| 1. Title |
| These Regulations may be cited as the Town of Paradise Snow Clearing Regulations, 2013. |
| 2. Interpretation |
In these Regulations, unless the context otherwise requires:
- a)"Act" means the Municipalities Act, 1999, SNL 1999 Chapter M-24 as amended.
- b)"Council" means the Town Council of the Town of Paradise.
- c)"Enforcement Authority" means Council or its authorized administrator.
- d)"Highway" means the entire width between the boundary lines of a highway, road, street, avenue, thoroughfare, right-of-way, parkway, driveway, lane, alley, square, place, bridge culvert, viaduct, trestle, or causeway, whether it is publicly or privately owned and whether or not it is designed or intended for use by the public, if the whole or any part of it is used by the public, if the whole or any part of it is used by the public for the passage of vehicles and includes a trail on a frozen lake, river, or other body of water or watercourse when that trail is maintained or kept open at the expense of the province or a municipality.
- e)"Municipal Enforcement Officer" means the Municipal Enforcement Officer appointed by the Town of Paradise.
- f)"Owner" means the legal entity having title to a property.
- g)"Occupant" means any Person who is an agent, tenant or occupier of a property.
- h)"Person" means any person, firm, partnership, association, corporation, company, co-operator, club, society, or any other corporate body or organization of any kind.
- i)"Town" means the Town of Paradise.
- j)"Snow Clearing Period" means the period between the first day of December in each year to and including the thirty-first day of March in any succeeding year, both days inclusive, and any other period when unusual snow and/or ice conditions prevail.
- k)"Vehicle" means a device in, upon or by which a person or property may be transported or drawn upon a highway.
|
| 3. Parking |
a) No Persons shall park an unattended vehicle on any street, road reservation or municipal parking areas, or leave any portion thereof protruding upon any highway reservation within the Town during the Snow Clearing Period:
- i) between the hours of 1:00 am and 8:00 am; and
- ii) at any time during a snowfall and for twenty-four hours thereafter.
|
| 4. Depositing of Snow |
- a) No Person shall shovel, plow, blow or cause to be shoveled, plowed or blown any residue snow from a driveway or parking lot unto any highway, street, sidewalk within the municipal boundaries of the Town of Paradise.
- b) No Person engaged in removing snow or ice from any property or other premises shall do so in any manner that obstructs vehicular traffic on a street or pedestrian traffic on a sidewalk.
- c) The provisions of Section 4 (a) and 4 (b) shall not apply to employees or contractors of the Town while engaged in snow clearing operations.
|
| 5. Damages |
| Please refer to the Town of Paradise Snow Clearing Damage Policy. |
| 6. Enforcement |
- a) Enforcement and prosecution under these Regulations may be undertaken by any Police Officer, Municipal Enforcement Officer, or by any other Person so authorized by the Enforcement Authority.
- b) Every Person requested by a Police Officer or Person authorized to enforce these Regulations shall upon request, forthwith give his/her proper name and address.
- c) Pursuant to Section 401 (1) of the Act, the Enforcement Authority may serve upon the Owner, Occupant or any Person in violation of a provision of these Regulations, a serially numbered notice advising the nature of the violation and required action to conform with the standards as set out in these Regulations.
- d) The Owner, Occupant or Person shall carry out the direction of the Enforcement Authority referred to in Section 6 (c) at the cost of the Owner, Occupant or Person and within the time specified.
- e) Any cost to the Town for all works including but not limited to the impounding of vehicles and removal of snow or ice deposited in violation of these Regulations shall, in addition to any penalty prescribed hereunder, be recoverable from the Person in contravention of these Regulations.
- f) In carrying out its duties as prescribed by these Regulations, the Town, its employees, servants or agents, shall not be liable for any claims arising out of the action of the Town, its employees, servants or agents, except in the case of gross negligence.
|
| 7. Impounding of Vehicles |
- a) Any unattended vehicle on any highway within the Town in contravention of these Regulations may be removed and impounded by the Council and the cost of such removal and impounding shall be recovered from the owner of the vehicle as a civil debt.
- b) Any Person who has a vehicle impounded under the provision of Regulation 7 (a) shall be liable for an impounding fee in an amount to be set by a Motion of Council. All payment must be in the form of cash or certified cheque. Neither Council nor its authorized agent shall accept responsibility for damage caused to any vehicle under these Regulations.
- c) The Council may dispose of any vehicle impounded under Regulation 7 (a) by Public Sale, if the vehicle is not claimed by its owner within thirty (30) days from the date of impounding.
|
| 8. Failure to Comply |
- a) Pursuant to Section 404 (5) of the Act, where a Person to whom an order is directed does not comply with the order, Council may take the action that it considers necessary to carry out the terms of the order and any costs, expenses or charges incurred by Council in carrying out the terms of the order are recoverable from the Person against whom the order was made as a civil debt owed to Council.
- b) Council may delegate to an official or employee of Council the power to issue orders under this section
- c) Council, its employees, servants or agents shall be saved harmless from any and all claims arising out of the action of Council, its employees, servants or agents in the process of inspecting and/or carrying out work under these Regulations, except in the case of gross negligence.
|
| 9. Right of Entry |
| Pursuant to Section 158 of the Act, Council or its duly authorized agents have the authority to enter a property for the purposes of inspection and enforcement as required under these Regulations. |
| 10. Offence |
- a) Pursuant to Section 419 (2) of the Act, each day upon which the same offence is committed or continued is a separate offence;
- b) Every Person who commits an offence under these Regulations or who acts in contravention of or fails to comply with any provision thereof, or neglects or refuses to do so:
- i) Shall be liable to penalties as stipulated in accordance with Section 420 of the Municipalities Act, 1999;
- ii) Shall be subject to a violation notice issued under Section 421.1(1) of the
- Municipalities Act, 1999; or
- iii) Shall be issues a ticket under the Provincial Offenses Act in accordance with Section 421.2 of the M unicipalities Act, 1999.
- iv) Shall be liable on summary conviction to the penalty as prescribed in the Highway Traffic Act. RSNL 1990, Chapter H-3 and Amendments thereto.
|
| 11. Coming Into Effect |
| These Regulations came into effect on the 5th day of July, 2013 A.D. |
| 12. Publication |
| These Regulations were published in The Shoreline on the 27th day of June and were Gazetted on the 5th day of July, 2013 A.D. |
| 13. Copy to Minister |
|
A copy of these Regulations were sent to the Minister of Municipal Affairs on the 26th day of June, 2013 A.D.
|
| 14. Repeal of Previous Regulations and Amendments |
| All previous Town of Paradise Snow Clearing Regulations and amendments are repealed. |
