SNOW CLEARING REGULATIONS
Pursuant to the authority conferred by Section 414 (2) (00) of the Municipalities Act, 1999, cM-24, SNL 1999, and power delegated by the Minister of Transportation and Works under Section 189 of the Highway Traffic Act, cH-3, RSNL 1990 where required, the Town of Baie Verte hereby enacts the following Regulations which were adopted at a Public Council Meeting held on the 13 day of December, 2017.
1. TITLE
These Regulations shall be known as the “Town of Baie Verte Snow Clearing Regulations”.
2. DEFINITIONS
(a) “Regulations” shall mean the Town of Baie Verte Snow Clearing Regulations.
(b) “Council” shall mean the Town Council of the Town of Baie Verte.
(c) “Municipal Enforcement Officer” means for the purpose of these Regulations, a peace officer with the powers as outlined in the Municipalities Act, M-24, RSN 1999 and amendments and as outlined in the Highway Traffic Act, RSN 1990, Chapter H-3 and amendments.
(d) “Persons” means any person, firm, partnership, association, corporation or any organization of any kind.
(e) “Street” shall mean any street, road or highway or any other way designed or intended for public use for the passage of vehicles and pedestrians, owned by the Authority or other public agency and maintained at public expenses and is accessible to Fire Department vehicles and equipment.
(f) “Road Reservation” shall mean an area determined by Council that is reserved for a street, a future street or future street improvements and shall be a minimum of 12.2 metres (40 feet) in total and 6.1 metres (20 feet) measured from the centerline.
(g) “Town” shall mean the Town of Baie Verte.
3. SNOW CLEARING PERIOD
(a) The period between the 15th day of November in each year and the last day of April in the year following and any other period when unusual snow and/or ice conditions prevail, shall be known as the “Snow Clearing Period”.
(b) The “Snow Clearing Period” shall include the first day of December and the last day of April.
4. PARKING
(a) No person shall park an unattended vehicle on any street, road reservation or municipal parking areas in such a way as to interfere with; hinder or obstruct snow clearing operations.
(b) No person shall park an unattended vehicle on any street or road reservation within the Town:
(i) between the hours of 12:00 midnight and 10:00 a.m. during the Snow Clearing Period regardless of weather conditions; or
(ii) during a snowstorm; or
(iii) during the 24 hours immediately following a snow storm; or
(iv) during such other period as may be declared by Council to enable clean-up after a severe storm or snowfall.
5. DEPOSITING OF SNOW
No person shall deposit or cause or permit to be deposited any snow and/or ice from driveways, sidewalks, parking lots or any other property under their ownership or control, onto any street or road reservation within the Town.
6. LIABILITY FOR DAMAGES
Claims against the Town for damage to mobile or portable articles, garbage boxes, buildings, fences, trees, shrubs, ledges, rock walls and lawns on private property will be accepted by the Town when they occur, as a result of being struck by equipment operated by employees of the Town or by Town contractors during the periods of time they are engaged in work on behalf of the Town and where they occur at a distance not less than 6.1 metres (20 feet) from the centerline of the street.
7. DISCLAIM OF DAMAGES
No claims for damages to property will be accepted by the Town where:
(a) the damages occurred on or to property located within 6.1 metres (20 feet) from the centerline of the street; or
(b) the damages occurred as a result of the weight of the snow and/or ice deposited on mobile or portable articles, garbage boxes, buildings, fences, trees, shrubs, hedges, rock walls and lawns; or
(c) lawns become brown or decayed as a result of the deposit of snow and/or ice; or
(d) a claim for damages is received by the Town after May 31 of the year in which the snow clearing period ends.
8. PENALTIES
(a) Any unattended vehicle parked in contravention of these Regulations within the Town may be removed by or on behalf of the Town and impounded, and the total cost of removal and impounding may be recovered from the owner of the vehicle as a civil debt.
9. PREVIOUS REGULATIONS
All previous Town of Baie Verte Snow Clearing Regulations and amendments are repealed.
10. COMPLIANCE WITH OTHER ACTS AND REGULATIONS
Nothing in these Regulations serves to exempt any person from obtaining any license, permission, permit, authority or approval required by any other regulations of the Town or any statute or regulation of the Province of Newfoundland and Labrador, and in such cases where more than one regulation or statute applies the more restrictive regulation or statute shall apply.
11. EFFECTIVE DATE
These Regulations shall come into force the 1 day of January, 2018.
In witness whereof, the Seal of the Town of Baie Verte has been affixed herewith and the Mayor and Chief Administrative Officer have signed these Regulations on behalf of the Town Council of Baie Verte this ____ day of ____________, 2017.
Mayor
Chief Administrative Officer
