Channel-Port aux Basques, Newfoundland and Labrador
· adopted 2011-06-14
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GARBAGE AND REFUSE REGULATIONS
PUBLISHED BY AUTHORITY
Pursuant to the authority conferred by Section 414 of The Municipalities Act, Chapter M-24,
RSN 1999, the Town Council of Channel -Port aux Basques hereby enacts the following
Regulations which were adopted at a Public Council Meeting held on the 14th day of June A.D.
2011.
MAYOR
GARBAGE AND REFUSE REGULATIONS 2011
1. These regulations may be cited as the Town of Channel - Port aux Basques Garbage and
Refuse Regulations, 2011.
2. In these regulations unless the context otherwise requires:
a. "Act" means the Municipalities Act, 1999 as amended;
b. "Approved" means approved by the Director;
c. "Ashes" means the residue of any substance used as fuel for household purposes after such
substance has been consumed by fire, but not including soot;
d. "Bulk Items" means heavy or bulky items such as stoves, refrigerators, dishwashers, clothes
washers, clothes dryers, furnaces, boilers, bed springs, furniture, fencing, boxes and barrels and
similar items.
e. "Business Establishment" means real property which is assessed business occupancy tax under
the provisions of the assessment act;
f. "Council" means the Town Council of the Town of Channel - Port aux Basques;
g. "Garbage" means all kitchen and table waste of animal or vegetable origin resulting from the
preparation of food;
h. "Garden Waste" means the waste material from gardens, consisting of grass clippings, dead
branches, bushes, weeds, plants, stones and other similar materials;
i. "Householder" means the owner, occupant, lessee, tenant or the person in charge of a dwelling,
mobile home, hotel, restaurant, apartment block, office building, public institution or other
building;
j. "Nuisance" means anything or any condition of things which is or may become injurious or
dangerous or presents an obstruction to pedestrians or vehicular traffic or anything or any
condition of things, that in the opinion of Council, has an unpleasant effect on the senses or
adversely affects the amenities of the surrounding property;
k. "Receptacle" for the purpose of these Regulations means a storage facility for the purpose of
storing garbage containers during periods between collections;
l. "Refuse" means all other miscellaneous waste material not specifically defined as garbage
including but not restricting the generality of the foregoing, all vehicles tracked or wheeled
and/or any object deemed to be in such a condition of disrepair that it adversely affects the
amenities of the surrounding property;
m. "Director" means the Director of Public Works or his designate;
n. "Soot" means the black powdering substances, formed by the burning of coal, wood and other
carbon compounds;
o. "Swill" means wet table scrappings, garbage or other waste materials, or animal or vegetable
matter, which has attained a liquid or partly liquid state;
p. "Town" means the Town of Channel - Port aux Basques;
q. "Trade Waste" means garbage and refuse from department stores, offices, business
establishments and buildings and including all kinds of paper, magazines, pasteboards, rags,
packing materials, excelsior and other like materials, accumulated in or incidental to the carrying
on of any business;
r. "Grubbing" means trees, roots, stumps, topsoil from the clearing of land;
s. "Demolition material" means all material from the destruction of buildings and foundations or
structures.
ADMINISTRATION
3. The "Director of Public Works" or his designate shall administer and enforce the provisions of
these Regulations and for the purpose may:
a. Divide the Town into sections;
b. Designate a particular day of the week for collection of garbage and refuse in each section;
and
c. From time to time alter the boundaries of each of the sections and shall notify the public of
such changes in boundaries.
DAYS AND TIMES OF COLLECTION
4.
a. Collection of garbage and refuse shall be at least once in every seven (7) days, commencing at
the hour of eight o'clock in the forenoon (8:00 a.m.), or seven thirty (7:30 am) during summer
months, provided however, that when a public or statutory holiday occurs on a collection day,
such collection may be made on the next following working day, unless otherwise specified by
the Director of Public Works or his designate.
b. Collection of bulk items shall be by special collection only at such times and upon such terms
and conditions as the Director of Public Works or his designate may determine having due
regard to the availability of manpower and equipment and to the requirements of regularly
scheduled collections.
c. All garbage and refuse being placed for collection shall not be so placed earlier than 6:00 a.m.
on the day designated for collection in the area.
d. All garbage and refuse being placed for collection shall not be so placed later than 8:00 a.m.
on the day designated for collection in the area.
e. Empty receptacles and/or containers as well as material refused for collection shall be
removed from the streets by the householder before 8:30 p.m. on the same day as the garbage
was placed for collection.
RESTRICTIONS
5.
a. Containers shall not be put out for collection except on the day designated for collection in the
area;
b. No person or persons shall permit any animal owned by him/her or under his/her control to
pick over, interfere, disturb, remove or scatter any material placed out for collection;
c. No householder shall put out for collection more than six (6) containers or their equivalent for
collection by the Town on any one collection day. Each container or bundles shall not weigh
more than 22.5 kilograms (50 pounds).
d. Every owner or operator of a business establishment producing 20 or more bags of garbage
per week shall be responsible for the removal of refuse from their respective premises to the
Town Dump.
e. No person, firm or corporation shall place or cause to be placed any garbage or refuse at any
barrier or along any roadside leading to or from the Town Dump.
f. No person, firm or corporation shall enter upon any area designated as a Town Dump except
during the hours as prescribed or posted by Council, or their designate, unless the consent of
Council has been given in writing.
g. No person, other than the employees of the Council, or their designate, authorized for that
purpose, shall pick over, remove, disturb or otherwise interfere with any garbage or refuse placed
for removal by the Council whether or not it is enclosed in receptacles or containers.
h. No person, firm or corporation shall enter upon or remove any garbage or refuse from the
Town Dump unless authorized to do so by Council.
i. No person, firm or corporation shall place or cause to be placed any garbage or refuse upon
any area of the Town Dump in contravention of any sign that may be posted, or in any area
contrary to the instructions given by the Landfill Attendant.
STORAGE AND DISPOSAL
6. Every householder and every operator of a business establishment, shall at their own expense
make adequate arrangements for:
a. The storage of garbage in receptacles that are impervious to animals;
b. The disposal of any material not collected by the Town as referred to in Section "11" herein,
whenever sufficient quantity to warrant such disposal is cumulated;
SUITABLE CONTAINERS
7.
a. Every householder shall provide suitable containers for garbage and refuse. Containers which
are non-disposable shall be maintained in a good state of repair and in a sanitary condition.
b. No person, firm or corporation shall deposit, throw, sweep or place any garbage upon any
street, lane, drain, public place or private property outside of buildings within the Town unless
the same is enclosed in approved water tight containers provided with handles and a cover and
being of a capacity not exceeding ninety litres; or in large polyethylene or similar water proof
bags securely tied.
c. Every person, firm or corporation being the owner of a building or buildings and premises
within the Town shall provide approved containers as mentioned in the preceding regulations for
the use of such building or buildings and premises for the reception of garbage, and all garbage
from such building or buildings and premises shall be placed in such containers.
TYPE OF CONTAINERS
8.
a. A suitable container shall mean a standard metal garbage container, or a container of other
substantial material approved by Council. Each container, with the exception of polyethylene
bags, shall have a content capacity of not less than twenty-five (25) litres (5.5 gallons) and a
minimum size of 66 cm x 91 cm (26 in. X 36 in.).
b. A suitable container shall also mean a polyethylene garbage bag but shall not include small
plastic bags commonly referred to as supermarket or shopping bags; kitchen catchers or
cardboard cartons.
c. A polyethylene garbage bag shall have a material thickness of at least one and one-half (1 ½)
mil.
d. No liquids shall be deposited or placed in a polyethylene garbage bag for collection.
e. A polyethylene garbage bag placed for collection shall be securely tied or closed at the top.
f. Garbage containers shall be kept covered and in a sanitary condition at all times.
g. Subject to Regulation 7, no person, firm or corporation shall deposit, throw, sweep, or place
any refuse upon any street, lane, drain, public place or private property outside buildings within
the Town unless the same is enclosed in boxes, barrels or other proper receptacles in such a
manner as to in no way constitute a nuisance or annoyance to others.
PLACE FOR CONTAINERS
9. a. Garbage containers shall be placed for collections in front of the premises at the curb or
street line.
b. No container may be placed on Council property, road right of ways, or easements without the
written permission of Council. Such containers may be removed by Council without notice.
Council may charge the owner for removal and storage of the containers at a rate of $70 per hour
with a minimum of 1 hour charge for collection. All containers not retrieved by the owner within
14 calendar days from the date removed by the Town will be destroyed with the related costs of
collection and storage billed to the owner if an owner can be identified.
COVERING OF GARBAGE PLACED FOR COLLECTION
10.
a. Garbage placed for collection shall be covered with a weighted, solid colored, nylon or
polyester net with a maximum mesh size of 25 mm x 25 mm or other type of weighted covering
acceptable to the Town.
b. Nets and other type covers used for the covering of garbage shall be designed and maintained
in a manner acceptable to the Town so as to ensure they provide adequate coverage, cannot be
blown off the garbage, are easily removable by the garbage collector and do not blow away once
the garbage has been removed..
c. The metal or plastic containers used to contain garbage placed for collection and nets used to
cover garbage placed for collection shall be removed from the curb or street line no later than
8:30 p.m. on the day which the garbage was placed for collection.
MATERIALS NOT COLLECTED
11. The Town shall not collect:
a. Swill, liquid waste or other organic matter which has not been properly drained or wrapped;
b. Highly combustible or hazardous material, such as oil, or gasoline soaked rags, gas containers,
propane cylinders, paint, pesticides, ammunition, dynamite, or other explosive matter, chemicals,
acids or their residues, derivatives or by-products;
c. Dressings, bandages or other infected material from hospitals, or offices of physicians,
surgeons, dentists and veterinarians;
d. Trade Waste;
e. Garbage or refuse which has not been placed for collection in the manner provided by these
Regulations;
f. Tree branches or roots exceeding twenty (20) centimetres (8 inches) in diameter and one and
one-half (1.5) metres (5 feet) in length and any other trees, branches or roots not securely tied;
g. Sheet iron, scrap metal, car bodies, tires of all types and sizes;
h. Carcass of any animal;
i. Garbage or refuse left by a contractor, upon any street, lane, drain, public or private property;
j. Sharps/needles/broken glass that have not been adequately packaged. Sharps/needles must be
placed in a puncture proof container before being put in the garbage. Broken glass must be
packaged in such a manner that the glass does not protrude through the container. The container
must be marked "BROKEN GLASS".
COMMERCIAL GARBAGE CONTAINERS (DUMPSTERS)
12.
1. Commercial garbage containers:
a.) shall be located on any non-residential lot such that the container does not extend beyond the
building line of the property;
b) Container covers shall be closed at all times to ensure garbage is not spilling over or blowing
out of the container;
c) shall not be placed on any vacant lot;
d) shall not be located on any residential lot;
2. Not withstanding subsections 1, 2, and 3, commercial garbage containers may, upon approval
from the Town, be placed at any location, on any lot, for a period specified by the Town, for the
purpose of carrying out repairs, construction or demolition of a building located on that lot.
DOG EXCREMENT
13. Every owner of a dog present with the dog at the time when the dog fouls with excrement
any property (including parks, public open space, streets, sidewalks, and private land other than
the land of the dog owner shall forthwith remove the excrement.
SPRING CLEAN-UP
14. The Town will conduct a two week spring cleanup each year. Dates are to be set and
advertised in the local paper and available at the Town Hall. During these weeks, collection will
be for all household items, with the exception of tires, rocks, gravel, trees/branches that are not
securely bundles, concrete, or hazardous materials.
a. Refuse must not be put out before or after the designated dates for the clean-up.
b. Household refuse normally collected during the year is not to be included with clean-up
materials.
c. To have vehicle wrecks removed, call the Town Office.
e. Branches must be tied in bundles not greater than six foot lengths for easy pick up.
VEHICLES CARRYING GARBAGE AND REFUSE
15.
a. No person, firm or corporation shall transport garbage or refuse of any kind on any street
within the Town unless such garbage or refuse is transported in an enclosed truck, or container or
is otherwise secured so that it shall not fall from the vehicle or other means of transportation unto
the street.
b. No person, firm or corporation shall deposit garbage or refuse at the Town Dump site without
authorization or contrary to instructions from the Dump Attendant designated by the Director, or
contrary to signage.
c. All vehicles and containers used for the transportation of garbage, refuse or swill shall be kept
in a sanitary condition at all times.
d. Town Officials or their designate may inspect vehicles used for garbage collection at all
reasonable times to ensure compliance with these regulations.
e. The disposal of grubbing, concrete or demolition material shall be done only as directed by the
Landfill Attendant and with prior approval from the Director. Fees to incorporate the material
into the landfill site in an appropriate manner shall be set by the Town as deemed necessary.
f. The Town may designate officials to enforce these regulations.
g. Disposal of commercial corrugated cardboard will not be permitted at the Landfill Site, if a
recycling facility within the Town of Channel - Port aux Basques will accept this material.
FEES FOR GARBAGE COLLECTION AND DISPOSAL
16.
a. The following fees shall be applied for collection of garbage if work is performed by the
Town:
Vehicle removal - $70 per vehicle plus any storage, handling, administration, legal, appraisal,
and selling fees, outside of the cleanup week schedule.
Clean up of debris from a property - $70 per hour with a minimum of 1 hour charge
b. The following fees may, at the discretion of the Director, be applied for garbage disposal by
commercial users and haulers:
Tandem trucks: $50 per load
Single axle trucks: $30 per load
Large utility trailers (approximately 20 feet in length): $15 per load
Dumpsters: $5 per dumpster load for three or more loads from any one location.
REMOVAL ORDERS
17.
a. Notwithstanding anything contained in these regulations, the Director may at any time order
the owner to clean up and remove any accumulation of garbage or refuse outside any building or
buildings or on any other private property within the Town; and
b. If the owner neglects or refuses, when ordered by the Director to clean up and remove any
accumulation of garbage or refuse from his premises, the Director may cause the clean up and
removal of such accumulation at the expense of the owner.
LITTERING PROHIBITION
18. No person shall obstruct, litter or befoul any street, sidewalk or public place in the Town with
any refuse, debris, litter, garbage or any unsanitary, offensive or injurious substance or article of
any kind, or place, leave or keep on any street, sidewalk or public place in the Town any
dilapidated or unsightly vehicle, machine, article or thing.
COMPOSTING
19. a. Composting means the storage and controlled biochemical decomposition of vegetables,
fruit or garden waste.
b. All composting must be carried out in a suitably maintained container which may be
commercially or owner constructed and which must be rodent proof and properly vented.
c. All composting must be carried out in such a manner as not to attract rodents, flies, or animals
nor to cause an unpleasant odour and shall be maintained so as not to be a nuisance to
neighbouring properties.
d. Composting containers shall be located in the rear yard no closer than 2 feet to a lot line.
e. Nothing in this regulation prohibits compositing carried out in accordance with this section.
PENALTY
20. Every person who fails to comply with or otherwise contravenes any of the provisions of
these regulations is guilty of an offence and is liable on summary conviction to the penalty set
out in the Act.
ENACTMENT
All previous Town of Channel - Port aux Basques Garbage Regulations and amendments are
repealed.
These regulations shall come into effect on June 14th A.D., 2011,
In witness whereof the Seal of the Town of Channel - Port aux Basques has been affixed hereto
and these regulations have been signed by the Mayor and the Town Manager on behalf of
Council on this 27th day of June A.D., 2011.
Mayor
Town Manager