HomeMy WebLinkAboutBy-law 1365/81THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1365/81
Being a By-Law respecting the obstruction
of drains and watercourses
WHEREAS, pursuant to the provisions of section 208.16 of the Municipal
Act, R.S.O. 1980, chapter 302, by-laws may be passed by the Councils of
all municipalities for prohibiting the obstruction of any drain or
watercourse and for requiring the person causing the obstruction to
remove it; and
WHEREAS, pursuant to the provisions of section 210.74 of the said Act,
by-laws may be passed by the councils of local municipalities for
requiring the repairing of private drains; and
WHEREAS, pursuant to the provisions of section 325 of the said Act,
where a council has the authority to direct or require that any matter
or thing be done, the council may direct that, in default of its being
done by the person directed or required to do it, it shall be done at
his expense;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering
HEREBY ENACTS AS FOLLOWS:
1. In this by-law, the term,
(a) "drain" means any work or part thereof, constructed by any
person pursuant to a drainage plan for any required grading
of lands and construction of works for the purpose of removal
of storm water, including ground, surface and roof-cooling
waters, and natural precipitation; and includes a depression,
swale, ditch, improved watercourse, open channel or pond;
(b) "maintain" means to keep a drain in a condition similar to
that required pursuant to the drainage plan under which it
was constructed and includes the clearing and removal of
obstructions of any kind whatsoever located or found in a
drain;
(c) "obstruct" means to place or deposit, or allow to be placed
or placed or deposited, any material or thing of any kind
whatsoever in, upon or across any drain or watercourse having
the effect of impeding or preventing the efficient flow of
water therein or therefrom, and "obstruction" has a cor-
responding meaning;
(d) "private drain" means any drain, or part thereof, located
upon lands not owned by Her Majesty the Queen in right of
Canada or Ontario, the Regional Municipality of Durham, or
the Town, or any agency or commission of any of them, and for
which Her Majesty the Queen in right of Canada or Ontario,
the Regional Municipality of Durham, or the Town, does not
have a maintenance easement;
(e) "repair" means to restore a drain to a condition similar to
that required pursuant to the drainage plan under which it
was constructed;
(f) "watercourse" means a naturally occurring stream of water,
and includes a river, brook, stream and creek.
2. No person shall obstruct or allow, cause or permit to be obstruc-
ted, any drain or watercourse, or any part or parts thereof,
within the boundaries of the Town of Pickering.
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3. (1) Every owner of land upon which a private drain, or any part
thereof, is located, shall repair and maintain that drain, or
part thereof, located upon the land owned by him.
(2) Should an owner of land default in carrying out the obliga-
tions imposed under subsection (1), above, the provisions of
section 325 of the Municipal Act, R.S.O. 1980, chapter 302,
shall be applicable, and the Council of the Corporation of
the Town of Pickering may direct, by by-law, that required
maintenance or repair be performed at the owner's expense.
4. Every person who contravenes any provision of this by-law is
guilty of an offence, and on conviction thereof, is liable to a
fine of not more than $2,000.00, exclusive of costs.
5. By-Law 3820/70 is hereby repealed.
BY-LAW read a first, second and third time and finally passed this
21st day of September , 1981.
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