North Battleford, Saskatchewan
· adopted 2010-03-22
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CITY OF NORTH BATTLEFORD
SASKATCHEWAN
BYLAW NO. 1900
A BYLAW OF THE CITY OF NORTH BATTLEFORD IN
THE PROVINCE OF SASKATCHEWAN TO REGULATE
THE CLEARING OF SIDEWALKS.
WHEREAS Section 8 of The Cities Act provides, in part, as follows:
8(1) A city has a general power to pass any bylaw for city purposes that it
considers expedient in relation to the following matters respecting the City:
b)
the safety, health and welfare of people and the protection of people
and property;
NOW THEREFORE the Council of the City of North Battleford enacts as follows:
SHORT TITLE
1.
This Bylaw may be cited as "The Sidewalk Clearing Bylaw".
PURPOSE
2.
The purpose of this Bylaw is to require an owner or occupant of property in the City
to clear sidewalks of snow and ice or other loose debris, so as to prevent injury or
inconvenience to pedestrians.
DEFINITIONS
3.
a)
"Adjoining property" means a parcel of land next to a sidewalk;
b)
"City" means the City of North Battleford;
c)
"Council" means the Council of the City of North Battleford;
d)
"Debris" includes glass, loose dirt, mud or organic material likely to interfere
with pedestrian traffic;
e)
"Occupant" means an occupant as defined in The Cities Act;
f)
"Owner" means an owner as defined in The Cities Act;
Bylaw No. 1900 2
g)
"Roadway" means that part of a street adapted to the use of or ordinarily
used by vehicles;
h)
"Sidewalk" means that part of a street adapted to the use of or
ordinarily used by the general public for pedestrian traffic;
i)
"Street" means a street as defined in The Cities Act.
RESPONSIBILITY
4.
The owner or occupant of adjoining property shall be responsible for carrying out
the provisions of this Bylaw.
DUTY TO CLEAR SIDEWALKS
5.
(1)
The owner or occupant of adjoining property, shall clear or remove or cause
to be cleared or removed all snow or ice or other loose debris from any
sidewalk adjoining the property within forty-eight (48) hours of the time when
the snow, ice or other loose debris was formed or deposited thereon.
(2)
Notwithstanding Subsection 5(1), the owner or occupant of adjoining
property, in the areas listed in the attached Schedule "A", shall clear or
remove or cause to be cleared or removed all snow or ice or other loose
debris from any sidewalk adjoining the property within twenty-four (24)
hours of the time when the snow, ice or other loose debris was formed or
deposited thereon.
IMPROPER CLEARING OR INTERFERENCE WITH PEDESTRIAN TRAFFIC
6.
No person using a power driven device or manual device to clear or remove snow
or ice or other loose debris from the sidewalk, shall cause injury to or unduly
interfere with any person lawfully using the sidewalk, or cause damage to the
sidewalk or curbs.
CLEARING ONTO ROADWAY RESTRICTION
7.
An owner or occupant shall make every effort to clear or remove snow or ice or
other loose debris from a sidewalk by causing it to be placed upon private property.
If this is impractical, the person may place the snow or ice or other loose debris
from the sidewalk in the roadway adjacent to the sidewalk but must do so in a
manner that does not create a hazard or interfere with the use of the roadway.
Bylaw No. 1900 3
ENFORCEMENT OF BYLAW
8.
(1)
The administration and enforcement of this Bylaw is hereby delegated to the
Director of Public Works and Engineering for the City of North Battleford.
(2)
The Director of Public Works and Engineering for the City of North
Battleford is hereby authorized to further delegate the administration and
enforcement of this Bylaw to Bylaw Enforcement Officers for the City of
North Battleford.
CITY REMEDYING CONTRAVENTION
9.
The City may take whatever actions or measures are necessary to remedy a
contravention of this Bylaw, and in the case of snow or ice, the City may, pursuant
to Section 333 of The Cities Act, complete the work and add to the tax roll of the
adjoining property the unpaid expenses and costs incurred by the City for removing
the snow and ice.
NOTICE OF VIOLATION OFFENCES
10.
(1)
Every person commits an offence who:
(a)
fails to remove snow, ice or other loose debris from any sidewalk
adjoining their property within twenty-four (24) or forty-eight (48)
hours, depending on the location, of the time when the snow or ice or
other loose debris was formed or deposited thereon;
(b)
uses a power driven device or manual device to clear or remove
snow or ice or other loose debris from the sidewalk and causes injury
to or unduly interferes with any person lawfully using the sidewalk, or
causes damage to the sidewalk or curbs; or
(c)
creates a hazard or interferes with the use of the roadway by
removing snow or ice or other loose debris from a sidewalk and
placing it other than upon private property or in the roadway adjacent
to the sidewalk.
(2)
When a contravention of Subsection (1) occurs, the person responsible for
the contravention is guilty of an offence and liable on summary conviction to
a fine:
(a)
for a first offence, of $100;
(b)
for a second offence, of $200;
Bylaw No. 1900 4
(c)
for a third or subsequent offence, of $300.
(3)
Except as provided in Subsection (4), the following procedure shall apply to
offences committed under this Section:
(a)
the Director of Public Works and Engineering for the City of North
Battleford or the Bylaw Enforcement Officers may issue a notice of
bylaw violation to any person committing a first or second offence
under Subsection (1). The notice shall require the person to pay to
the City an amount specified in Clause (2)(a) or (b);
(b)
the fine may be paid:
(i)
in person, during regular office hours, to the cashier located at
City Hall, North Battleford, Saskatchewan;
(ii)
by deposit, at the depository located at the northeast entrance
to City Hall, North Battleford, Saskatchewan; or
(iii)
by mail addressed to City of North Battleford, Box 460, North
Battleford, Saskatchewan, S9A 2Y6;
(c)
if payment of the fine as provided in Clause (2)(a) or (b) is made prior
to the date when the person contravening the Bylaw is required to
appear in court to answer a charge, the person shall not be liable to
prosecution for that offence;
(d)
the amount of the fine under Clause 2(a) or (b) shall be discounted
by the sum of $25 and $50, respectively, if paid within 14 calendar
days of the date of the notice of violation. The date of payment shall
be determined as follows:
(i)
for payment in person, the date of payment shall be the date
payment is received by the City;
(ii)
for payment by deposit, the date of payment shall be the date
payment is deposited in the depository at City Hall;
(iii)
for payment by mail, the date of payment shall be the post
marked date on the remittance.
Upon payment, the person contravening the Bylaw shall not be liable to
prosecution for that offence.
Bylaw No. 1900 5
(4)
The provisions of Subsection (3) shall not apply in the case of a third or
subsequent offence.
GENERAL PENALTY
11.
(1)
No person shall:
(a)
obstruct or hinder the Director of Public Works and Engineering or
Bylaw Enforcement Officers or any other person acting under the
authority of this Bylaw; or
(b)
fail to comply with any other provision of this Bylaw.
(2)
Except where a penalty is specifically provided for in this Bylaw, every
person who contravenes any provision of this Bylaw is guilty of an offence
and liable on summary conviction as stated in the "General Penalty" Bylaw.
(3)
In the event of non-payment of a fine imposed pursuant to Clause 2(a), the
individual convicted may be imprisoned for a term as stated in the "General
Penalty" Bylaw, unless the fine is sooner paid.
COMING INTO FORCE
12. This Bylaw shall come into force and take effect on the date of the final passing
thereof.
INTRODUCED AND READ A FIRST TIME THIS 22nd DAY OF MARCH, A.D. 2010.
READ A SECOND TIME THIS 22nd DAY OF MARCH, A.D. 2010.
READ A THIRD TIME AND PASSED THIS 22nd DAY OF MARCH, A.D. 2010.
"Ian Hamilton"
MAYOR
"Debbie Wohlberg"
CITY CLERK
Schedule "A"
Bylaw No. 1900
STREET
FROM
TO
SIDE
100th
Railway Avenue
14th Avenue
East and West
101st
Railway Avenue
14th Avenue
East and West
102nd
Railway Avenue
13th Avenue
East and West
103rd
Railway Avenue
13th Avenue
East and West
Railway Avenue
100th Street
102nd Street
North and South
11th Avenue
99th Street
102nd Street
North and South
12th Avenue
99th Street
102nd Street
North and South
13th Avenue
99th Street
102nd Street
North and South