Solid Waste Management Bylaw No. 5911

Vernon, British Columbia · No. 5911 · adopted 2023-06-12 · summary & facts

This is the exact embedded text of the captured official document. Snapshot f612100c9aa0 · verified 2026-10-26 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

City of Vernon SOLID WASTE MANAGEMENT BYLAW 5911 THE CORPORATION OF THE CITY OF VERNON BYLAW NUMBER 5911 AMENDMENTS BYLAW NO. ADOPTION AMENDMENT 5983 February 12, 2024  Amend Sec. 2 - Authority of Director and Officers  Amend Sec. 3 - Residential Cart Collection Service to include Secondary Suites, Accessory Dwellings, Duplex and Semi- Detached Housing  Amend 'Schedule A' to include definitions for 'Accessory Dwellings', 'Duplex Housing', 'Secondary Suite' and 'Semi- Detached Housing'     TABLE OF CONTENTS 1 CITATION, INTERPRETATION AND APPLICABILITY .............................. 1 2 AUTHORITY OF DIRECTOR AND OFFICERS ........................................... 2 3 RESIDENTIAL CART COLLECTION SERVICE ......................................... 4 4 RESIDENTIAL RECYCLABLES COLLECTION SERVICE ....................... 11 5 CHIPPING SERVICE ................................................................................. 11 6 LEAF COLLECTION SERVICE ................................................................. 11 7 CHRISTMAS TREE DROP OFF SERVICE ............................................... 12 8 PRIVATE COMMERCIAL COLLECTION .................................................. 12 9 CITY PROVIDED COMMERCIAL COLLECTION SERVICE ..................... 13 10 GENERAL WASTE MANAGEMENT ......................................................... 17 11 ENFORCEMENT, CONTRAVENTION AND PENALTIES ......................... 18 12 SCHEDULES AND REPEAL ..................................................................... 19 APPENDIX A - EXTRA GARBAGE STICKER SCHEDULE A - DEFINITIONS................................................................. A-1 SCHEDULE B - RESIDENTIAL ORGANICS AND CONTAMINANTS............. B-1 SCHEDULE C - RECYCLABLE MATERIAL AND CONTAMINANTS................ C-1 SCHEDULE D - GARBAGE MATERIAL AND CONTAMINANTS...................... D-1 SCHEDULE E - COLLECTION SCHEDULE............................................. E-1 A-1 THE CORPORATION OF THE CITY OF VERNON BYLAW 5911 A bylaw to establish and provide for the operation of a service comprising the collection, removal, storage and disposal of solid waste, and to regulate, prohibit and impose requirements in relation to the service Pursuant to the Community Charter and the Local Government Act which authorize Council to regulate and prohibit the collection, removal, storage and disposal of solid waste within the City, the Municipal Council of the City of Vernon, in open meeting assembled, enacts as follows: 1 CITATION, INTERPRETATION AND APPLICABILITY Citation 1.1 This Bylaw may be cited for all purposes as "Solid Waste Management Bylaw 5911, 2023" Interpretation 1.2 Unless otherwise defined in this Bylaw, words and phrases shall have the meaning established in the Community Charter, the Environmental Management Act, the Local Government Act, and the Interpretation Act, as applicable. Any reference to a statute or regulation refers to an enactment of British Columbia, and any reference to a bylaw refers to a bylaw of the City, as amended, revised, consolidated or replaced from time to time. Headings in this Bylaw are only for convenience of reference and do not limit the scope or intent of any provisions herein. Definitions 1.3 Schedule A of this Bylaw contains terms and definitions used in this Bylaw. Severability 1.4 If any part, section, subsection, paragraph or clause of this Bylaw is held to be invalid by a court of competent jurisdiction, then that invalid portion shall be severed and the remainder of this Bylaw shall be deemed to continue as valid and enforceable. PAGE 2 BYLAW 5911 Applicability 1.5 Except as otherwise provided, this Bylaw applies to all persons within the boundaries of the City. No Obstruction 1.6 A person must not obstruct a Bylaw Officer or the Director in the performance of their duties, or refuse to comply or delay in complying with any direction by such officer. Exemptions 1.7 The provisions of this Bylaw do not apply to: (a) The Predator Ridge Neighborhood Plan Area with respect to the provision of City provided Leaf Collection; and (b) Commercial property owners or occupiers within the neighborhood areas known as Blue Jay, Predator Ridge, Foothills, Turtle Mountain and Okanagan Landing past 7919 Okanagan Landing Road (the Yacht Club) with respect to the provision of City provided Commercial Recyclable Material Collection Service. 1.8 Any person who does not require the services provided under this Bylaw may apply to the Director to have the fees and charges imposed waived and the Director may allow the application or set limits as to the period of time they will allow a waiver of the charges imposed under this Bylaw. 1.9 Nothing in this Bylaw makes it unlawful for any person who holds a valid business license from the City to operate a municipal solid waste collection service within the City boundaries. 2 AUTHORITY OF DIRECTOR AND OFFICERS Director 2.1 Council authorizes the Director to: (a) provide solid waste services in the City; (b) refuse solid waste services and/or access to the City's solid waste facilities to any person who fails to comply with the provisions of this Bylaw; PAGE 3 BYLAW 5911 (d) determine the type and frequency of solid waste services and may provide different levels and types of service for different classes of premises and properties and for different areas of the City; (e) require that the delivery of solid waste services to a property be increased if, in the opinion of the Director, the owner or occupier of a property is an excess producer of solid waste; (f) despite the provisions of subsection 2.1(a), provide solid waste services to certain residential and non-residential properties or areas within the City boundaries or beyond the City boundaries, by separate agreement, subject to Council approval (g) exclude any single detached housing, duplex housing, semi-detached housing, multiple housing or commercial business from City provided collection service if the Director determined that the collection vehicle will not have convenient and safe access from the subject premises in general and to and from the designated collection point in particular. (Bylaw 5983) (h) stipulate the materials that are unsuitable and prohibited from any receptacles or other containers used in the provision of any service under this Bylaw. 2.2 Permits and orders made by the Director shall be in writing and a copy of each permit and order shall be filed with the Municipal Clerk. 2.3 No compensation is payable to any person for loss or damage resulting from an order made by the Director pursuant to this Bylaw. Private Solid Waste Services 2.4 Despite section 2.1, a person who is the holder of a business license to provide private solid waste services within the boundaries of the City of Vernon, may engage in the business of removing, collecting, transferring, recycling, processing and disposing of solid waste in the municipality, subject to compliance with all applicable bylaws, provincial and federal legislation. Authority over City Facilities 2.5 Council authorizes the Director to operate and administer the City's solid waste facilities. PAGE 4 BYLAW 5911 3 RESIDENTIAL CART COLLECTION SERVICE 3.1 The City hereby establishes a system to collect, remove, process and dispose of municipal solid waste from single detached housing, duplex housing, semi- detached housing, and multiple housing units within City boundaries. (Bylaw 5983) Mandatory Service 3.2 The owner or occupier of a residential property must use the municipal solid waste collection service provided by the City and established in this Bylaw except as otherwise exempted by this Bylaw. 3.3 A cart for the purpose of garbage and/or residential organics collection for residential properties shall be provided by the City to each single detached house, secondary suite, accessory dwelling, duplex housing, semi-detached housing, or approved multiple housing unit and the City will collect the municipal solid waste on the scheduled collection date and dispose of such at a diversion and disposal facility. (Bylaw 5983) 3.4 A cart delivered by the City to a premises remains the property of the City. 3.5 Where the City provides a cart collection service, the owner or occupier must place all of their municipal solid waste intended for collection in the appropriate cart supplied to that owner or occupier subject to the provisions with respect to extra garbage and residential organics. 3.6 Except as permitted in paragraph 3.3, garbage and/or residential organics in containers of any design that are not provided by the City will not be collected. 3.7 A cart will not be provided to a newly built residential property until the owner or occupier takes occupancy and submits a request to the City for a cart. 3.8 The owner or occupier of properties to which the City provides cart service: (a) must maintain a cart in a clean, sanitary and odor free condition (b) must ensure that the cover of a cart remains completely closed at all times, except when it is necessary to open the cover to tip into a collection vehicle (c) must not store, deposit, spill, scatter, cast, lay, litter, pile, place, discard or otherwise allow to accumulate any municipal solid waste in or on any property, and in such a manner that may be accessible or cause an attractant to wildlife PAGE 5 BYLAW 5911 (d) must not fill a cart to a gross weight greater than the applicable weight on the following table: (e) must not cause, permit, suffer or allow a cart to be filled so that the cover cannot be completely closed (f) must not cause, permit, suffer or allow a cart to be filled so that the contents cannot be completely emptied (g) must not cause, permit, suffer or allow the contents to overflow, fall out of or leak from a cart (h) must return a cart to the City upon request (i) must not cause, permit, suffer or allow any garbage and/or residential organics produced or resulting from their property to be deposited into a cart located on any other property unless the owner or occupier: i. has the permission of the owner or occupier of the real property where a different cart is located; or ii. otherwise directly disposes of the municipal solid waste generated on their property at a provincially approved diversion and disposal facility. 3.9 Where applicable and with the approval of the Director, the City will provide cart service for residential properties that are governed by a strata corporation or cooperative association. 3.10 The owner or occupier of each residential property shall place or cause to be placed a cart on the scheduled collection day in a collection point no earlier than 4:00 A.M. and no later than 7:00 A.M. on the scheduled collection date. 3.11 If a cart has been placed out for collection by 7:00 A.M. but has not been emptied on the scheduled collection date the residential property owner or occupier Cart Size Maximum Gross Weight 120 litres 50 kg 240 litres 75 kg PAGE 6 BYLAW 5911 may report this missed collection to the City's contractor within 24 hours to receive service. 3.12 In winter, a cart may be placed on the road side of snow piles and windrows. The owner or occupier of the property is responsible to maintain a level collection point free of ice and snow without impacting traffic movement and/or snow clearing equipment. 3.13 When a cart has been emptied by the City, the owner or occupier of the property shall return a cart to their own property no later than the end of the scheduled collection date. 3.14 A residential property owner or occupier shall: (a) on their scheduled collection date place a cart and any extra garbage in front of the premises as close to the curb as possible with the front facing outwards towards the roadway, and where no curb is present, place a cart as close to the roadway as possible without creating an obstruction to traffic (b) place a cart and any extra garbage in such a manner so as not to interfere in any way with the ordinary and safe travel of vehicles, pedestrians or cyclists when setting out the cart on the roadway shoulder, against a curb or beside a sidewalk (c) for properties bordering a sidewalk and/or Active Transportation Corridor, place a cart and any extra garbage on the street side of the sidewalk and/or Active Transportation Corridor with the cart fronts facing towards the roadway so as not to obstruct the sidewalk and/or Active Transportation Corridor (d) place a cart and any extra garbage, positioned with the cart fronts facing towards the roadway, in a location free from any obstructions, including other containers, that are at least one metre horizontally away on all sides including the back, and three metres away above the container including tree branches (e) place a cart and any extra garbage in a location where property damage is likely, or contact will be made with any object, including but not limited to, fire hydrants, vehicles, street signs, branches, utility poles or wires (f) store a cart or extra garbage in a manner that will not attract and will prevent access or upset by wild or domesticated animals (g) store and place for collection a cart or extra garbage in a way that will not injure collection personnel. PAGE 7 BYLAW 5911 3.15 In the event there is more than one possible access to a residential property for collection, the Director shall determine the location of collection. Ownership and Maintenance of Carts 3.16 When vacating a residential property, the owner or occupier of the premises shall leave all provided carts at the vacated premises. 3.17 Cleaning of a cart is the responsibility of the owner or occupier of the residential property. 3.18 Cart repairs will be provided by the City or their contractor when requested by the residential property owner or occupier or the collection contractor and upon assessment by the Director. 3.19 A cart that is stolen, unsafe to handle, no longer waterproof, damaged beyond repair, or otherwise unsuitable for continued use will be replaced by the City at no cost at the discretion of the Director. If it is found that a cart was willfully damaged, destroyed or disposed of, the full cost of a replacement cart will be assessed to the owner of the residential property at the rate stipulated in the City's Fees and Charges Bylaw. Collection Schedule 3.20 The City will publish at least annually a schedule and guide for municipal solid waste collection on the City website. Optional Service 3.21 The owner of a residential property not receiving City municipal solid waste collection services may request that the Director provide municipal solid waste collection services at the applicable rates provided for in the City's Fees and Charges Bylaw, and the Director may provide such services if, in the opinion of the Director, such services are compatible with the operation of existing City municipal solid waste collection services. Additional Service 3.22 The owner of a residential property may apply in writing to the Director for an additional cart or for other additional solid waste services, and the Director may provide such services if, in the opinion of the Director, such services are compatible with the operation of existing services. 3.23 The Director may require the owner or occupier of residential property to use an additional cart or other additional solid waste services if, in the opinion of the Director, the owner or occupier is an excess producer. PAGE 8 BYLAW 5911 3.24 If an additional cart or other additional solid waste services is provided, either at the request of an owner, or as required by the Director, the Collector shall apply the additional rates to the property as listed in the Fees and Charges Bylaw. Reduction in Service 3.25 An owner or occupier of a residential property may request a reduction in the number or volume of carts provided to the owner or occupier or allocated to an excess producer to no less than the minimum requirement listed in Sections 3.28 and 3.32. 3.26 The Director may approve a reduction or suspension in service request if the Director is satisfied that this will not cause a nuisance or negatively impact the municipal solid waste collection service in any way. Residential Garbage Collection 3.27 Each residential property will be allocated a minimum number and size of garbage carts at the applicable number and size of cart listed below: Dwelling Number of Units Minimum Allocated carts (per collection period) Single Detached Housing (Primary Dwelling Unit) 1 1 x 120 litre Secondary Suite 1 1 x 120 litre Accessory Dwelling 1 1 x 120 litre Duplex Housing Unit 1 1 x 120 litre Semi-Detached Housing Unit 1 1 x 120 litre Multiple Housing Unit 1 1 x 120 litre PAGE 9 BYLAW 5911 3.28 Extra garbage must be bagged and an extra garbage sticker as defined in Appendix A must be placed on each bag of garbage before placing for collection. Extra garbage collection bags must: (a) be sturdy and strong enough to withstand normal handling (b) be properly sealed (c) not contain any sharp objects which may tear a bag and/or injure collection service personnel (d) not contain organic matter that will attract dogs, cats or omnivorous or carnivorous feral animals (e) when full, not exceed a weight of 25 kgs (50 lbs) (f) when full, not exceed 0.914 metres (3 feet) in any dimension. 3.29 Wet garbage, pet waste, floor sweepings, sawdust or other dusty and granular materials must be in a plastic bag before being placed for collection. 3.30 All materials which might adhere to a cart that is not a plastic garbage bag must be separately contained within individual disposable wrappings or containers before being placed in the cart so as not to inhibit the garbage from falling freely into a collection vehicle during the regular tipping process. 3.31 Ashes shall be completely cooled and shall be placed in a non-combustible container and separated within the cart from other garbage or flammable material. 3.32 Only items listed in Schedule D, Table D-1 of this Bylaw may be placed in a cart or extra garbage for collection. 3.33 No items listed in Schedule D, Table D-2 shall be present in a cart or extra garbage. 3.34 If contaminants listed in Schedule D, Table D-2 are observed by the collection contractor prior to emptying a cart or extra garbage into a collection vehicle, the cart and/or extra garbage will not be emptied, and the residential property owner or occupier is responsible for separating the contaminants from the garbage prior to setting the cart and/or extra garbage out for collection on the next scheduled collection date. 3.35 Clean up of garbage that does not remain in a cart and/or extra garbage bag is the responsibility of the residential property owner or occupier. Residential Organics Collection 3.36 Each residential property will be allocated a minimum number and size of residential organics carts at the applicable number and size of cart listed below: PAGE 10 BYLAW 5911 3.37 Residential organics that overflow or are placed outside a cart will not be collected. Additional service may be requested as described in 3.22. 3.38 Only items listed in Schedule B, Table B-1 of this Bylaw may be placed in a cart for collection. 3.39 No items listed in Schedule B, Table B-2 shall be placed in a cart for collection. 3.40 If contaminants are observed by the collection contractor prior to emptying a cart into a collection vehicle, the cart will not be emptied and the residential property owner or occupier is responsible for separating the contaminants from the residential organics prior to setting the cart out for collection on the next scheduled collection date. 3.41 Only compostable material, including but not limited to paper bags, newspaper, and approved biodegradable plastic may be used to place residential organics in a cart. 3.42 A piece of cardboard may be placed at the bottom of a cart to keep residential organics from sticking. Dwelling Number of Units Minimum Allocated carts (per collection period) Single Detached Housing (Primary Dwelling Unit) 1 1 x 120 litre Secondary Suite 1 1 x 120 litre Accessory Dwelling 1 1 x 120 litre Duplex Housing Unit 1 1 x 120 litre Semi-Detached Housing Unit 1 1 x 120 litre Multiple Housing Unit 1 1 x 120 litre PAGE 11 BYLAW 5911 4 RESIDENTIAL RECYCLABLES COLLECTION SERVICE 4.1 Recycle BC is responsible for the collection of residential recyclables within the City boundaries. The City is not responsible for any aspect of Recycle BC's collection program. 5 CHIPPING SERVICE 5.1 Residential property owners or occupiers may set out yard waste for chipping by the City on the date(s) announced by the City prior to implementation of the service. 5.2 Yard waste for chipping must adhere to the following requirements to receive chipping service: be of a size that will take under 10 minutes to chip not be piled with a neighbor's material not be tangled not be tied together in bundles not have any roots or dirt mixed in the pile have thorns piled separately be stacked with the butt ends facing the street or lane. 6 LEAF COLLECTION SERVICE 6.1 Residential property owners or occupiers may set out leaves for collection by the City on the date(s) announced by the City prior to implementation of the service. 6.2 Only transparent plastic bags may be used to set out leaves. All opaque bags will be considered garbage and subject to extra garbage fees and charges. 6.3 An unlimited number of transparent bags may be set out for leaf collection. 6.4 Bags weighing more than 23 kg (50 lbs) will not be picked up. PAGE 12 BYLAW 5911 7 CHRISTMAS TREE DROP OFF SERVICE 7.1 Residential property owners or occupiers may drop off Christmas trees for chipping at a location and time period specified by the City. Trees must be bare and not contain any decorations or supports. 8 PRIVATE COMMERCIAL COLLECTION 8.1 For City Centre/Neighborhood District Collection: Where collection containers cannot be reasonably placed on private property, they may be permitted in the City laneways only with written approval from the Director. Authorized collection containers allowed in City laneways must be kept tight to walls with the long side to a building wall to permit maximum room for passage of vehicles. Collection containers may be ordered relocated or removed by the Director. 8.2 Temporary collection containers for the purpose of storing and disposing of demolition, renovation and/or construction waste may be placed on a sidewalk, street or lane right-of-way upon receipt of a Hoarding Permit from the City. 8.3 All companies placing collection containers within the City's rights-of-way, with or without a valid Hoarding Permit, must have a minimum of $2,000,000 public liability insurance with the City named as co-insured. 8.4 Regardless of the private collection contract terms the owner or occupier of a commercial property is responsible for maintaining their collection containers in good condition including providing the following: Collection container exteriors are to be clean and painted with the collection company name and telephone number clearly displayed. Collection containers are to be cleaned at least annually or at the direction of the Director, inside and out to prevent odour buildup and unsightliness. Collection containers must be clearly identified and labelled as a recyclable material collection container for such purpose. 8.5 Collection containers that do not meet the requirements of this Bylaw may be ordered removed by the Director. Failure to remove the collection container as and when required may result in penalties as specified in Section 14 of this Bylaw. 8.6 The company placing private collection containers must: PAGE 13 BYLAW 5911 (a) maintain their collection containers in a clean, sanitary and odour free condition (b) ensure that collection containers remain completely closed at all times, except when it is necessary to open the cover to empty the contents into a collection vehicle (c) not cause, permit, suffer or allow a collection container to be filled so that the cover cannot be completely closed (d) not cause, permit, suffer or allow a collection container to be filled so that the contents cannot be completely emptied (e) not cause, permit, suffer or allow the contents to overflow, fall out of or leak from a collection container (f) not cause, permit, suffer or allow any private solid waste produced or resulting from their property to be deposited into a collection container located on any other property unless the owner or occupier: i. has the permission of the owner or occupier of the real property where a different collection container is located; or ii. otherwise directly disposes of the municipal solid waste generated on their property at a provincially approved diversion and disposal facility. 9 CITY PROVIDED COMMERCIAL COLLECTION SERVICE 9.1 The City hereby establishes a system to collect, remove, process and dispose of municipal solid waste from those commercial properties coded for such service on the City's utility accounts. 9.2 All municipal solid waste generated by a commercial property shall be disposed of by the owner or occupier of such commercial property either through the City's municipal solid waste collection service or through a private collection service. Mandatory Service 9.3 The owner or occupier of a commercial property must use the municipal solid waste collection service for garbage and recyclable material provided by the City and outlined in this Bylaw except as otherwise exempted by this Bylaw. 9.4 A commercial property owner may request in writing to the Director to cancel the City provided service at any time by showing written proof to the Director that PAGE 14 BYLAW 5911 they are utilizing an alternative service for the collection and removal of municipal solid waste. Collection Containers and Set out Location 9.5 All collection containers set out for collection are to be placed on private property in an enclosure or behind screening, except as otherwise provided in this Bylaw. 9.6 Municipal solid waste may be placed within City laneways in the Downtown Vernon Business Improvement Area only between 10:00 A.M. and 2:00 P.M. on scheduled collection days. 9.7 The following size, number and types of collection containers must be used for City provided collection services: for garbage collection, an owner or occupier of commercial property may set out the following on their scheduled collection date: i. no more than eight (8) bags not exceeding 25 kg (50 lbs) each of garbage in a 135 litre sealed plastic garbage bag that can be collected manually by collection personnel into a collection vehicle for recyclable material collection, an owner or occupier of commercial property may set out the following on their scheduled collection date: i an unlimited number of transparent plastic bags containing recyclable material as defined and listed in Schedule C, Table C-1, and each weighing no more than 25 kg (50 lbs) that can be collected manually by collection personnel into a collection vehicle. 9.8 The owner or occupier of properties to which the City provides collection service must: (a) maintain their collection containers in a clean, sanitary and odour free condition (b) ensure that collection containers remain completely closed at all times (c) not cause, permit, suffer or allow a collection container to be filled so that it cannot be completely closed (d) not cause, permit, suffer or allow the contents to overflow, fall out of or leak from a collection container (e) not cause, permit, suffer or allow any municipal solid waste produced or resulting from their property to be deposited into a collection container located on any other property unless the owner of occupier: i. has the permission of the owner or occupier of the property where a different collection container is located; or PAGE 15 BYLAW 5911 ii. otherwise directly disposes of the municipal solid waste generated on their property at a provincially approved diversion and disposal facility. 9.9 The owner or occupier of each commercial property shall place or cause to be placed collection containers on the scheduled collection date in a collection point no earlier than 4:00 A.M. on the day of the scheduled collection date and no later than 7:00 A.M. on the scheduled collection date. 9.10 In winter, collection containers may be placed on the road-side of snow piles and windrows. The owner or occupier of the property is responsible to maintain a level collection point free of ice and snow without impacting traffic movement and/or snow clearing equipment. 9.11 A commercial property owner or occupier shall: (a) on their scheduled collection date place the collection containers in front of their premises as close to the curb as possible and where no curb is present, collection containers shall be placed as close to the roadway as possible without creating an obstruction to traffic (b) place the collection containers in such a manner so as not to interfere in any way with the ordinary and safe travel of vehicles, pedestrians or cyclists. Collection Schedule 9.12 The City will publish at least annually a schedule and guide for municipal solid waste collection on the City website. An owner or occupier of a commercial property may request from the City that a paper copy of the collection schedule and guide be provided to them and the City will deliver such within a reasonable time. Additional Service 9.13 The owner of a commercial property may apply in writing to the Director for additional solid waste services for not less than three months, and the Director may provide such services if, in the opinion of the Director, such services are compatible with the operation of existing services. 9.14 The Director may require the owner or occupier of commercial property to use additional solid waste services if, in the opinion of the Director, the owner or occupier is an excess producer for a period not less than three months. 9.15 If additional solid waste services are provided, either at the request of an owner or occupier of commercial property, or as required by the Director, the Collector shall apply the additional rates to the property prorated by date of approval and equal to at least one additional unit on the commercial property. Reduction in Service 9.16 The owner of a commercial property not receiving City municipal solid waste collection services may request that the Director provide municipal solid waste PAGE 16 BYLAW 5911 collection services at the applicable rates provided for in the City's Fees and Charges Bylaw, and the Director may provide such services if, in the opinion of the Director, such services are compatible with the operation of existing City provided municipal solid waste collection services. Commercial Garbage Collection 9.18 Garbage collection containers must: (g) be sturdy and strong enough to withstand normal handling (h) be properly sealed (i) not contain any sharp objects which may tear a bag and/or injure collection service personnel (j) not contain organic matter that will attract dogs, cats or omnivorous or carnivorous feral animals (k) when full, not exceed a weight of 25 kgs (50 lbs) (l) when full, not exceed 0.914 metres (3 feet) in any dimension. 9.19 Wet garbage, pet waste, floor sweepings, sawdust or other dusty and granular materials must be in a plastic bag before being placed in a collection container. 9.20 Ashes shall be completely cooled and shall be placed in a non-combustible container and separated within the collection container from other garbage or flammable material. 9.21 Items listed in Schedule D, Table D-2 shall not be placed in a collection container. 9.22 If contaminants listed in Schedule D, Table D-2 are observed by the collection contractor prior to putting a collection container into a collection vehicle, the collection container will not be collected, and the commercial property owner or occupier is responsible for separating the contaminants from the garbage prior to setting the collection container out for collection on the next scheduled collection date. 9.23 Garbage must be stored and placed for collection in a way that will not injure collection personnel. 9.24 Cleanup of garbage that does not remain in a collection container is the responsibility of the commercial property owner or occupier. Recyclable Material Collection 9.25 Commercial property owners or occupiers within the City boundaries, except properties within the neighborhood areas known as Blue Jay, Predator Ridge, Foothills, Turtle Mountain and Okanagan Landing past 7919 Okanagan Landing Road (the Yacht Club), may set out recyclable material for collection by the City, PAGE 17 BYLAW 5911 at the applicable rate provided for in the City's Fees and Charges Bylaw, in transparent bags. 9.26 Cardboard must be bundled and tied in packages not exceeding 2'x3'x6". 9.27 Shredded materials must be in a transparent bag. 9.28 Recyclable material such as food containers must be cleaned of their contents prior to placing in a transparent bag so as to limit the attraction to wildlife. 9.29 Recyclable material must be stored and placed for collection in a way that will not injure collection personnel. 9.30 Clean up of recyclable material that does not remain in the transparent bag is the responsibility of the commercial property owner or occupier. 9.31 Recyclable material may be placed within City laneways in the Downtown Vernon Business Improvement Area only between 10:00 A.M. and 2:00 P.M. on the scheduled collection date. 10 GENERAL WASTE MANAGEMENT Garbage 10.1 No person shall throw, pile, place or cause to be thrown, placed or piled any garbage upon any highway within the City or upon private property within the City without the express permission of the owner thereof and a permit from the Director. Access to Private Property 10.2 Except as otherwise provided, collection personnel are not permitted to enter upon private property by opening gates, climbing or descending stairs, or lifting collection containers over fences, walls or other obstructions, for collection. 10.3 Where special circumstances exist, the Director may grant extended service onto private property at the rate as stipulated in the City's Fees and Charges Bylaw. To be eligible for extended service, residents must apply in writing to the Director, and must provide proof of disability and reasons why they are requesting this service. Approval will be at the discretion of the Director. Contracts for Collection 10.4 The City may enter into a contract or contracts with a person or persons for the collection, removal, and/or disposal of municipal solid waste generated within the City. PAGE 18 BYLAW 5911 Prohibited Material 10.5 Hazardous waste as defined by the BC Hazardous Waste Regulation, and household hazardous waste that is considered a stewardship product, are prohibited from being placed in a cart, extra garbage or a collection container. 10.6 Generators of hazardous waste as defined by the BC Hazardous Waste Regulation, and household hazardous waste that is considered a stewardship product, are responsible for the safe storage, removal and disposal of such waste at a provincially approved facility. 10.7 The City is only responsible for hazardous waste generated by itself, its contractors, employees or agents. 10.8 Material prohibited or banned from disposal at the Greater Vernon Diversion and Disposal Facility shall not be placed in a cart, extra garbage or collection container. 11 ENFORCEMENT, CONTRAVENTION AND PENALTIES 11.1 This Bylaw may be enforced by a police officer, Bylaw Officer or the Director. The issuance of a ticket or bylaw notice, or proceeding under the Offence Act does not preclude the City from enforcement and remedy by other proceedings available to it by law. 11.2 Every person who: (a) contravenes or violates any of the provisions of this Bylaw; (b) causes, permits, suffers or allows any act or thing to be done in contravention or violation of any of the provisions of this Bylaw; or (c) neglects or fails to do anything required to be done by any of the provisions of this Bylaw commits a contravention and an offence and each day that the offence continues constitutes a separate offence. 11.3 A person convicted of an offence or found guilty of a contravention under this Bylaw is liable: (a) if proceedings are brought under the Offence Act, to pay a fine to a maximum of $50,000 and such other amounts as the court may impose in relation to the offence; (b) if a ticket is issued under the Municipal Ticketing Information Bylaw, to pay a fine to a maximum of $1,000; or PAGE 19 BYLAW 5911 (c) if a bylaw notice is issued under the Bylaw Notice Enforcement Bylaw, to pay a penalty to a maximum authorized under the Local Government Bylaw Notice Enforcement Act. 11.4 The payment of a fine or other penalty imposed under this Bylaw does not relieve a person from paying amounts owing to the City under the Fees and Charges Bylaw or other bylaw in relation to the contravention or offence. 12 SCHEDULES AND REPEAL 12.1 The following schedules are attached to and form part of this Bylaw: Schedule A - Definitions Schedule B - Residential Organics Schedule C - Recyclable Material Schedule D - Garbage Schedule E - Collection Schedule 12.2 "The Corporation of the City of Vernon Refuse Collection Bylaw Number 3148, 1982" and all amendments are hereby repealed and replaced for all purposes. PAGE 20 BYLAW 5911 READ A FIRST TIME this 23rd day of May, 2023 READ A SECOND TIME this 23rd day of May, 2023 READ A THIRD TIME this 23rd day of May, 2023 ADOPTED THIS 12th day of June, 2023. _____________________ ________________________ Mayor Corporate Officer SCHEDULE 'A' Attached to and forming part of Bylaw 5911 Solid Waste Management Bylaw 5911, 2023 A-1 APPENDIX A EXTRA GARBAGE STICKER CITY OF VERNON Residential Extra Garbage Collection Ticket Peel off half of backing and stick ticket to container. SCHEDULE 'A' Attached to and forming part of Bylaw 5911 Solid Waste Management Bylaw 5911, 2023 A-1 SCHEDULE A DEFINITIONS A.1. In this Bylaw: "Accessory Dwelling" means a secondary building used in whole or part as a self- contained residential unit with cooking, sleeping and bathroom facilities, that is secondary to a primary dwelling unit located on the same property. A dwelling unit connected to the primary dwelling by a covered outdoor passage or breezeway is considered an accessory dwelling. (Bylaw 5983) "Active Transportation" means walking, cycling, and the use of Small Wheeled Transport. "Active Transportation Corridor" means the portion of a Highway improved for the use of Active Transportation. "Approved Biodegradable Plastic" means plastic bags and packaging with the Biodegradable Plastics Institute symbol 'BPI Compostable' printed on the product produced by member companies that have their finished products certified as meeting ASTM D6400 and / or ASTM D6868. "Business License" means a Business License issued by the City in accordance with the provisions of the City's Business License Bylaw. "Bylaw Officer" means a person employed by the City of Vernon to perform the functions and duties, and has the powers, privileges and responsibilities respecting the enforcement of municipal bylaws. "Cart" means a wheeled container suitable for automated collection, owned and supplied by the City for the purpose of collecting municipal solid waste from residential properties under the residential garbage and organics collection programs, as further described in this Bylaw. "City" means the Corporation of the City of Vernon. "Collection Container" means a container used by a commercial property for the purposes of setting out municipal solid waste for recycling or disposal by the City or a private collection contractor. SCHEDULE 'A' Attached to and forming part of Bylaw 5911 Solid Waste Management Bylaw 5911, 2023 A-2 "Collection Point" means a location where one or more carts or other containers are placed for collection by the City, the City's contractor, a private collection contractor, and Recycle BC's contractor. "Collector" means the Manager of Financial Operations or their authorized representative. "Commercial Property" means all properties with uses as defined by the 'North American Industry Classification System (NAICS) Canada 2022 Version 1.0' as amended from time to time, and that are not "Residential Properties" as defined herein, and includes premises on the property either owned or leased by the occupier, and for the purposes of this Bylaw, the residential unit(s) are considered commercial. "Commercial Recycling" means the mandatory collection of recyclable material as listed in Schedule C from commercial properties within the City and further described in Section 9 of this Bylaw. "Council" means the municipal council of the City. "Curb" means the raised structural element which may be installed at the outside edge of a Roadway or median, primarily for a gutter. "Director" shall mean the Director, Operations Services of the City, or their authorized designate. "Diversion and Disposal Facility" means the provincially approved facility or facilities designated by the City for the purpose of processing and/or disposing of municipal solid waste. "Duplex Housing" means a building designed exclusively to accommodate two households living independently in separate dwelling units above or below each other. (Bylaw 5983) "Extended Service" means a special service extending municipal solid waste collection onto private property and available to owners or occupiers of residential property with a disability that prevents them from placing the municipal solid waste at the curb themselves. "Extra Garbage" means an excess of garbage that cannot be contained within the cart with the lid closed, and which may be bagged and placed at the curb for collection if the SCHEDULE 'A' Attached to and forming part of Bylaw 5911 Solid Waste Management Bylaw 5911, 2023 A-3 bag clearly displays an Extra Garbage sticker, with such stickers being made available by the City for a fee. "Garbage" means municipal solid waste materials as listed in Schedule D. "Highway" has the meaning prescribed in the Community Charter. "Household Hazardous Waste" also referred to as HHW, is defined as any household product that contains corrosive, toxic, flammable, or reactive components including but not limited to such products as cleaners, fertilizers, pesticides, oil and filters, batteries, pressurized containers (e.g. fire extinguishers), paint, solvents and mercury containing products and does not include hazardous waste material that is generated at a place of business. "Laneway" means a Highway typically having a right of way width of not more than 8 metres and designated as a Laneway by the Director. "Leaves" means leaves generated from a residential property for collection by the City as part of the City's Spring and Fall Leaf Collection Program. "Multiple Housing" means row housing, stacked row housing, apartment housing, apartment hotels, mobile home parks and all tourist residential uses as well as tourist apartment housing. "Municipal Clerk" means the corporate officer for the City appointed under Section 148 of the Community Charter. "Municipal Solid Waste" also referred to as MSW, means refuse that originates from residential, commercial, institutional, demolition, land clearing or construction sources as defined in the BC Environmental Management Act, SBC 2003, Chapter 53, and for the purposes of this Bylaw more specifically means garbage, stewardship products, residential organics, paper products and yard waste as defined in this Bylaw and generated by both residential, properties. "Municipal Solid Waste Collection Service" means the collection of municipal solid waste from residential and commercial properties and City premises such as parks, roadways and public buildings on a scheduled basis using either a specially designed vehicle with mechanical apparatus, which empties a cart directly into a vehicle without SCHEDULE 'A' Attached to and forming part of Bylaw 5911 Solid Waste Management Bylaw 5911, 2023 A-4 requiring manual labour to empty the cart, or another MSW collection vehicle as required under the terms and conditions of a collection contract or program. "Occupier" means a person responsible for a residential or commercial property that is not the owner. "Owner" with respect to any real property, has the same meaning as in the Community Charter. "Paper Products" means that portion of municipal solid waste that is a fiber-based material that can be put into a residential organics collection cart for collection by the City including those materials approved for the Vernon Composts program as amended from time to time and listed in Schedule B. "Person" shall in addition to its ordinary meaning, include a firm or partnership, company or corporation, and the singular shall be held to mean and include the plural and the masculine, the feminine or body corporate, where the context requires. "Pet Waste" includes feces, hair, bedding, food and small dead animals or their parts not larger than 0.3 m in height and width. "Recycle BC" means the agency responsible for the collection and end of life of the stewardship product defined as Packaging and Paper Products, and who collects such stewardship products from residential properties within the Regional District of North Okanagan, including within the City boundaries, using the Recycle BC collection contractor. "Residential Organics" means that portion of municipal solid waste originating from food harvesting, preparation and storage on a residential property that can be put into a residential organics collection cart for collection by the City, including those materials approved for the Vernon Composts program as amended from time to time and listed in Schedule B. "Residential Property" means a parcel which is "Class 1" (Residential) property as defined by the Prescribed Classes of Property Regulation (B.C. Reg. 438/81) of the Assessment Act. "Residential Recyclables" means the stewardship product defined as Packaging and Paper Products under the B.C. Recycling Regulation, B.C. Reg. 449/2004. "Roadway" has the meaning prescribed in the Motor Vehicle Act. SCHEDULE 'A' Attached to and forming part of Bylaw 5911 Solid Waste Management Bylaw 5911, 2023 A-5 "Scheduled Collection Date" means the date the City has assigned a property or premises to receive municipal solid waste collection services and as listed in Schedule E. "Secondary Suite" means a self-contained secondary dwelling unit located within a single detached housing or semi-detached housing. A secondary suite has its own separate cooking, sleeping and bathing facilities. A dwelling unit connected to the primary dwelling by a covered outdoor passage or breezeway is considered an accessory dwelling, not a secondary suite. (Bylaw 5983) "Semi-Detached Housing" means a building containing dwelling units connected side by side at grade and designed exclusively to accommodate two households living independently in separate dwellings, each having a separate entrance at, or near, grade. (Bylaw 5983) "Shoulder" means the paved or unpaved outer edge of a Roadway surface, usually marked by a painted solid white line, intended for the use of Active Transportation. "Sidewalk" means the area between the Curb-lines or lateral lines of a Roadway and the adjacent property line improved and intended for the use of pedestrians. "Single Detached Housing" means a detached building containing only one dwelling unit, designed exclusively for occupancy by one household, and a secondary suite where permitted. "Stewardship Products" means products within a specified product category that are the responsibility of the producers of such products, are managed for such producers by stewardship agencies, and are defined in the B.C. Recycling Regulation, B.C. Reg. 449/2004. "Strata" means a property that is a) held by strata lot lease under Part 3 (Leasehold Strata Plans) of the Strata Property Act, or b) a strata lot as defined in section 1 of the Strata Property Act, or c) a strata lot created by a "bare land strata plan" as defined in section 1 of the Strata Property Act. "Vehicle" has the meaning prescribed in the Motor Vehicle Act. SCHEDULE 'A' Attached to and forming part of Bylaw 5911 Solid Waste Management Bylaw 5911, 2023 A-6 "Vernon Composts" means the City's plan to divert residential organics and yard waste from disposal by enhancing its municipal solid waste collection program to achieve its community-wide climate action goals and includes all materials listed in Schedule C of this Bylaw. "Yard Waste for Chipping" means yard trimmings and branches greater than 1.25 cm (0.5 inches) in diameter but less than 10 cm (4 inches) in diameter that may be placed at the curb for chipping by the City. SCHEDULE 'B' Attached to and forming part of Bylaw 5911 Solid Waste Management Bylaw 5911, 2023 B-1 SCHEDULE B Residential Organics and Contaminants Attached to and forming part of "Solid Waste Management Bylaw 5911, 2023" Table B-1 lists the materials allowed to be placed in the residential organics cart. Table B-1: Residential Organics Residential organics Paper Products Yard Waste 1. Fruits 2. Vegetables 3. Bones 4. Meat (raw or cooked) 5. Fats 6. Eggs and eggshells 7. Nuts 8. Cheese 9. Pasta and rice 10. Sauces and syrup 11. Tea bags and loose- leaf tea 12. Coffee grounds 13. Bread and bakery items 1. Paper bags 2. Cereal or pizza boxes 3. Paper towel and roll 4. Tissue box and tissue 5. Newspaper, flyers and magazines 6. Wood chopsticks 7. Wax paper wrappers 8. Paper packets (sugar, pepper, saltz0 9. Bambooware 10. Paper plates and bowls (non-waxed) 1. Leaves 2. Garden trimmings 3. Grass clippings 4. Sticks (less than 0.5 inches in diameter) 5. Flowers 6. Bulbs 7. Seeds 8. Weeds (non-invasive) Table B-2 lists the materials that are considered contaminants or unacceptable in the residential organics cart. SCHEDULE 'B' Attached to and forming part of Bylaw 5911 Solid Waste Management Bylaw 5911, 2023 B-2 Table B-2: Contaminants 1. animal feces 2. aluminum 3. bio-medical waste 4. metal items 5. drywall 6. glass 7. hazardous and toxic waste 8. personal hygiene products such as diapers, feminine hygiene products and incontinence products 9. plastic items such as cutlery, wrapping, packaging and food containers other than approved biodegradable plastics 10. stickers 11. Styrofoam 12. toxic plants including Devil's Club (Oplopanax Horridus), Giant Hogweed (Heracleum Mantegassianum), and Spurge Laurel (Daphne Laureola) 13. wood, except wood utensils SCHEDULE 'C' Attached to and forming part of Bylaw 5911 Solid Waste Management Bylaw 5911, 2023 C-1 SCHEDULE C Recyclable Material and Contaminants Attached to and forming part of "Solid Waste Management Bylaw 5911, 2023" Table C-1 lists the materials allowed in the commercial recycling program. Table C-2 lists the materials that are considered contaminants or unacceptable in the commercial recycling program. Table C-1: Recyclable Material Paper Containers 1. Newspapers, inserts, and flyers 2. Magazines, catalogues and phone books 3. Boxboard boxes 4. Moulded paper 5. Household paper 6. Envelopes 7. Paper bags 8. Shredded paper (contain in paper bag or box first) 1. Plastic bottles, jars and jugs 2. Plastic trays and clamshells 3. Plastic garden pots and seedling trays 4. Caps, tops, lids and pumps 5. Plastic or paper take-out cups, bowls and lids 6. cartons for soup, dairy, etc. 7. Metal cans 8. Aerosol cans (empty) 9. Foil wrap and foil take out containers Table C-2: Contaminants 1. Bio-medical waste such as syringes 2. Building material such as drywall 3. Glass panes and containers 4. Hazardous and toxic waste SCHEDULE 'C' Attached to and forming part of Bylaw 5911 Solid Waste Management Bylaw 5911, 2023 C-2 5. Liquids 6. Old, corrugated cardboard 7. Personal hygiene products such as diapers, feminine hygiene products and incontinence products 8. Plastic bags and flexible plastic packaging 9. Plastic overwrap 10. Styrofoam and foam packaging 11. Stewardship products besides packaging and paper SCHEDULE 'D' Attached to and forming part of Bylaw 5911 Solid Waste Management Bylaw 5911, 2023 D-1 SCHEDULE D Garbage Material and Contaminants Attached to and forming part of "Solid Waste Management Bylaw 5911, 2023" Table D-1 lists the materials allowed in the garbage collection program. Table D-1: Garbage Material 1. Materials that are not allowed in the City's residential organics and commercial recycling programs (see Schedules B and C) and materials that are not stewardship products 2. Personal hygiene products 3. Textiles that cannot be donated or repurposed 4. Pet waste, double wrapped 5. Sweepings and dust contained in wrapping or another container 6. Ashes that have been cooled Table D-2 lists the materials that are considered contaminants or unacceptable in the garbage collection program. Table D-2: Contaminants 1. Bio-medical waste such as syringes 2. Building materials such as drywall 3. Bulky items such as furniture and appliances 4. Household hazardous waste 5. Hazardous and toxic waste 6. Liquids 7. Hot ashes SCHEDULE 'D' Attached to and forming part of Bylaw 5911 Solid Waste Management Bylaw 5911, 2023 D-2 Table D-2: Contaminants 8. Offal and butchering waste 9. Recyclable material as listed in Schedule C, Table C-1 and allowed in the Recycle BC program 10. Residential Organics 11. Stewardship products SCHEDULE 'E' Attached to and forming part of Bylaw 5911 Solid Waste Management Bylaw 5911, 2023 E-1 SCHEDULE E Collection Schedule City Provided Collection Service Frequency as per the 'Scheduled Collection Date' Residential Garbage Once every two weeks as advertised by the City Residential Organics Once per week as advertised by the City Chipping Once per year (spring) as advertised by the City Leaf Collection Twice per year (spring and fall) as advertised by the City Christmas Tree Once per year as advertised by the City Commercial Garbage Once per week (regular collection is Wednesdays) Commercial Recyclable Material Once or twice per week (regular collection is Wednesdays and registration is required for Fridays)