Short Title

1.  This by-law may be cited as the Road Use By-law.

Definitions

2.  In this by-law:

2.1  “Boulevard” means that portion of a Highway between the travelled portion of the Roadway and the County Property line which abuts an Owner’s Property Line(s) and is not used or intended for use for vehicular travel by the general public, and includes the landscaped areas and any driveway apron, but does not include any paved or poured hard-surface Sidewalk or a curb or gutter that is not part of a driveway apron; every Road Allowance within the limits of Haldimand County, which is not used as a Sidewalk, driveway, traveled Roadway, or Shoulder;

2.2  “Collection Vehicle” means a motor vehicle, trailer, traction engine, farm tractor, machine used for road construction or maintenance, bicycle, and any vehicle drawn, propelled, driven by any kind of power, including muscular power, and designed and used for the specific purposes of gathering and collecting waste, organics, and recyclable materials;

2.3  “County” means The Corporation of Haldimand or its authorized representative;

2.4  “Debris” includes but is not limited to any filth, earth, ashes, mud, manure, leaves, grass clippings, garbage, concrete, paper, handbill, advertisement, or any vegetable matter, stone, lime, soil of any kind, sand, tin, wood, the carcass of any dead animal, fish, fowl, or Recyclable Materials from a Collection Vehicle;

2.5  “Emergency” means a serious, unexpected, and often dangerous situation requiring immediate action;

2.6  “Emergency Services” means:

1. the Fire Department and Paramedic Department of Haldimand County; or
2. the Fire Departments and Paramedic Departments of Six Nations, Norfolk County, Brant County, The City of Hamilton, or Niagara Region;

2.7  “Encroachment” means anything projecting over a highway or anything  that is placed, installed, constructed or planted within the highway that was not placed, installed, constructed or planted by the municipality;

2.8  “Festival or Event” includes an organized gathering with a planned program oriented towards arts, culture, sport and entertainment, charitable or educational activities, occurs within a defined period of time and provides community benefit, and that:

1. Requires County approval(s) through the Festival and Event approval process;
2. May require the approval of outside agencies such as the Alcohol and Gaming Commission of Ontario (AGCO), Haldimand-Norfolk Health Unit, Haldimand County OPP, etc.; and
3. May incorporate, activities not normally expected with the use of County property that may require risk mitigation such as alcohol consumption, carnivals, tents, fireworks, etc.;

2.9  “Foul” / “Fouled” / “Fouling” includes but is not limited to permitting, pushing, throwing, spilling, placing, tracking, driving, causing or depositing on a Highway:

1. of chemicals or substances as a result of car maintenance activities, car rust prevention measures or rust protecting substances including substances from Vehicles;
2. of snow or ice;
3. any Debris;
4. an encumbrance or damage a Highway by animals, Motor Vehicles or other means;
5. an obstruction of a drain, gutter or water;
6. water to drain from a commercial carwash;
7. a plank or other material in or over any gutter or ditch for the purposes of making a crossing for 1 period of not more than 24 hours;
8. the burning anything, digging of holes or destroying the Roadway;
9. damage a newly constructed Sidewalk or pavement before it has been opened for use by the public;
10. of any Debris, except for the purpose of having it immediately delivered upon adjacent premises;
11. a cord(s) of wood or firewood or topsoil except for the purpose of having it immediately delivered upon adjacent premises, and immediately removed to the premises adjacent thereto;
12. any merchandise or articles of any kind, from an adjacent business;
13. a Sidewalk sale;
14. a Motor Vehicle equipped with cleats, flanges, or tracks on its wheels, or rollers, or any of them;
15. the removal of a barricade or notice or enter upon or use a Highway temporarily closed under the provisions of this or any County by-law;
16. the removal or move a barricade, sign or light placed around any excavation in a Highway.

2.10  “General Manager” means the General Manager of Public Works Operations or their delegate;

2.11  “Headwall” means a structural retaining wall built at a 45 degree angle or greater, typically constructed of concrete, masonry, stone, or other approved material, located at the inlet or outlet of a culvert, entrance, or drainage structure;

2.12  “Highway” means a common and public highway and includes one or both of the following:

1. any street, road, avenue, parkway, lane, driveway, boulevard, sidewalk, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles or persons, or
2. the area between the lateral property lines of any highway or Road Allowance including any curbs, gutters, boulevards, culverts, ditches and retaining wall;

2.13  “Municipal Act” means the Municipal Act, 2001, S.O. 2001, c. 25 and all future amendments of the Municipal Act, 2001;

2.14  “Municipal By-law Enforcement Officer” means a Person or Persons duly appointed by the Council of the Corporation of Haldimand County to enforce the provisions of this by-law, and includes any Police Officer appointed pursuant to the Community Safety and Policing Act, 2019;

2.15  “Officer” means a Municipal Law Enforcement Officer appointed by Council, whose duties include the enforcement of Haldimand County by-laws, and a Police Officer;

2.16  “Owner” includes;

1. the Person for the time being managing or receiving the rent of the land or premises in connection with which the word is used, whether on the Person’s own account or as agent or trustee of any other Person, or who would receive the rent if the land and premises were let; and
2. a lessee or occupier of the Property who, under the terms of a lease, is required to repair and maintain the Property in accordance with the standards for the maintenance and occupancy of the Property;

2.17  “Order” means a formal directive issued by a court, tribunal, or other legal authority, requiring a party to take specific action or actions or to refrain from certain activities. Orders are enforceable by law, and failure to comply with them may result in legal consequences, including such as but not limited to fines or other sanctions;

2.18  “Person” means any individual, firm, corporation, association, partnership or other legal entity, including their agents, heirs, executors, assigns, or representatives whether formally or informally organized, lawful or unlawful, engaging in activities to which this by-law may apply;

2.19  “Personal Property” means moveable Property; belongings exclusive of land and buildings;

2.20  "Pop-up retail display and vending" means the temporary display or vending of goods for sale by a retail establishment within the abutting right of way;

2.21  “Property” means a building or structure (or part there-of), and includes the lands and premises appurtenant thereto within the parcel boundaries, and all mobile structures, mobile buildings, mobile homes, outbuildings, fences, retaining walls, and erections thereon, whether heretofore erected on the lands, and also includes vacant property, which is capable of legal transfer;

2.22  “Recyclable Materials” means blue box materials as defined in the Resource Recovery and Circular Economy Act, 2016 and the associated regulations, including but not limited to designated paper products, packaging, and packaging-like materials;

2.23  “Right of way” means a legal right granted to a Person allowing the right to pass through or access to;

2.24  “Roadway” means the part of the Highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the Shoulder, and, where a highway includes two or more separate Roadways, the term “Roadway” refers to any one Roadway separately and not to al of the Roadways collectively;

2.25  “Road Allowance” refer to allowances originally laid out for roads by a Crown surveyor, including both road allowances shown on an original township survey and road allowances shown along the water in a plan of subdivision;

2.26  “Rural” means any location not within the urban areas, hamlet areas and designated resort residential zones as designated in the area Official Plans;

2.27  “Shoulder” means the portion of a highway that provides lateral support to the Roadway and that may accommodate stopped Motor Vehicles and Emergency use;

2.28  "Sidewalk" means the part of the highway specifically set aside or commonly understood to be for pedestrian use, typically consisting of a paved surface but does not include crosswalks, medians, Boulevards, Shoulders or any part of the Sidewalk where cleared snow has been deposited;

2.29  “Sight Line” a hypothetical line from someone’s eye to what is seen;

2.30  “Trailer” means a Vehicle that is at any time drawn upon a highway by a Motor Vehicle, except an implement of husbandry, a mobile home, another Motor Vehicle or any device or apparatus not designed to transport Persons or Property, temporarily drawn, propelled or moved upon such highway, and except a side car attached to a motorcycle, and shall be considered a separate Vehicle and not part of the Motor Vehicle by which it is drawn;

2.31  “Unlawful” means not conforming to, permitted by, or recognized by law or rules;

2.32  "Vehicle" means a vehicle as defined under the Highway Traffic Act.

Interpretation

3.  Headings are for reference purposes and shall not affect in any way the meaning or interpretation of the provisions of this by-law.

4.  In this by-law, a word interpreted in the singular number has a corresponding meaning when used in the plural.

General Prohibitions

5.  Unless otherwise exempted pursuant to Section 25 and 26, no Person shall Foul a Highway.

6.  Where a barricade or sign has been erected, no Person shall enter upon or use a Highway so temporarily closed.

7.  Where signs or traffic control devices have been posted or placed, no Person shall drive or operate a Vehicle on the closed Highway.

8.  Unless otherwise exempted pursuant to Section 25 and 26 no Person shall on a Highway place, permit, erect, cause or store:

1. a garbage dumpster;
2. a storage unit;
3. overland piping for the purposes of irrigation or substance removal on or along any Highway or watercourse under the control of the County within or adjacent to a Highway;
4. an obstruction or alteration of a drain, culvert, ditch, gutter or water course;
5. curbing, headwalls, landscaping, rocks, stairs, walkways, fencing or ornamental material.

9.  Unless otherwise exempted pursuant to Section 25 and 26, no Person shall put down, destroy, deface or in any way interfere with any County infrastructure, including but not limited to, any post, surveyors mark, bench mark, traffic sign, Highway name sign, sign board, regulatory sign, traffic signal, traffic cone, or any other traffic control device affixed or placed on a Highway.

10.  Unless otherwise exempted pursuant to Section 25 and 26, no Person shall erect or place private driveway lighting, address/name posts, or reflectors on a Highway without permission of the General Manager. The General Manager may require the Owner to remove any Personal Property. Failure to comply with this request may result in the General Manager to remove, relocate and /or dispose of any Personal Property and no Person shall have a claim for compensation from the County.

11.  No Person hauling or picking-up, Debris on a Highway shall so load their Vehicle or drive the same as to permit or cause the contents thereof to fall, spill or be deposited on a Highway.

12.  No Person shall cause or permit water to be drained or directed into a County Road Allowance ditch from an abutting property.

1. Subsection 12. above, does not apply to surface water which naturally accumulates on a property and by the natural grade passes into the County Road Allowance ditch.

13.  No Person shall throw, pile or store or place Personal Property on a Highway except as permitted by Haldimand County By-law: Curbside Collection, or any other Haldimand County by-law.

14.  No Person shall excavate or cause an excavation on a County Highway without an entrance, excavation or occupation permit.

15.  No person shall cause, permit, or allow an encroachment on, under or over a Highway, unless authorized by the General Manager or through an Encroachment Agreement approved by Council.

16.  No Person, other than a person operating a Collection Vehicle, shall pick over, scavenge, interfere with, disturb, remove, or scatter any Recyclable Materials whether in a receptacle or otherwise placed out for Curbside Collection.

17.  No Person shall collect waste, organic and/or Recyclable Materials from the curbside of a Highway under the jurisdiction of the County between the hours of 7:00 p.m. of one day to 7:00 a.m. of the next day.

18.  No person collecting waste, organic and/or Recyclable Materials shall place the emptied container on the travelled portion of the Highway or Sidewalk.

19.  No person shall conduct or hold a Festival or Event on a Highway, under the jurisdiction of County, without first having obtained a County Festival or Event Permit and obtain written authorization from the General Manager to temporarily close any Highway or portion of a Highway for any period during the Festival or Event.

20.  No person shall participate in a Festival or Event on a Highway, under the jurisdiction of Haldimand County, unless a Festival or Event Permit has been granted.

Temporary Closure of a Highway

21.  The General Manager may temporarily close any Highway or portion of a Highway for any period during the construction, repairing, improvement or maintenance of such Highway or portion thereof or any works under, over, along, across or upon such Highway or portion thereof.

22.  The General Manager may temporarily close any Highway or portion of a Highway for such social, recreational, community, athletic, Festival or Event or cinematographic purposes, or combination of such purposes, subject to such conditions as may be imposed.

23.  The General Manager, Officer or Fire Chief may temporarily close any Highway or portion of a Highway for any period due to Emergency situations arising from inclement weather, Motor Vehicle accidents, fire, or other situations when a Police or Ministry of Ontario Order is issued or the General Manager declares a public safety concern to close the Highway or portion thereof.

24.  The General Manager may temporarily close any Highway by reason of any work or improvement being carried out thereon or by reason of the condition thereof and the General Manager may cause to be erected or kept thereon, any barricade or post a sign warning the public that the Highway is closed to traffic and/or pedestrians.

Exemptions

25.  This by-law does not apply to the County, a Contractor working on behalf of the County or any Persons working at the direction of a County employee or Officer.

26.  The General Manager, is authorized to, subject to any conditions and in adhering to County polices:

1. exempt a Person from a use otherwise prohibited in this by-law provided that:

1. 1. the Person requesting the exemption is granted such exemption prior to violating this by-law; and
   2. the use is only for the specific period of time as determined by the General Manager; and
   3. the exemption has been granted in writing and can be produced, immediately upon the request of an Officer; and
   4. the Person complies to all conditions applicable to any written exemption as the General Manager or their delegate determines necessary for the public safety of Person(s) on or near the Highway.

Enforcement

27.  This by-law shall be enforced by Officer’s.

28.  For the purpose of ensuring compliance with this by-law, an Officer may at all reasonable times, enter upon and inspect the Boulevard, any land or Property to determine whether or not the following are being complied with:

1. this by-law;
2. a direction or Order made under this by-law; or c) a prohibition order made under Section 431 of the Municipal Act, 8. An Officer may for the purposes of the inspection under Section 7:

1. 1. require information in writing or otherwise as required by the Officer from any Person concerning a matter related to the inspection; or
   2. alone or in conjunction with a Person possessing special or expert knowledge, undertake an inspection to determine compliance with this by-law.

29.  An Officer may make an Order, sent or served by prepaid regular mail to the last known address, posted on-site or delivered to a Person requiring the Person who contravened the by-law, within the time specified in the Order to:

1. discontinue the contravening activity; and/or
2. do work to correct the contravention.

30.  If an Order under Section 26 is served by regular mail, the service shall be deemed to have been made on the fifth (5th) day after the day of mailing.

31.  An Order may be served on a Person by handing it to the Person, but where the Order cannot be given or served by reason of the Person’s absence from their Property or by reason of evasion of service, the Order may be given or served:

1. by handing it to another Person who appears to be over the age of 16 on the Property;
2. by posting it in a conspicuous place upon some part of the Property and by sending a copy by regular mail;
3. by sending it by prepaid registered mail to the Owner at the address where he/she resides; or
4. by sending it electronically to an email address that the Person to whom the Order is directed has provided for the purpose of receiving electronic documents or at which the Person is known to receive email communications.

32.  If an Order under Section 26 is served by registered mail, the service shall be deemed to have been made on the fifth (5th) day after the day of mailing.

33.  An Order under Section 26 shall set out:

1. reasonable particulars of the contravention adequate to identify the contravention and the location where the contravention occurred;
2. the work to be completed; and
3. the date(s) by which the work must be complete.

34.  Where the Owner fails to comply with an Order issued under this by-law within the time specified for compliance, an Officer with such assistance by others, as may be required, may bring the Highway into compliance with any section of this by-law by:

1. undertaking the work to remove the contravention caused, permitted, directed, allowed or placed by the Owner of Property adjacent to a Highway where the contravention occurred.

35.  An Officer is authorized to give immediate effect to any order issued under Section 23 that has not been complied with by the Owner, under the provisions of the Haldimand County Procurement Policy.

36.  Where any of the materials or things are removed in accordance with Section 31 the materials or things may be immediately disposed of by the Officer, and any recovered salvage value or other actual recovery of money made upon such disposal shall be credited first against costs.

37.  Where an Officer or County employee so authorized by the Manager, Building Controls and By-law Enforcement or General Manager or their designate, determines that on the Highway there is anything that is protruding, sharp, dangerous or anything that would obstruct or impair the vision of a Vehicle operator, the Officer or County employee so authorized may take immediate steps, without issuing an order, to do the work necessary and bring the Highway into compliance with this by-law by immediately removing the danger or obstruction.

Impounding of Objects on Highway

38.  Pursuant to Section 63 of the Municipal Act, any object on a Highway in contravention of this by-law may be removed, impounded, restrained or immobilized and subsection 170 (15) of the Highway Traffic Act applies, and the County may, at any reasonable time, enter upon land near a Highway for this purpose. Pursuant to subsection 63(4) of the Municipal Act, if the removed Personal Property or Vehicle, other than a Motor Vehicle, is used to sell anything on or near a Highway and the Personal Property or Vehicle is not claimed by the Owner within 60 days after its removal, it becomes the Property of the municipality and may be sold and the proceeds shall form part of the general funds of the municipality.

Recovery of Costs

39.  Where the County, its employees or authorized agents or contractors have performed the work detailed in an Order pursuant to Section 35 and required to bring the Highway into compliance with this by-law, all expenses incurred by the County in doing the work as well as any related fees, shall be deemed to be a debt to the County and may be collected by action or the costs may be added to the tax roll for the Property and collected in the same manner as municipal taxes.

Obstruction

40.  No Person shall or attempt to hinder or obstruct an Officer in carrying out duties as described under this by-law.

Penalties

41.  Every Person who contravenes any of the provisions of this by-law and, if the Person is a corporation, every director or Officer of the corporation who knowingly concurs in the contravention is guilty of an offence and on conviction is liable:

1. On a first conviction, to a fine of not more than $10,000; and
2. On a subsequent conviction, to a fine of not more than $10,000 for each day, or part thereof, upon which the contravention has continued after the day on which the Person was first convicted.

42.  Notwithstanding Section 38 above, where the Person convicted is a Corporation, the maximum penalty that may be imposed is:

1. On a first conviction, a fine of not more than $50,000;
2. On a subsequent conviction, to a fine of not more than $25,000 for each day, or part thereof, upon which the contravention has continued after the day on which the Person was first convicted, and not as provided in subsection (a);
3. For the purposes of establishing set fines, every Person who contravenes any provision of this by-law is guilty of an offence and is subject to a fine pursuant to the provisions of the Provincial Offences Act, R.S.O., 1990, c. P.33, as amended, or any other applicable legislation or successor thereto.

43.  Every Person who contravenes any provision of this by-law is guilty of an offence, and upon conviction is liable to a fine, and such other penalties, as provided for pursuant to Part I and Part III under the Provincial Offences Act and this by-law.

Severability

44.  Where a Court of competent jurisdiction declares any section or part of a section of this by-law invalid, the remainder of this by-law shall continue in force unless the Court makes an order to the contrary.

Repeal Enactment

45.  The Corporation of the Town of Haldimand By-law 359/82, The Town of Dunnville By-law 13/83 and all other by-laws and parts of by-laws that are inconsistent with the provisions of this by-law are hereby repealed.