HomeMy WebLinkAbout87-197
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AMENDED BY
BY.LAW qj -0 7q
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BY-LAW ,......:.~jj
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 87- 197
being a by-law respecting the removal
of snow and ice within the Town of
Newcastl e
AND WHEREAS Section 210 (53) of The Municipal Act, R.S.O., 1980, provides that
Councils of municipalities may pass by-laws:
Removal of Snow
and Ice From
Roofs and Side-
walks of
Occupied
Premises
for requiring the owners or occupants of any designated
class of building in the municipality or any defined area
thereof to clear away and remove snow and ice from the
roofs of such buildings and for requiring the owners of
occupants of any designated class of building in the
municipality or any designated area thereof to clear away
and remove snow and ice from the sidewalks on the highways
in front of, alongside or at the rear of such buildings
and for regulating when and the manner in which the same
shall be done.
AND WHEREAS Section 210 (54) of The Municipal Act, R.S.O., 1980, provides that Councils
of municipalities may pass by-laws to provide:
for clearing away and removing snow and ice from the
roofs of any designated class of unoccupied buildings
in the municipali~1 or any designated area thereof and
for clearing away and removing snow and ice from the
sidewalks on the highways in front of, alongside or at
the rear of any designated class of unoccupied buildings
or vacant lands at the expense of the owners and for
collecting or recovering the expenses incurred in so
doing in the manner provided by Section 325.
AND WHEREAS Section 210 (55) of The Municipal Act, R.S.O., 1980, provides that Councils
of municipalities may pass by-laws to provide:
Removal of Snow
and Ice from
Roofs and Side-
walks of
Unoccupied
p>remises
for clearing away and removing snow and 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 any occupied or
unoccupied building or vacant lot, or any class thereof,
at the expense of the owners, and for collecting or recovering
the expenses incurred in so dOing in any manner including the
manner provided by Section 325.
AND WHEREAS Section 325 of The Municipal Act, R.S.O., 1980, provides that Councils
of municipalities may pass by-laws to recover the expense incurred by action, or the
amount may be entered in the tax collector1s roll and recovered in a like manner
as municipal taxes.
Removal of
Snow and Ice
From Sidewalks
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS
AS FOLLOWS:
1. In the geographic area of the Town of Newcastle, every owner or occupant
of every building, lot, or parcel of land fronting or abutting on any
street or highway shall clear away and remove, or cause to be cleared
away and removed, the snow and ice entirely from the sidewalk on the
highway in front of, alongside of or at the rear of such building, lot
or parcel of land, within 24 hours from the commencement of snowfall.
2. In the geographic area of the Town of Newcastle, every owner or occupant
of every building upon a lot fronting or abutting on a sidewalk on a
highway, where the closest point of the eave of such building is less
than three metres measured horizontally from the sidewalk, shall clear
away and remove, or cause to be cleared away and removed, the snow and
ice from the roof of such building within 24 hours from the commencement
of snowfall.
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3. The snow and ice required to be removed under paragraphs 1 and 2 hereof,
shall be removed without damage to the sidewalk. with proper care and
precaution for the safety of persons passing and shall be deposited in
such a way as not to obstruct access to any fire hydrant.
4. No person shall place any snow or ice from his or her property upon the
travelled portion of any highway or upon any sidewalk in the Town of
Newcastle.
5. Where an owner or occupant has failed to comply with the requirements of
paragraphs 1 and 2 hereof, The Corporation of the Town of Newcastle. upon
2 hours prior notice in writing to the owner or occupant of such lot or
parcel of land, or building, may clear and remove such snow or ice as is
required to be removed under paragraphs 2 and 3 hereof and for that .
purpose its servant or agents may enter upon any lot or parcel of land
and any building to remove snow or ice from the roof thereof.
6. Notwithstanding paragraph 5 hereof, where the Corporation of the Town of
Newcastle is unable to immediately locate the owner or occupant of the
lot or building, no notice need be given and the Corporation of the Town
of Newcastle may clear and remove such snow and ice as is required to be
removed under paragraphs 2 and 3 hereof. and for that purpose its servants
or agents may enter upon any lot or parcel of land and any building to remove
snow and ice from the roof thereof.
7. In the event of an emergency. real or apprehended, the COl~oration of the
Town of Newcastle may clear and remove such snow and ice as is required to
be removed under paragraphs 1 and 2 hereof, and for that purpose its
servants or agents may enter upon any lot or parcel of land or any building
without prior notice to the owner or occupant.
8. In the event that snow and ice is removed from the sidewalks on the
highway in front of, alongside of, or at the rear of such lot or parcel
of land, or from the roof of any building by The Corporation of the
Town of Newcastle. its servants or agents. the expenses incurred in
such cases may be recovered by action. or the amount may be entered in
the tax collector'~ roll and recovered in the like manner as municipal
taxes.
9. The Corporation of the Town of Newcastle may clear away or remove snow
and ice from the roofs of all unoccupied buildings where the eave of such
building is less than three metres measured horizontally from the sidewalk,
without notice to the owner thereof. and the expenses incurred in so doing
may be recovered by action, or the amount may be entered in the tax
collector's roll and recovered in like manner as municipal taxes.
10. The removal of snow or ice by The Corporation of the Town of Newcastle,
its servants, agents or employees. shall not relieve any person from
liability for breach of the provisions of this by-law.
11. Any person who violates the provisions of this by-law shall be guilty of
an offence liable on conviction thereof to a penalty of not less than
$50.00 and not more than $200.00. exclusive of costs for each such offence,
and every such penalty shall be recoverable under the provisions of The
Summary Convictions Act.
12. By-law 78-119 of The Corporation of the Town of Newcastle is hereby
repealed.
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13. This by-law shall come into force and take effect upon the day of
enactment.
By-law read a first and second time this 14th day of December 1987
By-law read a third time and finally passed this 14th day of December 1987