Policy #: 08-02-001
Loss and Damage Due to Snow Clearing and Ice Control
To define acceptance of liability for damage to private property and similar losses resulting from snow clearing and ice control operations.
1. The Town of Port au Choix will not accept responsibility for any damage to private property arising from snow clearing and ice control operations unless a clear legal liability exists, such as might arise in the event of negligence.
2. As a general guideline, but without limiting the generality of the foregoing statement damage of such types as listed following are deemed unavoidable, and/or not the responsibility of the Town.
a. Damage to fences, hedges, trees, etc. caused by the pressure or weight of snow plowed or blown off the street.
b. Damage to (or clean-up off) lawns, flower beds, trees, etc. caused by the accumulation of salt, sand or other debris remaining after snow banks melt, or otherwise arising from snow clearing and ice control operations.
c. Damage of a more direct nature to parked or abandoned vehicles, fences, trees, embankments, landscaping, structures and other items located on Town property or in other areas in which there exists an inherent risk of such damage.
d. Indirect losses, such as wages, business earnings, use of or access to property, inconvenience, etc. caused by snow and ice accumulation.
e. Damage from traffic accidents, loss of vehicle control, etc. except those in which a Town vehicle is held at fault.
Snow Clearing Regulations
1. Interpretations. In these regulations unless the context otherwise requires:
(a) “Council” means the Town Council of the Town of Port Au Choix.
(b) “Town” means the Town of Port au Choix as defined by paragraph 2 of Order of Council dated the 28th day of September, 1973, and made under the provision of the Local Government Act.
(c) “Park” means to allow a motor vehicle to remain on a highway in a stationary position whether or not the operator remains in control, provided that a vehicle shall not be deemed to be so parked if it is stopped for the immediate taking up or discharging of passengers.
(d) “Highway” means a place or way, including a structure forming part of the place or way, designed and intended for, or used by, the public for the passage of traffic or the parking of vehicles and includes all the space between the boundary lines of the place or way.
2. During the period from December 1st to April 30th no vehicle shall be parked on any highway within the limits of the Town between the hours of 12:00 am midninght and 8:00am, provided that this regulation shall apply only to a highway the ownership and management or control of which has been vested in the Council.
3. No person shall shovel or deposit snow onto any public highway that ownership and management or control of which has been vested in the Council.
4. The Town will not be liable for Loss and/or Damage due to Snow Clearing and Ice Control as per policy #08-02-001. The Town will carry out its snow clearing operations in a careful, prudent manner and making best efforts not to cause damage to private property.
5. The Town and its snow clearing operators shall use their best efforts to clear snow onto municipal property but when necessary, snow may be cleared onto private property.
6. These regulations will come into effect on the 2nd day of February, 2008 and be cited as the Town of Port au Choix (Snow Clearing) Regulations 2008.
7 .These regulations shall supercede any or all other snow clearing regulations which may have been in effect previously.
Pursuant to the Authority conferred by Section 414(1)(g)(h)(i)(j)(k)(l)(m)(n)(o)(p) and (q) of the Municipalities Act, 1999s the Town of Port au Choix has made and approved the following regulations 0n the 7th day of June AD., 2009.
Dog Control Regulations
1. Interpretation: In these Regulations unless the context otherwise requires:
(a) “Act” means The Municipalities Act.
(b) “Council” means the Town Council ofthe Town of Port au Choix.
(c) “Town” means the Town of Port au Choix as defined by paraïgraph 2 of Order in council dated the 2ncl day of October, A.D., 1973 andY máde under the said Act. (d) (e)
(d) “Impounder” means any person appointed as such by the Council.
(e) “Town Clerk” means the Town Clerk ofthe Town of Port au Choix.
2. From and after the date of the passing of these Regulations, no persoń shall keep any dog other than a puppy not more than four months old, within the limits of the Town, unless such dog has been registered and licensed.
3. The Council may appoint licensing officers who shall keep registers of all dogs licensed by them.
4. Licensing of dogs will be $10.00 per license.
5. License tags will be issued by the Council.
6. The Owner of every licensed dog shall immediately on receiving the License tag, attach it to a strong and durable collar, which shall be kept upon the dog’s at all times when it is outside the enclosed premises of the owner, in accordance with Section l.
7. (a) Every owner of a dog shall keep it tethered or penned up at all times.
(b) A dog need not be tethered or penned up if:
(1) It is held on a leash by a person capable of restraining its movements.
(2) It is being used by same person to Work for the purpose of lawful hunting.
(3) It is being used by same person to work in a lawful manner with sheep.
(4) It is kept or used for any other purpose and under the conditions prescribed in the regulations.
8. The Impounder may seize and impound any dog found at large and enter any premises for the purpose of recapturing any dog that may escape from his control.
9. Any dog found damaging or destroying private property may be seized by the injuriously affected person or persons and held for collection by the Impounder.
10. When a dog has been impounded, the Impounder shall make a record\ of such impounding in a book kept for that purpose, and may then, but shall not be bound to advertise that such dog has been impounded.
11. The owner may recover an impounded dog on such proof of his ownership of the dog as the Council may require, and upon payment of all fees in connection with the impounding and keep of the dog and upon the payment of licensing costs where the dog has not been licensed.
12. The following Seizing and Impounding fees shall be paid by the owner of dogs seized or impounded prior to releasing the dog or deducting from the proceeds lor any sales of such dogs:
Seizing and Impounding (1st Instance)…… $100.00
seizing and Impounding (2nd Instance)…… $150.00
Seízing and Impounding (3rd Instance)…… $200.00
Daily fee for each day dog is held in Pound…… $10.00
13. The lmpounder shall ‘keep any unclaimed dog in the pound for a pericìnd of forty-eight (48) hours and the expiration of such period the dog may be sold or disposed off in a proper manner.
14. In any proceeding under these regulations, the proof that a dog was under the age of four months shall be upon the owner of the dog or the person having possession thereof.
15. Any person who has custody, charge or possession of any dog or is the owner of any house or premises where a dog is kept or permitted to live or remain shall be deemed to be the owner of the dog for the purposes of these regulations unless he proves he was not the owner of the dog.
16. When any person is authorized to destroy a dog, under these he shall do so in a manner as humanely as possible.
17. The carcass of any dog destroyed shall be disposed of by burying or burning; it shall not be placed in the sea or in any pond, lake, river or stream or any water which flows into the sea.
18. Every person who ‘is guilty of an offense under these regulations, or who acts in contravention of or fails to comply with any provision thereof, or neglìects or refuses to do so, shall be liable on summary conviction to a fme two hundred ($200.00) and in default of payment of the to imprisonment for a term not exceeding three months.
19. These Revised Regulations come into effect on the 8th day of June AD., 2009 and shall supersede all previous dog regulations and be cited as the Town of Port au Choix Dog Regulations, 2009.