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Bylaw No. 269-96

Waterways Protection Bylaw, 1996

Consolidated and printed by authority of the Corporate Officer under section 139 of the Community Charter. Includes amendment bylaws 2584-2016 . Last amended June 27, 2016

Contents
 1 Citation
 2 Interpretation
 3 Prohibits fouling or obstructing
 4 Offence and penalties
 5 Repeals Bylaw No. 1799

WHEREAS Council may, by Bylaw, pursuant to Section 587 of the Municipal Act, prohibit any person from fouling, obstructing, or impeding the flow of any stream, creek, waterway, watercourse, waterworks, ditch, drain, or storm sewer within the City of Abbotsford;

NOW THEREFORE, the Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS:

Citation

1   Bylaw No. 269-96 may be cited as "Waterways Protection Bylaw, 1996".

Interpretation

2   In this Bylaw, unless the context otherwise requires:

"Ditch" means a drain open or covered, wholly or in part, and whether in the channel of a natural stream, creek, or watercourse or not, and also all works and materials necessary for bridges, culverts, catchbasins, manholes, and guards in connection therewith;

"Stream" means any natural watercourse or source of water, whether usually containing water or not, and any lake, pond, river, creek, spring, ravine, swamp, and gulch.

Prohibits fouling or obstructing

3   No person shall foul, obstruct, or impede the flow of any stream, creek, waterway, watercourse, waterworks, ditch, drain, or sewer whether or not it is situate on private property.

Offence and penalties

4   Notwithstanding the offence and penalties as provided under the Community Charter or Local Government Act, the following will apply:

(a) a violation of any of the provisions identified in this Bylaw will result in liability for penalties and late payment amounts established in the City's Bylaw Notice Enforcement Bylaw, 2007, and Municipal Ticket Information Bylaw, 2007;

(b) a violation of any of the provisions identified in this Bylaw will be subject to the procedures, restrictions, limits, obligations and rights established in the Bylaw Notice Enforcement Bylaw, 2007, in accordance with the Local Government Bylaw Notice Enforcement Act, SBC 2003, c. 60;

(c) a person who:

(i) contravenes, violates or fails to comply with any provision of this Bylaw;

(ii) suffers or allows any act or thing to be done in contravention or violation of this Bylaw; or

(iii) fails or neglects to do anything required to be done under this Bylaw;

is deemed to have committed an infraction of, or an offence against, this Bylaw; and is liable on summary conviction to a fine of not more than Ten Thousand Dollars ($10,000.00); and

(d) each day such infraction is caused, or allowed to continue, constitutes a separate offence.

B/L 2584-2016

Repeals Bylaw No. 1799

5   District of Matsqui Bylaw No. 1799, cited as "Waterways Protection Bylaw, 1979", is hereby repealed.

READ A FIRST TIME on September 9, 1996 READ A SECOND TIME on September 9, 1996 READ A THIRD TIME on September 9, 1996 ADOPTED on September 23, 1996