Shovelling snow on to road could cost you

Markham Economist & Sun
March 12, 2014
By Simon Martin

When shovelling out from this fresh dump of snow, keep in mind that moving all that white stuff onto the road is against the law in municipalities around the region.

In Newmarket, shovelling snow on to the road could mean a $205 fine, plus a victim surcharge but the town says while complaints are high and this is one of the worst winters in a generation, there have been no fines issued this year.

“We have charged people in the past,” Newmarket clerk Andrew Brouwer said.

It’s much the same story in Georgina and Aurora where no fines have been laid for the infraction this year. In Aurora, this has been the worst year for complaints but still no charges have been laid. The town averages three to five fines per year.

Tossing snow on to the street is an offence under the Highway Traffic Act, but it also falls under the Town of Whitchurch-Stouffville’s encroachment bylaw.

“It’s a longer process under the encroachment bylaw” to resolve, according to Linda Mainprize, senior bylaw officer for the municipality.

If the bylaw officer requests the homeowner to clear the roadway and he or she does not comply, York Regional Police are called to handle the situation under the Highway Traffic Act, according to Ms Mainprize.

Only one or two times in the 13 years she has been a bylaw officer for the municipality has the town been forced to take such measures, she confirmed, noting it has called police for repeat offenders only.

What is more of a problem for municipalities this year is keeping sidewalks cleared, she said, in particular because of the ice that remains from December’s ice storm.

A homeowner must clear the sidewalk in front of his or her property within 24 hours of a snowfall, according to Ms Mainprize.

If they fail to do so and a complaint is filed with the town, a bylaw officer will notify the homeowner of the infraction and give him a time limit in which to have it cleared.

If there is no compliance, the public works department will do it and charge the homeowner the cost.

The minimum fine for that is $100, according to Maria Schembri, spokesperson for the Town of Whitchurch-Stouffville, which consists of the contractor’s hourly rate, travelling time and the town’s administration costs.