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46 (1) Except as permitted by bylaw or another enactment, a person must not excavate in, cause a nuisance on, obstruct, foul or damage any part of a highway or other public place.

  • (2) A council may, by bylaw,
  • (a) authorize the seizure of things unlawfully occupying a portion of a highway or public place,
  • (b) establish fees for such seizure that are payable by the owner of the thing, and
  • (c) provide for the recovery of those fees from the owner of the thing, including by sale of the thing if the owner refuses to pay or cannot be identified after reasonable efforts.
  • (3) If a thing is seized under subsection (2), by a municipality, neither the municipality nor a person to whom the thing is disposed of is liable, in damages or otherwise, for or in respect of any claim that may arise in respect of the thing after its disposal in accordance with this Act.

2003-26-46, effective January 1, 2004 (B.C. Reg. 423/2003); 2004-44-98, effective December 31, 2004 (B.C. Reg. 547/2004).