BYLAW - Obstruction of Drains and Water Courses - 20030527 - 443703PTHE CORPORATION OF THE TOWN OF AURORA
By-law Number 4437-03.P
BEING A BY-LAW respecting
the obstruction of drains and
watercourses.
WHEREAS pursuant to section 11 (2)5 of the Municipal Act, 2001 S.O. 2001 by-laws
may be passed by a lower tier relating to drainage and flood control and the collection of
storm water and other drainage from land;
AND WHEREAS section 427 of the Act, the Council may direct a matter or thing be
done and that in default of it being done by the person directed or required to do it, such
matter and thing shall be done at the person's expense
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
TOWN OF AURORA ENACTS AS FOLLOWS:
1. In this by-law, the term,
1.1. Drain means any work or part thereof, constructed by any person
pursuant to a drainage plan for any required grading of lands and
construction of works for the purposed of removal of storm water,
including ground surface and surface water, and includes depressions,
swales, ditches, catch basins improved water courses, open channels or
ponds;
1.2. Maintain means to keep a drain in the condition required pursuant to the
drainage plans or in the event there is no drainage plan to clear and
remove any obstruction or partial obstruction located from a drain;
1.3. Obstruct means to place or deposit, or to allow to be placed or deposited,
any material or thing of any kind whatsoever in, upon or across any drain
or watercourse whether or not the effect is to impede or prevent the flow
of water therein;
1.4. Owner means the registered owner of the land;
1.5. Person includes a natural individual and their heirs, executors,
administrators or other legally appointed representatives, a corporation,
partnership or other form ob business association;
1.6. Repair means to restore a drain or watercourse to the condition required
pursuant to the drainage plan under which it was constructed; and
1.7. Watercourse means a naturally occurring stream of water.
2. No person shall obstruct or partially obstruct or allow, cause or permit to be
obstructed or partially obstructed, any drain or watercourse, or any part or parts
thereof.
3. Every owner of land shall repair and maintain any drain, or part thereof, located
upon the owner's lands.
4. In the event that an owner defaults on the obligation imposed by paragraph 3 the
Town may direct that the required maintenance or repair be performed at the
owner's expenses.
5. Every person who contravenes any of the provisions of this By-law is guilty of an
offence and, upon conviction, is liable to a fine or penalty as provided for in the
Provincial Offences Act.
6. The provisions of this By-law shall apply to all lands within the Town of Aurora.
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By-law No. 4437-03.P Page 2
7. THAT the provisions of this By-law shall come into force and take effect upon
third reading hereof.
READ A FIRST, SECOND AND THIRD TIME THIS 2ih DAY OF MAY, 2003.