Bylaw 375-2012 - Toronto - City of Toronto

Mar 7, 2012 - WHEREAS City Council has the authority to pass by-laws respecting ..... SECURITY — Financial security paid or pledged to the City as a.
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Public Works and Infrastructure Committee Item 9.10, adopted as amended, by City of Toronto Council on February 6 and 7, 2012 Enacted by Council: March 7, 2012 CITY OF TORONTO BY-LAW No. 375-2012 To amend City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use of with respect to various matters. WHEREAS subsection 8(1) of the City of Toronto Act, 2006 (the "Act") provides the City with broad authority to provide any service or thing that the City considers necessary or desirable for the public; and WHEREAS City Council has the authority to pass by-laws respecting matters related to public highways under its jurisdiction under subsection 32(1) of the Act; and WHEREAS section 376 of the Act provides that the City may pass by-laws providing that the City may enter on land at any reasonable time for the purpose of carrying out an inspection; and WHEREAS section 386 of the Act provides that where the City has the authority to direct or require a person to do a matter or thing, and that in default of it being done by the person, the matter or thing shall be done at the person's expense; and WHEREAS the City regulates its public highways as a necessary and desirable service to the citizens of Toronto; and WHEREAS it is necessary to amend Chapter 743, Streets and Sidewalks, Use of, of The Toronto Municipal Code to include definitions and regulations for prohibited and regulated activities, street work, encroachment in streets, maintaining boulevards, sidewalks, constructing and altering walkways and driveways, municipal remedial action, appeals, fees, administration and enforcement; and WHEREAS it is necessary to make further technical amendments to Chapter 743, Streets and Sidewalks, Use of, of The Toronto Municipal Code; and WHEREAS notice of the intention to enact this by-law has been posted on the City's website according to Chapter 162, Notice, Public, of The Toronto Municipal Code; The Council of the City of Toronto HEREBY ENACTS as follows: 1.

Chapter 743, Streets and Sidewalks, Use of, of The City of Toronto Municipal Code is amended as follows: A.

By renumbering Article III and § 743-33 to § 743-36, inclusive, to Article XI and § 743-51 to § 743-54, inclusive.

2 City of Toronto By-law No. 375-2012 B.

By amending § 743-1 by: (1)

Deleting the definition of "Applicant" from Subsections A, B and C and substituting the following in Subsection A: APPLICANT — A person applying for a permit or other consent.

(2)

Deleting the definition of "Arterial Road" from Subsection C and inserting the following in Subsection A: ARTERIAL ROAD — Any street that is designated as a minor or major arterial street in the City's road classification system, as amended from time to time.

(3)

Inserting the following definition in Subsection A: BIA — A Board of Management for a Business Improvement Area established according to Chapter 19, Business Improvement Areas, of The City of Toronto Municipal Code.

(4)

Deleting the definition of "Business Improvement Area" from Subsection C and inserting the following in Subsection A: BUSINESS IMPROVEMENT AREA — An area designated as an improvement area by a by-law passed under the City of Toronto Act, 2006, or a predecessor legislation.

(5)

Deleting the definition of "Local Street" from Subsection B and the definition of "Local Road" from Subsection C and inserting the following in Subsection A: LOCAL ROAD — Any street that is not designated as a major arterial, minor arterial or collector street in the City's road classification system, as amended from time to time.

(6)

Deleting the definition of "Permit" from Subsections B and C.

(7)

Deleting the definitions of "Street" and "Sidewalk" from Subsections A and C and inserting the following in Subsection A: STREET — A highway as defined in the City of Toronto Act, 2006.

3 City of Toronto By-la