Boulevard Encroachment By-law No. 2023-026

This by-law shall be known as the “Encroachment Permit By-law”.

The Clerk and Deputy Clerk of the Town are hereby delegated by Council the following powers or duties:

1. to administer and review all applications for an encroachment of any nature or kind onto Town-owned property, including but not limited to highways over which the Town has jurisdiction (an “Encroachment”) within the Downtown that is specific to the allowance of a patio or objects being placed on or over the highway;
2. to implement standards to be applied to Encroachments that can be amended by the Clerk as deemed necessary;
3. to approve, approve with conditions, or refuse a permit for an Encroachment;
4. if approving, or approving with conditions, an Encroachment, to issue a permit in relation to same;
5. to refuse to issue a permit for an Encroachment, or to impose any condition of approval for a permit for an Encroachment:
   • to ensure the health, safety and well-being of persons;
   • to promote the economic, social or environmental well-being of the Town; or,
   • if the property on which an Encroachment is situated is otherwise needed or required by the Town.
6. to prescribe all required application or other forms, and to prescribe all information required to be submitted, in order to apply for and obtain a permit for an Encroachment;
7. to prescribe standard acknowledgments, terms and conditions that shall be required in order to obtain a permit for an Encroachment, such as:
   • agreeing to comply with all federal or provincial laws, regulations, orders, guidelines and policies as well as all municipal by-laws;
   • obtaining and maintaining prescribed insurance coverage; and,
   • executing a prescribed release and indemnification agreement with the Town;
8. to, at any time, suspend or revoke a permit for an Encroachment, and to provide the permit-holder with written reasons for such suspension or revocation, should the permit-holder be found to have:
   • provided false or misleading information on their application for the permit;
   • not complied with any of the conditions of the permit;
   • not complied with any of the requirements of this by-law; or,
   • not complied with any of the standard terms or conditions or any other requirement prescribed by the Clerk or Deputy Clerk of the Town;
9. to, at any time, suspend a permit for an Encroachment for up to twenty-eight (28) days, and to provide the permit-holder with written reasons for such suspension, should the Town need the property on which the Encroachment is situated for:
   • the holding of a special event;
   • the construction, maintenance or repair of Town-owned property, including any infrastructure thereon, therein or thereunder;
   • the installation, maintenance or repair of a public utility or service; or,
   • pedestrian, vehicular or public safety or public health.
10. to collect any fees for a permit for an Encroachment, as may be set out in the Town’s Fees and Service Charges By-law;
11. to temporarily close a highway, or a portion thereof, over which the Town has jurisdiction, for a set period of time, in order to permit an Encroachment thereon, subject to:
    • ensuring the health, safety and well-being of persons;
    • providing reasonable notice of such temporary highway closure, as determined by the Clerk or Deputy Clerk, and in the manner and form determined by the Clerk or Deputy Clerk; and,
    • erecting the necessary signage to indicate that the highway has been temporarily closed, which may include erecting signage to indicate a detour route, if required by the Clerk or Deputy Clerk.
       

Unless otherwise revoked pursuant to the provisions of this by-law, all permits for an Encroachment issued by the Clerk or Deputy Clerk pursuant to the provisions of this by-law shall expire one (1) year after its issuance, or upon the repeal of this by-law, whichever occurs first.

1. At the suspension, revocation or expiration of a permit for an Encroachment, an Encroachment shall be immediately removed by the permit-holder, at the permit-holder’s sole cost and expense.
2. If the permit-holder does not immediately remove an Encroachment upon the suspension, revocation or expiration of a permit for an Encroachment, pursuant to section 446 of the Municipal Act, 2001, the Town may:
   • remove the Encroachment at the permit-holder’s sole cost and expense;
   • enter upon any Town-owned land on which an Encroachment is situated at any reasonable time to remove the Encroachment; and,
   • recover the costs of removing the Encroachment from the permit-holder by adding the costs to the tax roll and collecting them in the same manner as property taxes.

1. The Town may enter onto any Town-owned land on which an Encroachment is situated, at any reasonable time, for the purpose of carrying out an inspection to determine whether or not the following are being complied with:
   • this by-law;
   • a direction or order made under the Municipal Act, 2001 or this by-law; or,
   • a condition of a permit issued under this by-law.
2. No person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a power or performing a duty under this by-law.

A person who contravenes a provision of this by-law is guilty of an offence and, upon conviction, is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended.

Where a Court of competent jurisdiction declares any section or part of a section of this by-law to be invalid, or to be of no force or effect, it is the intention of the Council of the Town in enacting this by-law that the remainder of this by-law shall continue in force and be applied and enforced in accordance with its terms to the fullest extent possible according to law.

1. That By-law No. 2011-030, the Patio and Merchandise Encroachment By-law, and any amending by-laws, are hereby repealed.
2. That By-law No. 2020-040, the Temporary Encroachment Permit By-law, and any amending by-laws, are hereby repealed.

That this By-law shall come into full force and effect on the date of final passage hereof at which time all By-laws that are inconsistent with the provisions of this By-law and the same are hereby repealed insofar as it is necessary to give effect to the provisions of this By-law.

Enacted and passed this 20th day of March, 2023.