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A Winnipeg snow-clearing company says a current city noise bylaw is preventing it from cleaning driveways as quickly as possible.
Tim Muys, owner of Green Blade Lawn Care (which also handles snow removal), says he’s been threatened with fines under the neighbourhood livability bylaw.
Under the existing municipal rules, operating machinery — such as a snowblower or leaf blower — is prohibited before 7 a.m. on weekdays and 9 a.m. on weekends.
“Our current noise bylaws prohibit snow clearing overnight,” Muys told ChrisD.ca. “Toronto, Montreal, Ottawa, and Calgary all have exemptions for snow-clearing.”
Muys says he’s contacted the city, which has told him bylaw officers use common sense discretion when enforcing this policy.
“That is clearly not the case, as we get calls from enforcement almost every time we clear overnight,” Muys added.
Councillor Janice Lukes (Waverley West) says there is some leeway to clearing snow on private property outside of hours.
Lukes, who is also chair of the standing policy committee on public works, says the current law has some “grey areas” that are not overly clear.
“If we have a massive storm — we have to remember we are a winter city — so plowing is important and there is discretion… or should be,” Lukes said in an email late Friday.
Lukes added the city is rewriting some current bylaws to make them clearer for residents and enforcement officers.
“Updated bylaws would ensure ‘consistency’ in enforcement.”
A spokesperson for the city clarified the neighbourhood liveability bylaw provides an “exemption for sound produced in the course of constructing, maintaining, rehabilitating or otherwise working on a street or property owned by the City of Winnipeg.”
For Muys and others who operate snow-clearing businesses, a change to include private property in certain weather-related circumstances would need to be made to ensure the threat of a fine in future winters doesn’t become a recurrence.
“We’re asking that the city simply update the bylaw to match other progressive winter cities. It’s common sense,” he said.
