902-22 COLLECTION AND DISPOSAL OF GARBAGE, REFUSE, AND WASTE BYLAW — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 1e903f6cbda9 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## TOWN OF OYEN PROVINCE OF ALBERTA BY-LAW NO. 902-22 ## A BY-LAW OF THE TOWN OF OYEN TO PROVIDE FOR THE COLLECTION AND DISPOSAL OF GARBAGE, REFUSE AND WASTE PRODUCTS WITHIN THE MUNICIPAL BOUNDARIES OF THE TOWN OF OYEN AND SETTING RATES THEREFORE. WHEREAS, pursuant to Section 199 of the Municipal Government Act, being Chapter M-26 of the Revised Statutes of Alberta, 1980, including amendments thereto, a Council may pass By-Laws to provide for the collection, removal and disposal of garbage, refuse and waste; AND WHEREAS the Town of Oyen has entered into an agreement with the Big Country Regional Waste Authority for the establishment and operation of a regional waste transfer station to replace the sanitary landfill site; AND WHEREAS the Council of the Town of Oyen deem it expedient to pass a by-law to provide for the defining of and regulation and disposal of refuse, garbage and waste in the Town of Oyen; NOW THEREFORE, the Council of the Town of Oyen duly assembled enacts as follows: ## SECTION 1 - OPERATION - 1.1 This Bylaw shall be known as the Garbage Bylaw and thesystem for collection, removal and disposal of garbage, refuse and waste material accumulated within the Corporate Limits of the Town o yen shall be operated in the manner herein set forth ## SECTION 2 - DEFINITIONS - 2.1 For the purpose of this By-Law the following terms, phrases, words and their derivations shall have the meanings given herein. - (a) "Apartment House" means a residential building divided into separate self- contained suites or apartments having sleeping, cooking and bathroom or toilet facilities and which contains more thar three such suites or apartments and may include, but is not limited to, structures known as Town houses or Rowhouses. - (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 operation - (c) "Building Waste" means all waste produced in the process of construction, altering or repairing a building, including earth, vegetation and rock displaced during the process of building. - (d) "Commercial Premises" means a cafe or restaurant, hospital, nursing home, lodge, school, recreation center, warehouse, wholesale or retail business place, office building or service station, factory or industrial plant and any other building or premise except a dwelling - (e) "Council" means the Municipal Council of the Town of Oyen. - (f) "Disposal Grounds" means the waste transfer station - (g) "Dwelling" means a building occupied for residential purposes, (separately titled property - single family, duplex, and row housing) other than a multiple family dwelling or apartment house. - (h) "Garbage" means discarded or rejected bottles, metal cans or tins, crockery, glass, cloth, paper, food and food waste, trees, r branches, wrappings, sweepings and other items of household refuse, but does not include human or animal excrement, or in dustrial/commercial waste or dead animals therefrom. - (1) "Garbage Can or Receptacle" means a circular receptacle constructed of a water-tight, non-corrosive durable metal or plastic; equipped with a tight fitting or clasped cover constructed of the same material, and handles for lifting. Such receptacles shall be: - (1) no more than 90 centimetres (36") or less than 50 centimetres (20"') in height; and 3. (ii) no more than 60 centimetres (24") or less than 40 centimetres (16"') in diameter; and 4. (iii) no more than 13.5 kilograms (30 pounds) in weight when filled. 5. (i) "Garbage Stand" means a wooden or metal stand or enclosure designed to hold all garbage cans required by the premises for which the stand is provided, and which shall be designed so as to keep all garbage cans in an upright position at all times, and protected from interference from dogs or other animals; its height above ground shall not exceed 60 centimetres (23.6") 6. (k) 7. (m) "Prohibited Waste" means: - automobile Parts ive wore ian, a sod, concrete, soil, inflammable waste, - biological waste, hazardous waste, pathological waste and radioactive waste as defined pursuant to the Public Health Act and its regulations; and 10. other materials, the collection of which are potentially dangerous to collection Personnel 11. (n) "Public Health Inspector" means the Public Health Inspector designated by the South Zone of Environmental Public Health Alberta Health Services. - (0) "Recyclable" means: 13. Cardboard to be taken to recycle bins 14. : Yard waste to be taken to the compost pile 15. (p) "Street" means public thoroughfares within the Town and includes, where the context allows, the sidewalk and borders of the streets, lanes and other public thoroughfare. - (9) "Town" means the Corporation of the Town of Oyen. 17. (r) "Town Manager" means the Chief Administrative Officer of the Town of Oyen. 18. (s) "Waste" means all table and kitchen refuse, all waste foods whether of animal or vegetable origin, and other like putrescible waste or decomposing matter and includes broken dishes, tins, or other refuse which the owner or possessor thereof does not wish to retain or is not retained for any useful purpose, but does not include Prohibited Waste. - (t) "Yard Waste" means grass cuttings and other garden refuse. ## SECTION 3 - AGREEMENTS - 3.1 The Council of the Town of Oyen may enter into agreements with the Regional Waste Authority, Special Areas or other municipalities for the obtaining of or operation of a regional waste transfer site. - 3.2 The Council of the Town of Oyen may enter into agreements with other firms or individuals to provide for the collection and disposal of the whole or a portion of the garbage and refuse accumulated within the corporate imits of the Town of Oyen and such firms or individuals shall hav exclusive rights within the Town of Oyen to perform such service. ## SECTION 4 - COLLECTION GENERAL - 4.1 The Town shall provide for pick-up of residential and commercial wastes once a week (every seven days) except in conditions beyond the Town's control. - 4.2 Industrial waste and building waste disposal shall be the responsibility of the owner/operator. - 4.3 Recyclable and yard waste disposal shall be the responsibility of the householder/business - 4.4 When a dwelling or commercial establishment generates refuse in excess of 4 bags per week, the owner/occupant shall attend at the Town office to purchase additional tags for pick up. - 4.4 Solid waste and refuse from stores, restaurants, hotels, service stations and garages, or such other places of business as the Council may designate, will be removed by the Town more frequently than once each week upon the making of a contract for such service, in such form as the Council may require, and upon payment by the owner and/or operator of any such contracting business place of the fee where service is requested 3 days per week (except Sundays and Statutory Holidays) · - 4.5 No person or persons shall deposit any garbage, refuse or any materia in a garbage stand or commercial container that is not his/her own or under his/her direct control. - 4.6 No person shall bring into the Town of Oyen any garbage or refuse for collection or disposal. ## SECTION 5 - COLLECTION PROCEDURE - 5.1 No person, being the owner, occupant, tenant or person in charge of any building or premises in the Town shall put out or permit to be put out any garbage, refuse, trade refuse, or waste for collection unless such waste is first contained in garbage receptacles in good condition and designed for that purpose, or in such other container as is specifically permitted ed fois - 5.2 No person other than the owners or occupants or those appointed by the owners or by the Council to collect waste shall interfere with or disturb the contents of any receptacles or other waste placed for collection. - 5.3 No garbage collection shall be made from the inside of any building or from the basement or upper floors of any multiple dwelling. - 5.4 The Town shall not be required to remove any waste material from any receptacle which with its contents exceeds 13.5 kilograms (30 Pounds) in weight. - 5.5 The Town shall not be responsible for picking up any ashes. - 5.6 Cardboard must be flattened and taken to the garbage recycle bins by the householder/business - 5.7 Yard waste must be taken to the compost pile by the householder/business ## Location of Receptacles - 5.8 No person shall place or keep or permit to be placed or kept any receptacles for waste upon any lane, street, sidewalk or highway within the Town of Oyen. - All garbage receptacles shall be placed for collection at a location as close as possible to the travelled portion of the adjacent street or lane, but not on a sidewalk or in such a location as to interfere in any way with vehicle or pedestrian traffic. - 5.10 The Town Manager shall be the final authority on placement of garbage containers in case of a dispute. ## SECTION 6 - PREPARATION OF WASTE FOR COLLECTION - 6.1 No person shall put out waste material or garbage for collection unless: - (a) Garbage and waste from any establishment is thoroughly drained and securely wrapped in sufficient paper to absorb the moisture or placed in plastic bags which are properly tied before being put in receptacles for collection. - (b) offensive household refuse is securely tied in bundles and place ithin or beside the aarbage or waste recentacles for remov - (c) Shrubs and trees are compacted and securely tied in bundles, an laced beside the waste receptacles, the weight of eac bundle, etc. not to exceed 13.5 kilograms (30 pounds) ir veight nor 1.2 meters (4 feet) in length - (d) Rags and cast-off garments are tied securely in bundles and placed within or beside garbage or waste receptacles for removal. - (e) Each bundle is equivalent to one bag when calculating number of bags allowable per week. ## SECTION 7 - PROHIBITIONS - 7.1 Under the provisions of the by-law no person who is the owner, occupant or person in charge or responsible for any land or building in the Town shall allow waste of any kind to accumulate: - (a) utside of a building or inside of a portion to which the public or a par of the public has access; or - (b) on any land or other premises whether or not there is a building or other structure erected thereon; EXCEPT for waste which is placed: - (c) in receptacles required by this by-law; in a manner complying with the provisions of this by-law; and - (d) in a location designated or allowed by the provisions of this by-law. - 7.2 Notwithstanding anything in Section 7.1 or elsewhere in this by-law contained, no person shall dispose of waste or allow waste to accumulate anywhere in any manner which contravenes a provision of the Public Health Act, and the regulation made thereunder, or a by-law of the Town relating to health, sanitation or nuisances. - 7.3 - 7.4 Except for sand, cinders or similar materials in reasonable quantities placed on icy or slippery streets or sidewalks, no person shall deposit or permit to be deposited waste of any type whatsoever upon any portion of a street. - No person shall throw, sweep or place dust or other waste from any sidewalk or boulevard into any gutter or any other part of a street but shall gather up such dust or other waste and place it into the proper receptacle provided therefore. - 7.6 No person shall permit any deceased animal to remain on any street or highway to obstruct the same, or to remain un-disposed for longer than four hours after death. Small animals double bagged and secured tightly or placed in an airtight container so as to prevent contamination of garbage collection equipment and health hazards may be placed for pick up. Larger animals are the responsibility of the owner to dispose of - 7.7 No person shall place for collection pet manure which is not enclosed in a suitable, airtight container so as to prevent contamination of garbage collection equipment and health hazards. ## SECTION 8 - PROVISIONS FOR GARBAGE STANDS AND RECEPTACLES - 8.1 Every householder within the Town limits shall provide a garbage stand with sufficient number of garbage cans or receptacles to hold seven days garbage or refuse from his/her domicile as approved by Council. - 8.2 If the household from which waste is to be removed wishes to keep the garbage indoors until the morning of collection day, than they do not have to provide a stand. If however, the garbage bags placed for collection become torn and garbage scattered, the Town may by written notice direct any person to promptly provide garbage stands, additional garbage cans or other approved receptacles or to provide such receptacles in a proper condition where the Town considers either that the number of approved receptacles or their condition is inadequate or insufficient in practice to meet the intent of this by-law. - 8.3 When any garbage can has been condemned by the Town Manager and a written notice to that effect has been given to the householder, the condemned garbage can may be removed and disposed of along with the garbage from the premises in which case the householder shall forthwith provide a suitable garbage can to replace the one that has been condemned and removed at his/her expense. ## SECTION 9 - INDUSTRIAL AREAS - 9.1 Industries shall be responsible for their own industrial waste disposal. - 9.2 Industrial wastes must be kept in an area blocked from public view and stored in such a way that it does not become a public nuisance until such time as it is disposed of. - 9.3 Owner and/or occupant of industrial premises may provide commercial and industrial containers for private contract for collection of refuse, garbage or industrial waste. - 9.4 Where wastes are not excessive, permission may be given to utilize Town pickup services at an agreed upon rate. ## SECTION 10 - CONSTRUCTION ON DEVELOPMENT SITES - 10.1 Contractors and/or Developers are responsible for disposal of their own construction debris (rubbish). - 10.2 Debris on sites must be stacked on sites so as not to cause nuisance, fire hazard, or injuriously affect the privacy of adjoining properties. - 10.3 Debris on sites must be contained and not allowed to spill over or accumulate on any street, lane or property. Every such persor shall be fully responsible for any violation of this section - 10.4 removal of soil or debris and cleaning of same. - 10.5 All major construction projects (new houses, major house renovations and commercial type buildings) may be required to have a Commercial container on the construction site during construction. ## SECTION 11 - PRIVATE DISPOSAL OF WASTE - 11.1 No person who has waste of any description requiring disposal shal dispose of it elsewhere than at a disposal site of a type appropriate for the type of waste. - 11.2 A person who has disposed of waste on any land contrary to the provisions of Section 12 of the by-law, shall remove the same upor being required to do so by the owner, occupant or person in charge of the land, or by the By-law Enforcement Officer, b ut such removal shall not prevent him from being prosecuted for a contravention of this section. - 11.3 If the person who has placed waste on land contrary to the provisions of Section 12 of this by-law cannot be ascertained or neglects or refuses to remove the waste therefrom; the owner, occupant or person in charge of the land shall remove the waste or cause the waste to be removed from the land upon being directed to do so by the Town Manager. ## SECTION 12 - CONVEYANCE OF WASTE - 12.1 A person using a vehicle of any description to convey waste of any type whatsoever from the property where the waste is accumulated or is produced to any other location either within or without the Town, whether the same is to be placed into a Town Disposal site or not, shall cover the box, body or portion of the vehicle in which the waste is transported by a tarpaulin, canvas, wooden covering or a covering of any other description which is so placed and secured so that no portion of waste is able to come loose from the vehicle and fall on any public or private property other than that from which it is removed - 12.2 A person who transports waste through the Town by a vehicle of any description in a manner so that any portion of the waste detaches itself from the vehicle and falls on property other than property from which it is taken is guilty of an offense against this by-law. ## SECTION 13 - BURNING REGULATION - 13.1 No burning of garbage or waste shall be allowed within the boundaries of the Town of Oyen. ## SECTION 14 - SPRING OR FALL CLEAN-UP - 14.1 Council may at any time call for a Spring or Fall Clean-up. - 14.2 The Town may, at no extra charge to the residents, provide these extra pick-ups where the provisions of this by-law are met (bagging, bundling, etc.). - 14.3 Residents will be so advised of the special pick-ups in one or more of the following manners: - a) by insertion of advice in the water bill, flyer, local newspaper, facebook and/or website at least one week prior to the dates. ## SECTION 15 - REFUSAL OF SERVICE r - 15.1 Non-payment of invoices or bills or any contravention of this By-Law shall result in cessation of services. - 15.2 - 15.3 Service may be refused for any other reason deemed sufficient and reasonable by Council. ## SECTION 16 - CHARGES - 16.1 The charges for a municipal utility service provided to a parcel of land are an amount owing to the municipality by the owner of the parcel. - 16.2 The charges for a municipal utility service shall be due and payable 25 days after billing, after which a late payment penalty will be applied. - 16.3 The service charge to the consumer for Municipal Garbage Service, a late charge penalty for arrears and other fees for the Municipal Utility Service or System are set out in Appendix "A" of this By-Law. - 16.4 When an account is in arrears the Town may, cause the amount owing to be placed on the tax roll as an additional tax against the land concerned, and it shall be collected in the same manner as taxes ## SECTION 17 - PENALTIES - 17.1 Where any person is alleged to have breached any of the provisions of this by-law, the By-Law Enforcement Officer or any official designated by Council may serve upon such person a violation tag specifying the offence and requiring payment to the Town of an amount specified on the - 17.2 Any violation tag issued under the provisions of this by-law shall be deemed to be sufficiently served if served personally upon the persor alleged to have committed the offence or upon the owner, occupier or ther person in charge of the premises upon which the offence is allege o have been committe - 17.3 (two hundred dollars), exclusive of costs, for each offence, and in default of payment thereof to imprisonment for a period not exceeding 60 (Sixty) days. - 17.4 Any person violating any provision of this by-law, and to whom a violation tag has been issued, may avoid prosecution for the offence by paying the prescribed penalty as set out in Schedule "A" of this by-law, within 30 days, as indicated on the violation tag. ## SECTION 18 - BILLING - 18.1 A charge for garbage collection and for the operation an d maintenance of the Regional Waste Transfer Site shall be included in the water billing mailed from the Town Office every month and where there is no billing for water service specifically, billing for garbage rates will be handled in the same manner as though there was a water billing ## SECTION 19 - SCHEDULE - 19.1 All Schedules shall be deemed part of this Bylaw. Schedule "A" Rates. - 19.2 Schedule "B" indicates garbage pickup days. ## SECTION 20 - INTERPRETATION | 20.1 | 3ylaw 620 and any amendments thereto are hereby repealed upon th ffective date of this Bylav | |--------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | 20.2 | Except as expressly provided herein, nothing in this Bylaw shall b leemed to supersede or contradict relevant Provincial or Federal law including legislation, regulations, and permits granted there under and, here provisions of this Bylaw are inconsistent with the releva ovincial and Federal laws, those provisions under this Bylaw sh | | 20.3 | If any provision of this Bylaw is declared or held to be invalid by a Court of competent jurisdiction, that provision shall be deeme to be severed, and the remainder of the Bylaw shall remain ir force and effect. | ## SECTION 21 - ENACTMENT - 21.1 This By-Law shall take effect January 1, 2023. READ A FIRST TIME this 9th day of August, 2022. READ A SECOND TIME this 11 day of October, 2022 READ A THIRD TIME AND FINALLY PASSED this 11 day of October, 2022.  Chief Administrative Officer ## SCHEDULE "A" TO BY-LAW NO. 898-22 ## Garbage Charges Rates for Residential Basic Residential/Small commercial 4 or less bags/week $38.30/unit (applies to detached single family dwelling, mobile homes, duplexes, triplexes fourplexes, fiveplexes, sixplexes and Small Business Rates for centralized collection 4 or less bags/week/unit $30.00/unit (this rate applies to residential buildings containing more than three dwellings where all residential waste are placed in a central single location for collection includes fourplexes, ## Extra bag purchases ommercial or institutional 3 times per week pick u this rate applies to those who have signed a contract for this service ## Penalty A penalty of two and one-half percent (2.5%) will be added to the arrears balance of all accounts monthly $ 2.50/tag $114.90 ## TOWN OF OYEN SCHEDULE "B" TO BY-LAW NO. 898-22 YELLOW= Mondays Wednesdays PINKE GREEN= Separation roads (Main Street and 3rd Ave E)