HomeMy WebLinkAboutCD-75-87..--°`
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~~}~ -kt}~~ REPORT File #~°- :f~7
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NESTING: GENERAL PURPOSE & ADMINISTRATION COMMITTEE
DATE; DECEMBER 7, 1987
T #: CD-75-87
SUBJECT:
FILE #: 10.13.124.
UPDATING OF THE TOWN OF NEWCASTLE'S SNOW
AND ICE REMOVAL BY-LAW
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. That Clerk's Report CD-75-87 be received; and
2. That the General Purpose and Administration Committee approve the by-law respecting
the removal of snow and ice and recommend its passage to Council.
BACKGROUND AND COMMENT:
As part of the ongoing program of reviewing the various by-laws of the municipality,
and where appropriate recommending their updating where necessary, By-law 78-119,
requiring the owners or occupants of lands to remove snow and ice has been reviewed.
It was noted, that the recitals did not reflect the current geographical status of
the municipality in that it referred to certain specific areas while it excluded others.
It is my opinion, that such exclusions do not reflect the realities and if such a
by-slaw is to have currency, then the by-law should not provide exclusions to any
part of the Town from provisions contained in it. A revised by-law has been drafted
which now contains the various statutory authorities and, more particularly, now
establishes that the by-law has effect over all lands within this jurisdiction.
Continued ...../2
Report CD-75-87
- 2 - December 7, 1987 ~ . l . ~~~
Having regard for the season of the year, it is recommended that the General Purpose
and Administration Committee approve the byelaw and recommend its passage to Council.
Staff will, following its enactment, publish a notice in all newspapers serving the
municipality advising residents of the requirements of Council with respect to the
removal of snow and ice.
Respectfully submitted,
Y~
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David W. Oakes, B.A., A.M.C.T., C.M.O.,
Town Clerk
Recommended for Presentation
to Committee
~a rence tseff, M.C.I.P.,
Chief Ad st~ative Officer
DWO/ms
Attachment.
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 87-
being a by-law respecting the removal
of snow and ice within the Town of
Newcastle
AND WHEREAS Section 210 (53) of The Municipal Act, R.S.O., 1980, provides that
Councils of municipalities may pass by-laws:
for requiring the owners or occupants of any designated
Removal of Snow class of building in the municipality or any defined area
and Ice From thereof to clear away and remove snow and ice from the
Roofs and Side- roofs of such buildings and for requiring the owners or
walks of occupants of any designated class of building in the
Occupied municipality or any designated area thereof to clear away
Premises 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.
' .~_.~_.F. ~ y ~ 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
i Removal of Snow roofs of any designated class of unoccupied buildings
and Ice from in the municipality or any designated area thereof and
Roofs and Side- for clearing away and removing snow and ice from the
walks of sidewalks on the highways in front of, alongside or at
Unoccupied the rear of any designated class of unoccupied buildings
Premises 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:
for clearing away and removing snow and ice from the sidewalks
Removal of on any highway or part of a highway or any class thereof in
Snow and Ice front of, alongside or at the rear of any occupied or
From Sidewalks 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 collector's roll and recovered in a like manner
as municipal taxes.
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 anal
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 Corporation 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 to
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 metres measured horizontally from the s[dewalk,
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. ~
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By-law read a first and second time this
By-law read a third time and finally passed this
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