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HomeMy WebLinkAboutWD-6-83 B i i 4 i CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT R. DUPUIS, P. ENG., DIRECTOR HAMPTON,ONTARIO TEL.(416)263-2231 LOB 1J0 987-5039 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JANUARY 17, 1983. REPORT NO. : WD-6-83 SUBJECT: BY-LAW RELATED TO THE REMOVAL OF SNOW ON SIDEWALKS IN URBAN AREAS RECOMMENDATION: It is respectfully recommended: 1. That this report be received for information; and, 2. That a copy of this report be forwarded to Mrs. Olive Sexsmith to clarify the Town' s Policy for snow removal on sidewalks. REPORT: The Town of Bowmanville has approximately 30 miles of sidewalk. Sidewalk clearing, if undertaken by the Town, would result in a very high expenditure. It is estimated that, excluding an initial outlay of some $40,000. for equipment, annual costs for the municipality to clear sidewalks of snow would be $10,000. to $20,000. per year. r� � i - 2 - For this reason, most municipalities in Ontario do not perform snow removal from sidewalks, but, a by-law is passed whereby individual property owners are responsible for removing snow from the sidewalks adjacent to their property. For the elderly or disabled, there are service organizations and/or high school students who will , for an annual fee, perform this task. Attached is a copy of the Town of Newcastle Snow Removal By-law for the information and reference of Council i Members. Should questions arise during this winter season, reference should be made to this by-law. Respectfully submitted, R.G. Dupuis, P. Eng., Director of Public Works. January 6, 1983. R :jco I I ril - µ iv ►�b) THE CORPORATION OF THE TOWN OF � NEWCASTLE BY--LAW K 78- 119 f being a by-law respooting 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( l ) , paragraphs 55 , 56 and 57. NOW THEREFORE the Council of the Town of Newcastle ENACTS AS FOIJOWS ; 1 . In the geographic areas or the former Town of Bowmanvi lle , 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 rrorn the sidewalk on the highway in front of , alongside of or at the rcaar of such building , lot or parcel of land , within 24 hours from Lhc commencement of snowfall . 2. In- the geographic areas of the former Town of Bowma.nvi_le , 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 ea.ve of such building is not 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 rrom his or her property upon the travelled portion of any highway or upon any sidewalk in the Town of Newcastle. . _ z _ (b S , thr)tere an oaaa:=U� or occupant has failed -d`6 comply with the 1 1 Y requirements of paragraphs 1 and 2 hereof , The Corporation of thes/ Town of Newcastle , upon 2 hours prior notice jn writing to the owner or occupant of such lot car parcel of land , or building , may clear and remove such snow or ace as is required to he 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 oar: 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 ngents may enter capon 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 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 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 caries 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 mny clear away or remove snow and ice from the roofs of all unoccupied buildings where the cave of such building is not less than three motors � 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 he entered in the tax collector ' s roll and recovered in like: mariner as municipal taxes . 10 . The removal of snore 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 he guilty of an offence linble on conviction thereof to a penalty of not lcgs than $ 50 . 00 and not more than $ 200 . 00 , ex- clusive of costs for each such offence , and every such penalty shall he recovoi nhl r under ( he provisions of The Summary Con - victions Act: . „ R - 3 -. -i 1?. By- law 1839 and By- law 7 1 N of The Corporation of the Town of Bowmanville and all other by- 1�.�7ws i.nconsistgnt with the provisions of this by- law -are hereby revealed . This by-- law shall come into force and take effect on the dray of enactment . BY-LAW READ a. first and second time this 1.SUday of December 1978 . BY-LAW READ a third and final time this 18th dray of December 1978 . G. B. Rickard Mayor J. M. Mcll.r"y Clerk i