Garbage Collection Bylaw No. 1978/2025 — full text

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TOWN OF REDCLIFF BYLAW NO.1978/2025 A BYLAW OF THE TOWN OF REDCLIFF IN THE PROVINCE OF ALBERTA ESTABLISHING A SYSTEM FOR THE COLLECTION, REMOVAL, AND DISPOSAL OF GARBAGE AND OTH E R WASTE . VVHEFTEALS pursuarit to the Municipal Government Act, R.S.A 2000, Chapter M-26 as amenc/ed, Council may pass Bylaws respecting services provided by or on behalf of the municipality; and public utilities; AND WHEREAS the Council of the Town of Redcliff deems it necessary to implement a bylaw to establish rules and regulations for the collection and disposal of Garbage and any other waste from households, places of business, and institutions within the Town of Redcliff; NOW THEREFORE the Council of the Town of Redcliff in the Province of Alberta, duly assembled, enacts as follows: PART 1 SHORT TITLE & DEFINITIONS SHORT TITLE 1. This bylaw shall be known and cited as the "Garbage collection Bylaw" of the Town of Redcliff. DEFINITIONS 2, ln this bylaw, unless the context otherwise requires: a) "Ashes" means the residue left afterthe combustion of any substance. b) "Authority" means the Redcliff/Cypress Regional waste Management Authority. c) "Automated Collection" means a method of collection of Garbage and Other Waste by which a specially equipped vehicle may mechanically pick up and empty a specifically designed Bin. d) "Building Material" means any construction material which may result from the construction, renovation, or demolition or any structure that includes, but is not limited to, wood, gypsum, vinyl siding, metal, bricking, packaging material and containers of construction material, gravel, concrete and asphalt and any earth, rocks and vegetation displaced during such construction, renovation, or demolition of any structure. e) ``Bin" means a container used for the storage of Garbage and Other Waste, that being a metal container with hinged lids. All such containers utilized within the Town must be to the satisfaction of the Director. z,i,. `+ Bylaw No.1978/2025 Page 2 f) "CAO" means the person appointed to the position ofchiefAdministrative officer for the Town, by Council, within the meaning of the Mum/.c/.pa/ Govemmenf Act of Alberta. This position may also be referred to as the Munt.ct.pa/ Manager. g) ``Cart" means a container used for the storage of Garbage and Other Waste, that being a container with hinged lids and equipped with wheels for the purposes of transporting it to and from the curb of the Dwelling or Other Premises utilizing it. h) "Collector" means the Person or Persons appointed by the Town for the purpose of collecting Garbage and Other Waste. i) "Compost" means all material that can produce natural decomposition such as grass clippings, leaves, yard trimmings and food scraps. j) "Council" means the Mayor and councillors of the Town of Redcliff duly elected pursuant to the provisions of the Loca/ Authort.fi'es E/ecf;.ons Act of Alberta. k) "Director'' means the operations Director or any Town employee that the Operations Director authorizes to perform the duties or exercise any powers of the Operations Director as set out in this Bylaw. I) "Due Date" means the statement date shown onthe billing that all rates, fees, and charges are due and payable. in) ``Garbage" 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. n) "Highway" means any thoroughfare, street, road, trail, avenue, parkway, viaduct, lane, alley, square, bridge, cross way, or other place, whether publicly or privately owned, any part of which the public is ordinarily entitled or permitted to use for the passage or parking of vehicles and includes: - a sidewalk (including a boulevard portion thereof). - a ditch lying adjacentto and parallel with the roadway. - the area where a Highway right-of-way is contained between fences or between a fence and one side of the roadway, all of the land between the fence and the edge of the roadway, or as the case may be, but does not include: - a place declared bythe LieutenantGovernorin council notto be a Highway. °) ::::se:'t:::::t,:gprobt:C roadwaywhlch provides a secondary means ofdirect # .`-``.``-+, Bylaw No.1978/2025 Page 3 p) "Multi-Unit" means a building which has more than one (1) self-contained business, residence, or combination thereof within the Municipal Boundaries of the Town of Redcliff. q) "Nuisance" means anything that interferes with the use or enjoyment of property, endangers personal health or safety, or is offensive to the senses. r) "Occupant'' means any person who has lawful possession, resides in, or occupies any land, parcel of land or building within the municipal boundaries of the Town of Redcliff but is not an owner. s) "Other waste" means non-putrescible waste or non-decomposing matter 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) "Owner" means: i. in respect of land, any person who is registered under the Land I/.I/es Act (Alberta) as the owner of the fee simple estate in the land or parcel of land within the municipal boundaries of the Town of Redcliff, or any person shown or designated as the owner pursuant to current Tax Roll of the Town of Redcliff; ii. in respect of property other than land, the person in lawful possession of it. u) ``Peace Officer" means: a person appointed by the Town to enforce provisions of this Bylaw, including a Bylaw Enforcement Officer, a Peace Officer in accordance with the Peace Offi.cerAcf, R.S.A 2006, Chapter P-36 and includes a member of the Royal Canadian Mounted Police. v) ``Person" mean an individual, trustee, legal representative, proprietor, body corporate, association, or partnership. w) "Premises" means a residence, store, office, warehouse, factory, building, enclosure, yard, or other place occupied, or capable of being occupied, by any Person. x) ``Property" means the parcel of land and improvement, or a parcel of land and the improvements to it. Property shall also include the adjacent boulevard, and the land directly behind the rear of the property from the property line to the mid-point of the laneway or one (1) meter beyond rear property line if abutting a Public Reserve area. y) ``Private Bin" means a container used for the storage of Garbage and Other Waste, that being a metal container with hinged lids and which is owned by a private individual or company who has a signed contract with the Town of Redcliff for pickup of the Bin. All such containers utilized within the Town must be to the satisfaction of the Director. z) "Prohibited waste'' means: i. liquid wastes, dead animals or dead animal parts, petroleum products, used oil, used oil filters, paint and paint products, industrial.residue, discarded furniture, rtyc/ Bylaw No.1978/2025 Page 4 automobile parts, major appliances, sod, concrete, soil, inflammable waste, propane tanks, lithium batteries, explosive waste; ii. biological waste, pathological waste and radioactive waste as defined pursuant to the Public Health Act and its regulations; and iii. hazardous waste as defined in Schedule 1 of Alberta Regulation 192/96 iv. other materials, the collection of which are potentially dangerous to collection Personnel. aa) "Recyclables" means residential recyclables that include paper products, cardboard, plastics, and other material designated by the Director. bb) "Recycling Depot" means the location where bins are located for the use of Town residents that collect paper products, cardboard, and plastics. The depot is open to the public twenty-four hours a day, seven days a week, three hundred and sixty-five days a year. cc) "Town" means the Town of Redcliff, a municipal corporation in the Province of Alberta. dd) "Waste Collection Services" means the services provided pursuant to this Bylaw. ee) "Violation Tag" means a notice or tag in such a form as may be prescribed from time to time by the CAO, issued by the Town, allowing a voluntary payment option of a fine established under this Bylaw directly to the Town. ff) "Violation Ticket" means a summons by means of a violation ticket (Part 2) or an offence notice by means of a violation ticket (Part 3) in accordance with the prov.is.ions Of the Provincial Offences Procedure Act Of AIberta. PART 2 GENERAL REGULATIONS AUTHORIZATION OF MANAGEMENT 3. The Director is hereby granted the authority to undertake all necessary actions to fulfil their responsibilities and obligations under this Bylaw, which includes the authority to enter into administrative contracts with individuals or entities for the collection of Garbage, Other Waste, and Recyclables. GENERAL PROHIBITIONS AND REQUIREMENTS 4. No Person shall: a) Interfere with the Town's collection and disposal of Garbage and Other Waste pursuant to this Bylaw. Bylaw No.1978/2025 Page 5 b) Impede or restrict access to the areas where a Bin is located permanently, or a Cart is to be placed temporarily for collection. c) Interfere with or disturb the contents of any Bin or Cart after it has been placed for collection. d) Relocate oralterin anyway the placement of any Bin. e) Place garbage, other waste, prohibited waste, or recyclables upon any Highway. f) Place garbage, otherwaste, and/or prohibited waste in the bins located at the Recycling Depot that is not specific to the bin that holds paper products, cardboard, and/or plastics. g) Place garbage, other waste, and/or prohibited waste outside of any bins. h) Convey garbage, otherwaste, and/or prohibited waste through a highway or lane 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 or lanes. 5. The owner of a premises or a property shall be responsible to: a) Prevent the accumulation of Garbage or other waste at that premises or property such that the accumulation creates a Nuisance. b) Dispose of all Garbage and Other Waste in such a manner as to not create a Nuisance. c) Dispose of in a proper manner at an approved site any Prohibited Waste for which the Town does not provide for the collection and disposal. 6. Owners of premises and property from which the Town is to collect Garbage or other Waste, shall place any such Garbage or Other Waste in Bins and Carts as follows: a) For Owners of Premises by placing all Garbage or Other Waste for collection in a Bin or Cart provided by the Town. b) For Owners of Property by placing all Garbage or Other Waste for collection in a Bin or Cart for collection either by the Town or by a licensed contractor that has the Authority of the Town to operate an Automated Collection service within the Town. c) Cutting all shrubbery and tree clippings in lengths of not more than one (1) metre in length and place them in Bins or Carts provided. d) Depositing all Garbage in non-returnable plastic bags and placing them in Bins or Carts provided. e) Depositing all Other Waste directly into the Bins or Carts provided. Bylaw No.1978/2025 Page 6 f) Depositing all compost in a non-returnable plastic bag and placing them in Bins or Carts provided. Compost services are available at the Redcliff/ Cypress Regional Land fill. Persons are encouraged to transport and deposit their compost to the regulated compost facility as to aid in waste diversion from the land fill. No Owner shall place any Garbage or Other Waste for collection in a manner or packaging that may pose a risk to the safety of the Collector. No Owner or occupant of any Premises or Property shall deposit any Garbage, Other Waste or any refuse in any Bin or Cart other than a Bin or Cart that has been provided exclusively for that particular Premises or Property. No Person shall deposit any Garbage or Other Waste originating from outside the municipal boundaries of the Town into any Bin or Cart located within the Town. 10. No person shall deposit any prohibited waste in any Bin or cart. 11. All Bins and carts provided by the Town shall remain the property of the Town. No Person shall relocate or remove any Bin or Cart, except under the explicit direction of the Town, or in accordance with the stipulations set forth in this bylaw. 12. Every person to whom the Town provides a cart shall: a) Ensure the clean-up of any spillage originating from the cart; b) Maintain the cleanliness of the cart body as required; c) Promptly notify the Town if the cart is damaged or stolen. 13. No person shall employ or permit the use of any vehicle for the conveyance or storage of Waste unless such vehicle is equipped with an appropriate cover designed to prevent the dropping, spilling, or blowing off of Waste during transport or storage. 14. No person shall engage in the burning of any waste materials unless such activities are conducted in compliance with the Town of Redcliff's Burning Bylaw, as may be amended from time to time, as well as applicable Provincial and Federal laws. PART 3 COLLECTION DUTIES OF COLLECTORS 15. Collectors shall ensure that emptied Bins and carts are returned to approximately the same location from which they were picked up. 16. Collectors shall not pick, sort over, or remove any waste from the collection vehicle or the Bins or Carts, unless specifically directed to do so by the Director. Bylaw No.1978/2025 Page 7 17. The Director is hereby empowered to schedule the collection of Garbage and other Waste in accordance with the provisions of this Bylaw. Generally, such collection shall occur once a week on a day and at a time as determined by the Director. 18. The Town shall not be liable forthe collection ofitemsthat do not constitute Garbage or Other Waste, unless specific arrangements have been made with the Director. 19. In circumstances where a premises or property is not accessible via a Lane, or where conditions such as unimproved Lanes or steep grades render collection impractical or hazardous, the Town may: a) designate a collection location for a Bin that differs from a Lane; b) provide a Cart for the purpose of depositing Garbage and Other Waste. such Cart shall be delivered to the front curb and placed by the Owner prior to 8:00 a.in. on the designated Collection Day in a manner specified by the Director. Upon the removal of the Cart's contents by the Town, the Owner shall ensure the Cart is returned to the Premises or Property, prior to 8:00 p.in. on the Collection Day. COLLECTION OF GARBAGE AND OTHER WASTE FROIVI PREMISES 21. Unless otherwise exempted, the Town shall undertake the collection of Garbage and Other Waste from the Premises and shall provide Garbage Bins, or Carts for all such Premises. Collection levies shall be assessed in accordance with the Town's Utility Rates Bylaw. 22. In instances where the owner of a multi-unit premises has entered into a written contractual arrangement with an approved contractor for the collection of Garbage and Other Waste, the Owner may be exempt from the levies charged, provided the Town received copies of the contractual arrangements and grants its consent. This exemption shall remain valid only until the expiration of the contractual agreement. 23. When a premises is utilized for Home occupation purposes, as defined by the Town's Land Use Bylaw, and regardless of whether the Owner has obtained the requisite development permit, the Town reserves the right to assess the volume of waste generated. Should the Director determine that the waste produced are excessive, the Town may provide the Premises with additional or larger Bins or Carts. Collection levies for such services shall be equivalent to those charged to Owners of similar Premises. 24. For any premises containing one or more Dwellings in conjunction with one or more Properties, the Owner of the Premises may apply for an exemption as detailed in Schedule "A". The Director may grant such an exemption, relieving the Premises from Waste Collection Services and associated fees upon application by the Owner. COLLECTION OF GARBAGE AND OTHER WASTE FROM PROPERTIES 25. Unless exempt, the Town shall collect Garbage and other waste from properties and shall provide Garbage Bins, or Carts for all such Properties. Collection levies for this service shall be assessed in accordance with the Town's Utility Rates Bylaw. `.-#` Bylaw No.1978/2025 Page 8 26. The Town is authorized to enter into additional contracts with owners of properties for the collection of all or a portion of their Garbage and Other Waste within the Town's jurisdiction. Such contracts shall have a minimum duration of twelve (12) months to facilitate the Town's effective planning and orderly development of the waste collection system. Collection levies for these services shall be assessed in accordance with the Town's Utility Rates Bylaw. 27. In certain circumstances, if the owner of a property has established a written contractual agreement with an approved contractor for the collection of garbage and other waste or has submitted a disposal solution to the Town for handling Garbage and/or Other Waste at an approved land fill facility without Town's waste collection services, such Owner may be eligible for an exemption from collection levies. To qualify for this exemption, the Owner must provide the Town with copies of the contractual arrangements, or the disposal solution approved by the Director, along with the completion of Schedule "A,". This exemption will remain in effect until the expiration of the contractual agreement or until a new ownership entity is established. OTHER CONSIDERATIONS 28. AII Garbage, Recyclables, and otherwaste that is placed for collection in accordance with the provisions of this Bylaw shall become the property of the Town. COLLECTION LEVIES AND RATES 29. The Town shall impose collection levies on each premises and property, unless such Premises or Property qualifies for an exemption. The Owner shall be respensible for the payment of this levy, which will be billed on a monthly or bi-monthly basis. 30. Any errors or omissions pertaining to utility billing may be rectified within a period not exceeding one (1) year from the date of the billing in question. PART 4 0FFENCES, ENFORCEMENT & PENALTIES OFFENCES 31. Any person who breaches orcontravenes any provision of this Bylaw is guilty of an offence punishable by issuance of; a) avlolationTag; or b) a summons/ Vlolation llcket (Part 2); or c) an offence Notice/Violation Ticket (Part 3). 32. Any violation Ticket will be served by a peace officer in accordance with the provisions Of the Provincial Offences Procedure Act. Ezi Bylaw No.1978/2025 Page 9 VIOLATION TAGS. PENALTIES AND ENFORCEMENT 33. No person shall willfully obstruct, hinder, or interfere with a peace officer or any other person authorieed to enforce and engaged in the enforcement of the provisions of this Bylaw. 34. A person who is convicted of an offence underthis Bylaw is liable to pay a fine of not less than the specified penarty for that offence and not more than two thousand dollars ($2000.00). 35. \/Vhere a peace officer believes on reasonable and probable grounds that an offence has taken place consisting of a breach of contravention of this Bylaw, the Peace Officer may serve upon a person a Violation Tag. 36. If a violation Tag is issued pursuant to this Bylaw that an offence has taken place consisting of a breach or contravention of this Bylaw, a Vlolation Tag shall provide for an amount of money that the Town will accept as payment for the alleged offence, which amount of money shall be the specified penalty set out in Schedule "A" of this Bylaw. 37. Service of a violation Tag under this Bylaw on a person shall be sufficient if the violation Tag is: a) personally served. b) served by registered mail. c) attached somewhere to the Premises in respect of which the offence is alleged to have occurred, in which case the Violation Tag need not specrty the name of the Person alleged to have committed the offence if the Premises is described by municipal address. 38. A violation Tag placed upon or affixed to premises pursuant to this Bylaw shall not be removed from the Premises by anyone other than a Peace Officer or a person lawiully entitled to possession of the premises. 39. Upon issuance and service ofa violation Tag underthis Bylaw to a person, the amount of money the Town will accept as payment for the alleged offence shall be the amount of money set out in the Violation Tag and upon payment of that amount of money to a person authorized by the CAO to receive that payment there shall be issued an official receipt therefor by the Town and the payment shall be accepted in lieu of commencing proceedings for the alleged offence. 40. Where a peace officer believes on reasonable and probable grounds that an offence has taken place consisting of a breach or contravention of this Bylaw, the Peace Officer may commence proceedings against a person by issuing a Vlolation llcket in accordance with the provisions of the Provt.not.a/ Offertces Procedure Act of Alberta. 41. If a violation Ticket is issued pursuant to this Bylaw that an offence has taken place consisting of a breach or contravention of this Bylaw, the Violation Ticket may provide for a specified penalty, which specified penalty shall be the amount set out in Schedule "A" of this Bylaw in the case of any offense listed in that Schedule "A" of this Bylaw. 'v,---,6 Bylaw No.1978/2025 Page 10 42. Nothing in this Bylaw shall be read or construed as: a) Preventing any person for exercising that Person's right to defend an allegation that the person has committed an offence under this Bylaw; or b) Preventing any Peace Officer from issuing a summons by means of a Violation Ticket (Part 2) or an offence notice by means of a Violation Ticket (Part 3) in accordance with the provisions of the Prov;.nci.a/ Offences Procec/L/re Act of Alberta or otherwise initiating court process in any manner permitted by law in respect of an alleged offence for which a Violation Tag may be issued, including, but not limited to, for alleged offences under this Bylaw where a Violation Tag has already been issued to a person, but that person has not paid the amount of money set out in the Violation Tag to the person authorized by the CA0 to receive that payment. SEVERABILITY 43. It is the intention of the council that each separate provision of this Bylaw shall be deemed independent of all other provisions herein and it is the further intention of the Council that if any provision of this Bylaw is declared invalid by a Court of competent jurisdiction, then all other provisions of this Bylaw shall remain valid and enforceable. ENFORCEMENT OF THIS BYLAW 44. The Town is not required to enforce this Bylaw. In deciding whether to enforce this Bylaw, the Town may consider any practical concerns, including the available municipal budget and personnel resources. OTHER 45. This Bylaw shall come into force on the date of the third and final reading. MISCELLANEOUS 46. Nothing in this Bylaw relieves a person from complying with any Federal or provincial law or regulation, or other Bylaw, or any requirements of any lawful permit, order or license. 47. Vvhere this Bylaw refers to another Act, Bylaw, regulation or agency, it includes reference to any Act, Bylaw, regulation or agency that may be substituted, therefore. 48. Every provision of this Bylaw is independent of all other provisions and, 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. ---12 Bylaw No.1978/2025 Page 1 1 49. The Town is not required to enforce every breach or contravention of this Bylaw. In deciding whether or not to enforce the Bylaw, the Town may take into account any practical concerns or considerations, including but not limited to the nature and extent of the breach or contravention, any financial or budgetary considerations and the availability of personnel or human resources. 50. All Schedules attached to this Bylaw shall form part of this Bylaw. READ a first time this 28th day of April 2025. READ a second time this 12th day of May 2025. READ a third time this 12th day of May 2025. PASSED and SIGNED thisj±dayofng2025 fro2i© Municipal Manager Bylaw No.1978/2025 Page 12 TOWN OF REDCLIFF BYLAW NO.1978/2025 SCHEDULE "A" -APPLICATION FOR EXEMPTION Date: Applicant Contact Information: Phone Number: Email: l\We (Applicant's Name(s) - please print) (Owner, occupant, lessee, purchaser or authorized Person(s)) located at being the hereby apply to be exempted from (Civic Address) Waste Collection Service Charges by the Town of Redcliff at the above location effective: 20. (Note: Effective dates prior to the 15th of any month shall be prorated and charged 50%of the remaining period of any given month. Effective dates after the 15th of any month shall be prorated and charged 1000/o of the full monthly rate for any remaining period.) Explanation of Solution to dispose of Garbage and/ or Other Waste to an approved landfill facility without the use of the Town waste collection services: The Town may, at its discretion, upon seven (7) days written notice, cancel this application and charge rates provided for in the Garbage Bylaw as amended. This application is not transferable. EXDirv Provision TThe application for extension shall automatically expire on (*Note: Expiry provision is to be used in conjunction with sections 22 and 27) Signature (Applicant) Signature (Signifying Town's acceptance) -€--,?1= Bylaw No.1978/2025 Page 13 TOWN OF REDCLIFF BYLAW NO.1978/2025 SCHEDULE "8" -APPLICATION FOR ADDITIONAL BINS (Other Premises do hereby apply to the Town of Redcliff to (Applicant name - please print) have the Town supply to my place of business, being located at (Business name) the use of Bins (Civic Address) (number) to be used solely for the collection of Garbage and Other Waste originating from the above specified place of business. I hereby commit to paying charges as levied pursuant to the Garbage Bylaw for a minimum period of twelve (12) months from the first billing period assessed by the Town. I understand that within this period I may request the Town to provide additional Bins at the rates specified in the Garbage Bylaw. Application date: Effective date: Utility Sign on Application Number 20_ Signature (Applicant) Signature (Signifying Town's acceptance) Bylaw No.1978/2025 Page 14 SCHEDULE ''C" PENALTIES SECTION OFFENCE |ST & 2NDOFFENCE 3RD/ SubOFFENCE 4(a) Interfere with the Town's collection and disposal $75 $150 4(b) Impede or restrict access to a Bin or Cart $75 $150 4(c) Interfere with OR disturb contents of any Bin or Cart $75 $150 after it has been placed for collection 4(e) Place Garbage, Other Waste, Prohibited Waste, or $150 $300 Recyclables upon any Highway 4(f) Dispose of Garbage, Other Waste, and/or $75 $150 Prohibited Waste at the Recycling Depot improperly 4(9) Place Garbage, Other Waste, and/or Prohibited $150 $300 Waste outside of any Bin 5(a) Owner allows, permits, or causes an accumulation $100 $200 of Garbage or Other Waste on Premises or Property, creating a Nuisance 6(c) Shrubbery and/or tree clippings deposited in Bin or $75 $150 Cart longer than one (1) meter in length 7 Garbage or Other Waste placed for collection in a $150 $300 manner posing a risk to the safety of the Collector 8 Owner or Occupant depositing Garbage or Other $75 $150 Waste in a Bin or Cart other than the Bin or Cart provided for the Premises or Property owned or resided at 9 Garbage or Other Waste originating from outside $150 $300 the Town boundaries, deposited in Bin or Cart 10 Prohibited Waste deposited in Bin or Cart $150 $300 11 Unauthorized relocation OR removal of Bin or Cart $150 $300 12(a) Failure to clean up any spillage originating from the $75 $150 Cart 12(b) Failure to maintain the cleanliness of the Cart body $50 $100 as required 14 Failure to prevent Waste dropping, spilling, or $150 $300 blowing off vehicle during transport or storage of such Waste 15 Improper burning of Waste materials $150 $300 33 Obstructing a Peace Officer $500.00 COURT