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THE RURAL MUNICIPALITY OF RITCHOT
"THE LITTER BY-LAW"
BY-LAW NO. 5-2011
BEING A BY-LAW OF THE RURAL MUNICIPALITY OF RITCHOT TO
REGULATE AND ESTABLISH CONTROLS OVER THE PLACING OR
DEPOSITING OF LITTER.
WHEREAS Section 232 (1), (a), (b), (c) and 232 (2) (d) of The Municipal Act,
S.M. 1986, c.58, provides 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 places or a place
open to the public, including parks, municipal roads, recreation centers,
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."
"232(2), Without limiting the generality of subsection (1), a council may in a by-
law passed under this Division;
(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."
AND WHEREAS Section 233 (d) of The Municipal Act, S.M. 1986, c.58,
provides as follows:
"233 A by-law under clause 232 (1) (c ) (activities or things in or on private
property) may contain provisions only in respect of
(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 Rural Municipality of Ritchot deems it
expedient and in the public interest to pass a By-law to prohibit littering on private
or public property, including a highway;
NOW THEREFORE the Council of The Rural Municipality of Ritchot, in open
Council assembled hereby enact as follows:
1.00
SHORT TITLE:
1.01
THAT this By-law be referred to as "THE LITTER BY-LAW".
2.00
DEFINITIONS:
2.01
THAT unless the context otherwise requires, where used in this By-law:
2.03
"Animal: means any creature not human;
2.04
"Animal and agricultural wastes" means manure, crop residues and like
materials from agricultural pursuits, stables, kennels, veterinary
establishments and other such premises;
2.05
"Ashes" means residue from the burning of wood, coal, coke and other like
material for the purposes of cooking, heating buildings, and disposing of
waste combustible materials;
2.06
"Bulky wastes" means large items of refuse including appliances, furniture,
large auto parts and large crates;
2.07
"Construction and demolition wastes" means waste building materials and
rubble resulting from construction, remodeling, repair, demolition, or fire in
houses, commercial building, pavements and other structures;
2.08
"Domestic animal wastes" means wastes from household pets including, but
not limited to excrement, used bedding, and the contents of litter boxes;
2.09
"Garbage" means animal and vegetable wastes, including food packaging
material with residual food materials, resulting from the handling,
preparation, cooking and serving of foods in households, institutions and
commercial concerns and market wastes resulting from the handling,
storage and selling of foods in wholesale and retail stores and markets;
2.10
"Industrial refuse" means wastes arising from or incidental to manufacture,
processing or like operations in factories, processing plants, industrial
processes and manufacturing operations, and includes wastes such as
putrescible garbage from food processing plants and slaughterhouses,
condemned foods and products, cinders and ashes from power plants and
large factories, and miscellaneous manufacturing wastes;
2.11
"Litter" means animal and agricultural wastes, domestic animal wastes,
liquid and semi-liquid wastes, dead animals, ashes, garbage, construction
and demolition wastes, industrial refuse, rubbish, solid wastes or refuse,
motor vehicle parts, scrap metal, abandoned or unattended shopping carts
and special wastes, including, but not limited to, street cleanings,
containers, packages, bottles, cans or parts thereof, and any deserted or
discarded articles, products or goods of manufacture'
2.12
"Municipality" means the Rural Municipality of Ritchot.
2.13
"Rubbish" means combustibles, consisting of miscellaneous burnable
materials such as paper, rags, cartons, boxes, wood excelsior, bedding,
rubber, leather and plastics, non-combustibles consisting of miscellaneous
materials that are not burnable, such as tin cans, metals, ceramics, metal
foils and glass, and yard rubbish, consisting of pruning, grass clippings,
weeds, leaves, general garden wastes and tree cuttings, exclusive of solid
wastes otherwise classified herein;
2.14
"Solid wastes or refuse" means the useless, unwanted or discarded solid
materials resulting from normal community activities, including semi-liquid
or wet wastes with insufficient moisture and other liquid content to be free
flowing.
3.00
PROHIBITED ACTS:
3.01
THAT no person shall deposit or leave or cause or permit the depositing of
leaving of litter upon any land, water or ice, highway within the
Municipality unless
a) the litter is placed into a litter receptacle;
b) the litter is deposited in a location designated for this purpose, by the
local authority having jurisdiction, during special clean up days;
c) the depositing or leaving is the result of an emergency; or
d) the litter is placed for normal pick-up service by the local authority
having jurisdiction for removal to a waster disposal ground.
3.02
THAT this by-law applies to all property and to all owners and occupiers of
property within the Municipality and any person passing through the
Municipality.
3.03
THAT every person shall ensure that no litter blows, or is otherwise
carried, from property onto a public place or other property.
3.04
THAT every person operating a motor vehicle shall ensure that no load or
part of a load on that vehicle blows or falls upon any road or adjacent
property.
3.05
THAT where the Municipality removes any substance that is mentioned
from private or public property, the costs incurred will be charged to the
owner of the private property on which the aforementioned substance was
deposited, or to the person who placed or deposited the substance
mentioned and providing the recovery thereof by action in a court of
competent jurisdiction, or by adding it to, and recovering it as, taxes against
any land in the Municipality owned by that person.
4.00
PENALTY:
4.01
THAT every person who contravenes, or refused, neglects or omits, or fails
to obey or observe, any provision of this by-law is guilty of an offense and
is liable, on summary conviction to a fine of a minimum of $100.00 and not
exceeding $1,000.00 or to imprisonment for a term not exceeding one
month, or to both such a fine and such an imprisonment.
4.02
THAT where the contravention, refusal, neglect, omission or failure,
continues for more than one day, the person on summary conviction may be
found guilty of a separate offense for each day that it continues.
5.00
ENACTMENT:
5.01
This by-law shall come into full force and take effect upon the passage
thereof.
6.00
VALIDITY OF BY-LAW:
6.01
Should any provision of this by-law be declared to be invalid by a court of
competent jurisdiction, it is the intent of Council that it would have passed
all other provisions of this by-law independent of the elimination of any
such portion as may be declared invalid.
DONE AND PASSED by the Council of The Rural Municipality of Ritchot duly
assembled in the council chambers, 352 Main Street at St. Adolphe, Manitoba, this
6th day of September, 2011.
THE RURAL MUNICIPALITY OF RITCHOT
____________________________________________
Mayor
___________________________________________
Chief Administrative Officer
Read a first time this 5th day of July, A.D. 2011.
Read a second time this 6th day of September, A.D. 2011.
Read a third time this 6th day of September, A.D. 2011.