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THE CORPORATION OF THE TOWNSHIP OF WOLLASTON
BY-LAW NO. 6-2022
Being a By-Law respecting the obstruction of
highways
WHEREAS Section 8(1) of the Municipal Act, 2001, S.O. 2001, Chapter
25, Section 8(1), as amended (hereinafter the "Municipal Act, 2001")
provides that the powers of a municipality under that Act shall be interpreted
broadly so as to confer broad authority on municipalities to enable them to
govern affairs within the municipality as they consider appropriate and
respond to municipal issues;
AND WHEREAS Section 11(3) of the Municipal Act, 2001 provides that a
municipality may pass By-laws respecting highways, including parking and
traffic on highways;
AND WHEREAS Section 63 of the Municipal Act, 2001 provides that
where a municipality passes a by-law prohibiting or regulating the placing,
stopping, standing or parking of an object or vehicle on or near a highway, it
may provide for the removal and impounding or restraining and immobilizing
of any object or vehicle placed, stopped, standing or park on or near a
highway in contravention of the by-law, and authorizes a municipality to
enter upon land near a highway at any reasonable time for such purpose,
and authorizes the sale of impounded vehicles and objects, other than
motor vehicles, that are not claimed by the owner within 60 days after their
removal;
AND WHEREAS Section 391(1) of the Municipal Act, 2001 provides that a
municipality may pass By-laws to impose fees or charges on any person for
services or activities provided by the municipality;
AND WHEREAS Section 425(1) of the Municipal Act, 2001" provides that
a municipality may pass By-laws providing that a person who contravenes a
By-law of the municipality passed under the Act is guilty of an offence;
AND WHEREAS, Section 426(1) of the Municipal Act provides that no
person shall hinder or obstruct, or attempt to hinder or obstruct, any person
who is exercising a power or performing a duty under the Act or a By-law
under the Act;
AND WHEREAS Section 428 of the Municipal Act provides that a By-law
may provide that, where a vehicle has been left parked, stopped or standing
in contravention of a By-law passed under this Act, the owner of the vehicle
is guilty of offence, even though the owner was not the driver of the vehicle
at the time of the contravention of the By-law, and is liable to the applicable
fine unless, at the time of the offence, the vehicle was in the possession of
another person without the owner's consent;
AND WHEREAS Subsection 436(1) of the Municipal Act, 2001 provides
that a municipality may pass By-laws providing for the entry onto land at
any reasonable time for the purposes of carrying out an inspection to
determine compliance with a By-law;
AND WHEREAS Section 444 of the Municipal Act, 2001 provides that a
municipality may make an order to require a person to discontinue
contravening a By-law and do the work required to correct the
contravention;
AND WHEREAS Section 446 of the Municipal Act, 2001 provides that a
municipality may proceed to do things at a person's expense which that
person is otherwise required to do under a By-law but has failed to do and
the costs incurred by the municipality may be recovered by adding the costs
to the tax roll and collecting them in the same manner as taxes;
AND WHEREAS it is deemed expedient to prohibit or regulate the placing,
parking, standing, or stopping of objects and vehicles in highways or any
part of a highway or lands near highways in a manner that may pose a risk
to the safety of highway users, damage to property, or interfere with the
maintenance of or snow and ice removal activities upon highways;
AND WHEREAS The Council for the Township of Wollaston desires to
enact this By-law for the purposes of regulating and prohibiting the placing,
parking, standing, or stopping of objects or vehicles in highway or any part
of a highway, or lands near a highway in a manner that may pose a risk to
the safety of highway users, damage to property, or interfere with the
maintenance of or snow and ice removal activities upon any highway;
NOW THEREFORE the Council for the Corporation of the Township of
Wollaston hereby enacts as follows:
SHORT TITLE
1.
This By-law may be referred to as the Highway Obstruction By-law.
DEFINITIONS
2.
For the purpose of this By-law:
"Highway" means a common and public highway and includes any
highway as that term is defined in section 26 of the Municipal Act, 2001
over which the Township has jurisdiction or shared jurisdiction pursuant to
section 28 of the Municipal Act, 2001 and includes forced roads and roads
in lieu of original road allowances, and any street, road, avenue, parkway,
lane, driveway, boulevard, sidewalk, square, place, bridge, viaduct of trestle
any part of which is intended to be used by the general public for the
passage of vehicles and any appurtenant infrastructure including curbs,
sidewalks, gutters, culverts, ditches and retaining walls.
"Landscape or Construction Material" includes gravel, soil, sod,
bricks, paving stones, landscaping rocks and boulders, wooden planks, or
boards.
"Obstruct" means to block, interfere with, encumber, damage or foul
and "Obstruction" where used as a verb shall have a corresponding
meaning;
"Obstruction" when used as a noun means any object, structure or
item whatsoever, whether permanent or temporary, including but in no way
limited to any vehicle, landscaping, rocks, boulders, garbage or debris, the
carcasses of animals, snow or ice that has been moved, deposited or
placed unnaturally by persons other than the municipality or its agents,
sports equipment, infrastructure that is not appurtenant to the highway or
otherwise permitted by the municipality or by law, hedges, shrubs or
landscaping.
"Owner" includes,
a)
any person who is the registered owner of real property,
including as a joint tenant or tenant in common, as trustee or as beneficial
owner or a purchaser under agreement of purchase and sale;
b)
any person who is for the time being managing or receiving the
rent of the real property whether on that person's own account or as agent
or trustee of any other person or who would receive the rent if the real
property was let;
c)
the lawful owner of personal property;
"Occupant" means a lessee, tenant, mortgagee in possession or any
other person who has care or control of any real or personal property;
"Officer" means a Person employed by the Township to perform
duties of enforcing By-laws and appointed by Council as a Municipal Law
Enforcement Officer by By-law;
"Person" includes a natural person, corporation, partnership, or
limited partnership and the officers, heirs, executors, administrators, or
other legal representatives of a person to whom the context may apply,
according to law;
"Township" shall mean the Corporation of the Township of
Wollaston or the geographic Township of Wollaston, as the context
requires.
GENERAL PROVISIONS:
3.
No Person shall Obstruct, or being an Owner or Occupant of land
permit that land to be used for the Obstruction of, any Highway by the
placing, parking, standing or stopping of any Obstruction on or near a
Highway in a manner that would interfere with the use of the Highway, pose
a danger to users of the Highway, pose any risk of damage to the property
of any Person including the Township or prevent or interfere with the
maintenance of the Highway or removal of snow or ice on the Highway by
the Township, its employees or agents.
4.
A Person shall not be considered in violation of section 3 where the
Public Works Superintendent is satisfied that an object, structure, structure,
or vehicle:
(a) Does not obstruct pedestrian or vehicle sight lines on a Highway;
(b) Does not obstruct driveways, impede, or pose a hazard or
potential hazard to pedestrian or vehicle traffic;
(c) Does not interfere with the Township's ability to maintain the street
in a state of good repair or to keep it free of litter, snow, and ice;
(d) Does not interfere with traffic control devices or the existing and
future location and maintenance of sidewalks, bicycle trails or
utilities; and,
(e) Does not extend into the area of the Highway fronting any
neighbouring property when the common lot line is projected
perpendicular to the road.
or where the Obstruction or Person responsible for the Obstruction has
received permission from the Township pursuant to a By-law of or
agreement with the Township and remains in compliance with any and
all terms of that permission, By-law, or agreement.
NOTICE OF CONTRAVENTION:
5.
Where an Officer finds a violation of section 3 of this By-law the
Officer may issue a Notice of Contravention requiring the Owner or
Occupant of Land from which the Obstruction, in the opinion of the Officer,
originates or emanates, or to the Person who, in the opinion of the Officer,
is responsible for or is the Owner of the Obstruction.
6.
A Notice of Contravention may require any Person(s) named in the
Notice of Contravention to discontinue and remove the Obstruction and to
repair, as necessary and at the expense of such Person(s) responsible, the
Highway to the condition it had been in prior to the Obstruction, and to take
such other action as may be set out in the Notice and may stipulate a time
period for compliance with the Notice.
7.
An Officer may enter onto Land near a Highway at any reasonable
time for the purposes of investigating an Obstruction contrary to section 3 or
for the purposes of carrying out any inspection related to compliance with
this By-law.
REMOVAL OF OBSTRUCTIONS:
8.
Where a Person to whom a Notice of Contravention is issued under
section 5 fails to comply with the terms of the Notice of Contravention within
the time period set out in the Notice of Contravention, or where no time is
set out within such reasonable time as determined by the Officer, the
Township may take any necessary steps required to remove Obstruction
and repair, as necessary, the Highway and may enter upon land near a
Highway at any reasonable time for such purpose. All costs incurred by the
Township under this section shall constitute a debt to the Township owed
by the Person(s) named in the Notice of Contravention.
HAZARDOUS CONDITION:
9.
Where an Officer determines that an Obstruction of a Highway is, or
may created, a hazardous condition to the safety of any Person using the
Highway, the Township may take any action necessary to have the
Obstruction removed and the Highway repaired, if necessary, and may
enter upon land near a Highway at any reasonable time for such purpose.
All costs incurred by the Township in undertaking any work required under
this section shall be at the expense of the Person responsible for the
Obstruction or the Owner or Occupant of the property from which the
Obstruction comes from, relates to, or was created for.
DISPOSAL:
10.
(1)
Any Landscape or Construction Material removed by the
Township from a Highway or land near a Highway under this By-law may be
deposited onto the property from which the Obstruction comes from, relates
to, or was created for, or the material may be treated as refuse by the
Township or become the property of the Township which can be disposed
of in any manner or used for any purpose.
(2)
Any motorized equipment, containers, trailers, or motorized
tools removed by the Township may, at the discretion of the Public Works
Superintendent, be deposited at the property from which the Obstruction
comes from, relates to, or was created for, or be stored at a Township
facility for sixty (60) days at the Owner's expense.
(3)
Any item referred to in subsection (2), above, shall only be
released to its Owner after the Owner has paid to the Township any
applicable expense for the removal and storage of the item.
(4)
Any item referred to in subsection (2), above, that is stored at a
Township facility for more than sixty (60) days and for which an Owner has
not been identified may be disposed of by the Township in any manner it
deems appropriate.
(5)
Any item in subsection (2), above, that is stored in a Township
facility for more than sixty (60) days and for which the Owner, having been
identified, has failed to pay the applicable expenses for the said item, may
be disposed of pursuant to the provisions of the Repair and Storage Liens
Act, RSO 1990, c R 25, as amended.
RECOVERY OF EXPENSES:
11.
All expenses incurred by the Township in connection with the
enforcement of this By-law shall be paid to the Township by the Person
owing those expenses, within thirty (30) days of their billing date, and in the
event of failure to pay the entire amount due within thirty (30) days, the
outstanding balance of the expenses owed may be added to the tax roll of
the property from which the Obstruction comes from, relates to, or was
created for and collected in the same manner as property taxes.
ENFORCEMENT:
12.
No Person shall hinder or impede any Officer or any employee or
agent of the Township in doing any thing they are required or permitted to
do under this By-law.
PENALTIES:
13.
Every Person who contravenes a provision of this By-law is upon
conviction guilty of an offence and is liable to a fine recoverable under the
Provincial Offences Act, R.S.O., 1990, c. P. 33, as amended, or any
successor legislation.
14.
Where a Person is convicted of an offence under this By-law any
court of competent jurisdiction may, in addition to any penalty imposed on
the Person convicted, issue an order prohibiting the continuation or
repetition of the offence or the doing of any act or thing by the Person
convicted directed towards the continuation or repetition of the offence.
GENERAL
15.
Council delegates to its Officers and to the Superintendent of Public
Works the authority to carry out their activities as set out in this By-law.
16.
In this By-law, words importing the singular number shall include the
plural and words importing the plural shall include the singular number, and
words importing any gender shall be deemed to import all genders and the
neutral gender, unless the context requires otherwise.
17.
If any part, section, sub-section, clause, or sub-clause of this By-law
is for any reason held to be invalid, such decision does not affect the validity
of the remaining portions of this By-law.
18.
All former By-laws or parts thereof inconsistent with this by-law are
hereby repealed.
19.
This By-law shall come into force and take effect on the day of
passing.
PASSED this 14th day of February 2022.
MAYOR: LYNN KRUGER
SEAL
CLERK: BERNICE CROCKER