By-Law 2004-013 - Road Snow Deposit By-Law

CORPORATION OF THE MUNICIPALITY OF CALVIN

BY-LAW NO. 2004-013

AMENDMENT TO BY-LAW NO. 410

BEING A BY-LAW TO PROHIBIT THE DEPOSITING OF SNOW ON ANY HIGHWAY OR BRIDGE UNDER THE JURISDICTION OF THE MUNICIPALITY OF CALVIN.

WHEREAS section 11 subsection (1) of the Municipal Act 2001, c.25 provides that a single-tier municipality may pass by-laws respecting matters within the sphere of jurisdiction of highways, including parking and traffic on highways;

AND WHEREAS section 27 subsection (1) of the Municipal Act 2001, c.25 provides that a municipality may pass by-laws in respect of highways only if it has jurisdiction over the highway;

AND WHEREAS section 425 subsection (1) of the Municipal Act 2001, c.25 provides that by-laws may be passed by all municipalities and by police services boards for providing that any person who contravenes any by-law of the municipality or of the board, as the case may be, passed under this Act, is guilty of an offence;

AND WHEREAS section 181 of the Highway Traffic Act R.S.O 1990, c. H.8 provides that no person shall deposit snow or ice on a roadway without permission in writing to do so from the Ministry or the road authority responsible for the maintenance of the road;

NOW THEREFORE the Council of the Corporation of the Municipality of Calvin enacts as follows:

  1. No person shall deposit or cause to be deposited any snow or ice upon any portion of any road or bridge located within the territorial limits of the Municipality of Calvin.
  2. No person shall move snow within the road allowance from one side of the cleared portion of the road allowance intended for vehicular and pedestrian traffic, to the other side of the road allowance.
  3. No person shall relocate snow within the road allowance in such a manner as to encroach on the cleared portion of the road allowance intended for vehicular or pedestrian traffic, or that would result in the obstruction of the normal visibility of the safe movement of vehicular and pedestrian traffic on the road allowance.
  4. This by-law shall apply to the whole Municipality of Calvin in its entirety.
  5. Any person convicted of a breach of this by-law shall forfeit and pay at the discretion of the convicting judge a penalty not exceeding three hundred dollars ($300.00) on each conviction and penalty, and costs shall be recoverable under the provision of the Fines and Forfeitures Act R.S.O. 1990, c. F.13.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED BEFORE AN OPEN COUNCIL THIS  14th  DAY OF June 2004.