HomeMy WebLinkAboutWD-50-99
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # M 6.
.
Date:
DECEMBER 6, 1999
Res. ~jJll-?ffo< -1f
Report No.: WD-50-99
OUR FILE: 0.10.06
By-Law #
Subject:
SIDEWALK SNOW CLEARING
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report WD-50-99 be received;
2. THAT the Municipality of Clarington continue to provide winter maintenance of sidewalks
along municipal properties, at approved senior citizens' locations, along sidewalks of the
physically disabled and at sidewalks along rear property frontages;
3 . THAT sidewalks where inadequate snow storage space is available be cleared by the Public
Works Department after all municipal streets have been completed and after the snow is
removed in the Business Improvement Areas ofBowmanville, Newcastle and Orono; and
4. THAT By-Law #93-144 be amended to allow property owners thirty-six (36) hours td
remove the accumulated snow from sidewalks when a snowfall equal to or greater than 20
centimetres (8 inches) occurs.
REPORT
1.0 ATTACHMENTS
No.1:
No.2:
No.3:
Correspondence from Frank Cowan Company Limited
Correspondence dated March 8, 1999 from Edwin and Violet Cook
Correspondence dated March 5, 1999 from Paulette Hebert
11 94
f
REPORT NO.: WD-50-99
PAGE 2
No.4:
By-Law #93-144 to Regulate the Clearing Away and Removal of Snow and Ice
from the Roofs of Buildings and from Sidewalks within the Municipality of
Clarington.
Summary of Properties with Limited or no Boulevard Space for Snow Storage
Proposed by-law amending snow clearing By-Law #93-144
No.5:
No.6:
2.0 BACKGROUND
2.1 Correspondence was received by Members of Council from two homeowners, Attachment
No.'s 2 and 3, pertaining to the ongoing problems regarding sidewalk snow clearing by
residents. At a Council Meeting held on March 22, 1999, Council passed Resolutions #C-
199-99 and #C-200-99, both being referred to the Director of Public Works for appropriate
action.
2.2 During the winter of 1998/99, a large quantity of snow accumulated within an unusually
short period of time during the first two weeks of January, frustrating property owners,
taxpayers, contractors and staff, and resulting in an increased number of winter complaints.
2.3 At a meeting held on May 10, 1999, the Council of the Municipality of Clarington approved
Recommendation #GP A-252-99:
"THAT $40,000 identified as priority #2 for snow clearing of sidewalks be
approved, effective January 1,2000."
3.0 REVIEW AND COMMENT
3.1 Section 210(60) of the Municipal Act R.S.O. 1990 provides that a Council ofa
municipality may pass by-laws regarding the removal of snow and ice from roofs and
sidewalks of occupied premises.
11 95
, "
REPORT NO.: WD-50-99
PAGE 3
3.2 The Municipality of Clarington's By-Law #93-144, Attachment No.4, states that every
owner or occupant of property is to clear away and remove any snow and ice from the
sidewalk on any highway in front of, alongside or at the rear of the property within twelve
(12) hours after a fall of snow.
3.3 The Public Works Department is in contract with D & F Snow Removal to perform winter
maintenance of sidewalks along municipally owned properties, at approved senior citizens'
locations, along the sidewalks of the physically disabled and at sidewalks along rear
property frontages.
3.4 The majority of the residential complaints relating to winter sidewalk clearing seem to be
where there is no boulevard or only a partial boulevard between the road and sidewalk. As
a result, the windrow from the street snowplough is stock piled on the sidewalk.
During the past winters, it has been the practice of the Public Works Department to plough
back and clean up streets on the day following a fall of snow. This also causes complaints
because not only do the residents have to clear the windrow from the street snowplough the
first time, a smaller windrow would appear the second day.
Another area of concern is at the intersection of streets where the sidewalk meets the road.
A windrow is left at the comers causing pedestrians to have to climb over the windrow.
The removal of this windrow is also the responsibility of the owner/occupant of the
property. At locations where there is partial or no boulevard, this requirement becomes
increasingly difficult to carry out.
, 1 96
REPORT NO.: WD-50-99
PAGE 4
3.5 Senior Snow Clearing and Physically Disabled Sidewalk Snow Clearing and Windrow
Removal Program
3.5.1 Present Level of Service
Since 1992, the Municipality of Clarington has offered a sidewalk snow clearing and
windrow removal program to senior citizens and physically disabled persons. During the
winter of 1998/1999, 562 seniors' and physically disabled locations were approved, along
municipal and regional roads, consisting of 11 kilometres of sidewalk, as well as 559
driveway windrows measured to be 3.2 kilometres in length.
The 1999 Budget approved $45,000 for the seniors program, of which $22,350 was actually
spent during the winter of 1998/99.
The majority of complaints received from residents as a result of the program were from:
*
the approved applicants not getting their windrow removed in adequate time
or having it missed;
*
the neighbours adjacent to approved seniors complaining that the contractor
was entering or exiting from their driveway; and
*
the approved applicant complaining that the contractor was leaving a small
windrow along the driveway from the sidewalk equipment.
From a contractor's perspective, some of the problems in the winter of 1998/99 were:
*
approved applicants requesting that the end of the driveway be cleared
before all streets were ploughed;
*
applicants requesting the driveway windrow be removed when the height of
the windrow is minimal;
, 1 97
REPORT NO.: WD-50-99
PAGE 5
*
applicants clearing the driveway and stock piling snow at the windrow,
expecting the contractor to remove all of the snow;
*
some driveways have interlocking brick, thereby increasing the risk of
causing damage to the driveway;
*
some driveways have wood or concrete edging along the driveway, further
increasing the risk of damage;
*
sanding and salting of sidewalks becomes very costly when a build-up of
snow along both sides of the sidewalk creates ponding and freezing on
walking surfaces, necessitating repeated applications of sand/salt;
*
there are applicants in locations where there is no boulevard between the
road and the sidewalk, so windrow removal must be stock piled on private
property along with the sidewalk snow; and
*
there is quite a bit of grass overgrowth on some sidewalks, so when the
contractor is clearing these sidewalks, sections of this grass will be cleared
as well.
3.5.2 Level of Service for Seniors' Sidewalk Snow Clearing
The required level of service for the sanding and clearing of snow on sidewalks must be
performed according to Municipal By-Law #93-144, which states that it must be removed
within twelve (12) hours after a fall of snow.
3.5.3 Level of Service for Windrow Removal
Recognizing that there is no required municipal by-law for the removal of a driveway
windrow, the priority is placed on sidewalk clearing. The current level of windrow service
1 1 98
REPORT NO.: WD-50-99
PAGE 6
provided by the Public Works Department is to commence windrow removal when all
sidewalks are completed and all municipal and regional streets have been ploughed.
Currently, the windrow does not get removed when the contractor is clearing the seniors'
and physically disabled sidewalks.
3.5.4 Community Care
It has been suggested to the Public Works Department that Community Care might be able
to assist in the Senior Citizen and Physically Disabled Program for sidewalk snow clearing
and windrow removal. Community Care relies on volunteers such as students, seniors, and
people with full time jobs. Community Care does not use a contractor and the majority of
snow clearing is performed manually with shovels. Community Care assist only registered
applicants and charge a six (6) dollar per hour rate for snow removal.
In the month of January, 1999, Community Care provided 123 snow shovelling tasks for
registered applicants compared to an estimated 10,000 sidewalk snow clearing tasks, 10,000
sidewalk sanding tasks and 4,000 windrow removals at approved senior citizen's and
physically disabled locations performed by the Public Works contractor.
It is felt that Community Care would not have the staff, manpower and funding to manage
562 applicants.
3.5.5 Proposed Level of Service - Seniors' Snow Clearing
As discussed in greater detail relating to sidewalks with limited or no boulevard space for
snow storage, the only change proposed to the level of service for seniors is that By-Law
#93-144 be amended to allow property owners thirty-six (36) hours to remove the
accumulated snow from sidewalks when a snowfall equal to or greater than 20 centimetres
(8 inches) occurs.
11 99
REPORT NO.: WD-50-99
PAGE 7
3.6 Municipal Properties and Sidewalks
3.6.1 Present Level of Service
In addition to the Seniors' Snow Clearing, D & F Snow Removal is also presently
responsible to clear and sand municipal properties and sidewalks. Such properties are
parking lots, libraries, halls, arenas, pedestrian walkways and school crossings. In order for
D & F Snow Removal to clear and sand the above in a safe and economical manner, they
must perform their duties when there is minimal vehicle and pedestrian traffic, normally in
early morning. Obviously, it would be much more difficult trying to clear a parking lot
when the parking lot is full of vehicles.
School crossings are ideally maintained before school starts. In the majority of cases, these
crossing locations are cleared before the street ploughs have completed their routes.
Unfortunately, the result is a windrow at the edge of the road from the street plough where
the sidewalk or property has already been cleared.
In the winter of 1998/99, $37,300 was spent for the clearing and sand/salting of municipal
properties and rear frontages.
3.6.2 Level of Service for Sidewalks Adjacent to Municipal Properties
Similar to the level of service for the Seniors' Snow Clearing, the sanding and clearing of snow on
sidewalks adjacent to municipal properties and rear frontages must be performed according to
Municipal By-Law #93-144, which states that it must be removed within twelve (12) hours after a
fall of snow.
3.6.3 Proposed Level of Service - Sidewalks Adjacent to Municipal Properties
As discussed in greater detail relating to sidewalks with limited or no boulevard space for
snow storage, the only change proposed to the level of service for sidewalks adjacent to
municipal properties and rear frontages is that By-Law #93-144 be amended to allow
property owners thirty-six (36) hours to remove the accumulated snow from sidewalks
119901
REPORT NO.: WD-50-99
PAGE 8
when a snowfall equal to or greater than 20 centimetres (8 inches) occurs.
3.7 Sidewalks With Limited or No Boulevard Space for Snow Storage
3.7.1 Sidewalk Complaints Directed to By-Law Division
Over the course of every winter, By-Law Division receIves complaints about
owners/tenants who have not removed their snow properly or in a timely manner. By-Law
utilizes contracted services to remove the snow, with a picture being taken by the contractor
before and after their work is completed. During the extreme snowfall experienced during
the first two weeks of January, 1999, those locations determined to have insufficient
boulevard space for snow storage were not charged back to the owner/occupant for
payment. As a result of these locations, as well as other deserving sites to be identified,
$40,000 was added to the Public Works budget for the clearing of sidewalks. Attachment
No. 5 consists of a summary of properties with limited or no boulevard space for snow
storage.
3.7.2 Present Level of Service - Sidewalks With Limited or No Boulevard Space for Storage
The current level of service is already to provide snow removal at some areas where there is
limited space or no boulevard between the road and sidewalk. This service is provided by
Public Works employees and equipment, being completed only after the streets have been
maintained. Normally, the Business Improvement Areas are cleared first, and then the
snow removal operations proceed throughout other areas of the Municipality. Snow
removal in other areas of the Municipality is usually provided in the days following a
snowstorm and does not meet the time limits contained in Municipal By-Law #93-144.
There are funds allocated for this service in the 1999 current budget.
119902
REPORT NO.: WD-50-99
PAGE 9
3.7.3 Alternative Methods of Sidewalk Snow Clearing
There are several alternative methods of sidewalk snow clearing. The following are options
that were considered for the winter maintenance of sidewalks:
Alternative 1: To contract all sidewalks within the municipality for the purpose of winter
snow clearing.
There are approximately 195 kilometres of sidewalk within the
Municipality. D & F Snow Removal is currently on their last year of a 3
year winter maintenance contract. To quote on this option, D & F Snow
Removal have submitted a price to the Public Works Department. The price
is to extend the current contract for 3 years. The number of call outs for
storm events is based on the 1998/99 winter season.
Total number of call outs were: 35 clearing; 41 sand/salting
The annual cost to clear 195 kilometres of sidewalks is estimated at
$136,500 based on a three year contract extension.
The annual cost to sand/salt 195 kilometres of sidewalks is estimated
at $319,800 based on a three year contract extension.
Total estimated annual costs with a three year extension to the sidewalk contract is
$456,300.
Staff also considered the option of adding to the current contract for the current
year, with no contract extension, but found the costs to be prohibitive, and
availability of equipment would also be a problem.
119903
REPORT NO.: WD-50-99
PAGE 10
Alternative 2: To contract to clear and sand/salt only those sidewalks in the Municipality
with limited or no boulevard. The approximate length of sidewalk is
estimated at 22 kilometres.
Option a)
Option b)
Since these areas have limited or no space between the boulevard
and the sidewalk, Option a) would be to pile and store the snow on
the homeowner's property. The estimated annual cost for clearing is
$308,000. The estimated annual cost for sand/salting is $45,100.
The total annual cost is $353,100.
The high cost of Option a) is predicated on the fact that the snow
must be removed within the confines of By-Law #93-144 (within
twelve hours of the snowfall).
Instead of piling snow on the homeowner's property, the other
option within Alternative 2 would be to haul the snow away to
designated disposal sites. This would eliminate the stock piling of
snow on private property, but the costs would be prohibitive (in
excess of one million dollars).
Should the Municipality decide to upgrade to either Alternative 1 or 2, this would represent
a major undertaking and expense. By comparison, Public Works budgeted only $970,500
in 1999 for the purpose of winter maintenance of municipal roads, including spring cleanup.
3.7.4 Proposed Level of Service - Sidewalks With Insufficient Boulevard Space for Snow
Storage
The cost to provide contracted winter maintenance of all sidewalks, or sidewalks where
there is inadequate boulevard for the stock piling of snow, both within the terms of By-Law
#93-144, would be prohibitively expensive. Not only would the Municipality be
119904
REPORT NO.: WD-50-99
PAGE 11
responsible for this new maintenance area, but the Municipality would also be assuming the
liability for the sidewalks by default. Assuming responsibility for the maintenance of all
municipal sidewalks would be a massive undertaking and a costly program, therefore, it is
recommended that the owner and/or occupant of property within the Municipality of
Clarington continue to be responsible for clearing away any snow, slush or ice.
Recognizing the problems that occur where there is no boulevard or only a partial boulevard
between the road and sidewalk, it is further recommended that:
Where there is inadequate boulevard for snow storage between the street and
sidewalk, the owner and\or occupant of property within the Municipality of
Clarington must make every effort to remove any snow, slush or ice from
the sidewalk;
With their own employees and equipment, the Public Works Department
will remove snow at areas without adequate space between the street and
sidewalk, but only after all streets have been maintained and after snow has
been removed from the Business Improvement Areas of Bowmanville,
Newcastle and Orono; and
This snow removal for inadequate boulevards will be based on a list
compiled and continually updated by Public Works. This list, in its present
status as of November, 1999, is presented as Attachment No.5. Public
Works will routinely visit the properties on the list and remove snow, when
required. Properties will warrant being added to the list under the following
circumstances:
i) road/sidewalk modifications completed
ii) change in property ownership brings a new area to light
119905
REPORT NO.: WD-50-99
PAGE 12
iii)
iv)
area prone to drifting snow
extensive snow accumulation identifies additional properties.
The final recommendation for sidewalks with insufficient boulevard is that By-Law #93-
144 be amended to allow property owners thirty-six (36) hours to remove the accumulated
snow from sidewalks when a snowfall equal to or greater than 20 centimetres (8 inches)
occurs.
Respectfully submitted,
Reviewed by,
s~~
Director of Public Works
Or~~
Franklin Wu,
Chief Administrative Officer
GA *SA V*ce
29/11/99
Pc:
Edwin and Violet Cook
290 King Street East
Bowmanville, ON
LlC IP9
Paulette Hebert
119 Concession Street West
Bowmanville, ON
LlC lZl
119906
REPORT NO.: WD-50-99
PAGE 12
iii)
iv)
area prone to drifting snow
extensive snow accumulation identifies additional properties.
The final recommendation for sidewalks with insufficient boulevard is that By-Law #93-
144 be amended to allow property owners thirty-six (36) hours to remove the accumulated
snow from sidewalks when a snowfall equal to or greater than 20 centimetres (8 inches)
occurs.
Respectfully submitted,
Reviewed by,
s~,~
Director of Public Works
Or~~
Franklin Wu,
Chief Administrative Officer
GA *SA V*ce
29/11/99
Pc:
Edwin and Violet Cook
290 King Street East
Bowmanville, ON
LlC lP9
Paulette Hebert
119 Concession Street West
Bowmanville, ON
LlC lZl
119906
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FRANK COWAN COMPANY LIMITEn_~~i
Risk Manag~11!-~~t Services .~
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WINTER MAINTENANCE
OF SIDEWALKS
*
*
*
INFORMATION PACKAGE
* *
*
OCTOBER 1996
ATTACHMENT NO.: 1
1 1 9 9 0 7 REPORT NO.: WD-50-99
(.
.
CONTENTS
I Risk Management Bulletin - Winter Maintenance of Sidewalks
II "w' . c .
mter IS ommg'" .................................................................... Cowan News October 1990.
III "Sidewalks" .................................................................................. Cowan News October 1982
FRANK COWAN COMPANY LIMrfED
Risk Management Services I I "j \fU ()
WINTER MAINTENANCE OF SIDEWALKS
How does a Municipality protect itself against liability arising from ice or snow
on a sidewalk?
What is the Municipality's Duty?
The Municipality has a duty to maintain highways and sidewalks under its jurisdiction. With respect
specifically to sidewalks, the Act restricts liability arising from ice or snow on a sidewalk to gross
negligence. The question of such negligence will depend upon:
* the notice of the existence of a dangerous condition which the authorities actually had or which
should be imputed to them;
* their opportunity of remedying it;
* the state of the weather immediately before the accident;
* the relative situation of the place where the accident occurred.
As long as it can be shown that reasonable care was taken within a reasonable time, a municipality
will not be held liable.
How Reliable are By-Laws?
Simply because a municipality enacts a By-law requiring the abutting owner or occupier to remove
the snow and ice from sidewalks in front of their property does not relieve the municipality from its
liability imposed by the Municipal Act.
Some questions that arise as a result of using this By-law are:
* Is it common knowledge that the By-law is in effect?
* Is the By-law enforced?
* How is it enforced?
In most cases the By-Law is not enforced for any number of reasons including administrative, political
or a concern for enforcement of this By-Law when dealing with Senior Citizens. If it was possible to
enforce a By-Law of this nature and have a regular system of inspection to support such enforcement,
it would serve the municipality with some defence.
FRANK COWAN COMPANY LIMITED
Risk Management Services 1 1 ~ ~ U 9
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WINTER MAINTENANCE OF SIDEWALKS - RISK MANAGEMENT BULLETIN
PAGE 2
What Defence does a Municipality have Against these Claims?
Municipalities need to establish adequate systems of winter maintenance and inspection to ensure its
sidewalks are in safe condition. Certain geographic areas may require more attention than others
based on their use (ie. commercial and heavily travelled areas, school districts, etc.).
Not only should a system be in place, but its activity should be carefully documented in such a manner
that it would represent tangible evidence to a court.
An effective reporting system should consist of daily records or logs of activities which would
monitor all pertinent factors such as:
* Sidewalk conditions;
* Activities with regard to the removal of ice and snow;
* Weather conditions;
* Any unusual conditions encountered; and
* Emergency responses.
By establishing an adequate system of winter maintenance of sidewalks; inspection procedures;
and documentation, the municipality is accumulating good defence for itselfin the event of a claim in
which the third party alleges lack of winter maintenance on your sidewalks.
FRANK COWAN COMPANY LIMITED
Risk Management Services 1 1 ~ ~ 1 U
WINtER
IS
COMING
Who is clearing
the sidewalks?
4 COWAN NEWS
Under the Municipal Act, the
municipality has a duty to main-
tain highways and sidewalks
under its jurisdiction.
"Every highway and every bridge shall
be kept in repair by the Corporation, the
Council of which has jurisdiction over it
or upon which the duty of repairing it is
imposed by this Act, and, in case of
default, the Corporation, subject to the
Negligence Act, is liable for all damages
sustained by any person by reason of such
default. "
With respect to sidewalks, the Act
restricts liability arising fro1J1 ice or snow
on a sidewalk to gross negligence. The
question of such negligence will depend
upon (1) the notice of the existence of a
dangerous condition which the authori-
ties actually had or which should be
imputed to them; (2) their opportunity of
remedying it; (3) the state of the weather
immediately before the accident; and (4)
the relative situation of the place where
the accident occurred.
Without spending a great deal of time
and paper to review case law, this issue
comes down to the adequacy of the
municipal systems of maintenance and
inspection. In other words, does the
municipality have regular routines to
respond to winter conditions as they
affect sidewalks. This will include clear-
ing the sidewalks, salting/sanding and
emergency response. In addition, this will
necessitate adequate documentation of
the inspection and maintenance details.
It is common for municipalities to
enact by-laws to require the owner or
occupier to remove snow and ice from
sidewalks in front of their property.
HO\.3ver, the courts ~ lYe consistently
held that a municipality is not relieved of
its liability imposed by the Municipal Act
by reason of the enactment of such a by-
law. For the municipality to gain any
benefit from enactment of a by-law, it will
be necessary to enforce the by-law and
have a regular system of inspection to
support such enforcement.
With the winter fast approaching, it is
appropriate to give this matter some
consideration. 0
OCTOBER 1990
OCTOBER 1 982
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SID5IALKS:
As winter approaches, it mi~ht be
appropriate to discuss the decision of the
Ontario Court of Appeal 1'n the case of
Dorschell vs. the Ci ty of Cambridge. Th i s
case involved an injury to a Plaintiff who
was walking on a public siaewalk when she
fell on a patch of ice and was injured. lhe
Municipality did not have a system for
cleaning the siaewalks of ice ana snow or of
sandi n9 them. The Pl aintiff sued under
Section 27 of the Municipal Act.
The trial juage dismissea the action but
the Plaintift appealed and it was upheld
unanimouSly in the Court of Appeal. It is
slgnificant because it is dealing with a
Murllclpality that did not have a system for
keeping the sidewalks free ana clear of snow
ana ice. the Ci ty had a By-Larl which
rE::qui red property owners to remove snow ana
ice from sidewalks adjacent to their property
but the By-Law was not enforced and in any
event, did not relieve the MuniciJ,lality from
the ob 1 i gat ions imposed upon it by the
Muni ci pa 1 Act.
lne cond it ions that exs i steQ wtlen the
Plaintiff fell were according to Justice
tkoOl<s, predi ctab 1 e for some hours beforehand
and the infonnatlon was reaail) availab'le to
anyone who ought to have been conc~rned.
justice Brooks, therefore, concluaed that the
hunicipality was ne91igent.
TIlis casE. is important in that it shows
that if a ~Iunicipalit) fails to have an)
system of keeping its siaewalks clear of snow
ana ice, there is no defence to an act ion
brou9ht hy a Plaintiff who is injured because
of snow and lce on a City siaewalk. It is,
therefore, most important that MuniCipalities
should have some system for I<eepin~ sidewalks
in il safe conoition, at least in heavily
traversed areas, where a fall is likelY to
occur. Not only should such a system be in
place but its act i v i t} Shou 1 d be documented
in such a manner that it would represent
tan9ible evidence to a court.
119912
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COUNCIL DIRECT. _,
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HIR II
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Edwin and Violet Cook
290, 292 & 294 King St. East
Bowmanville, Ontario
LIC IP9
(905) 623-2624
March 8, 1999
Dear Sir or Madam:
I am writing to lodge a formal complaint pertaining to the issue of the snow management policy in
effect on King Street East (between Beaver Lumber and Mearns Ave.) in the town of
Bowmanville.
It is my understanding that as a residential property owner with the town, it is my responsibility to
clear the snowl ice from the sidewalks adjoining to my property. While I gladly abide by such a
responsibility, the issue is compounded by the fact that my property faces on to a busy section of
the #2 Highway.
Since the amount of space between the highway and the sidewalks is minimal and because it is a
five lane highway, the amount of: and frequency at which snow from the road is piled on to the
sidewalks is atrocious. As an older woman, removing the snow from the sidewalks after each
plough goes by is unmanageable and at best - difficult.
As noted before, I gladly shovel the snow after each snow fall. It is my opinion, however, that the
town ought to be responsible for the removal of sidewalk snow which results from ploughing of
the highway in this area.
I would greatly appreciate your looking into this matter, and it I can be of any further assistance
please to not hesitate to contact me.
Yours Sincerely,
.'M~
-_'a',,-
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fal~.
Violet Cook
~~ 3-d-.fo:t'f
119913
ATTACHMEN~~: ~.. ....
1UE~~<?~50-99
COUNCIL DI&.. .ION
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March 5, 1999
To: Mayor and Members of Council
40 Temperance Street
Bowmanville, Ontario
LIC 3A6
~.~AR - j 1999
~~UNrCir:/~t_;-:-'{ CF CLAFilNGT~
Mil,YOR'S GfFICE
I received an invoice in the amount of $64.06 from the municipality of Clarington for snow clearing
following the exceptional snow falls of January (Invoice No. 11984, dated Feb. 23/99).
I feel that it is unreasonable to expect adherance to the municipal bylaw #93-144 under these particular
snowfall conditions. A seven foot snow bank was piled on my sidewalk by road clearing. Nonetheless I
shoveled daily throughout the duration of the storms. I had cut a trench through the snow bank and intended
to begin the arduous task of finding my sidewalk on the weekend following the date the municipality
cleared it for me.
In all fairness, 12 hours is insufficient to clear such tremendous amounts of snow. I take my responsibilities
as a new homeowner seriously and do not wish to endanger the neighbours who use my sidewalk. I do not
intend to neglect my property or sidewalk. I only feel that additional time should be allowed under heavy
snowfall conditions and perhaps a warning when a complaint has been received.
I am requesting that the fee be waved because it is unfair and unreasonable. I shall await your response
before paying this bill. I would thank you for attending to this matter as soon as possible.
S7~6::- &J
Paulette Heoert /........ -
119 Concession Street West
Bowmanville. Ontario
LIC 1Zl
(905) 697-9604
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119914
ATif~~If6.: 3
REPORT NO.: WD-50-99
The Corporation of the Municipality lIf ('Iarington
llY-(AWNO, 93-144
heing a By-law to I~epeallly-Iaws H7.197 and l) 1-79 to Regulate the
Clearing Away llnd Removal of Snow and lee from the Roofs of
Buildings and from Sidewalks Within
the Municipality of Clarington
WHEREAS Section 210(60) of The Municipal Act R,S,O, 1990 provides that a Council of a Municipality may
pass By-laws regarding the removal of snow and ice from roofs and sidewalks of occupied premises;
AND WHEREAS Section 210(61) of The Municipal Act R.S,O, 1990 provides that a Council of a
Municipality may pass By-laws regarding the removal of snow and ice from roofs and sidewalks of unoccupied
premises;
AND WHEREAS Section 210(62) of The Municipal Act provides that a Council of a Municipality may pass
By-laws regarding the removal of snow and ice from sidewalks at the expense of the abutting owner, in any
manner, including that provided by Section 326 of this Act;
NOW TI-IEREFORE, The Council of the Corporation of the Municipality of Oarington enacts as follows:
SIDEWALKS
1. Every owner and/or occupant of property within the Municipality of Clarington shall clear away and
remove, or cause to be cleared away and removed, any snow, slush or ice, from the sidewalks on any
highway or part of a highway or any class thereof in front of, alongside, or at the rear of said
property within twelve hours after a fall of snow, rain or hail.
2. If, after clearing away or removing or having cleared away or removed snow. slush or ice from the
sidewalk, as required in Section I, the sidewalk stiU remains to be slippery and poses a hazard
to pedestrians, the owner and/or occupant shall spread or cause to be spread, sand or any other
reasonable suitable material, along said portion of sidewalk.
3. Every owner and/or occupant as mentioned in Sections I and 2, must ensure that the portion of
sidewalk for which they are responsible is continually kept and maintained free of slippery surfaces,
snow. slush, ice or any combination thereof, hy appropriate means, between falls of snow, rain or
hail, no matter what the cause.
4. Where an owner and/or occupant of property within the Municipality has failed to comply with
Section 1,2, or 3 of this By-law, the Municipality may undertake the necessary work, at the
expense of the owner and/or occupant. Any and all expenses incurred in so doing, may be recovered
by action, or in like manner as taxes.
ROOFS
5. Every owner and/or occupant of any building within the Municipality, that has a roof which slopes
toward a highway or a sidewalk on a highway in front of. alongside of, or at the rear of such
building, shall ensure that the roof of said building is cleared of any snow and/or ice constituting
a hazard to the public.
6. Any person removing snow from the roof of a building as mentioned in Section 5, shall take due
and proper care and precaution for the warning and safety of all persons using such sidewalk or
highway,
7. The Municipality of Clarington may remove snow and/or ice, constituting a hazard to the public,
from the roofs of all unoccupiedlvacant buildings without notice to, and at the expense of owner.
Any and all expenses incurred in so doing may be recovered by action or in like manner as taxes.
GENERAL PROVISIONS
8. No person shall sweep, shovel, throw, drop or place or cause to be swept, shovelled, thrown,
dropped or placed any snow, slush or ice onto the travelled portion of any highway or onto any
sidewalk on any highway.
9. No person shall remove snow, slush and/or ice from a public sidewalk in a manner which would
damage any sidewalk or curh,
10. No person shall deposit snow, slush, and/or ice in such a way as to obstruct access to any fire
hydrant.
119915
ATTACHMENT NO.: 4
REPORT NO.: WD-50-99
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I.IA/II I.ITY
11. 'The removal of snow, slush, and/or ice by the Municipality of Clarington, its servants, agents.
or employees, shall not relieve any person from the liability for hreach of lhe provisions of
this By.law,
CONTRAVFNTION Or: BY-LAW
12. Any person who contravenes any provisions of this By-law is guilty of an
offence.
SEVERABILITY
13. (a) Words imparting the singular number include plural and vice versa.
(b) Where applicable, the term "person" shall include a company,
14, Should any part of this By-law be declared by a Court of competent jurisdiction
to be invalid in part or in whole, the validity of the other provisions of this
By-law shall not be affected thereby, the intent of Council being that each
provision of the By.law shall be determined to be separately valid and enforceable
to the fullest extent permitted by law.
REPEAL OF PREVIOUS BY-LAW
15, By-law 87-197 and By-law 91-79 are hereby repealed.
ENACTMENT
16, This By.law shall come into full force and effect immediately upon its final
passing.
BY.LAW read a first time this 27 day of September 1993
BY.LAW read a second time this 27 day of September 1993
BY -LA W read a third time and finally passed this 2 7 t hday of S e pt.
1993
U;~;;/~~~/
MAYOR
119916
Sidewalk Snow Clearing
Bowmanville
No Boulevard
Argyle Street - at Ontario Street - north and south side
Argyle Street - north of Durham Street
Bradshaw Street - North end
Brown Street - from King Street to Wellington Street
Church Street - from Liberty Street to Temperance Street
Church Street - from Temperance Street to Silver Street
Concession Street - west of Liberty north side to Burk Crt.
Concession Street - west of Liberty south side
Concession Street East - between Mearns Avenue and Soper Creek Drive
Division Street - from Queen Street to Wellington Street (both sides)
Doreen Crescent - west section
Elgin Street - from Horsey Street to Concession Street
Elgin Street - from Wellington Street to Horsey Street
Fourth Street - north -east corner of Scugog Street to Prospect Street
George Street - from Church Street to Carlisle Street
Jackman Road - South-west corner of Scugog Street
Jane Stree - Across from Meadowview Boulevard
King Street - from St. George Street to Roenigk Drive (north side)
King Street - from St. George Street to Roenigk Drive (south side)
King Street East - Mearns Avenue easterly north side
King Street East - Mearns Avenue easterly south side
King Street East - Mearns Avenuewesterly to Simpson Avenue
King Street East- Haines Street westerly south side
Lambert Street from Queen Street to Church Street
Liberty Street North - from Third Street south
North- west corner of Liberty and Concession Street
North-east corner of Liberty and Concession Street
Odell Street - from Scugog Street east to Prospect
Ontario Street - from Queen to King Street
Queen Avenue - from Queen Street to south end
Queen Street - from Brown Street to Ontario Street
Queen Street - south of King Street west of Temperance Street
Silver Street - from Church to Wellington Street
St. george Street - from King Street to Church Street
Temperance Street - from Queen Street to Church Street
Wellington Street - from Concession Street to Elgin Street
Bowmanville
Minimal Boulevard
Argyle Street - west of Ontario Street - north side
119917
ATTACHMENT NO.: 5
REPORT NO.: WD-50-99
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Barley Mills Crescent south of Soper Creek Drive
Church Street - from Temperance Street to Silver Street
Church Street - from Liberty Street to Temperance Street - north side
Concession Street - from Burk Court to Prospect Street
Concession Street from Liberty Street to Hendry Gate
Doreen Crescent - sidewalk along east side.
Elgin Street - from Third Street south to railway bridge
High Street - from Fourth Street south to Second Street
Jackman Road - west of Barbara Street
Liberty Street from King Street to Concession Street
Liberty Street from Third Street north to south of Sunicrest Boulevard
Liberty Street North - east side from Meadowview Boulevard northerly
Lowe Street - from Centre street to Temperance Street
Mann Street from Concession Street to Herriman Street
Mearns Avenue noth of Highway #2
Ontario Street - south of Queen Street - both sides
Queen Street - west of Ontario Street - south side
Scugog Street - between King Street and Church Street
Scugog Street - south of King Street both sides
Southway Drive east of Liberty Street
Newcastle
No Boulevard
Beaver Street South - from Robert Street south
Edward Street - from Mill Street to Baldwin Street
King Street East from Beaver Street South easterly
King Street west - from Massey Drive easterly
King Street west - from North Street westerly north and south side
North Street - from Wilmot Street to George Street east side
Minimal Boulevard
Baldwin Street - from King Street west to George Street - west side
Beaver Street south - from Robert Street to King Street
Edwart Street - from Baldwin Street easterly south side
King Street - from Arthur Street to Baldwin Street - both sides
Mill S1. N. - north of King Steet and at Wilmot Street and at George Street
Newtonville
No or Minimal Boulevard
Highway No.2 - from Ovens Road to Payne Crescent
Newtonville Road - from Highway NO.2 south both sides
Courtice
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No boulevard
Courtice Road - from Nash Road north - both sides
Prestonvale Road - from Robert Adams Drive to Claret Rd. - west side
Trulls Road North - from Nash Road notherly on west side
Courtice
Minimal Boulevard
Highway No.2 - from Courtice Road to Townline Road - both sides
Highway No.2 - from Courtice Road to Townline Road - both sides
Nash Road - from Trulls Road westerly both sides
Nash Road - west of George Reynolds Drive - both side
Prestonvale Road - from Higway NO.2 south on east side
Prestonvale Road - from Higway No.2 to Robert Adams Drive west side
Townline Road North from Highway No.2 north to Lawson Road
Trulls Road - from Yorkville Drive northerly
Varcoes Road - from Highway No.2 northerly - east side
Hampton
No or Minimal boulevard
Mill Street - north side east of King Street
Mill Street - north side west of Old Scugog Road
Old Scugog Road - north end on east side
Orono
No or Minimal boulevard
Church Street - from Centre Street to Churchhill Avenue
Church Street - from Station Street to Somerville Drive
Cobbledick Street - from Main Street to Church Street
Duchess Street - from Main Street to Church Street
Mill Lane - from Mill Street northerly on west side
Mill Street - from Centre Street to Dickson Street
Mill Street North - from Millson Hill Drive southerly on east side
North Station Street - from Station Street to Princess Street
Park Street - from Church Street easterly
Somerville Drive - from Main Street to Church Street
Station Street - from Main Street easterly and westerly
119919
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 99-
Being a by-law to amend By-law 93-144, a by-law to regulate
The Clearing Away and Removal of Snow and Ice
From the Roofs of Buildings and from the Sidewalks
Within The Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality ofClarington deems it
adviseable to amend by-law 93- ]44;
NOW THEREFORE the Council of the Corporation of the Municipality ofClarington
Enacts as follows
l. That by-law 93-144 be amended as follows:
a) renumbering Section I to Subsection I(a).
b) adding subsection I (b) as follows:
"l(b) Notwithstanding subsection I (a), in the event a fall of snow has an
accumulation greater than twenty centimetres, the twelve hour time frame
as set out in subsection I (a) shall be extended to thirty six hours."
2. This By-law shall come into full force and effective immediately on the day of
Final passing by Council.
By-law read a first and second time this
day of
1999.
By-law read a third time and finally passed this
day of
1999.
MAYOR
MUNICIP AL CLERK
1100?0
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ATTACHMENT NO.: 6
REPORT NO.: WD-50-99