89-36
COUNTY OF ELGIN
By-La\~ No. 89-36
"BEING A BY-LAW TO FACILITATE REPAIR OF HIGHWAYS AND BRIDGES UNDER
THE JURISDICTION OF THE CORPORATION OF THE COUNTY OF ELGIN."
WHEREAS Section 315 of The Municipal Act, R.S.O. 1980,
c. 320 and amendments thereto empowers Councils of all Municipal-
ities to pass by-laws prohibiting or regulating certain activities
on highways or bridges.
NOW THEREFORE the Municipal Council of the Corporation
of the County of Elgin enacts as follows:
1. In this By-Law, the word "Highwayll means a common and
public highway and includes a street and bridge forming part of a
highway or lands on, over or across which a highway passes and
means all that part of any road allowance, including both the
travelled portion and the untravelled portion, vested in the
Corporation of the County of Elgin.
2. No person shall obstruct, encumber, injure or foul any
highway or bridge vested in the Corporation of the County of
Elgin, provided however, that a person may maintain a mailbox for
rural postal delivery on the untravelled portion of the road
allowance adjacent to his own property so long as the supporting
structure for such mailbox is composed entirely of wood of a size
not greater than six (6 ) inches in diameter, and so long as such
mailbox, and the supporting structure, does not obstruct or
interfere with public travel on the travelled portion of the road
allowance.
3 . No person shall throw, place or deposit dirt, filth,
glass, handbills, paper or other rubbish or refuse, or the
carcass of any animal on any highway or bridge vested in the
Corporation of the County of Elgin.
4. No person shall obstruct any ditch or culvert upon a
highway.
5 . No person shall build or maintain a fence on any
highway or place or deposit firewood or any other thing on any
highway or bridge or to obstruct or interfere with public travel
on any highway or bridge.
6. No person shall place any sign on any highway other
than those authorized by the Council of the County of Elgin.
7 . The Corporation of the County of Elgin may require
doorsteps, porches or other erections or things projecting into
or over any highway to be removed by the owner or occupant of the
land in connection with which they exist by giving to the said
owner or occupant of the land reasonable notice to remove such
obstruction or encumbrance.
8. If, after the reasonable period of time given to the
owner or occupant of the land by the Corporation of the County of
Elgin in accordance with Parðgraph 7 of this By-Law has expired
and the owner or occupant of t,he land has not removed-the
obstruction or encumbrance, the Corporation of the County of
Elgin may proceed to remove the obstruction or encumbrance and
may recover its costs incurred in removing the obstruction or
encumbrance by bringing Civil Action against the owner or occu-
pant of the land
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9. Every person who contravenes any provision of this By-
Law shall upon conviction be liable to payment of a fine of not
more than $1,000.00, exclusive of costs, for each such offence,
and every such penalty shall be recoverable under the provisions
of the Provincial Offences Act, R.S.O. 1980, Chapter 400, as
amended from time to time. This provision shall not in any way
modify, affect or derogate from any other remedy available to the
Corporation of the County of Elgin with respect to such contra-
vention.
READ a first time this 19th day of July, 1989.
READ a second time this 19th day of July, 1989.
READ a third time and finally passed this 19th day of July, 1989
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G. C. Leverton A. K. Ford
Clerk. Warden
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