HomeMy WebLinkAboutBy-law No. 2016-059 - Amend c820 - Construction VehiclesBY -LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
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(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