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HomeMy WebLinkAboutBy-law No. 2016-059 - Amend c820 - Construction VehiclesBY -LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER OC_�9 (Being a by -law to amend Chapter 820 of The City of Kitchener Municipal Code with respect to Construction Vehicles.) WHEREAS it is deemed expedient to amend Chapter 820 of The City of Kitchener Municipal Code; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. The title of this Chapter is hereby deleted and the following is substituted therefor: "Chapter 820 Vehicles Tracking or Spilling Soil onto Public Streets and Construction Vehicles" 2. Article 1 is hereby deleted in its entirety and the following is substituted therefor: "820.1.1 "construction vehicle" means a vehicle delivering materials to or removing materials from lands on which any building is being erected, altered, repaired or demolished. "construction site" means lands on which any building is being erected, altered, repaired, or demolished. "corporation" shall mean The Corporation of the City of Kitchener. "corporation's property" means the lands of the corporation abutting lands on which any building is being erected, altered, repaired, or demolished. "public street(s)" shall include any highway as defined by the Highway Traffic Act, R.S.O, 1990, c. H.8, that is within the City of Kitchener. "soil" shall include any material commonly known as earth, dirt, topsoil, loam, subsoil, clay, sand, or gravel and any materials commonly used for landscaping or gardening purposes. 2 "services" includes sidewalks, curbing, paved boulevards, water service box, and other services on the corporation's property." 3. Article 2 is hereby amended by adding the following sections thereto: "820.2.4 Every owner and every occupant of a property shall ensure that any vehicle carrying soil to or from that property does so in a manner that prevents such material from being spilled or tracked onto any public street by the vehicle. 820.2.5 Every owner and every driver of a vehicle shall ensure that if the vehicle is being used to carry soil to or from a property, it does so in a manner that prevents such material from being spilled or tracked onto any public street by the vehicle. f Every owner and every occupant of a property shall ensure that vehicles leaving the property do not track excessive quantities of soil from that property onto public streets. 820.2.7 Every owner and driver of a vehicle shall ensure that the vehicle does not track excessive amounts of soil onto public streets from abutting property." 4. Article 3 is hereby amended by adding the following sections thereto: "820.3.6 Where soil is carried to or from a property and is spilled or tracked onto any public street, every owner of the property shall be responsible for the cost of cleaning the public street unless the owner(s) of the property can show that the material was carried to or from the property without consent of either an owner or an occupant of the property. 820.3.7 Where an excessive amount of soil is tracked by a vehicle from a property onto a public street, every owner of the property shall be responsible for the cost of cleaning the public street. 3 II The charge for cleaning a public street pursuant to section 820.3.6 or section 820.3.7 shall be as determined by Council from time to time." 5. Article 4 is hereby amended by deleting sections 820,4.1 and 820.4.2 in their entirety and replacing them with the following: "820.4A Upon default of property owner(s) to pay any deficit or charge required by this Chapter, the amount shall be added to the tax roll for the property and collected in the same manner as municipal taxes. Every person who contravenes any provision of this Chapter shall be guilty of an offence and is liable upon conviction to a fine not exceeding Five Thousand Dollars ($5,000) exclusive of costs, for each offence, recoverable under the Provincial Offences Act, R.S.O. 1990, c. P.33." PASSED at the Council Chambers in the City of Kitchener this day of 11-101 1 A. D. 2016. Mayor Iloo, City Clerk