Being a by-law to authorize seasonal closure of specified sidewalks, being part of a highway under O. Reg 239/02, Minimum Maintenance Standards for Municipal Highways, on a seasonal basis.
Whereas the Municipal Act, 2001, c. 25 S. 5 (1) provides that the powers of a municipal corporation are to be exercised by its council;
And whereas the Municipal Act, 2001, c. 25 S. 5 (3) provides that the powers of every council are to be exercised by by-law;
And whereas the Municipal Act, 2001, c. 25 S. 34 authorizes a municipality to pass a by-law to permanently close a highway or part of a highway;
And whereas O. Reg. 239/02 defines a “sidewalk” as the part of the highway specifically set aside or commonly understood to be for pedestrian use, typically consisting of a paved surface but does not include crosswalks, medians, boulevards, shoulders or any part of the sidewalk where cleared snow has been deposited;
And whereas O. Reg. 239/02 states that when a municipality closes a highway or part of a highway pursuant to its powers under the Act, the highway is deemed to be in a state of repair in respect of all conditions described in O. Reg. 239/02 from the time of the closure until the highway is re-opened by the municipality.
And whereas pursuant to the Township’s Winter Maintenance Level of Service Policy, notice of seasonal sidewalk closure has been conducted via approved municipal communication methods;
And whereas Council deems it expedient to authorize the seasonal closure of specified sidewalks.
Now therefore Council of the Township of South Stormont enacts as follows:
