Waste Bylaw No. 1805

Medicine Hat, Alberta · adopted 1976-12-20

This is the exact embedded text of the captured official document. Snapshot c254493b94df · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

BYLAW NO: 1805 CONSOLIDATION OF A BYLAW of the City of Medicine Hat to establish and maintain a System for the collection, removal and disposal of ashes, garbage, refuse and other waste in the City of Medicine Hat. THE MUNICIPAL COUNCIL OF THE CITY OF MEDICINE HAT ENACTS AS FOLLOWS: 1. This Bylaw may be cited as "The Waste Bylaw". 2. The system for collection, removal and disposal of ashes, garbage, refuse and waste material accumulated within collection areas of the corporate limits of the City of Medicine Hat shall be operated in the manner herein set forth. 3. DEFINITIONS For the purpose of this Bylaw the following terms, phrases, words and their derivatives shall have the meanings given herein. When not consistent with the context, words used in the present tense include the future, words in the plural number include the singular, and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory. (a) "Apartment House" means a building which is either occupied or intended to be occupied by more than four families living independently of one another upon the same premises and shall include: Licensed boarding houses, lodging houses and rooming houses, terraces, of dwellings and any other type of residential premises where more than four families reside or dwell. (b) "Ashes" means the residue and cinders from any substance used for fuel, but does not include such residue as may accumulate as a result of building operations. Amended by: (b.1) "Automated Collection" means the collection of Residential Waste, Bylaw 4479 Residential Recyclables and Yard Waste by a system of mechanical lifting May 23, 2018 and tipping of containers into specially designed vehicles. (c) "Building Waste" means all waste produced in the process of constructing, altering, repairing a building or demolishing, including earth, vegetation and rock displaced during the process of building. Amended by: (c.1) "Bylaw Enforcement Officer" means any person employed by the City as a Bylaw 3642 Police Officer, Bylaw Enforcement Officer or Special Constable. Sept. 20, 2005 Amended by: (c.2) "CAO" means the City's Chief Administrative Officer, or designate. Bylaw 4479 May 23, 2018 Amended by: (c.3) "Cart" means Residential Waste Cart, Residential Recycle Cart and Yard Bylaw 4479 Waste Cart. May 23, 2018 (d) "City" means the Municipal Corporation of the City of Medicine Hat. Amended by: (e) Repealed. Bylaw 3082 Mar. 18, 1997 Amended by: (e.1) "Clean Wood Waste" means solid wood, lumber or pallets, that does not PAGE 2 OF BYLAW NO. 1805 Bylaw 4479 contain any hazardous glues or resins, that is not painted, stained, treated May 23, 2018 with chemicals or excessively pierced with nails or other metal fasteners. (f) "Council" means the Council of the City of Medicine Hat. (g) "Collector" means a person who collects waste within the City for and on behalf of the City. (h) "Condominium" means a building divided into individually owned units as described in the Condominium Property Act, revised Statues of Alberta, 1970, Chapter 62 and amendments thereto, and for the purpose of this bylaw only, each unit shall be deemed to be single family dwelling. Amended by: (h.1) "Consumer" includes any person who is a user of: Bylaw 3082 Mar. 18, 1997 1. electrical energy supplied by the Electric Utility; 2. water supplied by the Water Works system; 3. natural gas supplied by the Gas Distribution System; 4. the Sewage System; or 5. the Solid Waste Disposal System within the City of Medicine Hat and who must pay a monthly charge for such service to the City of Medicine Hat. Amended by: (i) "Disposal Site" means a dry dump, a sanitary landfill site or another site Bylaw 3082 approved by the General Manager for the disposal of waste. Mar. 18, 1997 (j) "Dwelling House" means: (i) any building or place occupied or used as an abode or residence or place of living by not more than four families, but does not mean any apartment house, hotel, licensed rooming house, licensed boarding house, tourist cabins, or any room or suite of rooms in any building containing trade premises; Amended by: (ii) a condominium in which the dwelling units in a particular structure Bylaw 3953 are individually owned, unless bins as described in Schedule "A", Oct. 20, 2009 subsection 2(B) or (C) are used. (k) "Dry Dump" means an area maintained by the City where the public may bring and deposit incombustible, inorganic waste. (l) "Fire Chief" means the Chief of the Fire Department of the City or another member of the Fire Department authorized by the Fire Chief or by the City for the act or the purpose for which the authorization is made. Amended by: (l.1) "Food Waste" means the material designated as Food Waste at the discretion Bylaw 4479 of the CAO. May 23, 2018 (m) "Garbage" means all putrescible material including discarded meats, fish, fruits and vegetables resulting from the handling, preparation, cooking and consumption of food. Amended by: (m.1) "General Manager" means the City employee holding the position of General Bylaw 3082 Manager of Environmental Utilities, and includes any other City employee that Mar. 18, 1997 the General Manager of Environmental Utilities authorizes to perform any duties or exercise any powers of the General Manager of Environmental Utilities as set out in this Bylaw. Amended by: (n) "Hazardous Waste" means any substance or thing that falls within the Bylaw 3240 definition of hazardous waste in Schedule 1 of Alberta Regulation 192/96, the PAGE 3 OF BYLAW NO. 1805 July 6, 1999 Waste Control Regulation. (o) "Highway" means any thoroughfare, street, road, trail, avenue, parkway, driveway, viaduct, lane, sidewalk, alley, square, bridge, causeway, trestleway or other place, whether publicly or privately owned, any part of which the public is ordinarily entitled or permitted to use for passage. (p) "Hotel" means premises providing sleeping accommodation and ancillary services in rooms or suites of rooms primarily for the travelling public, and shall include a motor hotel and any place of public accommodation which holds itself out or advertises its premises as a hotel. Amended by: (p.1) "Non-residential Recyclables" means the material designated as Bylaw 4479 Non-residential Recyclables at the discretion of the CAO. May 23, 2018 (q) "Person" means any person, firm, partnership, association, corporation, company or organization of any kind. (r) "Premises" means: Amended by: (i) in the case of residential property, any self-contained dwelling place Bylaw 3082 occupied or intended to be occupied as a separate place of residence Mar. 18, 1997 and shall include a single family home, mobile home, townhouse, apartment or condominium and dwelling places within a duplex, triplex or fourplex. (ii) with respect to business or industrial accommodation, shall mean the whole or any part of any house, building, or structure in which any person is carrying on any trade, business or profession for gain. Amended by: (r.1) "Recyclables" means Non-residential Recyclables and Residential Bylaw 4479 Recyclables. May 23, 2018 (s) "Refuse" means all putrescible and non-putrescible solid wastes including broken dishes, tins, glass, rags, cast-off clothing, waste paper, excelsior, cardboard, food containers, grass cuttings, shrubbery and tree prunings, weed and garden waste, but does not include manure, night soil, tree stumps, roots, turf, earth or such waste matter as may accumulate as a result of building operations. Amended by: (s.1) "Residential Recyclables" means the material designated as Bylaw 4479 Residential Recyclables at the discretion of the CAO. May 23, 2018 Amended by: (s.2) "Residential Recycle Cart" means a cart supplied by the City which is Bylaw 4479 designated to hold Residential Recyclables and be rolled to a collection point May 23, 2018 where it will be emptied by an Automated Collection truck, or any other container designated to hold Residential Recyclables at the discretion of the CAO. Amended by: (s.3) "Residential Waste" means solid waste generated through ordinary, day-to- Bylaw 4479 day activities of the occupants of a Dwelling House, and does not include May 23, 2018 materials generated as a result of construction, renovation, roofing, demolition, landscaping, installation or removal of lawns or sprinkler systems, installation or removal of concrete or asphalt, or automotive or recreational vehicle work of any kind. Residential Waste includes Yard Waste but does not include Recyclables. Amended by: (s.4) "Residential Waste Cart" means a cart supplied by the City which is designed Bylaw 4479 to hold Residential Waste and be rolled to a collection point where it will be May 23, 2018 emptied by an Automated Collection truck, or any other container designated PAGE 4 OF BYLAW NO. 1805 to hold Residential Waste at the discretion of the CAO. (t) "Sanitary Landfill Site" means an area maintained by the City where the public may bring and deposit all types of waste. Amended by: (t.1) "Service Change" includes but is not limited to the following: Bylaw 4479 (i) a request by a customer to change from one Cart size to another; May 23, 2018 (ii) delivery of a Yard Waste Cart; (iii) delivery or removal of an additional Cart. Amended by: (t.2) "Service Change Fee" means the fee charged for a Service Change as set Bylaw 3953 out in Schedule "A". Oct. 20, 2009 Amended by: (t.3) "Source Separated Organic Waste" means Food Waste, Yard Waste, Clean Bylaw 4479 Wood Waste and any other material designated as Source Separated May 23, 2018 Organic Waste at the discretion of the CAO. (u) "Street" means any public roadway used by waste collection vehicles to gain access to the boundary of a private property from which garbage or refuse is being collected. (v) "Trade Refuse" means and includes every kind of waste material from a commercial or industrial establishment where the establishment occupies all or part of a building having mixed uses, and shall include material from the work or constructing, repairing, renovating, demolishing, clearing or grading or buildings or premises. Amended by: (w) "Unsightly or Unsanitary Condition" means any nuisance or any condition, Bylaw 3082 matter or thing which, in the opinion of the General Manager, may be Mar. 18, 1997 injurious to health or which in his opinion may result in the creation of a garbage control problem or nuisance. Amended by: (x) Repealed. Bylaw 3240 July 6, 1999 (y) "Waste" or "Waste Material" means ashes, garbage, refuse or trade refuse as herein defined and includes any other matter or material suitable for disposal in the City sanitation system. Amended by: (z) "Yard Waste" means plant waste including but not necessarily limited to grass Bylaw 3953 and hedge clippings, leaves, grass, flowers, vegetable stalks, weeds, woody Oct. 20, 2009 or herbaceous waste, fruit and vegetable waste, and prunings that can be effectively composted. Amended by: (aa) "Yard Waste Cart" means a cart supplied by the City which is designed to Bylaw 4479 hold Yard Waste and be rolled to a collection point where it will be emptied by May 23, 2018 an Automated Collection truck, or any other container designated to hold Yard Waste at the discretion of the CAO. 4. This Bylaw applies to waste produced or transported within the boundaries of the City or any City owned Sanitary Landfill site. 5. ACCUMULATION OF WASTE PROHIBITED (1) All owners or occupants are hereby required to remove and dispose of all garbage, ashes and refuse originating on their lands or premises which are not PAGE 5 OF BYLAW NO. 1805 collected, removed and disposed of pursuant to this Bylaw, and in default of their so doing, the City may remove and dispose of such garbage, ashes and refuse at the expense of such owners or occupants. (2) Garbage, ashes and refuse referred to in section 5(1) shall be removed to and disposed of in the Sanitary Landfill site maintained by the City subject to the regulations established by the City therefor, and the person so removing and disposing of same shall pay the charges specified in Schedule "A". 6. REMOVAL AND/OR DISPOSAL OF WASTE BY THE CITY (1) The City shall regulate the removal and disposal of waste within the City. (2) The City may accept for disposal waste generated outside the City limits. (3) The City may contract out the collection of all waste or part of the waste within the City. 6.1 WASTE DIVERSION Amended by: (1) The General Manager is authorized to design, implement, maintain, publicize Bylaw 4479 and promote a program that provides residents of Medicine Hat with May 23, 2018 an opportunity to divert Source Separated Organic Waste away from the Sanitary Landfill and may, subject to the approval of the CAO, enter into contractual arrangements with one or more persons, corporations, firms or other organizations, from private, government or not-for-profit sectors for this purpose. Amended by: (2) Repealed. Bylaw 4479 May 23, 2018 Amended by: (3) Each consumer shall pay a monthly waste diversion charge in the amount set Bylaw 4652 out in Schedule "B" to this Bylaw. Dec. 8, 2020 (4) The revenues obtained from the waste diversion charge shall be applied to fund the cost of the waste diversion program. (5) The waste diversion charge shall constitute a separate utility charge on the monthly utility bill of each consumer, payable at the same times and in the same manner as other monthly City utility fees or charges. 7. DISPOSAL SITES (1) The City shall operate and maintain a Sanitary Landfill site located in Section 3, Township 13, Range 5, W4M. Amended by: (2) The General Manager shall decide as to what classes of waste shall be Bylaw 3082 accepted. Mar. 18, 1997 (3) The City will from time to time have disposal sites available for certain kinds of inorganic wastes. Amended by: (4) The General Manager shall decide and have posted at the site what kinds of Bylaw 3082 wastes are allowed on any disposal site. Mar. 18, 1997 8. CONVEYANCE OF WASTE THROUGH CITY PAGE 6 OF BYLAW NO. 1805 No person shall convey through the highways any garbage, or offal from butcher shops or slaughter houses, or any waste or organic matter whatever except in properly covered receptacles or otherwise in vehicles which are covered or otherwise constrained so as to prevent the contents of any of them from falling on the highways, to protect the contents from flies and to control as much as practicable the escape of any offensive odours therefrom. 9. USE OF SANITARY LANDFILL SITES (1) No waste delivery or deposit for disposal shall be made before or after the regular operating hours of the Sanitary Landfill site on any day. These hours shall be posted at the site. Amended by: (2) Waste delivered for disposal shall be deposited in the place and in the Bylaw 3082 manner directed by the General Manager. Mar. 18, 1997 Amended by: (3) Unless a person has the written permission from the General Manager Bylaw 3082 no one shall: Mar. 18, 1997 (a) remove any waste product deposited in the Sanitary Landfill site; (b) cut and/or remove any part of a disposed motor vehicle in the Sanitary Landfill site. (4) No person shall ignite any waste product at the waste disposal sites. Amended by: (5) No person shall deposit any burning or smoldering material at a waste Bylaw 3082 disposal site without the consent of the General Manager Mar. 18, 1997 Amended by: 10. Repealed. Bylaw 3293 June 20, 2000 11. No person shall deliver a motor vehicle or any part thereof to any place other than the designated area in the Sanitary Landfill site. 12. A person who after delivering refuse or waste to a City Sanitary Landfill site neglects or refuses to pay, on demand, the charges or fees specified in Schedule "A" is guilty of an offence. 13. DISPOSAL OF DEAD ANIMALS No owner or person in charge shall permit any deceased animal to remain on any highway to obstruct the same, or to remain undisposed of for longer than 4 hours after death. The owner or person in charge of the deceased animal shall be responsible for the charges incurred in connection with its disposal. (a) A person having a dead cat, dog, rabbit or other small animal shall take the same to the City's Sanitary Landfill site for disposal. Amended by: (b) No person shall bring a dead horse, sheep, pig, cow or the carcass of any Bylaw 3082 other large animal for disposal at the City Sanitary Landfill site unless that Mar. 18, 1997 person has made suitable arrangements with the General Manager prior to his so doing. Amended by: 14. Repealed. Bylaw 2703 PAGE 7 OF BYLAW NO. 1805 Aug. 10, 1992 15. TIME OF COLLECTION Amended by: Collection of waste materials shall be made on such days and at such times Bylaw 3082 as the General Manager shall direct, subject to the approval of the City Mar. 18, 1997 Council. Amended by: 16. RESIDENTIAL WASTE COLLECTION Bylaw 4479 May 23, 2018 (1) All Residential Waste and Residential Recyclables set out for collection shall conform to the provisions of this section. (2) All Residential Waste must be placed inside a Residential Waste Cart, except Yard Waste which may be placed in a Yard Waste Cart in accordance with the terms of this Bylaw. (3) Only Residential Waste may be placed in a Residential Waste Cart. (3.1) Only Residential Recyclables may be placed in a Residential Recycle Cart. (3.2) Only Yard Waste may be placed in a Yard Waste Cart. (4) A Cart set out for collection shall conform to set out standards established by the CAO from time to time, which are necessary, in the opinion of CAO, to promote: (a) efficiency in collection of Residential Waste and Residential Recyclables; (b) the safety of residents, motorists, pedestrians and Collectors; (c) the safe and efficient use of Automated Collection trucks; and (d) protection of the environment. (5) If the CAO approves the use of a container pursuant to subsection (2), the bag shall conform to set out standards established by the CAO from time to time, having regard to the considerations identified in subsection (4). (6) A Cart shall: (a) not be filled in such a manner so that the manufacturer's rated weight limit is exceeded; (b) not be filled higher than the upper rim or in a manner which prevents full closure of the lid; (c) not have its contents compressed in such a manner that it inhibits the Residential Waste or Residential Recyclables from falling freely from the Cart during the regular tipping process; (d) not contain any material which might adhere to the Cart, unless such material is separately wrapped or disposed of within individual disposable wrappings prior to being placed in the Cart; (e) be maintained in a reasonably clean and sanitary condition; (f) be kept on the premises for which the Cart was supplied when not set out for collection; and (g) be kept with the lid closed except when depositing Residential Waste or Residential Recyclables in order to reduce odors and prevent litter. (7) The CAO may: (a) authorize an exception to any of the provisions of this Bylaw, including the set out standards established by the CAO; or (b) direct that Residential Waste and Residential Recyclables be set out in a manner that varies from the provisions of this Bylaw, including the set out standards established by the CAO, PAGE 8 OF BYLAW NO. 1805 if, in the CAO's opinion, the exception or direction is reasonably required having regard to the considerations set out in subsections (4). (8) The General Manager may approve a request for a deviance from the requirements of subsections (1) to (7) on a one-time or ongoing basis and applicable either to existing premises or to proposed new developments, if in the General Manager's opinion the requested deviance makes practical sense in the circumstances and does not materially increase the risk of injury to a collector or unduly impact upon the efficiency of collection operations, provided however that the General Manager does not have the authority to approve the use of any Cart that exceeds the weight limit set out in clause (a) of subsection (3). (9) No waste, other than Residential Waste placed in a Residential Waste Cart, Yard Waste placed in a Yard Waste Cart, or Residential Recyclables placed in a Residential Recycle Cart, in compliance with the provisions of this Bylaw, will be picked up by Collectors in any area that is intended to be serviced by Automated Collection. (10) A substance or thing that is not Residential Waste or Residential Recyclables will not be picked up by collectors. (11) Notwithstanding any other provision of this Bylaw and irrespective of whether a substance or thing is Residential Waste or Residential Recyclables, it shall not be placed in a Cart and will not be picked up by collectors if it is: (a) more than 4 feet (120 centimetres) long at any point; (b) a tire, or any kind of automotive part; (c) the whole or any part of a fence or gate or furniture, or any lumber, drywall, or other kind of building material, (d) metal pipe, tubing or any large appliance or plumbing fixture such as a toilet, sink, tub, refrigerator or range; (e) hazardous waste; (f) a substance or thing, not classed as hazardous waste, that may put thehealth or safety of collectors at risk, including without limitation: (i) broken glass, needles, razor blades or other sharp objects; (ii) an animal carcass, or human or animal feces; (iii) sawdust, ashes, or any other kind of powdery material that may blow into the face of a collector; unless such substance or thing is securely contained within a Cart so that collectors do not come into direct contact with it. (12) A person that: (a) sets out for collection any Residential Waste or Residential Recyclables at a place, in a manner or in a container that contravenes a provision of this section; (b) sets out for collection any substance or thing that is not Residential Waste or Residential Recyclables or that is not collectable under the provisions of subsection (11); or (c) allows any substance or thing described in clause (a) or (b) of this subsection to remain set out at or adjacent to premises occupied by the person as a Dwelling House is guilty of an offence punishable upon summary conviction. (13) Yard Waste will be collected on a seasonal basis, commencing and ending on dates decided by the CAO and advertised annually. (14) Tree or branch prunings placed in a Cart shall be less than five (5) centimeters PAGE 9 OF BYLAW NO. 1805 in diameter and less than one (1) meter in length. (15) All Yard Waste shall be loosely contained in the Yard Waste Cart, and bagging or bundling of Yard Waste with string, ties or tape is not permitted. (16) All Residential Recycling shall be loosely contained in the Residential Recycle Cart, and bagging Residential Recyclables in opaque bags or bundling of Residential Recyclables with string, ties or tape is not permitted. Amended by: 16.1 Repealed. Bylaw 4479 May 23, 2018 16.2 RESTRICTION ON COLLECTION SERVICE Amended by: (1) The City may suspend collection service if Residential Waste or Residential Bylaw 4479 Recyclables is set out for collection in a manner that contravenes any May 23, 2018 provision of this Bylaw, including a set out standard established by the CAO, but such suspension shall not waive any requirement or abate or waive any fees or charges under the provisions of this Bylaw. Amended by: (2) Repealed. Bylaw 4479 May 23, 2018 Amended by: (3) Repealed. Bylaw 4479 May 23, 2018 16.3 ADDITIONAL RESPONSIBILITIES OF CUSTOMERS Amended by: (1) Every person to whom the City provides a Cart shall. Bylaw 4479 (a) clean up spillage originating from the Cart; May 23, 2018 (b) notify the Solid Waste Utility forthwith if the Cart is damaged or stolen; (c) pay the applicable fees set out in Schedule "A" to this Bylaw. (2) A person who requests a Service Change shall pay the Service Change Fee set out in Schedule "A" to this Bylaw. Amended by: (3) A person who requests an additional Cart, shall pay the additional fee as set Bylaw 4479 out in Schedule "A" to this Bylaw. May 23, 2018 Amended by: (4) Any person to whom the City provides a Cart who Bylaw 4479 (a) does not comply with a direction of the CAO; May 23, 2018 (b) sets out for collection any Residential Waste or Residential Recyclables at a place, in a manner or in a container that contravenes a provision of this Bylaw, including any set out standard established by the CAO; (c) sets out for collection a substance or thing that is not Residential Waste or Residential Recyclables or that is not collectable under the provisions of subsection 16.2(3); or (d) otherwise fails to comply with a provision of this Bylaw; is guilty of an offence punishable upon summary conviction. Amended by: 17. Repealed. Bylaw 3240 July 6, 1999 18. (1) Any person carrying out the construction, alteration or demolition of buildings or other building operations shall: (i) remove from any portion of the street and from any public place PAGE 10 OF BYLAW NO. 1805 adjacent to such work, all earth, rubbish or waste materials, which have been deposited thereon, and; (ii) have a waste receptacle on the site and shall keep the site clean. (2) A person using a cart, wagon, truck or other vehicle for building operations shall remove from the streets all earth, rubbish or other waste material which may drop from the wheels of such vehicles. 19. For the purposes of performing the duties assigned by this Bylaw, every collector and inspector appointed by the City may enter land from which the City is required to remove waste at all times between seven o'clock in the morning and five o'clock in the afternoon. Amended by: 20. Repealed. Bylaw 3240 July 6, 1999 Amended by: 21. Repealed. Bylaw 3240 July 6, 1999 Amended by: 22. Repealed. Bylaw 3240 July 6, 1999 Amended by: 23. Repealed. Bylaw 3240 July 6, 1999 24. RIGHT OF ENTRY All authorized collectors of waste may enter yards and premises of any person at all reasonable times for the purpose of carrying out their duties. Amended by: 25. AUTHORIZED COLLECTORS Bylaw 4479 May 23, 2018 (1) No person other than authorized collectors of waste shall interfere with or disturb the contents of any Cart after it has been placed for collection. All refuse placed for collection pursuant to the terms of this Bylaw becomes the property of the City of Medicine Hat. (2) No person shall collect or dispose of any ashes, garbage or waste as defined herein except under the provisions of this Bylaw. 26. CLEANLINESS OF PREMISES (1) No person shall create or maintain or permit the existence of an unsanitary or unsightly condition on or at any lands or premises within his control or management. Amended by: (2) Where the General Manager or the City Bylaw Enforcement Officer becomes Bylaw 3082 aware of any unsanitary or unsightly condition, he shall cause to be served Mar. 18, 1997 on the party responsible written notice to abate the unsanitary or unsightly condition. (3) Upon default the City may remedy the unsanitary or unsightly condition and charge the cost thereof against the person in default and recover the cost as a debt due from the person to the City. 27. RECOVERY OF EXPENSES AND PROSECUTION OF OFFENDERS PAGE 11 OF BYLAW NO. 1805 If the charges to be paid by the owner or occupant of any land from which waste is removed pursuant to the provisions of this Bylaw are not paid or if the owner or occupant of any land from which such waste is to be removed refuses or neglects to do anything required to be done by him hereunder, the same may be done by the City at the expense of the person so in default and the City may recover the charges for which the owner or occupant is liable for the expense of doing such act with the costs of action against such owner or occupant in any court of competent jurisdiction or by levying the same against the land from which the waste was removed in the same manner as municipal taxes. 28. Wherever in this Bylaw it is directed that an owner or occupant of any building or premises shall do any matter or thing, then in default of its being done, either of owner or occupant or both, or if there are several owners or occupants, any or all of such owners or occupants shall be liable to prosecution; and it shall be no defence for any owner or occupant so prosecuted to allege that any other person is responsible for such default. 29. PENALTIES Amended by: (1) Where a Bylaw Enforcement Officer believes on reasonable and probable Bylaw 4479 grounds that a person has contravened any provision of this Bylaw he may May 23, 2018 commence proceedings by issuing a summons by means of a violation ticket in accordance with Part 2 or Part 3 of the Provincial Offences Procedure Act R.S.A. 2000, Chapter P-34. (2) The specified penalty payable in respect of a contravention of this Bylaw, with the exception of a contravention of subsection 18(1) or 18(2), is one hundred ($100.00) dollars. (3) The specified penalty payable in respect of a contravention of subsection 18(1) or 18(2) is five hundred ($500.00) dollars. (4) Pursuant to Section 27(2)(d) of the Provincial Offences Procedure Act, if the summons issued by a Bylaw Enforcement Officer under subsection (1) so provides, the person named in a summons may make a voluntary payment in the specified amount set out in subsection (2) or (3) as the case may be, and upon making the voluntary payment, that person is not required to appear before a justice to answer the summons. Amended by: 29.1 (1) A person who contravenes any provision of this Bylaw, except Bylaw 3642 subsection 18(1) or 18(2), is guilty of an offence and liable upon Sept. 20, 2005 conviction to pay a fine of not less than one hundred ($100.00) dollars and not more than ten thousand ($10,000.00) dollars or in default of payment to imprisonment for a period of not more than one year. (2) A person who contravenes subsection 18(1) or 18(2) of this Bylaw is guilty of an offence and liable upon conviction to pay a fine of not less than five hundred ($500.00) dollars and not more than ten thousand ($10,000.00) dollars or in default of payment to imprisonment for a period of not more than one year. (3) Payment of any fine or imprisonment for any period of time, pursuant to the provisions of this Bylaw, shall not relieve any person from the obligation to pay any fines, charges or costs for which that person is liable under the provisions of this Bylaw. PAGE 12 OF BYLAW NO. 1805 (4) Payment of any fine or imprisonment for any period as provided for in this Bylaw shall not relieve any person from any civil liability whatsoever which may arise by reason of that person's contravention of any provision of this Bylaw. 30. HEALTH AND FIRE BYLAWS NOT SUPERSEDED Nothing in this Bylaw shall be deemed to nullify, amend, supersede or repeal any provisions of the Bylaws relating to fires or to public health but in the event of any conflict between such Bylaws and this Bylaw, the provisions of this Bylaw shall be modified only to the extent necessary to give effect to the fire or health Bylaws; the more stringent provisions shall be followed. 31. Bylaw No. 2092 and 1286 and all amendments thereto are hereby repealed. 32. This Bylaw shall take effect on the day of the final passing thereof. READ A FIRST TIME in Open Council this 6th day of December, A.D. 1976. READ A SECOND AND THIRD TIME AND FINALLY PASSED in Open Council this 20th day of December, A.D. 1976. PAGE 13 OF BYLAW NO. 1805 SCHEDULE "A" TO BYLAW NO. 1805 AS AMENDED BY BYLAW NO. 4838 - DECEMBER 17, 2024 (Effective January 1, 2025) All rates and charges set out in this Schedule are payable by the customers to whom they apply, irrespective of the volume of waste (if any) generated at a given time, or over a period of time, by the customer for pick-up and disposal by the City. 1. RATES FOR RESIDENTIAL WASTE REMOVAL: (A) Basic residential rate (per unit / per day): Effective January 1, 2025 Effective January 1, 2026 $0.5796 $0.5941 (Note: This rate applies to detached single family homes, duplexes, triplexes and fourplexes. All other buildings used in whole or in part for residential occupancy will be charged on the basis of the centralized pick-up rate, where applicable, or at commercial/industrial rates based on the number and capacity of bins, and frequency of service.) (B) Rate for centralized collection (per unit / per day): Effective January 1, 2025 Effective January 1, 2026 $0.4864 $0.4986 (Note: This rate applies to residential buildings containing more than four dwelling units where all Residential Waste Carts and Yard Waste Carts are placed in a centralized location for collection. If more than one collection per week is required, the amount charged will be the monthly rate per unit multiplied by a factor equal to the number of collections per week, on average.). A customer whose Residential Waste or Residential Recyclables is collected in the manner described in this paragraph, shall comply with the provisions of this Bylaw pertaining to Residential Waste collection or Residential Recyclables collection, as the case may be, including the set out standards established by the CAO from time to time. (C) Additional Residential Waste Cart rate (per unit / per day): Effective January 1, 2025 Effective January 1, 2026 $0.5796 $0.5941 (D) Residential Recycle Cart rate (per unit / per day): Effective January 1, 2025 Effective April 1, 2025 $0.2775 $0.00 PAGE 14 OF BYLAW NO. 1805 2. RATES FOR COMMERCIAL/INDUSTRIAL WASTE REMOVAL: (A) Rate for customers without bins (per day): Effective January 1, 2025 Effective January 1, 2026 $0.9003 $0.9228 (Note: This rate applies to commercial/industrial premises that are not included in arrangements with the Solid Waste Utility for centralized pick-up. Where such arrangements have been made the rate/unit/month will be the same as the rate for centralized pick-up at residential premises, and will be subject to the same provisions for an increased charge if more than one pick-up per week is required.) (B) Rates for customers with 3 yd3 capacity bins: For each weekly pick-up (per bin / per day) Effective January 1, 2025 Effective January 1, 2026 $3.6328 $3.7236 (C) Rates for customers with 1.5 yd3 capacity bins: For each weekly pick-up (per bin / per day) Effective January 1, 2025 Effective January 1, 2026 $1.8164 $1.8618 (D) Rate for extra bin pickup (per bin / per pickup) Effective January 1, 2025 Effective January 1, 2026 $27.63 $28.32 (E) A customer who requests the City to unlock a commercial bin or to open a gate in order to access a bin shall be charged a fee at the rate of $7.50 per five minutes of additional driver time, or portion thereof, for each pick-up pursuant to paragraph 2(B), 2(C) or 2(D). The fee for each customer shall be based on the City's estimate of the additional driver time required in order to access the bin. PAGE 15 OF BYLAW NO. 1805 3. TIPPING FEE FOR WASTE DISPOSAL AT SANITARY LANDFILL SITE Landfill Disposal Rates (per tonne): Waste Type Effective January 1, 2025 Effective January 1, 2026 (A) Basic Sanitary Waste $95.00 $100.00 (B) Non-Residential Yard Waste $25.00 $25.00 (C) Clean Wood $25.00 $25.00 (D) Clean Drywall $25.00 $25.00 (E) Metal $25.00 $25.00 (F) Asbestos *Plus Waste Requiring Special Handling Fee $175.00* $175.00* (G) Appliances Containing Chlorofluorocarbon (CFC) $20.00/item $20.00/item (H) Bulky items (mattress, sofa, etc.) $15.00/item $15.00/item (I) Waste Requiring Special Handling $65.00 $65.00 The minimum tipping fee shall be $8.00 per vehicle. A surcharge of $20.00 will be placed on any load that is not properly secured. 4. OTHER FEES AND CHARGES (A) Customer requested Service Change $50.00 (B) Replacement of lost or stolen cart actual cost (C) Repairs to damaged cart actual cost (Note: The customer will be charged for repairs or replacement if the cart was lost, stolen or damaged due to the customer's neglect, as determined by the CAO.) PAGE 16 OF BYLAW NO. 1805 SCHEDULE "B" TO BYLAW NO. 1805 AS AMENDED BY BYLAW NO. 4838 - DECEMBER 17, 2024 (Effective January 1, 2025) WASTE DIVERSION CHARGE 1. Subject to Section 2 of this Schedule, the waste diversion charge, pursuant to Section 6.1(3) of this Bylaw, is: Effective January 1, 2025 Effective January 1, 2026 $0.0847 per day $0.0869 per day 2. Where the owners or occupants of residential premises within a building containing more than one residential premises do not receive utility bills, the person receiving monthly utility bills for the building in which the residential premises are located will pay the waste diversion charge and, in addition, pay the waste diversion charge multiplied by the number of residential premises in the building.