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BY-LAW #14 OF 2007 Being a By-law to prohibit the obstruction,
encumbering, injuring or
fouling of highways/or right-of-ways, or bridges, or watercourses within
the municipality. WHEREAS Section 26 of the
Municipal Act, R.S.O. 2001 defines “highway” as being all road allowances
made by the Crown surveyors that are located in municipalities; or all road
allowances, highways, streets and lanes shown on a registered plan of
subdivision. WHEREAS Section 27(1) gives
a local municipality power to pass by-laws in respect of a highway only if it
has jurisdiction over the highway, being all road allowances located in the
municipality that were made by the crown surveyors and all road allowances, highway,
streets, and lanes shown on a registered plan of subdivision WHEREAS Section 44(14)
stated that there is no responsibility for acts of others; (15) a
municipality is not liable for damages under this section unless the person
claiming the damages has suffered a particular loss or damage beyond what is
suffered by that person in common with all other persons affected by the lack
of repair; WHEREAS Section 45 (1)
stated that no proceeding shall be commenced against a member of council or
an officer or employee of the municipality for damages based on the default
of the municipality in keeping a highway or bridge in a state of a repair
that is reasonable in light of all the circumstances, including the character
and location of the highway or bridge. WHEREAS Section 46 stated that no action brought against a
municipality for damages that result from the presence of any nuisance on a
highway. THEREFORE, Council is
authorized to prohibit the obstructing, encumbering, injuring or fouling of
highways/or right-of-ways, or bridges, or watercourses within the
municipality; AND WHEREAS the Council of
the NOW THEREFORE the
Municipal Council of the 1.
No person or
persons shall obstruct, encumber, injure or foul any highways/or
right-of-ways, or bridges, or watercourses in the 2.
No person or
persons shall throw, place or deposit dirt, filth, glass, handbills, paper,
tires or other rubbish or refuse, or the carcass of any animal on any
Highways/or right-of-way, or bridge, or watercourses in the Municipality of
North Middlesex. 3.
No person or
persons shall obstruct ditches or culverts upon any highways in the 4.
Any person who
contravenes any provisions of this by-law is guilty of an offence and upon
convict ion is liable to a fine not exceeding $5,000 exclusive of costs, or
such other fines as may be levied in accordance with the Provincial Offences
Act, Part 111. 5.
This by-law
comes into force and effect
on the day that Part 111 of the Provincial Offence Act, R.S. O.
1990, c.p. 33 applies to the READ A FIRST, SECOND AND
THIRD TIME AND FINALLY PASSED
this 22nd day of January, 2007. __________________________ __________________________ MAYOR ADMINISTRATOR |