HomeMy WebLinkAbout93-144 The Corporation of the Municipality of Clarington
BY-LAW NO. 93-144
being a By-law to Repeal By-laws 87-197 and 91-79 to Regulate the
Clearing Away and Removal of Snow and Ice from the Roofs of
Buildings and from Sidewalks Within
the Municipality of Clarington
WHEREAS Section 210(60)of The MunicipalAct R.S.O.1990 provides that a Council of a Municipalitymay
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 TTEREFORE,The Council of the Corporation of the Municipality of Clarington 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 1, the sidewalk still 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 1 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,by 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 unoccupied/vacant 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 curb.
10. No person shall deposit snow, slush, and/or ice in such a way as to obstruct access to any fire
hydrant.
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LIABILITY
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 breach of the provisions of
this By-law.
CONTRAVENTION OF 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 2 7 day of S e p t e m b e r 1993
BY-LAW read a second time this 2 7 day of S e p t e m b e r 1993
BY-LAW read a third time and finally passed this 2 7th day of Sept. 1993
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