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VILLAGE OF DUNNOTTAR
BY-LAW NO. 951/18
Being a By-Law of the Village of Dunnottar to provide for regulation
of the collection, removal, and disposal of sewage, sewage effluent,
garbage, and other refuse.
WHEREAS The Municipal Act, S.M. 1996, c. 58 provides, in part, as follows:
232(1)
A council may pass by-laws for municipal purposes respecting the following
matters:
a) the safety, health, protection and well-being of people, and the safety and
protection of property;
b) people, activities and things in, on or near a public place or a place open to
the public, including parks, municipal roads, recreation centres, restaurants,
facilities, retail stores, malls, and private clubs and facilities that are exempt
from municipal taxation;
c) subject to section 233, activities or things in or on private property;
f) property adjacent to highways or municipal roads, whether the property is
publicly or privately owned;
i) preventing and fighting fires;
l) public utilities;
o) the enforcement of by-laws.
232(2)
Without limiting the generality of subsection (1), a council may in a by-law
passed under this Division
a) regulate or prohibit;
d) establish fees or other charges for services, activities or things provided or
done by the municipality or for the use of property under the ownership,
direction, management or control of the municipality;
e) except where a right of appeal is already provided in this or any other Act,
provide for an appeal and the body that is to decide the appeal, and related
matters;
233
A by-law under clause 232(1)(c) (activities or things in or on private property)
may contain provisions only in respect of
a) the requirement that land and improvements be kept and maintained in a
safe and clean condition;
d) activities or things that in the opinion of the council are or could become a
nuisance, which may include noise, weeds, odours, unsightly property,
fumes and vibrations.
AND WHEREAS the Council of the Village of Dunnottar deems it advisable and in the best
interest of the Village to regulate the collection, removal and disposal of sewage, sewage
effluent, garbage, and other refuse.
NOW THEREFORE the Council of the Village of Dunnottar in regular session assembled,
enacts as follows:
1) Where used in this By-Law, unless the context otherwise requires:
a) Brush means brushwood, including any scrub vegetation, trees or other living scrub
vegetation;
b) Building refuse means the material from excavations, materials used by the building
trade, debris from any building destroyed by fire or debris created by any other cause;
c) Designated Officer means a person appointed under the Designated Officer By-Law of
the Village of Dunnottar;
d) Environment Officer means the Public Health Inspector/Environment Officer as
persons appointed or designated under The Environment Act;
e) Holding tank means a watertight receptacle designed to retain sewage or sewage
effluent;
Refuse Collection Bylaw
No. 951/18
Page 2 of 3
f) Insanitary condition means any nuisance or any condition, matter or thing which, in
the opinion of a Designated Officer or Environment Officer, may be injurious to health
or which in his or her opinion may result in the creation of a garbage control problem or
a nuisance
g) Occupier means the person in occupation of a premises, or if it is vacant, the person in
charge thereof;
h) Residence shall include a building, house, tent, trailer or other accommodation that is
used for human habitation or to provide food, lodging or entertainment for a human
being or human beings or used for commercial or industrial purposes;
i) Sewage means human body, toilet, sink, laundry, or other grey water waste;
j) Solids means the contents of the primary cell of a holding tank;
k) Village means the Village of Dunnottar.
2) Refuse Collection Containers
a) Every residence shall at all times be equipped with sufficient receptacles to hold all
garbage and recycling brought to or created on said premises between regular waste
pickups. It is recommended that refuse containers be constructed in a manner to
prevent the intrusion of wildlife.
b) Receptacles shall be watertight, no larger than 30 inches in height and 24 inches in
width. They shall have a cubic content no larger than 5 cubic feet, having a gross
weight of not more than 50 pounds and may consist of:
i) a galvanized circular metal container equipped with a close-fitting metallic cover
and handle;
ii) durable plastic containers with a close-fitting lid and handles, or;
iii) plastic bags of adequate strength that are securely tied or otherwise adequately
closed up so that contents thereof cannot escape;
iv) such other kinds or containers that may be approved by the Council of Dunnottar by
By-Law from time to time.
c) Offence 951-1: If a refuse receptacle is overturned, scavenged or otherwise tampered
with, it is the owner/occupier of the property who is responsible to clean the resulting
mess.
3) Refuse Collection
a) On garbage collection days, containers for garbage, recycling and any brush shall be
placed at the rear lot line, where there is a backlane, or at the front lot line in all other
cases. Brush will only be collected and disposed of by the Village of Dunnottar if cut
in three-foot lengths and bundled so that a single person can easily lift and deposit the
bundle in the garbage disposal vehicle;
b) The Village of Dunnottar will only pickup and dispose of brush if cut and bundled as
described in sub-paragraph (a) above unless special arrangements have been made with
and approved by the Village of pickup and disposal;
c) Offence 951-2: No person shall deposit or cause to be deposited brush, furniture,
appliances or any other manner of refuse on any public property unless approved by the
Village. In the event any person is found to have deposited any brush, furniture,
appliances or any other manner of refuse on any public property without the approval
of the Village, the Village of Dunnottar may remove it at the expense of the person who
so deposited the refuse and place it in an approved disposal area. In this event, the
Village of Dunnottar may charge the cost of removing and disposing of the
aforementioned refuse and the applicable Administration Fee against the land from
which the matter originated and recover that charge in the same manner as taxes are
recovered.
4) Holding Tank Services
d) The emptying of a holding tank shall mean the removal by pumping of the contents
thereof, or of 1,000 gallons of liquid waste whichever shall be the lesser amount. The
emptying of the "solids" shall not be included in the regular weekly service but may be
requested as an additional pumpout from the Village Contractor.
e) Each holding tank shall be emptied by the Village Contractor at the expense of the
Village, once in each week during the Summer period, April 16 to October 15 of any
year.
Refuse Collection Bylaw
No. 951/18
Page 3 of 3
f) During the Winter period, October 16 to April 15 of any year, properties that have
registered with the Village Contractor shall have their holding tank emptied once in
each week.
g) During the Winter period, October 16 to April 15 of any year, properties that have not
registered to have their holding tank emptied once in each week, may call the Village
Contractor for an occasional pickup at no expense, the occasional pickup shall not be
more than once in a week.
h) Where a property requires the holding tank to be emptied more than once in a week,
they may contact the Village Contractor to request same, the charge for each additional
pumpout shall be paid before the service is received and shall be for the amount of an
additional pumpout as identified in the by-law governing the Sewage Hauling
Agreement in effect at the time.
i) Where an order is received from the Environment Officer to empty a holding tank more
than once a week, the owner or occupant of the property of which the service is
rendered shall pay the amount of an additional pumpout as identified in the by-law
governing the Sewage Hauling Agreement in effect at the time.
5) Any person who contravenes any provision of this By-Law is guilty of an offence, and
liable to a fine not less than $100.00 and not exceeding $1,000.00 and costs.
6) In all cases where the regulations under The Environment Act may be referred to, any
reference therein to Environment Officer shall mean Public Health Inspector/Environment
Officer as defined in this By-Law, and any reference to Designated Officer, shall mean the
person or persons appointed by the Village.
7) By-Law No. 580 and By-Law No. 632 of the Village of Dunnottar are hereby repealed.
8) This By-Law shall come into force and effect on and from the date of its enactment.
DONE AND PASSED by the Council of the Village of Dunnottar, in Council duly assembled,
at Dunnottar, in Manitoba, this day of , 2018.
Richard Gamble, Mayor
J.M. Thevenot, Administrator
Read a first time this
day of
A.D. 2018.
Read a second time this
day of
A.D. 2018.
Read a third time this
day of
A.D. 2018.