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This by-law is a digital reproduction made available for information purposes only. It is not an official version of the by-law and not an exact reproduction.
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By-law number: 301-02
Enacted: November 25, 2002
County service area: Building and Municipal Enforcement
Being a by-law to require the removal of snow and ice from sidewalks and roofs from occupied and unoccupied premises.
1. In this By-Law,
a. "Building" includes the land and premises appurtenant to the building.
b. "Boulevard" means that portion of every road allowance within the limits of Haldimand County which is not used as a sidewalk, driveway, travelled roadway or shoulder.
c. "By-law Enforcement Officer" means a person authorized by Council to enforce the by-laws of Haldimand County.
d. "Curb" includes the edge of the roadway.
e. "Highway" includes a common and public highway, street, road, lane, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, designed and intended for, or used by, the general public for the passage of vehicles and includes the area between the lateral property lines thereof and sidewalks and curbs it may contain.
f. "Municipality" means Municipality of the Corporation of Haldimand County.
g. "Owner" means owner, occupant, lessee or tenant of the property or person having control, charge or care of the property.
h. "Person" includes any person, firm, partnership, association, corporation, company or organization of any kind.
i. "Roof' means the cover over a building and shall include any overhang or projection.
j. "Roadway" means the part of a highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder, and where a highway includes two or more separate roadways, the term roadway refers to any one roadway separately and not to all roadways collectively.
k. "Sidewalk" means that portion of a street between the curb lines or the lateral lines of a roadway and the adjacent property lines specifically provided and intended for the use of pedestrians.
l. "Street" see "Highway";
m. "Time" means where any expression of time occurs or where any hour or other period of time is stated the time referred to shall be Eastern Standard Time except during the periods when daylight saving time is in effect in Haldimand County, during which period the time referred to shall be one hour in advance of standard time.
2. Every owner of any building, either occupied or unoccupied, or vacant land within the boundaries of Haldimand County shall clear away and remove or cause to be cleared away and removed, any snow and ice from any and all sidewalks on the highways in front of, alongside of or at the rear of such building or vacant land within twenty-four (24) hours after the accumulation of such snow or ice.
3. Every owner of any building, either occupied or unoccupied, or vacant land within the boundaries of Haldimand which fronts or abuts a highway on which there is a sidewalk, within twenty-four (24) hours and whenever and as often as any part of the surface of such sidewalks has become slippery because the snow and ice has not been completely removed, such occupant, owner or person or persons in control, as the case may be, shall immediately, upon such slippery condition having come into existence, sprinkle or cause to sprinkled upon such portion of the said sidewalk ashes, sand, salt or some like suitable material, in such a manner as to thoroughly cover such slippery surface.
4. Every owner of any building, either occupied or unoccupied, that contains a roof which slopes towards a sidewalk on a highway in front of, alongside of, or at the rear of such building so that the snow or ice may fall from such roof causing danger to pedestrians or vehicular traffic and/or obstruction to the sidewalk or highway shall before the hour of 9:00 in the forenoon, remove the snow and ice from the roof of the premise so owned or occupied by him or her, and every person while removing the same, shall take due and proper care and precaution for the warning and safety of all persons using such sidewalk or highway.
5. a. No person shall sweep, shovel, throw, push, drop, deposit or place or cause to be swept, shovelled, thrown, pushed, deposited or placed any snow, slush or ice onto the travelled portion of any highway or onto any sidewalk on any highway without written permission from the authority responsible for the maintenance of the highway.
b. Section 5 a) does not apply to any person operating a vehicle on behalf of the municipality or other authority having jurisdiction and control of a highway, where the vehicles are engaged in the removal of snow from the highway.
6. No person shall remove snow, slush or ice from a sidewalk in a manner which would damage any sidewalk or curb.
7. No person shall deposit snow, slush or ice in such a way as to obstruct access to any fire hydrant.
8. No person shall deposit snow, slush or ice in such a way as to obstruct drainage to any catchbasin.
9. Every person contravening any of the provisions of this By-Law is guilty of an offence and, on conviction, is liable to a fine as provided for and recoverable under Section 61, the Provincial Offences Act.
10. In addition to the foregoing, failing to comply with the requirements of this By-law may result in the Corporation of Haldimand County giving the owner notice, directing them to comply within twenty-four (24) hours) and that if the owner so directed, fails or neglects to comply with such notice, the County may, at the expiration of the time set out in such notice cause all snow and ice to be removed and cleared from the said sidewalk(s) or roof(s) at the expense of the owner, and that the County may recover the expenses incurred in such removal and clearing away of snow and ice or sprinkling, or commencing an action undertaking to have such work done and any other expenses arising out of the enforcement of this by-law, in like manner as municipal taxes.
11. Each day a violation of this By-law continues shall constitute a separate and distinct offence under this By-law.
12. Should any section, clause or provision of this By-law or the application thereof be held by a court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of this By-law and the application thereof to circumstances other than to those held to be invalid or unenforceable shall not be affected thereby and each section, clause and provision of this By-law shall be separately valid and enforceable to the fullest extent permitted by law.
13. Where a form of words or expression is prescribed in this by-law, deviations therefrom not affecting the substance, or calculated to mislead, do not vitiate them.
14. The requirements of this by-law do not nullify the effect and authority of any other By-laws within Haldimand County.
15. That former Town of Dunnville By-law 24-96 and former Town of Haldimand By-law 1140/00 and any amendments thereto are hereby repealed in their entirety.
16. This By-law comes into effect and into force on February 1st, 2003.
17. The short title of this By-law is the Removal of Snow and Ice from Sidewalks and Roofs By-law.
Schedule A: Schedule of Fines
| Short Form Wording | Provision creating or defining offence | Set fine (including costs) |
|---|---|---|
| Not clearing snow or ice off a sidewalk | Section 2 | $100.00 |
| Not thoroughly sprinklering a sidewalk | Section 3 | $100.00 |
| Not removing snow or ice from roof | Section 4 | $100.00 |
| Placing snow on a highway | Section 5.a | $100.00 |
| Damaging a sidewalk or curb | Section 6 | $50.00 |
| Obstructing access to a fire hydrant | Section 7 | $100.00 |
| Obstructing drainage to a catchbasin | Section 8 | $50.00 |
Contact Us
Haldimand County
53 Thorburn Street South
Cayuga, Ontario
Canada, N0A 1E0
Phone: 905-318-5932
After hours (Road, Sewer, Water or Park & Public Facilities Emergencies): 1-888-849-7345
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