BYLAW - Obstruction of Highways Reenactment - 20051213 - 474405PTHE CORPORATION OF THE TOWN OF AURORA
By-law Number 4744-0S.P
BEING A BY-LAW to regulate
the obstruction of highways and
the crossing of boulevards by
delivery vehicles (the Highway
Obstruction By-law).
WHEREAS the provisions of Section 11 (1) of the Municipal Act, R.S.O., 2001, as
amended, authorizes the. Town of Aurora to enact by-laws to regulate the obstruction of
highways and the crossing of boulevards by vehicles;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
TOWN OF AURORA ENACTS AS FOLLOWS:
1. In this By-law:
(a) "applicant" means a person applying for a permit certifying to the approval by
the Corporation of plans of buildings to be erected, altered, repaired or demolished;
(b) "Corporation" means the Council of the Corporation of the Town of Aurora;
(c) "Director" means the Director of Building Administration appointed by the Town;
(d) "obstruct" or "encumber" when used in relation to a highway, shall include the
movement of snow from any land or premises onto the highway in such an manner
as to obstruct or encumber the movement of vehicular traffic upon such highway and
"encumber" shall include. the. placement of any article, object or thing upon the
boulevard or un-travelled portion of the highway;
(e) "permit" means an approval by the Corporation of the plans of buildings to be
erected, altered, repaired or demolished;
(f) "person" includes a natural individual, and their heirs, executors, administrators
or other legal representatives, a corporation, partnership or other form of business
association or a receiver or mortgagee in possession;
(g) "refuse" includes all materials that are defined as "refuse", "prohibited refuse",
"regularly collected refuse", "intermittently collected refuse" or "blue-box recycled
refuse" in the Corporation's By-law 3643-95.E or successor legislation thereto;
(h) "Town" means the geographic limits of the Corporation of the Town of Aurora in
the Regional Municipality of York.
PROHIBITIONS
2.1 No person shall obstruct, encumber, injure or foul any highway or bridge in the
Town.
2.2 Notwithstanding the provisions of this section, this By-law shall not prohibit the
obstruction, encumbrance, injury or fouling of a highway in connection with any
activity duly authorized in advance by Council or the obstruction, encumbrance,
injury or fouling of any highway on a temporary basis, provided such activity has
been duly authorized in advance by Council and provided adequate safety
precautions have been implemented and maintained in a manner that provides
ample warning to users of the highway of the obstruction, encumbrance injury or
fouling of the highway.
2.3 No person shall cause any vehicle over which he has control or shall permit any
By-law Number 47 44-05P
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2.3 No person shall cause any vehicle over which he has control or shall permit any
vehicle, that is utilized in respect of a contractfor delivery or removal entered into
directly or indirectly with that person, to cross any curb, sidewalk or paved boulevard
to deliver to or remove materials from abutting land on which any building is being
erected, altered, repaired or demolished unless, upon making application to the
Director for a permit in respect of such building, such person provides a deposit
pursuant to the terms of this By-law and abides by the provisions of this By-law.
2.4 No person may be an owner or occupier of land upon which a building is or will
be erected, altered, repaired or demolished without taking all necessary steps to
ensure that building material, waste or soil is not spilled or tracked or otherwise
deposited onto the public streets by vehicles over which he has control or in relation
to which he has directly or indirectly entered into a contract for delivery or removal,
where such vehicles are going to or coming from the owner's or occupier's land
during the course of erection, alteration, repair or demolition.
2.5 No person may be an owner or occupier of land upon which a building is or will
be erected, altered, repaired or demolished and cause any vehicle over which he has
control or permit any vehicle in relation to which he has directly or indirectly entered
into a contract for delivery or removal, to be utilized in respect of delivery or removal
of materials to such land and to spill or track or otherwise deposit building material,
waste or soil onto the public streets without making repayment to Council for the cost
of removal of such building material, waste or soil from the public streets.
2.6 No person may throw, place or deposit dirt, filth, glass, handbills, paper or other
rubbish or refuse or the carcass of any animal on any highway or bridge in the Town.
2.7 No person may obstruct any ditch or culvert upon any highway in the Town.
DEPOSIT
3.1 No deposit shall exceed the sum of $25.00 per metre of the limit of the lot
abutting directly on such sidewalk, curbing or paved boulevard.
3.2 The deposit shall be paid prior to the issuance of a permit.
3.3 Where the Director determines that any damage has occurred to the sidewalk,
curbing, paved or unpaved boulevard or to the travelled portion of the roadway or to
any water service box or other service therein caused by the crossing of such
vehicles, the deposit may be applied by the Director to the cost of repairs.
3.4 Upon completion of the erection, alteration, repair or demolition of the subject
building and upon application by the person by whom the deposit was paid, the
amount of which the sum deposited exceeds the cost of any repairs shall be
refunded.
3.5 Where any money paid under this paragraph remains unclaimed for a period of six
years, the municipal Treasurer may cause to be published a notice containing a list of
such unclaimed money, including the name of the depositor, and stating that all persons
having any claim to any of such money are required to prove their claims within ninety
days from the publication of the notice, and, upon the expiration of ninety days from the
publication of such notice, the Treasurer may transfer all of such money against which no
claim has been made to the general funds of the municipality free of and from any and all
claims of any kind whatsoever.
3.6 In addition to any other penalty imposed by this or any other law, where a person who
is an owner or occupier of land has caused any vehicle over which he has control or
permitted any vehicle in relation to which he has directly or indirectly entered into a
contract for delivery or removal of materials, to spill, track or otherwise deposit material,
waste or soil onto the public streets without making repayment to Council for the cost of
removal of such material, the person's deposit taken pursuant to this By-law may be
applied by the Director to the cost of such removal.
OFFENCE AND PENALTY
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4.1 Any person who contravenes any provision of this By-law is guilty of an offence and,
upon conviction pursuant to the provisions of the Provincial Offences Act (as amended), is
liable to the maximum penalty that may be imposed under the Provincial Offences Act;
MISCELLANEOUS
5.1 That By-law No. 3501-93 is hereby repealed.
EFFECTIVE DATE
6.1 This By-law shall come into force ahd effect upon final passage hereof.
READ A FIRST AND SECOND TIME THIS 13th DAY OF DECEMBER 2005.
READ A THIRD TIME AND FINALLY PASSED THIS 13th DAY OF DECEMBER 2005.
BOB PANIZZA, TOWN CLERK