Road Use By-Law 2017-79

1.1   In this By-law, the following words have the following meanings:

Boulevard means the portion of the highway between a street line and the back edge of the curb, or where there is no curb, that portion of the highway which is travelled or designed to be travelled by vehicles.

Construction means anything done in the erection, installation, extension or material alteration, demolition, or repairs of a building or structure, utility or surface, grading of property and includes the installation of building units fabricated or moved from elsewhere and installation of an in-ground/on-ground swimming pool including the installation of a hot tub, above ground-pool or landscaping.

Contractor means any person alone or with others undertaking construction on a property or a highway on behalf of a permit holder or owner.

Damage means harm or injury to the highway, including without limitation, harm, injury, disturbance, cracking, gouging or displacement of or to the pavement, curb, boulevard, landscaping, trees, retaining walls, street furniture or sidewalk resulting from the use of the highway to access work such that, in the sole opinion of the Director, the street is not in its pre-construction condition.

Debris means any waste material of any kind whatsoever that is uncollectable under the current waste collection agreement of the Town, and without limiting the generality of the foregoing includes rubbish, mechanical equipment, automobile and mechanical parts, tires, furnaces, water and fuel tanks, furniture, glassware, plastic, cans, garden refuse, grass clippings, trees, tree branches, sprinklers, earth or rock fill, animal feces, materials from construction or demolition projects, old clothing and bedding, refrigerators, freezers, or similar appliances, whether operable or inoperable, containers of any kind and any objects or conditions that might create a health, fire or accident hazard.

Director means the Director of Community Services for the Town or designate.

Highway includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof.

Landscape or Construction Material includes but is not limited to gravel, soil, sod, bricks, and paving stones, landscaping rocks, wooden planks, boards or like materials.

Obstruct (ion) includes encumber, damage, block, foul, or alter.

Officer includes an employee of the Town who has been appointed by by-law to enforce the provisions of Town by-laws and a member of South Simcoe Police Service.

Occupant means a lessee, tenant, mortgagee in possession or any other person who appears to have care and control of any property.

Over-Dimensional Vehicle means any combination of vehicle and load having a width, length, height or weight in excess of limits provided for in the Highway Traffic Act.

Owner means the registered owner of land or the occupant, tenant, lease or the person for the time being managing or receiving the rent of the property, whether on its own account or on account of an agent or trustee of any other person or any one of the aforesaid.

Person a natural person, association or organization, firm, partnership, private club, contractor, corporation, owner, individual, agent or trustee and their heirs, executors, assigns, administrators, or other legal representatives of a person, association, firm, partnership or private club of a person to whom the context can apply according to the By-law.

Permit means the form of approval or permission that is issued for Road Occupancy applications, and any other permission issued under this by-law.

Publication means a newspaper or other similar printed document which is published.

Publication Dispensing Box means a container placed, installed, used or maintained for the dispensing of a single publication to the public either for financial consideration or free of charge.

Publication Dispensing Unit means a single container placed, installed, used or maintained for the dispensing of two or more publications of the same or different publishers to the public, either for financial consideration or free of charge.

Sidewalk means any municipal walkway, roadworks or multi use trail for the accommodation of pedestrians on that portion of a highway between the curb line and the street line which is located outside a travelled portion of the highway.

Street Furniture includes benches, garbage containers, hand rails, tables, posts, any other above ground appurtenance that is owned by the Town and used by the public.

Town means The Corporation of the Town of Bradford West Gwillimbury.

2.1   Any public utility company or their respective agent will not require a Road Occupancy Permit to undertake the following types of work:

     2.1.1  installing, maintaining or relocating a pole line;

     2.1.2  raising or lowering utility service boxes, where no excavation is required;

     2.1.3  Where no excavation is required, work on shut-off valves except for repair work on valves within the travelled portion of the highway or within a sidewalk;

     2.1.4  initial work conducted in new subdivisions to install sidewalk, curb, and gutter and asphaltic concrete pavement; and

     2.1.5     any emergency repairs required from time to time.

2.2   Subject to section 2.1, when a public utility company or their respective agent closes or occupies a highway or a portion of a highway as a result of an emergency, notice by telephone shall be given immediately to the Town.

2.3   Notwithstanding the exemptions listed in section 2.1, the above agencies shall comply with the requirements of the Ministry of Transportation Traffic Control Manual for Roadway Operations, as may be amended or replaced from time to time.

2.4   A Road Occupancy Permit is not required for any agency who has entered into a Municipal Access Agreement with the Town.

2.5   The provisions of this by-law do not apply to a motor vehicle that is legally parked, licensed and operable pursuant to the regulations of the Highway Traffic Act, R.S.O. 1990, c. H. 8, as amended.

2.6   The Provisions of this by-law do not apply to emergency vehicles, the Town and its employees or contractors, the County of Simcoe, and Provincial or Federal Authorities.

Permit Administration 

3.1   A person may apply for a permit under this by-law if the person:

      3.1.1 completes an application for the permit on the forms as provided by the Director;

      3.1.2 submits the application along with the applicable fees and charges as provided for in the Fees & Charges By-law; and

      3.1.3 provides any documentation, deposit or security or insurance certificates, as required by the Director as prerequisites and requirements for the issuance of the permit.

      3.2 The issuance of a permit under this by-law does not relieve any person from the necessity of acquiring any other license or permit or complying with any other applicable laws, by-laws, regulations and requirements of other governmental authority.

      3.3 A permit is the property of the Town and is not transferable unless otherwise authorized by the Director.

      3.4 Every applicant shall post with the Town the required deposit or security, by way of certified cheque, debit card, or letter of credit, in a form satisfactory to the Town.

Permit Requirements 

3.5 No permit holder shall fail to comply or ensure compliance with all provisions and conditions of the permit and this by-law.

3.6 A permit holder shall provide and maintain a contact phone number that the Director or an Officer may reach the permit holder at all times.

3.7 Failure to comply with any provision or condition of a permit or this by-law may result in the immediate revocation of the permit by the Director, in addition to any other enforcement proceedings against the permit holder as permitted by law.

3.8 When a permit is revoked, written notice shall be issued to the permit holder as soon as practicable. Revocation may be given verbally and followed up in writing.

3.9 The permit holder of a revoked permit shall immediately cease or ensure the immediate cessation of all the activities for which a permit has been issued upon revocation of the permit under subsection 3.7.

3.10 Every permit holder and every owner and occupier of land shall forthwith rectify damaged conditions and reinstate the highway to its original condition, to the satisfaction of the Director.

3.11 Every permit holder and every owner and occupier of land shall provide all signs, barricades, traffic control devices, flag persons, and other persons and equipment required by the Director.

Every permit holder shall maintain or provide alternate access to all private and public properties during any highway closure and occupancy.

3.12 Every permit holder shall maintain or provide alternate access to all private and public properties during any highway closure and occupancy.

Encroachment Agreement Requirements 

3.13 An Encroachment Agreement is required with the Town where an application for a Road Occupancy Permit would extend for a time period of more than 30 days. 

Administration and Interpretation 

3.14 The Director shall be responsible for the administration of this by-law.

3.15 Unless the context otherwise requires, words importing the singular shall include the plural, and words importing the masculine gender shall include the feminine.

3.16 The headings inserted in this by-law are for convenience only. 

4.1 The Town maintains its right to enter onto any portion of a highway to undertake any work required, and where required, re-instated to original conditions of any highway prior to private alterations.

4.2 The Town is not responsible for damage, maintenance or replacement of any alterations made to a boulevard by a private owner or person.

4.3 No person shall alter, obstruct, damage, cause or permit the use of any highway by:

     4.3.1 depositing, throwing, spilling, tracking, cause or permit the depositing, throwing, spilling or tracking of any material waste or sediment onto any highway;

     4.3.2 depositing of snow or ice on a travelled portion of the highway, sidewalk, any portion of a centre median or onto a boulevard not contiguous with the property from where the snow was moved from;

     4.3.3 the placement of any snow or ice, or any materials or equipment, or any structures within 1.2m, in any direction of a fire hydrant;

     4.3.4 altering of the grade on any boulevard unless otherwise approved by the Town;

     4.3.5 cutting, altering, extending, in any manner whatsoever of a concrete curb, open or contained culvert, culvert overpass, or similar structure or landscape;

     4.3.6    allowing the direct discharge of water from any irrigation system, sump pump or down spout onto a highway; and,

     4.3.7 creating any obstruction within any ditch, gutter, or watercourse on any highway.

     4.3.8 the placement of any debris on any portion of a highway except for items that are placed at the roadside and are collectable under the Town's waste management agreement, as amended; and

     4.3.9 the placement of any publication dispensing device in such a manner that may obstruct a sidewalk, sightline, public utility, or any other item which may create a hazard.

Road Occupancy Permit 

5.1           No person shall cause or permit the alteration, obstruction, occupation or damage of any highway without first having obtained a Road Occupancy Permit.

5.2       No person shall undertake construction on land abutting on a highway which may affect the drainage of the highway or require alteration of Town infrastructure without first having obtained a Road Occupancy Permit.

5.3       Without limiting the generality of section 4.0, no person shall alter, occupy, obstruct, damage, or cause or permit the use of any highway without having obtained a Road Occupancy Permit by any of the following:

     5.3.1  the placement of equipment or motorized equipment other than licensed motor vehicles;

     5.3.2  the placement of containers, trailers, and any Landscape or Construction Material;

     5.3.3    allowing a crane boom or any portion of a stationary tower crane to travel over, hoist, or otherwise occupy the space above a highway or any part thereof

     5.3.4    excavating or damaging any portion of a highway, including but not limited to sod, trees, light poles, street signs, asphalt, road sub-base, concrete curb, sidewalk or other objects within the highway, and

     5.3.5    the placement or moving of any street furniture on a highway. 

Use of a Boulevard

5.4       No person shall in relation to a boulevard:

     5.4.1     construct a raised curb, retaining wall or similar feature within 0.3m of a sidewalk or where there is no sidewalk within the Town's right-of-way;

     5.4.2     construct, install, or place any fence, post, light post, rock(s), decorative wall, interlock, stonework, or landscape features on a boulevard;

     5.4.3     erect or maintain, without permission of the Town, any projections of any kind beyond the main wall of buildings, if such projections will encroach upon a highway and without restricting the generality of the foregoing, projections include air conditioners, cornices, eaves, awnings, containers, awning covers, sills, brackets and other similar obstructions extending beyond the main walls of a building; and

     5.4.4     place, deposit or plant any object, which in the opinion of the Town, may impede the Town's ability to maintain the boulevard, highway, or sidewalk, or create a hazard.

     5.4.5     place, deposit or plant any object, or create any visual obstruction within any highway or boulevard.

Work Required by the Town

6.1 The Town maintains its right to enter onto any portion of highway to undertake any work required.

Enforcement

6.2 Officers are hereby authorized and empowered to enforce the provisions of this by-law.

Inspection

6.3 Officers and persons under their direction may at any reasonable time enter onto any lands within the Town to determine if the provisions of this by-law are being complied with or may enter onto any lands within the Town to carry out the remedial actions required to bring the property into conformity with the bylaw.

6.4 Every person or owner holding a permit under this By-law shall carry such permit with him or her when engaged in the occupation for which the permit is issued, and every person or owner holding a permit shall, when requested by anyone authorized to enforce this By-law produce the permit for inspection.

Obstruction

6.5 No person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a power or performing a duty under this by-law.

Enforcement

6.6 No person shall fail to comply with an order issued pursuant to this by-law.

6.7 If an Officer is satisfied that a contravention of this By-law has occurred, the Officer may issue an order requiring the work to be done to correct the contravention.

6.8 If an Officer or Director has reasonable grounds to believe that a contravention of this By-law has occurred, the Officer may make an order requiring the person, contractor, or permit holder who contravened the By-law, or who caused or permitted the contravention, to discontinue the contravention.

6.9 An order issued under the authority of this By-law shall set out:

     6.9.1 The location on which the contravention occurred;

     6.9.2 The date of the contravention;

     6.9.3 The reasonable particulars of the contravention of the By-law;

     6.9.4 The date by which there must be compliance with the order;

     6.9.5 The date on which the order expires; and

     6.9.6 Notice that if the work is not done in compliance with the Order to Comply by the compliance date, the municipality may have the work done at the expense of the person, contractor, or permit holder and the costs of the work may be recovered by adding the amount to the tax roll.

     6.10   If the work required by an order under the provisions of this By-law is not done within the specified period, the Town, in addition to any other remedies it may have, may do the work at the persons, contractors, or permit holders expense and may enter upon the land at any reasonable time for this purpose.

Service of Orders

6.11   An order from the Town may be:

     6.11.1 served personally upon the person, contractor, or permit holder,

     6.11.2 posted on site where the contravention has taken place; or

     6.11.3 mailed by registered mail to the last known address of the person, contractor, or permit holder according to the current assessment rolls.

6.12 If served by registered mail, an order under subsection 6.11.3 shall be deemed to have been served on the fifth day after mailing.

Removal of Obstruction

6.13 If an Officer determines that an obstruction of a highway exists, the Officer may issue an order requiring the owner, occupant and/or contractor of the property from which the obstruction comes from, relates to, or was created for, to discontinue causing the obstruction and to remove the obstruction and repair, as necessary, at the expense of the owner, occupant and/or contractor so that the highway is brought back to its former condition prior to the obstruction.

Removal of Hazardous Condition

6.14   Where an Officer determines that an obstruction of a highway is, or may create, a hazardous condition to the safety of any person using the highway, the Officer may take any action necessary to have the obstruction immediately removed and the highway repaired, to its original condition, if necessary, and all the costs incurred by the Town in undertaking this work shall be expenses owed to the Town by the owner, occupant and/or contractor of the property from which the obstruction comes from, relates to, or was created for.

Recovery of Costs

6.15   Where the Town, its employees or authorized agents have performed the work required for compliance with this by-law, all expenses incurred by the Town in doing the work as well as any related fees, shall be deemed to be a debt to the town and may be collected by action or the costs may be added to the tax roll for the property and collected in the same manner as taxes.

Disposing of Material and Equipment

6.16   Any obstruction removed by the Town from a highway under this By-law may be directly deposited onto the property from which the obstruction comes from, relates to, or was created for, or the material may be treated as refuse by the Town or become property of the Town which can be disposed of in any manner or used for any Town purpose.

6.17   Any landscape or construction material, motorized equipment, containers, trailers, or motorized tools removed by the Town may, at the discretion of the Director or the Officer, be deposited at the property from which the obstruction comes from, relates to, or was created for, or be stored at the Town facility for thirty (30) day at the owner’s expense.

6.18   Any item in subsection 6.17 shall only be released to the owner or permit holder after the owner or permit holder has paid the Town any applicable expense for removal and storage of the item.

6.19   Any item in subsection 6.17 that is stored at a Town facility from more than thirty (30) days and for which the owner or person, having been notified, has failed to pay the provisions of the Repair Storage and Liens Act, R. S. O. 1990. C.R.25, as amended.

Service Fees

6.20   The municipal service fees for the administration and enforcement of this bylaw shall be in accordance with the fees established in the Fees & Charges By-law, as amended.

6.21   Service fees for the administration and enforcement of this by-law may be charged when a contravention has been confirmed by an Officer.

Offences

6.22   Every person who contravenes this By-law is guilty of an offence.

6.23   Every person who contravenes any of the provisions of this by-law, or who fails to comply with an order issued under this By-law shall be deemed to be committing a continuing offence for each day that the offence remains in contravention, or for each day they fail to comply with the order.

6.24   On conviction, a person may be liable:

     6.24.1  Upon a first conviction, to a fine of not less than $100.00 and not more than $50,000.00;

     6.24.2  Upon a second or subsequent conviction for the same offence(s), to a fine of not less than $400.00 and not more than $100,000.00;

     6.24.3  Upon conviction to a continuing offence, to a fine of not less than $100.00 and not more than $10,000.00 for each day or part of a day that the offence continues. The total of the daily fines may exceed $100,000.00; and

     6.24.4  Upon conviction of a multiple offence, for each offence included in the multiple offence, to a fine of not less than $100.00 and not more than $10,000.00. The total of all fines for each included offences is not limited to $100,000.00.

7.1   Notwithstanding any section, subsections, clause, paragraph or provision of this By-law, or parts thereof, may be declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or beyond the powers or the Town to enact, such section or section or parts thereof shall be deemed to be severable and that all other sections or parts of this By-law are separate and independent therefrom and enacted as such as a whole. Same shall not affect the validity or enforceability of any other provisions of this By-law or of the By-law in whole. 

8.1   By-laws 1994-082, 1998-035, and 2004-054, as amended, are hereby repealed. 

9.1   This By-law comes into full force and effect on the date that the short form wording comes into effect.

Enacted this 19th day of September, 2017.

Original Copy Signed                                               Original Copy Signed   

Rebecca Murphy, Clerk                                             Rob Keffer, Mayor