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HomeMy WebLinkAbout78-119 . .' . . . . ,- REPEALED BY 8Y.LAW #"8' 7 - JCJ 7 .............. THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NO. 78-119 being a by-law respecting the removal of snow and ice within the Town of Newcastle WHEREAS it is deemed advisable and expedient to provide for the clearing away and removal of snow and ice from highways and side- walks by the occupants or owners of lands and premises adjacent thereto, and also the removal of snow and ice from roofs or projections of building; AND WHEREAS the authority for so doing is contained in The Municipal Act, R.S.O. 1970, Chapter 284, Section 354(1), paragraphs 55, 56 and 57. NOW THEREFORE the Council of the Town of Newcastle ENACTS AS FOLLOWS: 1. In the geographic areas of the former Town of Bowmanville, Village of Newcastle and the Police Village of Orono, 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 areas of the former Town of Bowmanville, Village of Newcastle and Police Village of Orono, 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 meters 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. 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. ~ ~ - 2 - ~ . . S. Where an owner or occupant has failed to comply with the requirements of paragraphs I 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 servants 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 Corpor- ation of the Town of Newcastle may clear and remove such snow and ice as is required to .be removed under paragraphs I 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 sidewalk 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's 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 meters 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, ex- clusive of costs for each such offence, and every such penalty shall be recoverable under the provisions of The Summary Con- victions Act. # , ~ . - 3 - , . '\, . 12. By-law 1839 and By-law 71-3 of The Corporation of the Town of Bowmanville and all other by-laws inconsistent with the 4It provisions of this by-law are hereby repealed. This by-law shall come into force and take effect on the day of enactment. BY-LAW READ a first and second time this l8tlday of December 1978. BY - LAW READ a third and final time this 18th day of December 1978. ~ Rickard Mayor , G. B. . .