Streets Bylaw

Whereas subsections 9(3) and 11(1) of the Municipal Act, 2001 authorize municipalities to enact bylaws with respect to their highways, including bylaws to regulate or prohibit respecting matters, to require persons to do things, to provide for a system of permits, and to impose conditions as a requirement of obtaining or continuing to hold a permit; and

Whereas subsection 434.1 (1) of the Municipal Act, 2001, provides that a municipality may require a person, subject to such conditions as the municipality considers appropriate, to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with a bylaw of the municipality under this Act;

Therefore the Council of The Corporation of the City of Kingston enacts as follows:

For the purposes of this Bylaw:

Adjoining owner means the person who is the registered owner of a property that adjoins a highway;

Administrative Penalty means an administrative penalty imposed pursuant to City of Kingston Bylaw Number 2020–69, being "A Bylaw to Establish a Process for Administrative Penalties";

Boulevard means that part of a highway, other than a sidewalk, that lies between the shoulder or curb and the boundary of the adjoining property;

City and City of Kingston mean The Corporation of the City of Kingston, as incorporated on January 1, 1998;

City Council means the Council of the City of Kingston;

Engineering Division means the Engineering Division, Department of Planning and Development Services or, in the event of organization changes, another unit designated by City Council to carry out the Division's responsibilities;

Highway means a common and public highway, and includes a street, lane and road allowance and any bridge, trestle, viaduct or structure that forms part of a highway and all lands between the lateral boundaries of a highway;

In-line skates means boots, to which a number of wheels have been affixed to the centre of the length of the sole in a single, straight line that are laced or secured onto a person's feet for the purpose of enhancing mobility by muscular power;

Manager of Engineering means the Manager, Engineering Division, Department of Planning and Development Services, his or her designate or, in the event of organizational changes, another employee designated by City Council;

Median means the portion of a highway that separates traffic travelling in one direction from traffic traveling in the opposite direction by means of a physical barrier or a paved or unpaved separation area that is not intended to allow crossing vehicular movement.

Motor vehicle includes an automobile, bus, truck, motorcycle, motor assisted bicycle and any other vehicle propelled or driven other than by muscular power, but does not include a traction engine, farm tractor, other farm vehicle, or machine used for road construction or maintenance;

Pedestrian includes an individual with a disability who is using a wheelchair or other remedial appliance or device, as well as an individual who is on foot;

Penalty Notice means a notice given pursuant to sections 2.2 and 2.4 of City of Kingston Bylaw Number 2020–69, being "A Bylaw to Establish a Process for Administrative Penalties";

Person includes a corporation and organization as well as an individual;

Pesticide includes a product, organism or substance that is a registered control product under the Pest Control Products Act (Canada), which is used as a means of directly or indirectly controlling, destroying, attracting or repelling a pest or for mitigating or preventing its injurious, noxious or troublesome effects, but does not include soap, mineral or horticultural oil, silicon dioxide (also called diatomaceous earth), Bt (Bacillus thuringiensis), nematodes and other biological control organisms, borax (also called boric acid or boracic acid), ferric phosphate, acetic acid, pyrethrum or pyrethrins, fatty acids, or sulphur;

Private entrance means an improved surface within a highway that is used by the owner or occupant of an adjoining property for vehicular entrance to and from that highway;

Public utility means a system that is used to provide a utility service to the public, and includes water, sewage, electricity, gas, telephone and communications services;

Public utility service vehicle means a vehicle operated by or on behalf of Utilities Kingston and its subsidiary companies or any other company or agency that supplies or manages a public utility within the City;

Roadway means the portion of a highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder;

Shoulder means that part of a highway immediately adjacent to the travelled portion that normally has a surface of asphalt, concrete or gravel;

Sidewalk means the portion of the boulevard of a highway that is set aside for the use of pedestrians;

Street has the same meaning as highway;

Vehicle includes a motor vehicle, trailer, traction engine, farm tractor, machine used for road construction or maintenance, bicycle, and any vehicle drawn, propelled or driven by any kind of power, including muscular power; and

Walkway means an improved public lane or footpath that provides pedestrian access between streets within residential neighbourhoods.

2.1 This bylaw applies to all highways that are under the jurisdiction or joint jurisdiction of the City of Kingston, and to all persons using those highways.

2.2 This bylaw does not apply to provincial highways or private roads.

3.1 The Manager of Engineering is responsible for the administration of this bylaw.

3.2 All provincial offences officers with authority to enforce the bylaws of the City are responsible for enforcing the provisions of this bylaw.

3.3 Where notice is to be given by the City under this bylaw, it will be given by personal notice or by prepaid registered mail.

General

4.1 No person shall dig up, cut or otherwise damage a highway remove any asphalt, concrete, gravel, grass, turf, sod, earth, or plant from a highway except in compliance with Bylaw 99-174, "A Bylaw to Establish Provisions For Right-Of-Way Within Any City Road Allowance or Public Place", or a successor that bylaw.

4.2 No person shall damage, destroy or, without lawful authority, any utility pole, light standard, hydrant or other object or that is located on a highway.

4.3 No person shall block or obstruct a highway by any means, obstruct or construct a drain, ditch, gutter or watercourse on highway.

4.4 No person shall deposit any leaves or brush on a highway except for the purpose of participating in any collection of yard waste that may be undertaken by the City.

4.5 No person shall deposit any sand, gravel, earth, stone, wood, coal or other material, substance or object on a highway.

4.6. No person shall deposit any glass, nails, tacks, scrap metal, handbills, notices, advertisements, litter, debris, rubbish, refuse or waste on a highway, except in receptacles provided for this purpose or in accordance with the applicable bylaw or bylaws regulating the collection, removal and disposal of waste.

Public Health and Safety

4.7 No person shall set fire to or burn any leaves, brush, wood, wood chips, wood shavings, paper, hay, straw, rubbish or other combustible material on a highway.

4.8 No person shall pollute or foul, or cause or permit the pollution or fouling of a highway by a vehicle, animal or any other means.

4.9 No person shall, either directly or indirectly, discharge or cause permit the discharge or deposit of any prohibited substance into land drainage works located on a highway in contravention of 3 of Bylaw Number 2000-263, "A Bylaw to Control Discharges to Municipal Sewers", or a successor to that bylaw.

4.10 No person shall use or cause or permit the use of pesticides on the boulevard or any other part of a highway, except in accordance with the policy developed by the City, which provides for pesticide use on lands owned by the City only as a last resort in situations where there is a threat to human or animal health or where the viability of trees, shrubs or other "natural infrastructure" is threatened.

4.11 The policy developed by the City with respect to the use of pesticides pertains only to the non-agricultural use of pesticides for cosmetic purposes and does not apply to the use of pesticides for agricultural purposes.

4.12 Deleted see Bylaw 2023-217

4.13 Deleted see Bylaw 2023-217

4.14 Deleted see Bylaw 2023-217

4.15 Deleted see Bylaw 2023-217

4.16 Deleted see Bylaw 2023-217

4.17 Every owner of an animal or other person who is in charge of an animal shall immediately remove any faeces left on a highway by that animal.

4.18 The Manager of Engineering may remove any material or object deposited by a person on a highway in contravention of this bylaw at the expense of that person.

4.19 No person shall climb any utility pole, light standard or tree or climb over any fence, barrier or other device that is located on a highway, other than an authorized person who is maintaining or repairing a public utility or responding to an emergency call.

4.20 No person shall fish or dive from a bridge that forms part of a highway or remain unnecessarily on such a bridge.

4.21 No person shall ride a bicycle on the roadway of a highway except in single file, with a secure hold on the handle bars and both feet on the pedals.

Temporarily Closed Highways

4.22 No person shall, without lawful authority, use a highway or portion of a highway that has been closed temporarily for a construction, repair or improvement project or for any other purpose.

4.23 No person shall, without the authorization of the Manager of Engineering, remove or deface any barricade, flashing light, warning device, detour sign or other device from a highway or portion of a highway that has been closed temporarily for a construction, repair or improvement project or for any other purpose.

Recreational Activities

4.24 No person shall ride rapidly down a slope or hill on a highway on a toboggan, sled, snowboard or other device.

4.25 No person shall skate or make or use any ice or snow slide on a highway.

4.26 Intentionally deleted

4.27 No person shall use roller skates or a skateboard on any portion of a highway other than on the sidewalk.

In-Line Skates

4.28 No person shall use in-line skates on a highway designated in Schedule B, except for the purpose of crossing such a highway at a designated crossing.

4.29 No person shall use in-line skates on the sidewalk of a highway.

4.30 Despite section 4.29, children ten years of age or less shall be permitted to use in-line skates on the sidewalk of a highway other than a highway designated in Schedule B.

4.31 No person shall use in-line skates while under the influence of alcohol.

4.32 No person using in-line skates shall operate any device at a sound level which impairs the person's ability to hear oncoming vehicles or other potential dangers.

4.33 Subject to section 4.28, every person using in-line skates shall:

1. come to a complete stop before entering a roadway;
2. operate with due care and attention to his or her own safety and the safety of others;
3. proceed in single file;
4. operate as closely as possible to the right-hand edge of the roadway in order to avoid undue interference with vehicular traffic, except where reasonably necessary to avoid unsafe conditions; and
5. cross a roadway at a right angle to the highway when making a left turn into an adjacent highway or property, in the same manner as a pedestrian.

Commercial Activities

4.34 No person shall give or hold an exhibition or performance of any type on a highway except in accordance with the provisions of Bylaw Number 2002-255, "A Bylaw to License, Regulate and Govern Certain Businesses" or a successor to that bylaw.

4.35 No person shall sell food or other goods on a highway except in accordance with the provisions of the following bylaws or successors to those bylaws:

1. Bylaw Number 2002-255, "A Bylaw to License, Regulate and Govern Certain Businesses";
2. Bylaw Number 87-136, "A Bylaw to Authorize the Adoption of Regulations Established for the Purpose of Dealing with Applications for the Extended Use of Sidewalks"; and
3. Bylaw Number 93-250, "A Bylaw to Authorize the Lease of City Streets for the Purpose of Operating Motorized Refreshment Vehicles, and to Authorize the Adoption of Guidelines for Dealing with Applications, and to Authorize

Boulevards and Medians

4.36 No person shall dig up, damage or destroy the sod or grass of a boulevard or median, or alter the surface of a boulevard or median in any way, except in compliance with Bylaw Number 99-174, "A Bylaw To Establish Provisions For Right-Of-Way Cuts Within Any City Road Allowance Or Public Place", or a successor to that bylaw.

4.37 Despite section 4.36, every adjoining owner of a commercial property may construct a private sidewalk between a building on the property and a public sidewalk, provided that the private sidewalk is constructed so as not to obstruct or pose a danger to the safety of persons using the public sidewalk or other parts of the highway, or to interfere with the activities or adversely affect the condition or operation of the equipment or facilities of the City, its agents or Utilities Kingston.

4.38 Despite section 4.36, every adjoining owner may improve and maintain the boulevard by planting grass, keeping the grass trimmed, removing noxious weeds, and keeping it in a safe condition, provided that the activities on the boulevard do not obstruct or pose a danger to the safety of persons using the boulevard or other parts of the highway, or interfere with the activities or adversely affect the condition or operation of the equipment or facilities of the City, its agents or Utilities Kingston.

4.39 No person other than the City or an agent of the City shall plant any tree, shrub or sapling on a boulevard or median.

4.40 No person shall, without legal authority, damage or destroy any tree, shrub or sapling that is located on a boulevard or median.

4.41 No person shall operate any motor vehicle, bicycle or other vehicle on a boulevard, except for the purpose of crossing a boulevard while using a private entrance.

4.42 Section 4.41 does not apply to a public utility service vehicle that is supplying, maintaining or repairing a public utility or responding to an emergency call.

Sidewalks

4.43 No person shall dig up, damage or destroy a sidewalk, or alter the surface of a sidewalk in any way, except in compliance with Bylaw Number 99-174, "A Bylaw To Establish Provisions For Right-Of-Way Cuts Within Any City Road Allowance Or Public Place", or a successor to that bylaw.

4.44 No person or group of persons shall obstruct a sidewalk in such a manner as to impede the free movement of pedestrians on that sidewalk or to pose a danger to the safety of other persons using the sidewalk or other parts of the highway.

4.45 No person shall operate any motor vehicle, bicycle or other vehicle on a sidewalk, except for the purpose of crossing a sidewalk while using a private entrance.

4.46 Section 4.45 does not apply to a person who is using a child's stroller, to a person with a disability who is using a wheelchair or other remedial appliance or device, or to a public utility service vehicle that is supplying, maintaining or repairing a public utility or responding to an emergency call.

4.47 No person shall lead, drive or ride a horse on a sidewalk.

4.48 No person shall print, draw or otherwise make any mark on a sidewalk.

Walkways

4.49 Sections 4.43 to 4.48 are applicable to the designated walkways described in Schedule C.

4.50 The regulations set out in sections 4.43 to 4.48 are not applicable to the designated walkways unless signs are in place in appropriate locations on these walkways to advise the public that the use of bicycles and other vehicles is prohibited.

Snow and Ice

4.51 No person shall deposit snow or ice on a roadway, regardless of whether it has been removed from an adjoining property, private entrance or sidewalk.

4.52 The owner or occupant of every building shall remove the snow and ice from the roof of that building:

1. whenever the snow and ice on the roof pose an immediate danger to the health or safety of any person using an adjoining highway; or
2. whenever the owner or occupant is requested to remove the snow and ice from the roof of the building by the City or the Kingston Police.

4.53 The owner or occupant of every commercial property in the designated Downtown Business Improvement Area (B.I.A.) which adjoins a sidewalk shall remove the snow and ice from that sidewalk as soon as is practicable but, in any event, not later than 12 hours after the end of the precipitation that caused the snow and ice.

4.54 The owner or occupant of every commercial property referred to in section 4.53 shall take such action as is necessary to prevent the adjoining sidewalk from becoming slippery or from remaining in a slippery condition.

Obstructions, Refuse and Debris

4.55 The owner, occupant or person in charge of every:

1. commercial property within the designated Downtown Business Improvement Area (B.I.A.) which adjoins a sidewalk;
2. building to which the public has access; and
3. place of worship,

shall keep the adjoining sidewalk free of all obstructions, refuse and debris, except in accordance with the applicable bylaw or bylaws regulating the collection, removal and disposal of waste.

Remedial Action by the City of Kingston

4.56 Every person who fails to comply with the requirements set out in sections 4.51 to 4.55 shall, by the date specified in the notice given by the City, take all necessary steps to comply.

4.57 If, in the case of sidewalk, a person who is given notice by the City under section 4.56 fails to do the necessary work by the date specified in the notice, the City may do the work at the expense of the adjoining owner by adding the costs incurred by the City in doing the work to the tax roll for that property and collecting them in the same manner as taxes.

4.58 If, in the case of an unoccupied building, a person who is given notice by the City under section 4.56 fails to remove the snow and ice from the roof of the building by the date specified in the notice, the City may do the work at the expense of the owner by adding the costs incurred by the City to the tax roll for that property and collecting them in the same manner as taxes.

Public Notice Boards

4.59 No unauthorized person shall paint or mark any utility pole, light standard, hydrant, tree or other object or structure that is located on a highway.

4.60 No person shall attach a poster, bill, advertisement, notice or other document to any utility pole, light standard, hydrant, tree or other object or structure that is located on a highway, except in accordance with section 4.61 and with the provisions of Bylaw Number 2002-255, "A Bylaw to License, Regulate and Govern Certain Businesses", or a successor to that bylaw.

4.61 A minimum of seven municipal public notice boards will be maintained within the City of Kingston and any person may attach a poster, bill, advertisement, notice, or other document to a municipal public notice board.

4.62 Not more than one copy of any posting shall be attached to a single side of the same public notice board.

4.63 Every person who attaches a poster, bill, advertisement, notice or other document to a public notice board shall remove it no later than 48 hours after the completion of the event to which the poster, bill, advertisement, notice or other document refers.

4.64 The permitted maximum size of any poster, bill, advertisement, notice or other document attached to a public notice board shall be 11"x17", excluding any clear lamination.

Moving Structures and Oversize or Overweight Loads

4.65 No person shall use a highway to move a vehicle, load, object, building or structure that is in excess of the dimensional limits set out in section 109 of the Highway Traffic Act or the weight limits set out in Part VIII of the same statute unless a permit has been obtained from the Manager of Engineering in accordance with the provisions of section 110 of the Highway Traffic Act.

4.66 Every application for a permit shall be submitted to the Manager of Engineering in the specified form, and the applicant shall be responsible for paying the application fee to the City and all other applicable amounts, as set out in Schedule A.

4.67 The purpose of the application fee is to cover the costs incurred by the City in reviewing the application, making site inspections, if necessary, and issuing the permit. In the case of an annual permit the fee will also cover occasional visits to the route to ensure no alterations to the route will impact the ability to undertake the move. (Bylaw Number 2005-203)

4.68 If the particular circumstances make it necessary for additional time to be spent on the review of an application, the applicant may be required to pay additional hourly fees, as set out in Schedule A.

4.69 If the particular circumstances make it necessary for the City to escort the vehicle, load, object, building or structure while it is being driven, operated or moved, the applicant may be required to pay additional hourly fees, as set out in Schedule A. An annual fee will not be permitted for any move that requires an escort.

4.70 Before sections 4.68 and 4.69 become applicable, the applicant will be given advance written notice of the amount of these additional fees.

4.71 The fees and other amounts set out in Schedule A are in effect for the duration of 2004 only and, on the first day of January of 2005 and of each subsequent year, the fees and amounts that were in effect during the previous year will be increased by the rate of inflation.

4.72 The Manager of Engineering may require an applicant to provide a deposit, bond or other security sufficient to cover the cost of repairing possible damage to a highway.

4.73 The Manager of Engineering may impose conditions as a requirement of obtaining a permit, including requiring an applicant to enter into an agreement with the City.

4.74 A permit will not be issued unless the applicant agrees that the owner, operator or mover of the vehicle, load, object, building or structure is responsible for all damages that may be caused to the highway by reason of the driving, operating or moving of the vehicle, load, object, building or structure.

4.75 A permit will not be issued unless the applicant agrees that the owner, operator or mover of the vehicle, load, object, building or structure is responsible for all damages that may be caused to the properties of adjoining owners by reason of the driving, operating or moving of the vehicle, load, object, building or structure.

4.76 A permit will not be issued unless the applicant provides and maintains, at the applicant's expense, liability and property damage insurance, in an amount satisfactory to the City, naming the City as an additional insured in order to protect the City against all liability, and the applicant shall submit proof of such insurance when applying for a permit.

5.1 Every authorized and other lawful encroachment on a highway is exempt from the provisions of this bylaw.

5.2 The activities of the City and the Kingston Police are exempt from the provisions of this bylaw.

5.3 The activities upon highways of persons who are carrying out maintenance work or installing infrastructure on a highway in accordance with the terms and conditions of a subdivision, site plan or other agreement with the City are exempt from the provisions of this bylaw.

5.4 Every private entrance upon a highway that complies with the requirements of the applicable bylaw regulating private entrances or that is constructed in accordance with the terms and conditions of a subdivision or site plan agreement with the City is exempt from the provisions of this bylaw.

5.5 Over-dimensional farm vehicles are exempt from the requirement to obtain a permit under section 4.65.

5.6 The boulevards at the locations set out in column 1 of Schedule E that have been altered for the purpose described in column 2 of Schedule E are deemed to be authorized, provided that no further alterations are made to these boulevards.

The following schedules are attached to and form part of this bylaw:

• Schedule A Fees
• Schedule B Highways on which In-Line Skates are Prohibited
• Schedule C Designated Walkways
• Schedule D Removed
• Schedule E Authorized Alterations and Uses of Boulevards

7.1 Any person who contravenes the provisions of this bylaw is guilty of an offence and, upon conviction, is subject to a fine as provided in the Provincial Offences Act and to any other applicable penalties. If this bylaw is contravened and a conviction entered, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may, in addition to any other remedy and to any penalty that is imposed, make an order prohibiting the continuation or repetition of the offence by the person convicted.

7.2 Every Person who contravenes any provision of this Bylaw shall, upon issuance of a Penalty Notice in accordance with the Administrative Penalty Process Bylaw, be liable 2020–69, be liable to pay to the City an Administrative Penalty in accordance with Schedule B of the Administrative Penalty Bylaw 2020–69 for each day on which the contravention occurs, and the Administrative Penalty Process Bylaw 2020–69 applies to each Administrative Penalty issued pursuant to this Bylaw.

7.3 If a Person is required to pay an Administrative Penalty under section 7.2 in respect of a contravention of this Bylaw, the Person shall not be charged with an offence in respect of the same contravention.

7.4 In accordance with subsection 434.2 (2) of the Municipal Act, 2001, if an Administrative Penalty imposed under section 7.2 is not paid within 15 days after the day that if becomes due and payable, the treasurer may add the administrative penalty to the tax roll for any property in the City of Kingston for which all of the owners are responsible for paying the Administrative Penalty, and collect it in the same manner as municipal taxes.

If a court of competent jurisdiction declares any provision, or any part of a provision, of this bylaw to be invalid, or to be of no force and effect, it is the intention of Council in enacting this bylaw that each and every provision of this bylaw authorized by law be applied and enforced in accordance with its terms to the extent possible according to law.

9.1 This bylaw comes into force on the day it is given third reading and is passed.