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TOWN OF ROSETOWN
BYLAW NO. 783-18
1
A BYLAW OF THE TOWN OF ROSETOWN TO REGULATE THE CLEARING OF SNOW, ICE, AND
ANY OTHER DEBRIS FROM PUBLIC SIDEWALKS AND ROADWAYS
TABLE OF CONTENTS
PART:........................................................................................................................................................1
1.
CITATION..........................................................................................................................................1
2.
DEFINITIONS....................................................................................................................................1
3.
APPLICATION...................................................................................................................................2
4.
REGULATION OF SIDEWALK CLEARING...................................................................................... 2
5.
IMPROPER CLEARING AND INTERFERENCE WITH PEDESTRIAN TRAFFIC............................2
6.
REGULATIONS FOR CLEARING.....................................................................................................2
7.
SNOW CLEARING FOR PUBLIC ROADWAYS............................................................................... 2
8.
REMEDY FOR CONTRAVENTION.................................................................................................. 3
9.
ENFORCEMENT AND PENALTIES................................................................................................. 3
10.
REPEAL AND COMING INTO FORCE.........................................................................................4
SCHEDULE "A" - PENALTIES.................................................................................................................. 5
The Council of the Town of Rosetown in the Province of Saskatchewan enacts as follows:
PART:
1.
CITATION
This Bylaw may be cited as the "Snow Clearing Bylaw".
2.
DEFINITIONS
1)
"ADJACENT" shall mean the front of, alongside but not necessarily in direct contact with the
property line;
2)
"CHIEF ADMINISTRATIVE OFFICER" shall mean the Chief Administrative Officer (CAO) of the
Town of Rosetown or his/her designate;
3)
"COUNCIL" shall mean the Council of the Town of Rosetown;
4)
"DEBRIS" shall mean any loose dirt, mud or organic material likely to interfere with pedestrian
traffic;
5)
"MUNICIPAL ENFORCEMENT OFFICER" shall mean the Municipal or Bylaw Enforcement
Officer appointed or designated by Council for the Municipality;
6)
"OCCUPANT" shall mean any person inhabiting a building of any use including commercial or
residential;
7)
"OWNER" shall mean a person who has any right, title, estate or interest in a property;
8)
"ROADWAY" shall mean any municipal road, parkway, driveway, square, or place designated
and intended for use by the general public for the passage of vehicles, and does not include
any area that is primarily intended to be used for the parking of vehicles nor the passageways
on that area;
9)
"SIDEWALK" shall mean the public pathways, paved or otherwise, intended for exclusive use
by pedestrians, including those along roadways and walking trails;
10) "TOWN" shall mean the municipality of the Town of Rosetown in the province of Saskatchewan.
TOWN OF ROSETOWN
BYLAW NO. 783-18
2
3.
APPLICATION
This bylaw regulates removal of snow, ice, and any other debris on public sidewalks and roadways.
4.
REGULATION OF SIDEWALK CLEARING
1) The Owner of property in a commercial district shall ensure that public sidewalks adjacent to their
property are safe and clear for pedestrian use within twenty-four (24) hours from the time when
the snow, ice, or other debris has begun to accumulate, whereas:
a) any hazardous conditions created by snow or ice shall be cleared and removed;
b) sand or similar material may be applied in moderation to icy sidewalks when slippery
conditions persist after snow removal;
c) the sidewalk surface shall be clear and free of dirt, debris or other obstructions, unless icy
conditions persist as in b) above.
d) if removal of snow to private property is not possible, the owner or occupant of
adjacent property may dispose of it on the public roadway in such a manner that it
does not create a hazard or interfere with the use of the roadway.
5.
IMPROPER CLEARING AND INTERFERENCE WITH PEDESTRIAN TRAFFIC
The clearing or removal of snow, ice, or debris, whether by power-driven or manual equipment,
shall not cause injury to, or unnecessarily interfere with, any pedestrian using the sidewalk, or
cause damage to the sidewalk, curbs, or adjacent Town property.
6.
REGULATIONS FOR CLEARING
1)
Notwithstanding Subsection 4(1)(d), no person shall move snow onto any public roadway,
pathway, or property.
2)
No person shall move snow, ice, or other debris onto any neighboring private property.
3)
No person shall leave snow, ice, or other debris in such any place that it obstructs or creates an
unsafe condition for pedestrian or vehicular traffic.
4)
When clearing snow, ice, or debris, into piles during the removal process:
a)
in commercial and industrial areas: no piles shall exceed two (2) meters in length
or height for a period longer than forty-eight (48) hours.
5)
The Town will provide a minimum of one (1) public snow disposal site for users to move snow,
ice, and debris to, in order to regulate drainage, and:
a)
Users shall be responsible to use and maintain the public snow disposal site in a clean
and orderly fashion, and;
b)
the public snow disposal site shall not be accessed between the hours of 11:00 pm to
7:00 am, in accordance with Town Noise Bylaw.
7.
SNOW CLEARING FOR PUBLIC ROADWAYS
1)
The Town shall monitor conditions on a regular basis and take all reasonable efforts to ensure
that roadways are passable.
2)
Streets will not be sanded during fresh snowfall.
TOWN OF ROSETOWN
BYLAW NO. 783-18
3
3)
In the event of a major snowfall, the Town shall take all reasonable efforts to ensure that high
traffic roadways and emergency routes remain passable, including clearing blocked areas and
sanding.
4)
In the event of a major snowstorm, the wind direction, rate of snowfall and other conditions may
require extraneous action not set out in this bylaw.
5)
No cleanup will occur in unsafe conditions.
8.
REMEDY FOR CONTRAVENTION
1)
The Town may take any necessary measures required to remedy a contravention of this Bylaw
and all expenses incurred shall be charged back to the property Owner;
2)
Where the Town has remedied a contravention, the Town shall apply all incurred expenses to
the tax roll of the adjacent parcel of land in accordance with Section 369 of The Municipalities
Act;
9.
ENFORCEMENT AND PENALTIES
Any Police Officer responsible for policing the Municipality, the Municipal Enforcement Officer or
any other person specifically appointed by the Municipality are hereby designated to enforce all
Sections of this Bylaw.
1)
Penalties and Notices of Violation
a)
Any person who contravenes any of the provisions of this Bylaw or fails to comply therewith
or with any notice given thereunder is guilty of an offence and is liable to the penalties as
hereinafter provided. Said offence and penalties shall be listed on Schedule "A".
b)
Any person who contravenes the provisions of this Bylaw as NOT specifically set out in
Schedule "A" or fails to comply therewith, or with any notice given thereunder, is guilty of an
offence and is liable on summary conviction to a fine in an amount not exceeding that
provided for by the Town of Rosetown General Penalty Bylaw.
2)
Payment of Notices of Violation
a)
Where any person has committed or is alleged to have committed a breach of any of the
provisions of this Bylaw, a ticket, summons, or notice may be served on such person by a
Police Officer, Municipal Enforcement Officer, or any person duly authorized by Council.
Such person served with a ticket or notice may voluntarily pay same at the Rosetown
Municipality Administration Office between the hours of 9:00 a.m. and 5:00 p.m., excepting
Saturdays, Sundays, and public holidays, provided that payment is be made within a period
of ten (10) days from the service of the said ticket or notice. If payment is made within such
time and accepted, then that person shall not be liable to prosecution for the offense.
b)
Service of a ticket or notice pursuant to this Bylaw may be made by:
(i)
by mailing such ticket, summons, or notice to the last known address of the Owner of
said Adjacent property; or
(ii) by personally delivering the ticket, summons, or notice to the person committing the
breach of the provision of this Bylaw.
TOWN OF ROSETOWN
BYLAW NO. 783-18
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c)
A person to whom a Notice of Violation is being issued pursuant to this Section shall, upon
request, provide their name and address. Any person who fails to provide this information
is guilty of an offence and liable on summary conviction to be assessed a fine as outlined in
the most current Town of Rosetown General Penalties bylaw.
d)
Any violation that is prosecuted and subsequently convicted shall be paid within fifteen (15)
days of the conviction. If any person fails to resolve outstanding payment fifteen (15) days
after conviction is rendered by a court of competent jurisdiction, an additional penalty of fifty
dollars ($50) shall be added to the total outstanding amount.
10. REPEAL AND COMING INTO FORCE
1)
Bylaw No. 741-16 and Bylaw No. 557-08 and all amendments are hereby repealed.
2)
This Bylaw shall come into force and be in effect on the final passing thereof.
____________________________________
Mayor
(SEAL)
____________________________________
Chief Administrative Officer
Read a third time and adopted this day of , 2018
TOWN OF ROSETOWN
BYLAW NO. 783-18
5
SCHEDULE "A" - PENALTIES
Offence
Penalty Sum(Fine)
1st
Offence
2nd
Offence
3rd
Offence
Failure to remove snow, ice, other debris
within designated time frame.
$50
$100
$250
Improper Clearing
$50
$100
$250
Causing damage to Town sidewalk or
curb
*Fine plus applicable costs to restore to previous
state.
$100
$250
$500
Failure
to
adhere
to
pile
height
requirement
$50
$150
$500
Clearing snow onto any land other than
Private Adjacent Property
$50
$150
$500
Causing
an
obstruction
or
unsafe
situation
$50
$150
$500
Inappropriate disposal at Public Snow
Disposal Site
*Fine plus applicable costs to restore to previous
state.
$50
$150
$500