HomeMy WebLinkAbout71-3THE CORPORATION OF THE
TOWN OF BOWMANVILLE
BY -LAW NO. 71 -3
BEING A BY -LAW RESPECTING THE REMOVAL OF SNOW
AND ICE WITHIN THE TOWN OF BOWMANVILLE
vv�� REAS IT IS DEEMED ADVISABLE AND EXPEDIENT TO PROVIDE FOR ;THE
CLEARING AWAY AND REMOVAL OF SNOW AND ICE FROM HIGHWAYS AND SIDEWALKS, BY
THE OCCUPANTS OR OWNERS OF LANDS AND PREMISES ADJACENT THERETO, AND ALSO
THE REMOVAL OF SNOW AND ICE FROM THE ROOFS OR PROJECTIONS OF BUILDINGS9;
NOW THEREFORE, BE IT ENACTED AND IT IS HEREBY: ENACTED AS A BY -LAW
OF THE CORPORATION OF THE TOWN OF BOWMANVILLE BY THE COUNCIL THEREOF AS
FOLLOWS:
1. EVERY OCCUPANT AND, IN CASE THERE IS NO OCCUPANT, THE OWNER OF
EVERY HOUSE, DWELLING, SHOP, OTHER BUILDING, LOT, OR PARCEL OF LAND,
FRONTING OR ABUTTING ON ANY STREET OR HIGHWAY OR ANY PARK, SQUARE OR OTHER
PROPERTY SHALL CLEAR AWAY AND REMOVE OR CAUSE TO CLEAR AWAY OR REMOVE THE
SNOW AND ICE ENTIRELY FROM THE SIDEWALKS OPPOSITE SUCH HOUSE, DWELLING,
SHOP, BUILDING, LOT, OR PARCEL OF LAND, PARK, SQUARE OR OTHER PROPERTY.
. 2. EVERY OCCUPANT AND, IN CASE THERE IS NO OCCUPANT, THE OWNER
OF EVERY HOUSE, DWELLING, SHOP OR OTHER BUILDING, FRONTING OR ABUTTING ON,
OR ERECTED SO NEAR TO ANY STREET THAT SNOW OR ICE MAY OR IS LIKELY TO FALL
UPON THE STREET FROM SUCH HOUSE, DWELLING, SHOP OR OTHER BUILDING, WHENEVER
SNOW OR ICE SHALL ACCUMDIULATE UPON ANY PORTION OF SUCH HOUSE, DWELLING, OR
OTHER BUILDING, AS AFORESAID, TO AN EXTENT THAT SHALL BE DANGEROUS TO
PERSONS PASSING UPON THE STREET, CAUSE THE SNOW OR ICE TO BE FORTHWITH
REMOVED THEREFROM. EVERY PERSON WHILE REMOVING THE SNOW OR ICE, AND THE
PERSON OR PERSONS RESPONSIBLE FOR SUCH REMOVAL, SHALL TAKE DUE, SUFFICIENT
AND PROPER CARE AND PRECAUTION FOR THE WARNING AND SAFETY OF PERSONS PASSING.
3. SUCH SNOW AND ICE SHALL BE REMOVED WITHIN TWELVE HOURS FROM
THE COMMENCEMENT OF SNOWFALL AND SHALL BE DEPOSITED IN SUCH A WAY AS NOT
TO OBSTRUCT ACCESS TO ANY FIRE HYDRANT OR ANY PASSAGE ON THE HIGHWAY; AND
SHALL NOT BE REMOVED IN SUCH MANNER AS TO INJURE THE SIDEWALK.
4. NO, PERSON SHALL PLACE ANY SNOW OR ICE FROM HIS PROPERTY UPON
THE TRAVELLED PORTION OF ANY HIGHWAY OR UPON ANY SIDEWALK IN THE TOWN OF
BOWMANVILLE.
5. IN CASE OF DEFAULT OF COMPLIANCE WITH THE FOREGOING, THE
CORPORATION, THROUGH ITS OFFICERS, THE CHIEF OF POLICE, OR THE TOWN ENGINEER,
OR ANYONE ACTING UNDER THE JURISDICTION OF EITHER OF THEM, MAY CLEAR AND
REMOVE SUCH SNOW AND ICE AFTER TWO HOURS NOTICE AND THE EXPENSE INCURRED
IN SO DOING MAY BE RECOVERED BY ACTION, OR THE AMOUNT MAY BE ENTERED IN THE
TAX COLLECTOR'S ROLLS AND RECOVERED IN LIKE MANNER AS MUNICIPAL TAXES.
6. THE CORPORATION MAY CLEAR AWAY AND REMOVE SNOW AND ICE FROM
THE ROOFS OF ALL UNOCCUPIED BUILDINGS WHICH ABUT ON ANY SIDEWALK ON THE
HIGHWAY, OR UPON ANY OPEN SPACE TO WHICH THE PUBLIC HAS ACCESS, AND FROM
THE SIDEWALKS ON THE HIGHWAYS IN FRONT OF, ALONGSIDE OR AT THE REAR OF ANY
UNOCCUPIED BUILDING OR OF VACANT LAND AND THE EXPENSE INCURRED IN SO DOING
MAY BE RECOVERED BY ACTION, OR THE AMOUNT MAY BE ENTERED IN THE TAX COLLECTOR'S
ROLLS AND RECOVERED IN LIKE MANNER AS MUNICIPAL TAXES.
7. THE REMOVAL OF SNOW OR ICE BY THE CORPORATION, ITS SERVANTS,
AGENTS OR EMPLOYEES, SHALL NOT RELIEVE ANY PERSON FROM LIABILITY OR THE
PENALTY FOR BREACH OF ANY OF THE ABOVE PROVISIONS.
2
"AAAM J.
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8. THIS BY-LAW SHALL NOT BE ALLEGED AS THE BASIS OF ANY CLAIM
AMAGES FOR ANY ACCIDENT ON SIDEWALKS, DUE TO THE PRESENCE OR LOCATION
k OF SPOW AND ICE NOR SHALL SAME BE PLEADED IN ANY ACTION AS AN
0
""'StIOUON OF CIVIL LIABILITY BY IHE OWNERS OR OCCUPANTS OF THOSE PREMISES
A
In 9.,
AB
TG ANY HIGHWAY OR SIDEWALKS AS OUTLINED HEREIN,
, 1171,
Al-74Y PERSON WHO VIOLATES ANY OF THE PROVISIONS OF THIS BY —LAW
SH"lt'�,,,B'—E"�'G,U,,�,I-LTY OF AN OFFENCE AND LIABLE ON CGPVICTION THEREOF TO A PENALTY
1 -0 70"e,
NOT FIFTY DOLLARS (150.00), EXCLUSIVE OF COSTS, FOR EACH SUCH
Ct
OFFENlll ' ""AiT
ID EVERY SUCH PENALTY SHALL BE RECOVERABLE UNDER THE PROVISIONS
OF THE E SUMMARY CONVICTIONS ACT, ALL PROVISIONS OF WHICH SHALL APPLY, EXCEPT THAT
ANY TERM OF IMPRISONIENT FOR DEFAULT IN PAYMENT OF THE FINE A!-,D COSTS 111POSED
UNDER THIS BY—LAW SHALL NOT EXCEED TWENTY—ONE (21) DAYS. THE IRPOSITIO]7kT
OF THE PENALTY FOR CONTRAVENTION OF THIS BY—LAW SHALL NOT EXCUSE THE S,
CONDITION OR MATTER RESULTING IN SUCH CONTRAVENTION OR PERMIT TO CONTINUE.
ANY PERSON CONTRAVENING THIS BY—LAW SHALL CORRECT OR REMEDY THE CONDITION
OR MATTER RESULTING IN SUCH CONTRAVENTION WITHIN A REASONABLE TIME AND,
WHEN NOT OTHERWISE SPECIFIED, EACH TEN (10) DAYS THAT A CONDITION OR MATTER
RESULTING IN THE CONTRAVENTION OF THIS BY—LAW IS ALLOWED TO EXIST SHALL
CONSTITUTE A SEPARATE OFFENCE.
10. BY-LAW NO. 1839 AND ALL BY-LAWS CONTRARY TO OR AT VARIANCE
HEREWITH BE AND ARE HEREBY REPEALED.
11. THIS BY-LAW SHALL COME INTO FORCE AND TAKE EFFECT ON THE DAY
OF ENACTMENT THEREOF. /?
BY—LAW RIAD A FIRST TIME THIS DAY OF 1971.
BY—LAW READ A SECOND TIME THIS DAY OF 19710
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS ELY OF 1971.
I
J
MAYOR CLERK