Snow Clearing

Snow Removal Regulations

4.0 Snow Clearing Period

The first (1^st) day of December in each year to the thirtieth (30^th) day of April in any succeeding year, both day inclusive. The Town of Lewisporte shall not be responsible to snow clear a street that is not within municipal boundary or not owned by the Town of Lewisporte

5.0 Parking

a) During the snow clearing period, no person shall park an unattended vehicle upon any street within the Town between the hours of 12:00a.m. (midnight) and 8:00a.m.

b) At any time during a snow storm, and for the twelve (12) hours thereafter, no person shall park an unattended vehicle on any street within the Town of Lewisporte in such a way as to interfere with, hinder or obstruct snow clearing operations.

c) Any unattended vehicle interfering, hindering or obstructing snow clearing operations withing the Town of Lewisporte may be removed and impounded by the Council, and the cost of such removal and impounding shall be recovered from the owner as a civil debt.

d) Any unattended vehicle obscuring or interfering with snow clearing operations around fire hydrants within the Town of Lewisporte may be removed and impounded by Council, and the cost of such removal and impounding shall be recovered from the owner as civil debt.

6.0 Depositing of Snow

a) No person shall shovel, plow, cause to be shoveled or plowed, any snow unto a street or sidewalk within the Town of Lewisporte.

b) No person engaged in removing snow or ice from a property shall do so in a manner that obstructs traffic on a Town Street.

c) No person shall remove snow from a property and place it against or around a fire hydrant/s.

7.0 Penalties

a) Any person who violates section 5 (a) & (b) shall be guilty of an offence and shall be liable on summary conviction to a penalty of not less than $50 and not more than $200 or in default of payment of such penalty to imprisonment for a term not exceeding thirty (30) days.

b) Any person who violates Section 5 (a), (b) & (C) of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a penalty of not less than $100 and not more than $500 or in default of payment of such penalty to imprisonment for a term not exceeding thirty (30) days.

c) Any person who violates Section 5 (d) and neglects to pay the cost of such work within ten (10) days after invoicing, Council may recover these cost from the owner by action as a civil debt.

d) Any person who violates Section 5 and/or Section 6 shall receive a letter from the Town of Lewisporte informing they are not compliance with the Town Regulations and outlining the action that will be taken should the violation continue, a picture of this act will be taken and placed on file at the Town Office. Town employees will remove the obstruction such that the problem is corrected. The person(s) causing the problem will then be billed for the work provided by the Town at a base rate of $100 per hour billed in half hour increments. A minimum charge of $100 will be levied. If this is not paid, it will become a debt accruing interest after thirty (30) days and then collected as per our collection policy.

e) Any person who violates Section 6 (a), (b) or (c) of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a penalty of not less than $100 and not more than $500 or in default of payment of such penalty to imprisonment for a term not exceeding thirty (30) days.

8.0 Prosecution

Prosecution under these Regulation may be taken summarily by a Municipal Enforcement Officer, RCMP or a person authorized by Council.

a) Pursuant to Section 420 of the Municipalities Act, any person who is guilty of an offence against these Regulations or who acts in contravention of or fails to comply with any provisions thereof or neglects or refuse to do so shall be liable on summary conviction.

b) For first-time offence to a fine of not less than $100 and not more than $500 or to a term of imprisonment of not more than one (1) month or to both the fine and imprisonment.

c) For subsequent offence to a fine of not less than $500 and not more than $1000 or to a term of imprisonment or not more than three (3) months or to both the fine and imprisonment.

Snow Clearing Damage Policy

Damage must be due to actual physical contact of snow clearing equipment.
Damage must be located more than 3.048 meters (10.0 feet) from the road curb where a sidewalk is present, or 1.524 meters (5.0 feet) from the road curb without a sidewalk, or 1.524 meters (5.0 feet) from the edge of the asphalt where no curb is present.
Markers must have been in place clearly indicating the corners of the property in question.
The Town shall not be liable for any damages for the repair of any fence whatsoever where the Town, its employees or agents or otherwise have acted without negligence. In particular, the Town shall not be liable for any damages or repairs of any fence
whatsoever during normal operation of snow clearing on streets or sidewalks located within the Municipal Planning Area.
When in the opinion of the Town, a fence creates a safety hazard or obstruction or impeded snow-clearing due to its location, height or construction material, the Town may issue an order to the property owner stating that the fence or portions thereof be removed, reconstructed or repaired within a specific time in order to correct the safety hazard or obstruction, and the cost to remove, construct or repair said fence or part thereof will be at the owner’s expense. In the event that the property owner does not remove the fence within the specified period of time as ordered, the Town may remove the fence and the cost to remove, reconstruct or repair said fence will be at the owner’s
expense.

Procedures: Claims for winter damages will be accepted up until May 15th each year, applications must be made in writing and should be directed to the Superintendent of Public Works or designate.

P.O. Box 219
Lewisporte, NL A0G 3A0
Phone (709) 535-2737
Fax (709) 535-2695
Website: www.www.lewisporte.ca

6. Where Town equipment caused damage to an individual’s grass during snow clearing operations, the Town shall only be liable to compensate the individual where;

(a) The grass is eroded by more than 3 meters (9.8′) in length; or
(b) The total depth of damage to the grass is greater than 0.3048 meters (1.0′).

7. An individual claiming damages as per subsection 6 must complete a Snow Clearing Damages or Grass Replacement Claim in a form prescribed by the Town Manager and submit it to the Town no later than May 31st of the year in which the damage occurred. Notwithstanding any other provision in this policy, under no circumstances shall the Town assume liability for damages arising from claims submitted after May 31st in the calendar year during which the damage occurred. Incomplete Snow Clearing Damages or Grass Replacement Claim Forms shall not be accepted.

8. When the Town receives a Snow Clearing Damages or Grass Replacement Claim as per subsection 7, the following administrative procedure shall apply:

(a) Thttp://www.lewisportecanada.com/FileManager/PolicesAndRegulations/Docs/Damage%20Claim%20Form.pdfhe Public Works Supervisor is immediately notified.
(b) The Public Works Supervisor completes an investigation and submits a report to the
Town Clerk.
(c) The Town Clerk places the matter on the nearest agenda of the Public Works
Committee.
(d) The matter is considered by Council.
(e) The Town Clerk notifies the individual of Council’s decision.