system
Section 4.1.5.
$250.00
15.
Obstruction
Section 6.4
$250.00
16.
Fail to produce any documents/things required by an
Officer
Section 6.5
$250.00
17.
Furnish false information to an Officer
Section 6.6
$250.00