OFFICE CONSOLIDATION CITY OF TIMMINS OBSTRUCTING AND ENCUMBERING OF STREETS BY-LAW AS AMENDED

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1 OFFICE CONSOLIDATION CITY OF TIMMINS OBSTRUCTING AND ENCUMBERING OF STREETS BY-LAW AS AMENDED Office Consolidation This consolidated version of By-law No as amended, is prepared for the purpose of convenience only and for accurate reference, recourse should be had to the original By-law, and all amending By-laws. AMENDED , DECEMBER, 2002

2 CITY OF TIMMINS BY-LAW NO BEING A BY-LAW to prohibit or regulate to obstructing, encumbering, injuring or fouling of highways in the City of Timmins. WHEREAS the Municipal Council of the Corporation of the City of Timmins deems it desirable to enact a bylaw, pursuant to Section 315, Subsection 1 of the Municipal Act, R.S.O. 1980, Chapter 302 as amended, for prohibiting or regulating the obstructing, encumbering, injuring or fouling of highways or bridges. NOW THEREFORE the Municipal Council of the Corporation of the City of Timmins enacts as follows: 1. That in this by-law: (a) "Highway" includes a common and public highway, street, 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. (b) "Boulevard" means that part of the highway between the curb or edge of the roadway and the street line, and in the case of divided highways, that area between the centre curbs thereof and shall include the sidewalks. (c) "Director" means the Director of Public Works and Engineering in charge of streets, sidewalks and thoroughfares in the City of Timmins, or his authorized deputy, representative or inspector. (d) "Person" includes a corporation and the heirs, executors, administrators or other legal representatives of a person to whom the context can apply according to law. (e) "Fences" shall include shrubberies and hedges planted and maintained in such a way as to form a fence. 2. That the Director may temporarily close to traffic, any highway in the City of Timmins whenever the same becomes necessary by reason of the condition thereof, and for any other cause deemed sufficient by the said Director and may erect thereon any barricade or notice warning the public that such highway is closed to traffic, and no person shall remove any such barricade or notice or enter upon or use any highway temporarily closed. 3. No person shall occupy, break, excavate, dig up, tear up, or remove any portion of any highway or boulevard, or any planking, sidewalk, curbing, pavement or road structure of any sort, forming the surface of any City of Timmins highway, or make any excavation in or under any City of Timmins highway, boulevard or sidewalk for the purpose of building or otherwise, unless he obtains a street occupancy permit thereof from the Director, and the Director may grant such permit on the following conditions: a) Each person desiring a street occupancy permit shall make a written application for such permit on a form prescribed for this purpose by the Director. The application shall set out the starting and completion dates of the work, shall define precisely the extent of occupation and location and outline detour arrangements that may be required. Nothwithstanding anything stated above, the Director may withhold a permit if, in his opinion, the detour proposed will not be satisfactory or if the work itself will create a hazard or nuisance or will otherwise be detrimental to the City. b) A permit fee of $15.00 per day shall be charged for each street occupancy permit.

3 c) The work so permitted shall be carried out under the direction of the Director and the portion of the City of Timmins highway, boulevard or sidewalk disturbed shall be replaced, relaid and made good to his satisfaction by the person obtaining such permission. d) At either or both ends of the portion of the highway closed or partially closed, as the case may be, a suitable barricade or barricades shall be erected by the person to whom the permit was issued. Red flashing, amber or other lights as may be required herein shall be attached to the barricade and shall be exposed between sunset and dawn. Similar barricade treatment shall be given to sidewalks and boulevards if deemed necessary by the Director. In addition, signs shall be posted indicating the alternate ordetour route. Other barricades, snow fencing, hoarding, signs and lights as may be required by the Director shall be installed by the person along the route of the construction for purposes of safety. e) All barricades, etc. signs and lights shall be according to the specifications of the Municipality, or where there are no such specifications, according to designs approved by the Director, and shall be supplied by the person at his cost. f) In the event that the work to be done is not completed by the date provided for in the street occupancy permit, application may be made for an extension of time, provided that such application is made at least two working days prior to the expiry date of the original permit. g) If the barricades, snow fencing, hoarding, signs and lights required herein are not installed and maintained by the person, the Director may temporarily install them at the cost and expense of the person responsible for the work and the street occupancy permit shall be deemed to have been revoked. The work shall not be recommended unless and until a new permit is obtained and proper barricades, snow fencing, boarding, signs and lights, as the case may be are installed in accordance with the provision hereof and the same are approved by the Director. h) Public way protection shall be provided as required under R.S.O. 1980, Chapter 329, being the Occupational Health and Safety Act, Ontario Regulation 691, Section 21 (1)(2) Section 22, and 23 as amended. i) In the event of an emergency arising or in the case of revocation or expiry of the permit, the Director may issue a directive to the person to whom the permit was issued, requesting immediate reinstatement of the said highway, boulevard or sidewalk. In the event of failure of the person to comply immediately with this directive, the Director may proceed with the said reinstatement at the expense of such person. j) Notwithstanding anything stated above, the person to whom the permit was issued shall provide and maintain suitable alternate access as required for adjacent property owners who have their normal access blocked by the work in progress. the person obtaining such permit shall indemnify and keep indemnified and save harmless the City and each of its officers, employees and agents from and against all actions, suits, claims, execution and demands which may be brought against or made upon the City, its officers, employees and agents, and from all loss, costs, charges, damages, liens, and expenses which may be paid, sustained or incurred by the City, its officers, employees and agents by reason of or on account, or in consequence of, the person obtaining such a permit in fact occupying the street. k) In the case of default in compliance with any demand made by the Director, or anyone acting under his jurisdiction, the Director may authorize the removal of any obstruction, and the expense incurred in removing any obstruction, may be added to the Tax Collectors' Rolls and collected in the same manner as municipal taxes, notwithstanding any provision or section to the contrary contained in this by-law.

4 4. No person shall build or maintain fences on any highway or boulevard or place or plant or erect anything which may cause obstruction to or interference with public travel, or the clearing of snow, or any other operations involving City of Timmins work forces. 5. No person shall throw, place or deposit by any means whatsoever on any highway, boulevard or bridge within the said City, building material, dirt, filth, glass, handbills, paper or other rubbish, refuse or garbage, or the carcass of any animal. 6. No person shall place any obstruction, or obstruct or cause to be obstructed any ditch, gutter or watercourse on any City of Timmins highway or boulevard. *BY-LAW No person shall fill in the road ditches abutting their property nor permit the same to be filled or place culverts or other piping in the ditch other than for driveway purposes. 7a. In rural areas, one driveway per property will be permitted the owner is to supply a culvert per City requirements at the owner s cost and the City is to install the said driveway culvert if the property owner requests a second driveway, the City will investigate if feasible and if feasible, the property owner will supply the culvert per City requirements and the City to install the second culvert at the property owner s cost. 8. No person shall discharge water over or across a sidewalk boulevard or highway in such a way that may create a hazard or nuisance 9. The Director may require the removal of any obstruction placed on any City of Timmins highway or boulevard by notice in writing to the person by whom the same are or were so built, maintained, placed or deposited, and if such demand for such removal is not complied with forthwith, the Director may cause the same to be removed and may charge the cost of such removal to the person aforesaid and the same may be collected by process of law. 10. Nothing contained in this By-law shall prevent the Director from altering, opening, or otherwise using any boulevard for any civic purpose. 11. All persons employing or using trucks or other vehicles for conveying materials of any kind to or from a construction site or for making excavations for building or other purposes shall immediately remove from pavements and sidewalks any earth, rubbish or other materials which may fall from the box or wheels of such trucks or other vehicles. If this material is not removed forthwith the Director may cause the same to be removed and may charge the cost of such removal to the person aforesaid and the same may be collected by process of law. 12. For regulating the crossing of curbings, sidewalks or paved boulevards by vehicles delivering materials to or removing materials from abutting lands on which any building is being erected, altered, repaired or demolished, and for requiring the owners of such abutting lands, upon any application for the issuing of a permit certifying to the approval of plans of buildings to be erected, altered, repaired or demolished shall protect all curbings, sidewalks or boulevards and shall be responsible for all repairs if damage occurs. *BY-LAW Every person who contravenes any provisions of this by-law is guilty of an offence and liable upon conviction to a fine of not more than $5, exclusive of costs as authorized by the Provincial Offenses Act, section 62, R.S.O C. 400 as amended, except where otherwise expressly provided by law, which shall be recoverable under the provisions of the Provincial Offenses Act and all the Provisions of the said Act shall apply to any prosecution for any offence under the provisions of this by-law.

5 14. Should any section, subsection, clause, paragraph or provision of this by-law be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the by-law as a whole or any part thereof, other than the provision so declared to be invalid. Read a first time be now considered as read a second and third time and finally passed this 16th day of July, CERTIFIED TRUE COPY OF BY-LAW NO (SGD) VICTOR M. POWER MAYOR CLERK (SGD) R.. J. WATSON CLERK