3678-2024 Prohibit the Depositing of Snow on Highways within the Township
A BY-LAW TO PROHIBIT THE DEPOSITING OF SNOW ON HIGHWAYS WITHIN THE TOWNSHIP OF AUGUSTA
Passed by Council January 29, 2024
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3678-2024
A BY-LAW TO PROHIBIT THE DEPOSITING OF SNOW ON HIGHWAYS WITHIN
THE TOWNSHIP OF AUGUSTA
WHEREAS Section 27(1) of the Municipal Act, 2001, 5.0. 2001 c. 25 as amended permits
municipalities to pass by-laws in respect of a highway under the municipalities jurisdiction;
and
AND WHEREAS Section 181 of the Highway Traffic Act, 1990, R.S.0. 1990 c. H. as
amended, prohibits any person from depositing snow or ice on a roadway without
permission in writing from the road authority responsible for the maintenance of the road;
and
AND WHEREAS section 429 of the Municipal Act, S.O. 2001, c.25 provides for a
municipality to establish a system of fines for offences under a By-Law of the
municipality passed under this Act;
AND WHEREAS it is deemed expedient to regulate or prohibit depositing of snow on
any highway or bridge within the limits of the Corporation of the Township of Augusta
(Township).
NOW THEREFORE The Council of the Township enacts as follows:
1. DEFINITIONS
In this By-Law,
1.1. “Council” shall mean the Council of the Corporation of the Township of Augusta.
1.2. “Highway” shall mean a common and public highway (road and streets) and
includes any bridge, trestle, viaduct or other structure forming part of the
highway and, except as otherwise provided includes a portion of a highway as
defined in the Municipal Act, 2001 c. 25, 5.0. 2001 as amended.
1.3. “Park or Parking when prohibited” shall mean the standing of a vehicle whether
occupied or not, expect when standing temporarily for the purpose of and while
engaged in loading or unloading merchandise or passengers.
1.4. ‘Officer” shall mean a person who has powers or duties with respect to the
administration and enforcement of this by-law.
1.5. “Person” means any individual or legal entity or a person whom the context can
apply according to law.
1.6. “Roadway” shall mean a part of the highway that is improved, designated or
ordinarily used for vehicular traffic, but does not include the shoulder, and
where the highway includes two or more separate roadways the term
“roadway” refers to any one roadway separately and not to all of the roadways
collectively.
1.7. “Township” shall mean the Corporation of the Township of Augusta.
1.8. “Traffic” shall mean vehicles, (motorized and non-motorized), pedestrians, and
other conveyances either singly or together while using any highway for the
purposes of travel.
2. PROHIBITION
2.1. No person shall deposit or cause to be deposited any snow or ice upon or
across any portion of any highway, sidewalk, or bridge located within the
territorial limits of the Township.
3. APPLICATION
3.1. This by-law shall apply to the whole of the Township.
3.2. That the provisions of this by-law shall not apply to municipal snow clearing
operations.
4. PENALTIES
4.1. The By-law Officer is responsible for the enforcement of this by-law.
4.2. Any person who contravenes any provision of this By-Law shall be guilty of an
offence and upon conviction, shall be liable to a penalty as provided under the
Provincial Offences Act. Provincial Offences Act, RS.O. 1990, c.P33, as
amended, as set out in Schedule A” Set Fines.
4.3. Set fines for contravention of this by-law are set out in Schedule “A” of this by
law.
5. ENFORCEMENT
5.1. This By-Law may be enforced by all By-law Officers.
5.2. No person shall provide false information or give a false statement to an Officer,
employee and/or agent of the Municipality in the lawful exercise of a power or
duty under this By-Law.
5.3. No person shall hinder or otherwise obstruct, nor attempt to hinder or obstruct,
either directly or indirectly, an Officer, employee and/or agent of the Municipality
in the lawful exercise of a power or duty under this By-Law.
6. OTHER
6.1. Schedules “A” shall form part of this by-law.
6.2. The Clerk may make such amendments that are minor in nature and do not
change the intent of the By-law.
7. SEVERABILITY
7.1. If any provision of this By-Law or application thereof to any person or
circumstance is held invalid by any Court, other provisions or applications of the
By-Law which can given effect without the invalid provision or application shall
not be affected, and to this end the provisions of this By-Law are declared to be
severable.
8. SHORT TITLE
8.1. This By-Law may be referred to as the ‘Prohibit Depositing of Snow”.
9. REPEALS
9.1. Where a provision of this by-law conflicts with a provision of another by-law
enforced in the Township or a provincial law or regulation, the provisions that
establish the higher standard shall prevail.
10. This By-Law shall come into force and take effect upon receipt of approval of
Schedule “A” Short Form Wording/Set Fines by the Ontario Court of Justice.
READ a first and second time this 29th day of January 2024
READ a third time and passed this 29th day of January 2024
Signed by Mayor Jeff Shaver and Clerk Annette Simonian
PART I PROVINCIAL OFFENCES ACT
BY-LAW 3678-2024
TO PROHIBIT THE DEPOSITING OF SNOW ON
SCHEDULE “A” — SET FINES
Item | Short Form Wording | Provision Creating or Defining Offence | Set Fine
1. | Depositing snow or ice on roadways contrary to this By-Law or the highway Traffic Act | Section 2.1 | $130.00
Note: The general penalty provision for the offences listed above in Section 2 of By-Law 3678-2024, a certified copy of which has been filed.
The above-noted fine amount has been approved by the Regional Senior Justice.
Dated: February 15, 2024
Electronic Signature:
W. Vincent Clifford
Regional Senior Justice
Ontario Court of Justice – East Region
THE HONOURABLE
W. VINCENT CLIFFORD
REGIONAL SENIOR JUSTICE
ONTARIO COURT OF JUSTICE
EAST REGION
COURTHOUSE
161 ELGIN STREET, 6TH FLOOR
OTTAWA, ONTARIO
K2P 2L1
February 15, 2024
Township of Augusta
3560 County Road 26
Prescott ON K0E 1T0
Attention: Annette Simonian, Clerk
Dear Annette Simonian:
Re: Set Fines – Provincial Offences Act – Part I
By-Law No. 3678-2024: Snow
Enclosed herewith is the original Order (Part I) dated February 15, 2024, and original schedule of
set fines for By-Law No. 3678-2024, the By-Law indicated in the schedule.
The setting of the fines does not constitute my approval of the short form of wording used to
describe the offences.
Please ensure that a copy of the said documents is forwarded to the Provincial Offences Office,
which has jurisdiction for the Township of Augusta.
Yours truly,
W. Vincent Clifford
Regional Senior Justice
Ontario Court of Justice
East Region
/nl
Enclosures
c.c.: Melissa Adams
Crown Counsel, Crown Law Office – Criminal
Municipal Set Fines
PROVINCIAL OFFENCES ACT
Part I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the
rules for the Ontario Court of Justice, that the amount set opposite each of the
offences in the schedule of offences under the Provincial Statutes and Regulations
thereunder and Municipal By-law No. 3678-2024, of the Township of Augusta
attached hereto is the set fine for that offence. This Order is to take effect on
February 15, 2024.
Dated at Ottawa, this 15th day of February 2024.
Electronic Signature:
W. Vincent Clifford
Regional Senior Justice
Ontario Court of Justice
East Region
