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Claresholm
TOWN
OF CLARESHOLM
PROVINCE
OF ALBERTA
BYLAW
#1764
A Bylaw
of the T
of Claresholm
to outline
the provision
of Solid Waste
Management.
WHEREAS
Alberta
2000, and
safety, health and w
provided
by or on
to the Municipal
Government
Act, being Chapter
M-26 of the Revised
Statutes of
thereto, a Council
may pass bylaws
for municipal
purposes
respecting
the
of the people, and the protection
of people and Premises,
nuisances,
services
of the municipality;
AND
WHEREAS
a system for the coll
Municipal
GovernmentAct,
also provides
that a council
may pass bylaws
to establish
'on, removal
and disposal
of Garbage
and Waste;
NOW
THEREFO
OF ALBERT
A, D
THE
COUNCIL
OF THE
TOWN
OF CLARESHOLM,
IN THE
PROVINCE
Y ASSEMBLED,
ENACTS
AS FOLLOWS:
SECTION
l
1.1
This
SECTION
2
D
may be cited as the "SOLm
WASTE
MANAGEMENT
BYI,AW".
ONS
2.1
In
' Bylaw,
unless the context
otherwise
requires:
a)
means cold residue
from the burning
of wood, coal and other like material
f
the purpose
of cooking,
heating
buildings
and disposition
of waste combustible
b) "
mated
Collection"
means the collection
of waste by a system of mechanical
'
and tipping
of receptacles
into specifically
designed
vehicles.
c)
a
medical
Waste"
means medical
waste that requires
proper
handling
and
because of environmental,
aesthetic,
and health and safety concenis
as well
risks to human health and includes:
d)
i)
Human
anatomical
waste;
ii)
Infectious
human waste;
iii)
Infectious
animal waste;
iv)
Blood
and body fluid waste; and
v)
Medical
sharps, such as needles, syringes,
blades or other clinical
laboratory
material
capable of causing
punctures
or cuts.
evard"
means:
i)
The strip of land between
the curb and the sidewalk
and between
the
sidewalk
and the property
line;
ii)
Where there is no sidewalk,
the strip of land between
the curb and the
property
line;
iii)
Where there is no curb, the strip of land between
the near edge of the road
and the property
line.
e)
Waste"
means all waste produced
in the process of constnicting,
lishing,
altering
or repairing
a building
and shall include,
but not be limited
to,
vegetation
and rock displaced
during
the process of building.
f)
Enforcement
Officer"
means an appointed
bylaw
officer
or Community
Enforcement
Officer,
Peace Officer
and Director
of hifrastructure
of Public
orks or the Royal Canadian
Mounted
Police - Claresholm
Detachment.
g)
AO"
means the Chief
Administrative
Officer
of the Town
of Claresholm.
h)
llection
Day"
means the day which
is scheduled
by the Director
of Infrastructure
f
municipal
collection
of solid waste.
i)
means a person or persons who collect
waste wit
the Town for and
behalf
of the Town.
j)
means the actual curb, if there be one, and if there is no curb in existence,
mean the division
of roadway
between
that part intended
for the use of vehicles
that part intended
for use by pedestrians.
Solid Waste Management
Bylaw
I
Bylaw
#l 764
k)
er" means any person, corporation
or organization
that has entered into a
with the Town
for utility
provision
at a particular
premise,
or who is the
o
er or occupant
of any premises
coiu'iected
to or provided
with a utility.
r of Infrastructure"
means the Director
of Infrastructure
appointed
to
the sanitation
department
and/or their duly authorized
delegated,
agent or
1)
m)
n)
o)
means waste by-products
produced
from household
and commercial
and can be composed
of organic
and inorganic
material.
Waste"
means any substance
or thing that falls within
the definition
of
Waste in Schedule
1 of Alberta
Regulation
July 6, 1999 192/96,
the Waste
l Regulation.
means a nanow
roadway
intended
chiefly
to give access to the rear of
and parcels of land.
p)
means a person or corporation
in actual possession
of any premises
as an owner or tenant. For billing
purposes
further
defined
as a person
'
with the Town
for the domestic
supply of utilities
to any premises.
means any land, building,
supplied
with utilities
by the Town.
hared
Receptacle
Service"
means garbage collection
services
provided
to a
' c multi-premise
site in Town
in which
several premises
share a waste bin for
collection.
s)
idewalk"
means that part of a roadway
primarily
intended
for the use of
'
and includes
the part lying between
the curb line or edge or the roadway
the adjacent
property
line, whether
or not paved or improved.
t)
means a public
thoroughfare
within
the Town and includes,
where the
so allows,
the sidewalk
and borders of the street and all parts appearing
in the
Titles Office
as set aside for a public
thoroughfare;
when used in distinction,
it
the public
thoroughfare
on which
the premises
in question
front.
u)
own"
means the coiporation
of the Town
of Claresholm,
or the area contained
the boundaries
thereof,
as the context
requires.
v)
ransient
Waste"
means any waste material
produced
at a location
other than at
building
in front of which
it is placed for pick up.
w)
aste" means any discarded
household
or commercial
debris or refuse, which
d include
Biomedical
Waste, Garbage, Hazardous
Waste, Wet Garbage
or Yard
aste.
x)
y)
z)
aste Receptacle"
means any waste receptacle
provided
by the Town for
collection,
specifically
marketed
to store waste, and excludes
bins that
meant for other purposes.
This includes:
i)
96 gallon
collection
tote (black, grey, or brown);
ii)
3 to 6 yard bin;
et Garbage"
means the kitchen
waste containing
liquids
originating
from hotels,
houses and restaurants
but excludes
drained
household
kitchen
waste which
been properly
packaged.
ard Waste"
means grass clippings,
leaves, brush, twigs, house and garden plants,
dust and wood shavings
or other similar
items as designated
by the Director
of
SECTION
3
3.1
of the Town
Ex
coll
as otherwise
provided
in this bylaw,
the Town
shall provide
for the public
'on and removal
of waste within
the limits of the Town
and shall supervise
the
es and equipment
necessary
or desirable
for the management
of waste collected
or
by the Town.
3.2
of the Director
of Infrastructure
The
of Infrastructure
shall:
the collection,
removal
and disposal
of waste;
the days and times that collection
shall be undertaken
in different
portions
of the
T
wn;
Bylaw
#1 764
c)
the quantities
and classes of waste to be removed
from any premises
or
by the Town
for disposal;
Solid Waste Management
Bylaw
d)
'de which
method
will be used to collect
waste:
i)
manual
collection;
ii)
automated
collection;
iii)
shared receptacle
service;
e)
the location
from which
waste will be collected;
i)
front street collection;
or
ii)
rear lane collection;
f)
y specify
availability
of waste collection
for commercial
pick-up;
g)
y specify
that private
waste haulers report the total volume
of solid waste to be
ed out of the Town's
boundaries;
h)
out any inspections
required
to determine
compliance
with this bylaw;
i)
T
any steps or carry out any actions required
to enforce
this bylaw;
j)
T
any steps to carry out any actions required
to remedy
a contravention
of this
3.3
w
es
Every
within
the Town
of Claresholm
shall receive
or shall have use of a waste
le in accordance
with the following:
a)
E
residential
customer,
with the exception
of those in apartment
buildings,
will
've a 96-gallon
collection
tote (black, grey, or brown).
b)
apartment
building
will receive
a 3 to 6 yard bin for shared receptacle
service
f
the apartment
building.
c)
non-residential
customer
will receive either a 96-gallon
tote or will have access
to a 3 to 6 yard bin within
close proximity
for shared receptacle
service depending
on
preference
and/or the Director
of Infrastructures
discretion
based on space
convenience
for placing
a shared bin or curbside
tote collection.
d)
use non-residential
customers
will have the choice, or on the discretion
of the
of Infrastructure
based on use and volumes
of waste materials,
to rent their
o
or multiple,
3 to 6 yard bin solid waste/garbage
receptacles.
e)
96-gallon
tote will have a serial number
and be assigned
to a specific
customer
to
which
bin belongs
to whom. The loss or damage of a tote due to neglect,
or other cause not of the fault of the Town or its contractors
will be replaced
billed
to the customer
as per prices on Schedule
"A".
If at the fault of the Town
the Town's
contractor
the replacement
cost will not be billed
to the Customer.
3.4
'on of Waste Materials
for Collection
No
shall set out Waste materials
for collection
without
ensiuing
that the Waste
have been prepared for collection
in accordance
with the following:
a)
Waste material
that is to be collected
must be:
i)
acceptable
by the Town
as per Section 3.6-3.9
ii)
contained
within
the Waste Receptacle,
with the lid closed.
b)
N
person shall place Waste materials
elsewhere
than in the Waste Receptacle.
material
left beside, or otherwise
outside of the Waste Receptacle,
will not be
ected.
c)
N
person shall place Waste materials
for pickup
without
the permission
of the
o
er or occupant
of the premise.
d)
Director
of Infrastructure
or their designate
reserves the right to withhold
ection of Waste materials
where the Waste materials
do not meet the necessary
3.5
of Waste
e
a)
N
person who receives
Waste collection
shall set out Waste materials
or Waste
es at locations
that are: unsafe, obstructed,
blocked
by snow or ice, poorly
and uneven, or that prevent
Collectors
from collecting
in a safe and
cient manner
in the opinion
of the Director
of Infrastructure
or their designate.
b)
e occupant
of residential
premises
shall place Waste Receptacle
for collection
in
a way that collectors
shall have access without
entering
into private
property.
c)
Receptacles
will be set out for automated
collection
next to the curb on the
street or, where there is no curb, at the transition
from street to boulevard
or
Bylaw
#1 764
Solid Waste Management
Bylaw
d)
cept where in the opinion
of the Director
of Infrastructure,
it is impractical
to store
aste materials
outside of a building,
no collector
shall make a collection
of Waste
'
from inside any building.
e)
Town shall collect Waste materials
from only one pick-up
point from each premise,
cept where the Director
of Infrastructure
has designated
any other pick-up
point they
'der necessary.
3.6
and Waste
a)
b)
occupant
of premises
from which
Waste is to be collected
shall:
i)
thoroughly
drain all Wet Garbage
and place it in a plastic garbage bag
before disposing
of it in the Waste Receptacle;
ii)
bag all light, dusty or objectionable
materials
including
cooled ashes,
powders,
sawdust, vacuum
cleaner
bags, fumace
filters, animal feces and
absorbents,
and disposable
diapers;
iii)
ensure any spillage
from Waste Receptacles
is picked
up and/or cleaned up
within
twenty-four
(24) hours after scheduled
pick-up
(if the spillage
was
not the fault of the Collector).
Town shall not remove
the following
from premises:
i)
large bulky
items such as mattresses,
box springs, dressers, tables, chairs,
whole shrubs, or discarded
heavy machinery;
ii)
sheet iron, large pieces of scrap metal or machine
parts;
iii)
electronic
equipment
including
televisions,
computers,
computer
monitors,
keyboards,
and associated
cables;
iv)
Building
Waste such as renovation,
construction
or demolition
material;
v)
stumps, concrete
blocks or slabs, soil, rocks or aggregate;
vi)
transient
waste;
vii)
waste material
which
has not been placed for collection
in accordance
with
the provision
of this bylaw;
viii) liquid
waste or material
that has attained
a fluid consistency
and has not
been drained;
ix)
any material
outside
the waste receptacle
that is caused by foraging
animals
or improper
storage in accordance
with the provision
of tbis bylaw;
3.7
Pro
Items
No
shall place or dispose of in a Waste Receptacle
for collection
or disposal any
of the following
prohibited
items:
a)
combustible
or explosive
materials
including
but not limited
to liquid
or solid
gunpowder,
ammunition
or explosives;
b)
t ashes which
are not properly
quenched
and appear to be hot or likely
to cause a
e)
propane
or butane cylinders;
'c or household
hazardous
waste including
solvents,
oven cleaners,
paints,
've fluids, wet cell batteries,
pesticides,
herbicides,
or any material
referred
to as household,
commercial,
or industrial
hazardous
waste;
'cal waste including
hypodermic
needles or syringes,
lancets or any sharp
used in home medical
care;
animals
and animal parts from hunting
or trapping;
'c tank purnpings,
raw sewage, or industrial
sludge;
'oactive
waste;
3.8
Wet
shall remove
wet garbage from any hotel, boarding
house, restaurant
or retail
lesale food outlet within
the Town for use as food for swine or other livestock
under the authority
of permits
issued by the Environmental
Health
Inspector.
3.9
Buil
Materials
and Construction
Waste
a)
person carrying
out the construction,
demolition
or alteration
of buildings
or other
ding operations
on any property
shall do so in such a manner
as to not permit
ding material
or Building
Waste material
to remain
loose, free or uncontrolled on
property.
A:J
Bylaw
#1 764
Solid Waste Management
Bylaw
4
b)
c)
main contractor
on the building
site shall be responsible
for the actions of any
or tradesman
who fail to comply
with subsection
a).
building
material
or Building
Waste material
which
blows free from the building
shall be recaptiu"ed,
returned
to the building
site and deposited
in a waste
le.
d)
e)
f)
main contractor
on a building
site shall be responsible
for the term of the
'
in providing
a suitable
waste receptacle
capable of receiving
all Building
material
and maintaining
the same in a safe contained
manner.
the contractor
is working
on more than one building
site and they are
oining,
he may provide
one (1) Building
Waste receptacle
for each three (3)
ding sites.
main contractor
on a building
site shall be responsible
for having
all unused
'
material
and Building
Waste material
disposed
of in the landfill
or
area.
g)
Director
of Infrastnicture
may direct the person carrying
out the constniction
or
'on of a building
to provide
a fence of a type that will trap any building
in such a maru'ier as to prevent
it from escaping
from the building
site.
3.10
Coll
'on Schedules
a)
Town shall collect
Waste from each residential
premise
once a week.
b)
Waste that is stored in, a Waste Receptacle
may be collected
by the Town
at the
of Infrastructure's
discretion.
c)
Director
of Infrastructure
may stipulate
a different
Waste collection
schedule
for
following
establishments:
i)
hotels, restaurants
and apartment
houses;
ii)
business
and professional
offices;
iii)
retail and wholesale
merchants;
iv)
other commercial
premises,
whether
similar
or dissimilar;
v)
industrial
premises;
and
vi)
agricultural
and irrigated
areas.
d)
the Town
does not collect
Waste at a premise
listed in 3.9(c), the property
o
er or occupant,
either by contractors,
agents or by employees,
shall remove
and
of the waste in compliance
with all applicable
federal, provincial
and
'cipal laws and shall provide
the Town
with a copy of the contract
between
the
o
and the service provider.
e)
aste Receptacles
shall not be set out for collection
prior to 7:00pm
the evening
of
day prior to the collection
day, and must be placed at collection
points no later
7:00am
on the scheduled
collection
day.
f)
Waste Receptacles
must be removed
from the street or lane by 8:00pm
on the
llection
day and stored on the property
when not in use.
3.11
T
'on of Waste
No
encl
such
shall convey
through
any street in the Town
any Waste except in a properly
receptacle
or in a vehicle
which
is covered
with canvas or tarpaulin,
or secured
the contents
are protected
from being wind borne or falling
on the streets.
3.12
to Private
Roads and Infrastructure
The
site
coil
wn will not be responsibIe
for any damage to roads or infrastructure
on a private
'
from legitimate
operation
of Waste collection
vehicles
during
Waste
'on activity
at that private
site.
3.13
0ther
visions
a)
It
be unlawful
for any person to dump Building
Waste or other Waste material
ere within
the limits of the Town of Claresholm,
except in the location
by the Director
of Infrastructure
and approved
in writing
by the Director
o Infrastructure.
b)
person, other than the occupant
of the premise
or the Collector,
shall pick over,
ve, disturb,
or otherwise
interfere
with any waste material
that has been set out
f
collection.
c)
person shall place residential
or commercial
Waste in a public litter container.
d)
person shall bum household
refiise, buniable
debris, or prohibited debris in any
lace or fire pit within
the Town.
]:f
Bylaw
#1764
Solid Waste Management
Bylaw
5
Town
reserves the right to withhold
collection
of improperly
prepared
Waste,
hibited
Waste, excessive
quantities
of Waste, or Waste located
at unsafe or non-
liant set-out locations.
f)
e occupant
shall keep the curb and gutter at the front of the premises
in a clean and
ti
condition.
3.14
for Collection
and
Waste
for Waste removal
by the Town
are stipulated
in Schedule
"A".
Director
of Infrastructure
shall cause such measurements
to be made and records
be maintained
as he/she deems necessary
to estimate
or determine
the volume
of
aste removed
from any premises
and on the basis of such measurements
and
shall establish
the monthly
charge to be levied on any occupier
or
'
hauler. The Director
of Infrastructure
on being satisfied
that any estimate
to be amended
may establish
new charges.
conditions
exist which
could require
the application
of a different
rate, such
will be stipulated
by the Director
of Infrastructure.
fee for additional
Waste collection
shall be set out per Schedule
"A".
3.15
on
Any
who contravenes
a provision
of this bylaw
is guilty
of an offense and is liable
of a
not exceeding
one thousand
dollars ($1,000.00)
and not less than seventy-five
do
($75.00).
3.l6Vio
Tickets
and Penalties
a Bylaw
Enforcement
Officer
and/or the Director
of Infrastructure
believes
on
le and probable
grounds
that a person has contravened
any provision
of this
, he may serve upon such person a violation
tag provided
by this section:
i)
either personally
on the premises
or by Ieaving
it for the occupant
at their
residence
with a person on the premises
who appears to be at least eighteen
(18) years of age or by registered
mail, and such service shall be adequate
for the purpose
of this bylaw.
ii)
A violation
tag shall be in such form as determined
by the Town of
Claresholm
and shall state the section of the bylaw
which
was contravened
and the amount
which
is provided,
that will be accepted
by the Town
in lieu
of prosecution.
iii)
Upon production
of violation
tag issued pursuant
to this section within
fourteen
(14) days from the issue thereof
together
with the payment
to the
Town of Claresholm
of the fee as provided,
the person to whom
the tag was
issued shall not be liable for prosecution
for the contravention
in respect of
which
the tag was issued.
iv)
Notwithstanding
the provision
of this section, a person to whom
a tag has
been issued pursuant
to this section may exercise
his right to defend any
charge committing
a contravention
of the provisions
of this bylaw.
b)
specified
penalty
payable
in respect of a contravention
of a provision
of this
w is the amount shown in Schedule
"B"
in respect of that provision.
c)
minimum
penalty
payable
in respect of a contravention
of a provision
of this
is the amount
shown in Schedule
"B"
in respect of that provision.
d)
otwithstanding
Section 3.16:
i)
where any person contravenes
the same provision
of this bylaw
more than
once within
an eighteen
month (18) period, the specified
penalty
payable
in
respect of the subsequent
contravention
is doubled
the amount shown in
respect of that provision;
and
ii)
where any person contravenes
the same provision
of this bylaw
three or
more times within
one twelve
(12) month
period, the specified penalty
payable
in respect of the third or subsequent
contravention
is triple the
amount shown in respect of that provision.
3.17
liance with Other
on
No
law
'on of this bylaw
relieves
a person from complying with any federal or provincial
regulation
other bylaw
or any requirements
of any lawful permit, order, consent or
direction.
6
Bylaw
#1764
Solid Waste Management
Bylaw
3.18
ValidityofBylaw
Every xovision
of this bylaw
is independent
of all other provisions,
if any provision
of
this bylaw
is declared
invalid
for any reason by a court of competent
jurisdiction,
all
other provisions
of this bylaw
shall remain
valid and enforceable.
SECTION
4
RESCINDED
4.1
0n the passing of this bylaw, Bylaw 1548, along with amending
Bylaw
1722 are hereby
rescinc ed
SECTION
5
PASSAGE
OF BYLAW
5.1
This Bylaw
shall come into effect upon passage of Third Reading.
Read a first time in Co-.incil
this
I0th
day of
October
2023
A.D.
Read a second time in Council
this 23rd
day of
Oc(Ober
2023
A.D.
Read a third time in Ccuncil
and finally
passed in Council
this
23rd
day of October
2023 A.D.
)'< -ex
'xY,9
a
'
s'- N@," -
'
Brad Schlossberger, Mayor
S
5,
ey, CAO
Bylaw
#1 764
Solid Waste Management
Bylaw
SCHEDULE
" A"
Fees
EFFECTIVE
JAN 1
2024"
2025
2026
2027
COMMERCIAL
S.ERVICES
(Monthly)
aThree (3) to Six (6) cubic yard garbage container
rental
Cornrnercial
Bin Co..lection
(per weekly
collection)
Commercial
Tote (96 gallon) Collection
RESmENTIAL
SP,'RVICES
(Monthly)
Residential
Dwellings
96 GALLON
TOTE
REPLACEMENT
FEE
$35.00
$36.05
$37.13
$38.25
$35.00
$36.05
$37.13
$38.25
$24.00
$24.72
$25.46
$26.23
$13.50
$13.91
$14.32
$14.75
$100.00
$100.00
$100.00
$100.00
SPRING
CLEAN{JP
- Commercial
three (3i or four ('D
$30.00
$30.90
$31.83
$32.78
cubic yard garbage container
rental for 1 week with a single
availability
of bins)
*2024 rate is effective
on date this bylaw
comes into effect.
SCHEDULE
"B"
Penalties
Section
Description
Ist
Ind
Offence
Offence
3.4
Preparation
of Waste
Material
for
Collection,
including
overfilled
Waste
RecepU.cle
(lid doesn't
close), or waste
mate a
outside
of the Waste
Receptacle.
Gallon
Tote Service
Yard
Bin Service
$75
$150
$150
$300
3" &
Subsequent
Offences
$225
$450
3,5
Locatioin of Waste Receptacle for
$75
3.7
$200
$75
Bylaw
#1 764
Solid Waste Management
Bylaw
$150
$400
$150
$225
$600
$225
8