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Page 1
by-law NO. 273 - 05
OF THE
CORPORATION OF THE CITY OF CAMBRIDGE
Being a by-law of The Corporation of the City of
Cambridge to require the removal of snow and ice from
sidewalks and roofs.
WHEREAS pursuant to S. 130 of the Municipal Act, 2001, S. O. 2001, c. 25 (the "Act"),
municipalities may pass by-laws to regulate matters related to the health, safety and well-being of the
inhabitants of the municipality;
AND WHEREAS pursuant to Paragraph One of the Table to S. 11(2) of the Act,
municipalities may pass by-laws respecting "Highways";
AND WHEREAS pursuant to S. 55 of the Act, a lower-tier municipality in which highways
are located is responsible for the maintenance of the sidewalks and has jurisdiction over that part of the
highway (i.e. the sidewalks);
AND WHEREAS pursuant to S. 122(1) of the Act, a municipality may require the owners
and occupants of buildings to remove snow and ice from the roofs of buildings and may regulate when
and how the removal shall be undertaken;
AND WHEREAS pursuant to S. 122(2) of the Act, a municipality may enter at any
reasonable time upon land to remove snow and ice:
a.
from the roofs of unoccupied buildings; and,
b.
from private sidewalks between a highway and the main entrance of building;
AND WHEREAS pursuant to S. 122(3) of the Act, a municipality may recover the costs of
removal of snow and ice from the roofs of unoccupied buildings from the owners of such buildings by
action or by adding the costs to the tax roll and collecting them in the same manner as taxes;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE CITY OF
CAMBRIDGE ENACTS AS FOLLOWS:
DEFINITIONS
1.
In this by-law:
a.
"curb-faced sidewalk" means a sidewalk which is adjacent to the curb-face or which is
located not more than .25 of a metre from the curb-face;
b.
"back-lotted sidewalk" means a sidewalk which is located adjacent to the rear lot line of a
property;
c.
"school site" means land or premises required for a school, school playground, school
garden, teachers residence , caretakers residence, gymnasium, offices, parking areas or
for any other school purposes;
d.
"school" means an institution at which instruction is provided at any time between the
hours of 9:00 a.m. and 4:00 p.m. on any school day for five or more pupils who have
attained compulsory school age in any of the subjects of the elementary or secondary
school courses of study, whether under the jurisdiction of a board or not, and whether an
institution operated by the Government of Ontario or not.
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SIDEWALKS
2.1
Subject to sub-section (2), the owner or occupant of every occupied building and the owner of
every unoccupied building and the owner of every parcel of vacant land shall, within twenty-four
(24) hours after a snow fall ends, clear away and remove snow and ice from the sidewalks on the
highways in front or, along side or at the rear of such buildings or land.
2.2
Sub-section (1) does not apply to sidewalks, which are:
(a)
curb-faced sidewalks but excluding the curb-faced sidewalks on the highways shown on
the Schedules "A", "B", "C" and "D" attached hereto;
(b)
back lotted sidewalks; and,
(c)
sidewalks which are located adjacent to highways under the jurisdiction of the Regional
Municipality of Waterloo.
ROOFS
3.
The owner or occupant of every occupied building and the owner of every unoccupied building
which building has a roof adjacent to a sidewalk in such a way that the snow or ice may fall from
such roof onto such sidewalk shall, every day before nine (9) o’clock in the morning, clear away
and remove the snow and ice from the roof of such building and every person while removing
such snow and ice shall take due and proper care and precaution for the warning and safety of all
persons using such sidewalks.
DEEMED OCCUPANTS
4.
For the purpose of Sections 2 and 3 herein, every person having the charge or care of any
church, chapel, school, school site, pubic hall or other public building, shall be deemed to be an
occupant thereof.
DEPOSITING SNOW AND ICE
5.1
The snow and ice cleared away and removed, as required by this by-law, may be deposited on
the boulevard, if any exists, or such snow and ice may be deposited on the edge of the highway
but no person shall deposit snow and ice, in such a manner that it will obstruct drainage to any
catch-basin or obstruct access to any fire hydrant, or in any way obstruct the normal passage of
motor vehicles on the highway.
5.2
Notwithstanding subsection (1), no person owning or operating a parking lot, public garage,
automobile service station, car or truck dealership, commercial building, or apartment building
shall place or cause to be placed any snow or ice on any sidewalk or highway.
DAMAGE TO SIDEWALK OR CURB
6.
Snow and ice shall not be cleared away and removed in a manner that will damage any sidewalk
or curb.
OFFENCE
7.
Any person who contravenes any provision of this by-law is guilty of an offence and upon
conviction is liable to a fine as provided in the Provincial Offences Act.
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CITY MAY REMOVE SNOW AND ICE
8.
In addition to the penalty imposed upon conviction for violation of this by-law and notwithstanding
that no prosecution may have been brought for such violation, the City may at the expiration of
twenty-four (24) hours after such a snow fall ends:
a.
clear away and remove snow and ice from the roof of any unoccupied building
where such roof is adjacent to a sidewalk in such a way that the snow or ice may
fall from such roof onto such sidewalk;
b.
do so at the expense of the owner of the unoccupied building;
c.
recover the costs incurred by the City from the owners of the buildings by action
or by adding the costs to the tax roll and collecting them in the same manner as
taxes.
TITLE
9.
This by-law may be referred to as the "Sidewalk Snow Removal by-law".
REPEAL OF BY-LAWS
10.
by-law 244-85, as amended, and by-law 80-04, as amended, be and the same are hereby
repealed.
EFFECTIVE DATE
11.
This by-law comes into force and effect on the date it is enacted by City Council.
READ A FIRST, SECOND AND THIRD TIME
ENACTED AND PASSED THIS 12TH DAY OF DECEMBER, 2005, A.D.
"Doug Craig"
MAYOR
"David Calder"
CLERK

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