The Chatham-Kent Public Works Department is asking residents to remove any encroachments on municipal property.
Municipal officials said in a media release the Ontario Minimum Maintenance Standards (“MMS”) were developed to provide municipalities with a defence against liability from actions arising with regard to levels of care on roads and bridges.
Municipal officials say O.Reg. 239/02 – “Minimum Maintenance Standards for Municipal Highways” prohibits placement of any material (except snow, slush or ice) or object on a roadway, that:
– Is not an integral part of the roadway or has not been intentionally placed on the roadway by a municipality, and
– That is reasonably likely to cause damage to a motor vehicle or to injure a person in a motor vehicle.
“As with other enforcement endeavours, our goal is compliance,” stated Ryan Brown, Director of Public Works.
“We are asking residents to voluntarily move any personal property from the municipal right-of-way.”
Brown said unauthorized encroachments can be a safety hazard for pedestrians and drivers.
“They can also block access to underground utilities or interfere with road maintenance and snow removal operations,” Brown added.
“If your street has a curb and gutter, we ask that you pull the unattended basketball/hockey net/skateboard ramp, etc. back far enough so the front portion of the rim/frame is at least 60 centimeters (24 inches) behind the property line. For areas with granular or grassed shoulders/ditches, please ensure a minimum of 6 meters (19 feet) back from the edge of the road surface.”
Residents are also reminded that the Municipality does not take responsibility for any private encroachment damaged as a result of road repair, construction, snow removal, or street cleaning, Municipal officials added.
