APPENDIX A

Proposed Update to By-law 25-2010 (as amended)

WHEREAS section 10(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that municipalities may pass By-laws respecting public assets of the municipality, the health, safety and well-being of Persons and for the protection of property;

AND WHEREAS section 110 of the Highway Traffic Act, R.S.O. 1990, c. H.8 as amended, provides that municipalities may pass by-laws to permit the use of the highway by a vehicle, load or structure that is in excess of the dimensional limits or weight limits set out in the said Act, and such permits may be issued by an officer of the municipality named therein;

AND WHEREAS Council deems it necessary and desirable to pass a By-law providing for the protection of highways in Windsor;

THEREFORE the Council of The Corporation of the City of Windsor enacts as follows:

Part 1- Definitions

1. In this By-law,

"City Engineer" means the person appointed by the Council of The Corporation of the City of Windsor as the City Engineer, and his or her designate.

"Corporation" means The Corporation of the City of Windsor.

“Contravener” means a Person who is in violation of this By-law, and includes an abutting property owner who caused or permitted the contravention to subsist.

"Culvert" means a pipe that runs across the frontage or flankage of a property intended to provide for the drainage of water from an open ditch, permitting the passage of Persons or vehicles from a highway to abutting property.

"Driveway approach” means the portion of the highway that is improved to permit the passage of Persons or vehicles from a highway to abutting property.

“Engineering Best Practices” means the most recent version of the document authored by the Corporation of the City of Windsor, which details desirable construction standards.

"Highway” means a street, road, avenue, parkway, alley, lane, median, sidewalk, trail, square, place, bridge, viaduct, or other public way under the jurisdiction of the Corporation.

"Hoarding" means the temporary, placement, and/or storage of materials or equipment on a highway, or work on the highway, including the erection of fencing or placement of barriers to enclose such areas of storage or work.

“Infrastructure” means any structure or facility placed within the Highway that is needed to serve the needs of the public.

“Leadwalk” means the portion of the highway that is improved to permit the passage of Persons from a highway to abutting property, but does not include a Driveway approach.

"Occupant" means any Person or Persons over the age of eighteen (18) years in possession of property and includes an owner, as defined in this By-law, who is in possession of the property.

“Order” means a directive to discontinue activity as set out more particularly in Section 444 of the Municipal Act, 2001, S.O. 2001, c. 25

"Owner” means the Person in whom is vested the ownership, or title of property and includes his or her agent or trustee in bankruptcy.

"Parking By-law" means the Corporation's By-law Number 9023, as amended from time to time, or any successor thereto.

"Permit" means a permit issued by the City Engineer under the provisions of this By-law