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Report
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Report To: General Purpose and Administration Committee
Date of Meeting: January 19, 2015
Report Number: LGL-002-15 Resolution: (::J W
File Number: L1000-18 By-law Numberl015 013
Report Subject: AMENDMENTS TO THE BOULEVARD BY-LAW
Recommendations:
1. That Report LGL-001-15 be received; and
2. That a by-law amending Boulevard By-law 2013-066 in the form attached to this Report
(Attachment 1) be passed.
Municipality of Clarington Page 2
Report LGL-002-15
Report Overview
During the rewrite of the Municipality's Road Occupancy By-law in the spring of 2014,
certain provisions dealing with illegal dumping and obstructions within the road
allowance were inadvertently omitted. Staff are proposing amendments to the
Boulevard By-law in order to reinstate these necessary regulatory restrictions.
1 . Background
1.1 In March 2014, Council passed an updated Temporary Road Occupancy By-law
(No. 2014-022). This new by-law was passed in conjunction with by-laws that
regulated special events on private property (By-law No. 2014-020) and special
events within the municipal roadway (By-law No. 2014-021).
1.2 By-law No. 2014-022 replaced a by-law that was passed in 1983 (No. 83-57).
Amongst other things, By-law 83-57 had provisions dealing with illegal dumping
and obstructions within the road allowance. Staff inadvertently overlooked (and
therefore did not include) provisions dealing with such matters in the updated by-
laws.
2. Recommendations
2.1 Items such as basketball nets, skateboard ramps, piles of fill and other waste,
when left on or at the side of the road, can become a hazard to vehicular traffic.
2.2 Other Municipal by-laws such as the Waste Material By-law and the Boulevard
By-law can be used in some instances, but not all.
2.3 In Staff's opinion, the most effective way to reintroduce the necessary regulatory
restrictions to deal with such matters is through amendments to the Boulevard
By-Law. Staff are therefore recommending that the by-law attached to this
Report (Attachment 1) be passed by Council.
3. Concurrence
3.1 This Report has been reviewed by the Municipal Clerk and the Director of
Operations who concur with the recommendations.
Municipality of Clarington
Report LGL-002-15 Page 3
4. Conclusion
4.1 The proposed changes to the Boulevard By-law will make for a safer driving
environment for all residents.
5. Strategic Plan Application
5.1 Not applicable.
l
Submitted by: f �' �% Reviewed by
Andre C. Allison, B. Comm, LLB Franklin Wu,
Municipal Solicitor Chief Administrative Officer
Staff Contact: Andrew C. Allison, 905-623-3379 ext. 2013 or aallison @clarington.net
Attachment:
Attachment 1 — Proposed Amendments to Boulevard By-law 2013-066.
There are no interested parties to be notified of Council's decision.
ATTACHMENT NO. 1
p LGL-002-2015
THE CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
BY-LAW No. 2015-
Being a by-law to amend Boulevard By-law No. 2013-066
WHEREAS the Council of The Corporation of the Municipality of Clarington deems it
desirable to amend Boulevard By-law No. 2013-066.
NOW THEREFORE be it enacted and it is hereby enacted as a by-law of The
Corporation of the Municipality of Clarington as follows:
1. The definition of"damage" in Section 1 of By-law 2013-066 is amended by
adding the following words: "and includes defacing, tagging and placing graffiti".
2. Section 1 of By-Law 2013-066 is amended by adding the following definitions:
"encumber" means to block, hamper or impede through the placement or
deposit of any object or material;
"waste" includes garbage, refuse, debris, litter and any other object or
material that has been dumped, cast aside, discarded or abandoned;
3. By-law 2013-066 is amended by adding the following sections:
22.1 No person shall place or deposit or cause to be placed or deposited any
waste within a highway including the boulevard.
22.2 No person shall leave unattended any obstruction within a highway.
22.3 No person shall encumber or damage any highway.
4. Section 33 of By-Law No. 2013-066 is amended by adding ", waste" after the
word "plantings" and by adding "highway including the" preceding the words
"boulevard without notice".
5. This by-law comes into effect on the date of its passing.
PASSED this day of January, 2015. j
I
Adrian Foster, Mayor
Anne Greentree, Municipal Clerk