Waste Management and Wildlife Attractant Bylaw No. 3198, 2011 (Consolidated) — full text

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The Corporation of the City of Nelson Page 1 of 12 Waste Management and Wildlife Attractant Bylaw No. 3198, 2011 SUMMARY The Waste Management and Wildlife Attractant Bylaw is to provide for and regulate the collection, storage and disposal of garbage and trade waste within the City of Nelson and to control wildlife attractants. This Bylaw is a "consolidated" version and includes amendments up to the date listed in the bylaw heading. It is placed on the Internet for convenience only, is not the official or legal version, and should not be used in place of certified copies which can be obtained through the Administration office at City Hall. Plans pictures, other graphics or text in the legal version may be missing or altered in this electronic version. The Corporation of the City of Nelson Page 2 of 12 Waste Management and Wildlife Attractant Bylaw No. 3198, 2011 THE CORPORATION OF THE CITY OF NELSON BYLAW NO. 3198, 2011 REVISED: May 9, 2023 BEING A BYLAW TO PROVIDE FOR AND REGULATE THE COLLECTION, STORAGE AND DISPOSAL OF GARBAGE AND TRADE WASTE WITHIN THE CITY OF NELSON AND TO CONTROL WILDLIFE ATTRACTANTS ______________________________________________________________________ Table of Contents Page No. Definitions 2 General Regulations 5 Regulations specific to Wildlife Attractants 6 Failure to Comply 7 Exemptions 7 Entry and Inspection 7 Waste Management Regulations 7 Collection Times 9 Payment of Fees 9 Penalties 10 Repeal 10 Citation 11 Consolidated for Convenience to Include Bylaw No. 3262, 3361, 3373, 3504, 3566 The Corporation of the City of Nelson Page 3 of 12 Waste Management and Wildlife Attractant Bylaw No. 3198, 2011 THE CORPORATION OF THE CITY OF NELSON Waste Management and Wildlife Attractant Bylaw No. 3198, 2011 WHEREAS in accordance with the Community Charter, and in the interests of public health, Council may establish services for the collection, removal and disposal of garbage AND WHEREAS it is deemed desirable and expedient to provide uniform standards for garbage containers and to establish fees for the collection of garbage and trade waste in order to encourage citizens to reduce, re-use, recycle and compost, thereby reducing waste volumes going to the landfill and reducing the cost of garbage collection and disposal; AND WHEREAS it is deemed advisable to enact a bylaw so as to discourage and prevent dangerous wildlife from accessing and becoming conditioned to, or dependent on food sources generated or controlled by human activity; NOW THEREFORE be it resolved that the Council of the Corporation of the City of Nelson, in open meeting assembled, enacts as follows: DEFINITIONS (Amended by Bylaw 3262, 3373, 3566) In this by-law: 1. 'Bylaw Enforcement Officer' means persons acting as any of the following are designated for the purposes of this Bylaw and the Local Government Bylaw Notice Enforcement Act: a) Special constables, officers, members or constables of the Nelson Police Department; b) Bylaw Enforcement Officers appointed pursuant to the Police Act and Community Charter; c) Local Assists to the Fire Commissioner under Section 6 of the Fire Services Act; d) Bylaw Enforcement Officers, licensing inspectors, building inspectors, animal control officers or other persons acting in another capacity on behalf of a municipality, regional City or local trust committee for the purpose of enforcement of one or more of its Bylaws. "City" means The Corporation of the City of Nelson "City Engineer" means the person appointed by Council to manage and oversee the day-to-day operation of Waste Management and Wildlife Attractant Management along with other City employees to administer this Bylaw The Corporation of the City of Nelson Page 4 of 12 Waste Management and Wildlife Attractant Bylaw No. 3198, 2011 "Collection Day" means the day scheduled for collection of garbage and recyclables from a property in accordance with the schedule created by the City Engineer from time to time "Dangerous means bear, cougar, coyote or wolf, or a species of wildlife Wildlife" that is prescribed as dangerous under the BC Wildlife Act "Designated means a Bylaw Enforcement Officer, member of the Nelson Officer" Police Department or a Conservation Officer as appointed under the BC Wildlife Act "Garbage" means and includes all animal, mineral, synthetic, paper product and vegetable matter in any form or state abandoned, discarded or thrown out by any occupant of and generated from a residential, commercial, institutional or industrial property "Hazardous means hazardous waste as defined in the British Columbia Waste" Hazardous Waste Regulations, B.C. Reg. 63/88, O.C. 268/88 as amended from time to time "Occupant" means and includes any occupant, owner, lessee, tenant or responsible employee thereof of any residential property or dwelling or trade premises "Participant" means an eligible residential customer that is participating in the Pre-treated Organics Diversion Program. "Pre-treatment means an appliance provided by the City designed Appliance" to pre-treat household food waste as part of the Pre-treated Organics Diversion Program. "Pre-treated means the pilot program of the City that equips eligible Organics residential customers with a Pre-treatment Appliance and Diversion includes collections and educational material to support Program" residential food waste diversion. "Prohibited includes: Waste" a. Hazardous waste; b. Motor vehicle tires; c. Recyclable oil or oil filters; d. Recyclable material; e. Car or truck batteries; f. Grass clippings, leaves, tree prunings, scrap lumber or logs; g. Dead animals or animal parts; The Corporation of the City of Nelson Page 5 of 12 Waste Management and Wildlife Attractant Bylaw No. 3198, 2011 h. Demolition or construction waste; i. Any other material that is so considered by the City Engineer. "Residential means and includes one or more habitable rooms designed Dwelling Unit" for use by and occupied by not more than one family and in which separate kitchen and sanitary facilities are provided for the exclusive use of such a family, with a private entrance from outside the building, or from a common hallway or stairway inside the building "Tag" is a sticker purchased for a specified fee from the City of Nelson or an approved sales outlet and placed on the garbage container prior to pickup to indicate the disposal fee has been paid in advance "Residential means the owner or occupier of a property or parcel of land customer" that is zoned residential and has up to 10 residential dwelling units "Recyclable means any waste which is accepted for recycling by the City material" or the City's approved recycling provider(s) "Wildlife means any substance that could be reasonably expected to Attractant" attract dangerous wildlife including but not limited to food products, garbage, pet food, seed, restaurant grease, game meat, or glass or metal wear or any other item having contained food "Wildlife resistant means a refuse container that is sufficient to accommodate Container" normal uses of the property, and is designed to discourage and prevent access by wildlife, and; a) has a sturdy cover capable of being completely closed and secured with a latching device; and b) If intended for use other than residential, is made of metal and is self-latching. 'Yard Waste' means green waste including but not necessarily limited to grass and hedge clippings, leaves, grass, flowers, vegetable stalks, woody or herbaceous waste, fruit and vegetable waste and prunings that can be effectively composted and includes prunings up to 1 meter in length and 5 centimeters in circumference. The Corporation of the City of Nelson Page 6 of 12 Waste Management and Wildlife Attractant Bylaw No. 3198, 2011 GENERAL REGULATIONS 2. No person shall store, deposit, pile, place, discard or otherwise allow to accumulate any garbage in or on any property, and in such a manner that may be accessible to wildlife, except as authorized by this by-law. 3. No person shall spill, scatter, deposit, throw, cast, lay, litter, pile, place, discard, accumulate or otherwise cause to be thrown, cast or laid, disturb or interfere with any garbage, yard waste or wildlife attractant of any kind or nature on any street, lane, highway, park beach, boulevard, sidewall or other public place or private property within the City. (Amended by Bylaw 3262, 2013) 4. All residential and commercial garbage must be stored securely within the principle building, an accessory building or in a wildlife resistant container. (Amended by Bylaw 3262, 2013) REGULATIONS SPECIFIC TO WILDLIFE ATTRACTANTS 5. A person must not feed or attempt to feed dangerous wildlife, and must not feed other animals in a manner that is likely to attract wildlife. 6. No person may accumulate, store or collect any wildlife attractants in a manner that they are accessible to dangerous wildlife which may pose a risk to the safety of any person. 7. No personal shall fail to take remedial action to avoid contact or conflict with dangerous wildlife after being advised by a designated officer that such action is necessary. 8. Every owner or occupier of real property must ensure that: (a) Any fruit that has fallen from a tree or bush is removed from the ground and properly disposed of at least every three days and, if stored outdoors, only in a wildlife resistant container; (b) Any birdfeeder containing bird feed, suet or nectar is suspended on a cable or other device in such a manner that it is inaccessible to wildlife; and the area below any bird feeding devices or activity is kept free of accumulations of seeds and similar wildlife attractants; and bird feeders containing bird feed are not used between April 15th and December 1st in each year; (c) Barbecue equipment and tools that remain out of doors must be clean and free of residual food or grease; (d) Any refrigerator, freezer, storage container or similar appliance, device or apparatus that contains animal attractants of any type, if placed or located outdoors, is located and equipped in such a manner that it is inaccessible to wildlife; and (e) Any grease, antifreeze, paint or petroleum product is stored in such a manner that is inaccessible to wildlife. The Corporation of the City of Nelson Page 7 of 12 Waste Management and Wildlife Attractant Bylaw No. 3198, 2011 9. Every person who owns, uses or poses a wildlife resistant container shall keep it (a) In a clean and sanitary condition; (b) Closed and secure, except at the time of deposit of permitted substances, and (c) Maintained in good, workable and wildlife resistant condition at all times. (d) Repaired (if damaged) within 7 days of the damage occurring. 10. No person shall leave garbage or other wildlife attractants outside a wildlife resistant container unless otherwise stated in this bylaw. (Amended by BL3361, 2017) FAILURE TO COMPLY 11. Failure to comply with Sections 2 and 3 herein may result in the City by its own employees or others, cleaning up and removing such garbage and the cost of such cleaning and removal shall be charged to the owner or occupier of the property and where such charges are unpaid on the thirty-first of December in the same year, they shall be added to and form part of the taxes payable in respect of that real property as taxes in arrears and offenders may be publicly identified. EXEMPTIONS 12. A person is exempt from Sections 2 and 3 for temporary special events if waste receptacles required for the special event are emptied into a wildlife resistant container by 10:00 p.m. on the day of the event. ENTRY AND INSPECTION 13. A Designated Officer may enter onto any property in accordance with Section 16 of the Community Charter to inspect and determine whether this bylaw is being met. 14. Where the Designated Officer believes that, as a result of a breach of this bylaw, wildlife is located on or near the property and has endangered or harmed a person, or presents an imminent threat to the safety of any person, the designated officer may take steps to prevent, avert, reduce or mitigate the harm or threat or provide assistance. 15. A person must not obstruct or interfere with a Designated Officer, or other person who is assisting the officer, who has entered onto property pursuant to Section 16 of the Community Charter. WASTE MANAGEMENT REGULATIONS (Amended by Bylaw No. 3373, 2017) GARBAGE COLLECTION GENERAL The Corporation of the City of Nelson Page 8 of 12 Waste Management and Wildlife Attractant Bylaw No. 3198, 2011 16. Every residential customer shall place all garbage: a. within plastic disposable garbage bags sized no greater than 66 cm by 97 cm (26" by 38"); and b. Contents within garbage bags shall not exceed 20 kilograms (44 pounds) in weight. 17. No person shall place or allow to be placed in any garbage bag: a. Prohibited Waste; b. Materials prohibited by the Regional District of Central Kootenay Resource Recovery Facilities Regulatory Bylaw. 18. On Collection Day, every residential customer shall: a. tie or otherwise seal garbage bags securely to prevent entry of water and/or spillage of contents; b. attach one adhesive garbage disposal tag on each sealed garbage bag making the tag clearly visible to the garbage collector; c. place all garbage bags (or a garbage can containing garbage bags) in full view, as close as possible to the edge of the travelled way serving the property without obstructing traffic; d. place all garbage bags (or a garbage can containing garbage bags) out no earlier than 5:00 a.m. 19. The City guarantees garbage collection if all garbage bags (or a garbage can containing garbage bags) are placed out by 7:00 a.m. 20. On Collection Day, every residential customer whose property is served by lane collection shall place garbage bags (or a garbage can containing garbage bags) out so that they are accessible from the lane to ensure that the garbage collector will not be required to enter upon private property, open gates, access garbage structures, climb or descend stairs, or lift garbage bags over fences or vegetation. 21. Notwithstanding section 19, garbage bags in any of the following conditions will not be removed by the garbage collector on Collection Day: a. improperly sealed or torn open; b. the incorrect weight; c. the incorrect size; d. lacking a clearly displayed garbage disposal tag; e. stuck within the garbage can; f. not left in an accessible location. RECYCLABLE MATERIAL COLLECTION GENERAL (Sections 22 - 26 Amended by BL 3504, 2020) 22. Every residential customer shall place all recyclable materials within a bin that: a. is blue in colour with a tight-fitting lid designed for manual collection, b. is sized no greater than 121 litres in volume, c. is of a weight no greater than 3.4 kilograms (7.5 pounds) without the lid, The Corporation of the City of Nelson Page 9 of 12 Waste Management and Wildlife Attractant Bylaw No. 3198, 2011 and d. has two graspable handles. 23. On Collection Day, every residential customer shall: a. no earlier than 5:00 am, place blue bins in full view, as close as possible to the edge of the travelled way serving the property without obstructing traffic, b. ensure that the blue bin is securely covered by its lid to prevent entry of water and/or spillage of contents, c. ensure that the contents of the blue bin does not exceed 20 kilograms (44 pounds) in weight, and d. ensure that the contents of the blue bin are not packed or compacted in a manner that causes difficulty in emptying the contents from the blue bin during collection. 24. The City guarantees recyclables collection if the recycling blue bin is placed outside in the manner required by Section 23 by 7:00 am on Collection Day. 25. On Collection Day, every residential customer whose property is served by lane collection shall place recycling blue bins out so that they are accessible from the lane to ensure that the recycling collector will not be required to enter upon private property, open gates, access recycling structures, climb or descend stairs, or lift recycling blue bins over fences or vegetation. 26. Notwithstanding section 24, the contents in a blue bin will not be collected if any of the following conditions are present: a. the blue bin is not covered by a secured lid, b. the blue bin exceeds the weight or size limitations set out in Section 22, c. the contents of the blue bin exceeds the weight limitations set out in Section 23, d. the contents include materials that are not permitted, e. the contents are packed in the blue bin in a manner that causes difficulty in emptying the contents, and f. the blue bin is not left in an accessible location as set out by Section 23 and Section 25. Pre-treated Organics Diversion Program 27. An eligible residential customer may apply to the City Engineer to participate in the Pre-treated Organics Diversion Program by submitting a full and complete application as determined by the City Engineer. 28. Eligibility of residential customers participating in the Pre-treated Organics Diversion Program shall be determined by the City Engineer in such a way to meet the goals and needs of the Pre-treated Organics Diversion Program. The Corporation of the City of Nelson Page 10 of 12 Waste Management and Wildlife Attractant Bylaw No. 3198, 2011 29. On approving an application to participate in the Pre-treated Organics Diversion Program, the City Engineer may distribute a Pre-treatment Appliance to the Participant for use at an address as authorized by the City. 30. Every Participant in the Pre-treated Organic Program shall: (a) ensure the Pre-treatment Appliance remains at the address authorized by the City; (b) keep the Pre-treatment Appliance in working condition and use it in accordance with the directions provided; (c) be responsible for the costs of electricity in using the unit; (d) notify the City Engineer: i.if the Pre-treatment Appliance is not working as directed, is no longer operable, or is no longer at the authorized address; ii.if the Participant intends to relocate or has relocated to another address; (e) if relocating to another address, leave the Pre-treatment Appliance at the authorized address unless directed otherwise by the City Engineer; (f) return the Pre-treatment Appliance to the City if directed to do so by the City Engineer. 31. Any residential customer that moves into an address that contains a Pre- Treatment Appliance shall become a Participant themselves unless they notify the City in writing that they do not wish to participate in the Pre-treated Organics Diversion Program and return the Pre-Treatment Appliance to the City. 32. Food waste that has been processed by way of a Pre-treatment Appliance: (a) may be used by the Participant for their own use at their address; or (b) may be taken to a designated City Drop-off Location. 33. All Pre-treatment Appliances shall remain the property of the City unless transferred by the City to a Participant for an amount reflecting the actual cost to the City of replacing the Pre-treatment Appliance as determined by the City Engineer. Any such transfer is at the sole discretion of the City Engineer who may refuse a request for transfer for any reason. 34. If a Pre-treatment Appliance is damaged through misuse, or removed from its authorized address contrary to this Bylaw, the responsible Participant shall pay the City an amount reflecting the cost to the City of replacing that Pre-treatment Appliance. If such amount is not paid in full as identified on an invoice delivered to the last known address of the Participant, the amount becomes a debt owing to the City and the City may seek to recover the debt through any means available. COLLECTION TIMES 35. The frequency of garbage collection for residential customers shall be as set by Council policy. The Corporation of the City of Nelson Page 11 of 12 Waste Management and Wildlife Attractant Bylaw No. 3198, 2011 36. All property owners, whether residential customers of the City collection system or not, shall ensure that garbage is collected from their property on a regular basis. PAYMENT OF FEES 37. Fees for collection and disposal of garbage shall be in accordance with the City's Fees and Charges Bylaw. (Amended by Bylaw 3361, 2017) 38. Residential customers, as described in this by-law, are compelled to use the City of Nelson garbage collection and disposal system, unless exempted in writing by the Director of Operations for the City of Nelson. PENALTIES 39. Every person violating any provisions of this by-law shall upon conviction be liable to a fine not exceeding Two Thousand ($2,000.00) Dollars, plus costs for such violation. 40. Upon conviction for a breach of the provisions of this by-law, the Court of jurisdiction, besides imposing a penalty under the Section 13 hereof, may order the offender to carry out the provisions of this by-law within a time to be limited by the order and in default of the defendant carrying out such order, the City by its employees, servants or authorized agents shall forthwith at the expense of the offender take such action as is deemed necessary to carry out the requirements of this by-law and the expense therefore, if unpaid on the Thirty-First of December in the same year, shall be added to and form part of the taxes payable in respect of that real property as taxes in arrears. 41. Pursuant to section 264 of the Community Charter, any person designated as a Bylaw Enforcement Officer, pursuant to City's current "Bylaw Notice Enforcement Bylaw" and all amendments thereto, is hereby authorized and empowered to enforce the provisions of this Bylaw or Bylaw notice or as otherwise provided by this and any other Bylaw of the Corporation of the City of Nelson. (Amended by Bylaw 3262, 2013) REPEAL "Waste Management Regulation By-law No. 2575, 1993" and all amendments thereto is hereby repealed in its entirety. The Corporation of the City of Nelson Page 12 of 12 Waste Management and Wildlife Attractant Bylaw No. 3198, 2011 CITATION This bylaw may be cited for all purposes as the "The Corporation of the City of Nelson Waste Management and Wildlife Attractant Bylaw No. 3198, 2011" READ A FIRST TIME the 13th day of June, 2011. READ A SECOND TIME the 13th day of June, 2011. READ A THIRD TIME the 13th day of June, 2011. FINALLY PASSED AND ADOPTED the 13th day of June, 2011. John Dooley Mayor Frances Long Corporate Officer CERTIFIED A TRUE AND CORRECT COPY OF THE "Waste Management and Wildlife Attractant Bylaw No. 3198, 2011" Frances Long Manager of Legislative and Administrative Services