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Tidy Yard By-law
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THE CORPORATION OF THE
MUNICIPALITY OF ARRAN-ELDERSLIE
BY-LAW NO. 22 - 2017
BEING A BY-LAW TO REGULATE THE MAINTENANCE OF LAND IN THE
MUNICIPALITY OF ARRAN-ELDERSLIE
WHEREAS Section 11(2)(6) of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, provides that a municipality may pass by-laws respecting the health,
safety and well-being of persons; and
WHEREAS Section 127 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a municipality may require the owner or occupant to clean and clear
the property, not including buildings, or to clear refuse or debris from the property,
not including buildings; and
WHEREAS Section 131 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a local municipality may prohibit and regulate the use of any property
for the storage of used motor vehicles for the purpose of wrecking or dismantling
them or salvaging parts from them for sale or other disposition;
NOW THEREFORE BE IT ENACTED as a By-law of the Municipality of Arran-Elderslie
as follows:
1.
DEFINITIONS
1.1 In this By-law:
"Compost" means the natural decomposition, in a composter, heap or
digester, of organic material to produce humus, and is comprised of the
following materials only: leaves, grass, shrub and hedge clippings, house
and garden plants, branches, all fruits and vegetable matter, coffee ground
and filters, tea bags, egg shells, pasta and bread;
"Debris" shall mean any material whatsoever capable of holding water, and
without limiting the generality of the foregoing, includes, but is not limited
to, tires, motor vehicles, boats, bird baths, wheelbarrows, containers of
any kind and garden fixtures;
"Derelict Motor Vehicle" shall mean a vehicle having missing bodywork
components or parts, including tires or damaged components, parts,
bodywork, glass or deteriorated or removed adjuncts, which prevents its
mechanical function, and includes a motor vehicle that is not licensed for
the current year;
"Good Repair" means not unsightly by reason of deterioration, neglect,
damage or defacement and free from injury accident hazard or health
hazard;
"Ground Cover" means organic or non-organic material applied to prevent
soil erosion such as concrete, flagstone, gravel, asphalt, grass or other
landscaping;
"Industrial Waste" shall mean any debris, refuse, sewage, effluent, discard
or garbage of a type arising from industrial waste or commercial operation,
or belonging to or associated with industry or commerce or industrial or
commercial property including, but not limited to, garbage, discarded
material or things, broken or dismantled things, materials or things
exposed to the elements, and deteriorating or decaying on a property due
to exposure to the weather;
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"Inoperative Motor Vehicle" mean a motor vehicle having missing
bodywork, components or parts, including tires or damaged components,
parts, bodywork, glass or deteriorated or removed adjuncts, which
prevents its mechanical function, and includes any vehicle that does not
display a vehicle permit number plate with evidence of the current
validation of the permit affixed to it, issued under the Highway Traffic Act,
or as issued by another provincial, state or national government;
"Land" includes any part of a yard or lot within the Municipality of Arran-
Elderslie;
"Motor Vehicle" includes an automobile, motorcycle, and any other vehicle
propelled or driven otherwise than by muscular power; but does not
include the cars of electric steam railways, or other motor vehicles running
only upon rails, or a motorized snow vehicle, traction engine, farm tractor,
self propelled implement of husbandry or road building machine within the
meaning of the Highway Traffic Act;
"Municipality" means the Municipality of Arran-Elderslie;
"Nuisance" means that which causes offence, annoyance, trouble or injury
"Occupant" means any person or persons over the age of eighteen (18)
years occupying a Lot;
"Officer" means a municipal law enforcement officer, inspector or other
person appointed or employed by the Municipality to enforce by-laws,
statues and/or regulations;
"Owner" includes:
(a) The registered owner of the Lot;
(b) The person, for the time being, managing or receiving the rent from a
building on the Lot, whether on the person's own account or as agent
or trustee of any other person, or who would receive the rent if the
building on the Lot were let; and,
(c) A lessee or occupant of a Land on the Lot who, under the terms of a
lease, is required to repair and maintain the Lot in accordance with the
standards set out in this by-law;
"Person" means an individual, corporation, unincorporated association or
partnership;
"Pests" means rodents, vermin or insects;
"Refuse" means any article or thing, organic or inorganic that;
(a) Has been cast aside, discarded or abandoned, whether of any value or
not;
(b) Has been used up, in whole or in part, whether of any value or not; or,
(c) Has been expended or worn out, in whole or in part, whether of any
value or not.
"Standing or Stagnant Water" includes but is not limited to water that is
void of movement by either natural or artificial means and includes
moisture or water that may cause health hazards as identified by the Grey
Bruce Health Unit;
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"Undesirable Material" includes:
(a) Refuse, rubbish, garbage, brush, waste, litter and debris;
(b) Injurious insects, termites, rodents, vermin and other pests;
(c) Growth of grass or weeds in excess of 30.5 centimetres (12");
"Waste" means garbage, special collection materials, recyclable materials,
organic materials, yard waste;
"Weeds" means all noxious and local weeds designated as such under the
Weed Control Act R.S.O. 1990, C.W. 5.
2. CLEAN AND CLEAR YARDS
2.1 Every owner, lessee or occupant shall keep his or her grounds, yard or
vacant land free from holes and excavations, adequately drained, graded,
cleaned or cleared up and free from conditions that may be considered a
health hazard, safety hazard or nuisance.
2.2 For the purpose of subsection 2.1, "keeping cleared up" includes:
a) The removal of dead, decayed or damaged trees or other natural
growth and the branches or limbs thereof which create an unsafe
condition in relation to their environment;
b) The removal, trimming, or cutting of weeds or grass more than 30.5
centimeters (12 inches) in height;
c) The removal of standing and stagnant water;
d) The removal of objects or conditions that create or might create a
health, fire or accident hazard;
e) The removal of any animal excrement;
f) The removal of all garbage, refuse and domestic or industrial waste of
any kind.
2.3 Every owner, lessee or occupant shall ensure that his or her land is free
and clear of infestation.
3.
UNSAFE OR HAZARDOUS CONDITIONS
3.1 No Owner shall cause or permit an unfenced or unprotected pit, excavation
or other downward slope which causes a safety hazard on their property.
3.2 No Owner shall permit any well which is unprotected or which the presence
of which creates a risk, accident or injury.
3.3 No Owner shall fail to comply with an order issued by the Officer to take
remedial act and carry out remedial work to remove any standing or
stagnant water. Not limiting the foregoing, such order may include a
direction to fill or drain off the water or the treatment of the same with
larvicide.
3.4 No Owner shall keep a swimming pool, hot tub, wading pool or artificial
pond unless it is maintained in good repair and working condition.
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4.
OUTSIDE STORAGE OF REFUSE, COMPOST OR RECELABLE MATERIAL
4.1 Where refuse, compost or recyclable material is stored outside of the
enclosed walls of a building, the refuse, compost or recyclable material
shall be stored, by an owner or occupant, in a container suitable for such a
purpose and in a manner that does not attract pests or create a health or
safety hazard.
4.2 Every owner or occupant shall carry out all composting in accordance with
the following requirements:
a) Only in the rear yard of a dwelling unit;
b) Only in a container or digester and only on land on which a dwelling
unit is located;
c) Any compost containers or digesters used for composting shall be kept
covered tightly at all times, except when being emptied or filled;
d) Composting in a pile is prohibited;
e) No feces shall be placed in a compost container or digester used for
composting;
f) No offensive odour shall be permitted to emanate from the compost
container, or digester used for composting;
g) Any compost container or digester used for composting shall be set
back at least 0.6 metres (1.97 feet) from any lot line;
h) No bones, meat, dairy or other fat products are permitted to be
composted.
5. VEHICLES
5.1 Except as provided in the Municipality of Arran-Elderslie Zoning By-law and
amendments thereto, no person shall use any land in the Municipality of
Arran-Elderslie for storing inoperative motor vehicles or used motor
vehicles for the purpose of wrecking or dismantling them or salvaging
parts thereof for sale or other disposal.
5.2 No machinery, vehicle, boat, trailer or part thereof which is in an unusable,
wrecked, discarded, dismantled, partially dismantled or abandoned
condition, shall not be stored or allowed to remain on any land by an
owner or occupant unless otherwise permitted by a Zoning By-law.
6. EXCEPTIONS
a) Nothing in this by-law applies to prevent:
A lawfully licensed premises operating within the scope of a license that
specifically permits that which is prohibited by this by-law;
i. Construction proceeding under a valid building permit;
ii. The lawful outside storage of materials or things if this use is permitted
under and in compliance with, the Municipality of Arran-Elderslie Zoning
By-law No. 36-09, as amended.
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7. INSPECTIONS
a) The Municipality may enter on land at any reasonable time for the purpose
of carrying out an inspection to determine whether or not the following are
being complied with:
i. This by-law; or,
ii. An order made under s. 431 of the Municipal Act 2001, S.O. 2001, c.
25, as amended.
b) For the purpose of conducting an inspection pursuant to s. 7 (a) of this by-
law, the Municipality may exercise its rights provisions of Section 436 of the
Municipal Act, 2001, S.O. 2001, c. 25, as amended:
i. Require the production for inspection of documents or things relevant to
the inspection;
ii. Inspect and remove documents or things relevant to the inspection for
the purpose of making copies or extracts;
iii. Require information from any person concerning a matter related to the
inspection; and,
iv. Alone or in conjunction with a person possessing special or expert
knowledge, make examination or take tests, samples, or photographs
necessary for the purpose of the inspection.
v. No person shall hinder or obstruct, or attempt to hinder or obstruct, any
person who is exercising a power or performing a duty under this by-
law.
8. NOTICE OF REMEDY
8.1 An Officer may give an owner notice in accordance with Section 435 of the
Municipal Act 2001, c. 25, as amended, requiring the Owner within the
time specified in the notice:
a) To clean, clear or remove from the land or structure: garbage, refuse
or domestic or industrial waste of any kind;
b) To cease using the land or structure for the dumping or disposing of
garbage, refuse, or domestic or industrial waste of any kind;
c) To temporarily cover over, screen, shield or enclose the garbage,
refuse of the domestic or industrial waste until such time as the
garbage is removed in the manner prescribed by the Officer;
d) To pull down, repair or renew any structure (including but not limited
to fences and retaining walls) (not including buildings) that by reason
of its ruinous or dilapidated state is an unsafe condition;
e) To remove the inoperative motor vehicle(s);
f) To eliminate or remove any object or conditions that creates or might
create a health, fire or accident hazard;
g) To eliminate or remove the excrement of any domesticated animal.
8.2 Every notice sent by the Officer shall identify the land or structure.
8.3 Every notice to an Owner shall be sent to the address shown on the last
revised assessment roll or to the last known address of such Owner.
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8.4 In the event the Officer is unable to serve such notice under the provisions
of this Section, the notice may be posted in a conspicuous place on the
property, and the placing of the notice shall be deemed to be sufficient
service of the notice on the property Owner.
9. RIGHT OF ENTRY
9.1 The Municipality, for the purpose of inspection and/or remedial action, may
exercise power of entry in accordance with and subject to Sections 435 to
439, inclusive, of the Municipal Act 2001, S.O 2001, c. 25, as amended.
10. REMEDIATION
10.1 Where the owner is in default of doing any matter or thing directed or
required to be done under this by-law, the Municipality may:
10.1.1
Issue an Order to discontinue the contravening activity pursuant
to Section 444 of the Municipal Act 2001, S.O. 2001, c.25, as
amended.
10.1.2
Issue a Work Order pursuant to Section 445 of the Municipal Act
2001, S.O. 2001, c.25, as amended.
10.1.3
Take remedial action at the expense of the person in
contravention pursuant to Section 446 of the Municipal Act
2001, S.O. 2001, c.25, as amended.
10.2 Where any matters or things are removed in accordance with subsection
10.1, such matters or things may be immediately disposed of by the
Officer.
11. OFFENCES
11.1 Every person convicted of a breach of the provisions of this by-law shall be
guilty of an offence.
11.2 Every person who is convicted of an offence under this by-law shall be
subject to a fine of not more than one thousand dollars ($1000.00) for
each offence. Such fines shall be recoverable under the Provincial Offences
Act, R.S.O. 1990, Chapter P. 22, as amended.
12.
PENALTIES
12.1 The provisions of this by-law may be enforced pursuant to the provisions
of the Provincial Offences Act, R.S.O. 1990 c.P. 33 as amended, and where
any provision of this by-law is contravened and a conviction entered, in
addition to any other remedy and to any other penalty, a person so
convicted may also be prohibited from continuing or repeating the offence
in accordance with the provisions of s. 444 of the Municipal Act, S.O. 2001,
as amended.
13. OBSTRUCTION
13.1 In accordance with the provisions of the Municipal Act S.O. 2001, c. 25, as
amended, Section 426 (1), no person shall hinder, interfere with or
otherwise obstruct, either directly or indirectly, an officer, employee of the
Municipality of Arran-Elderslie and/or agent in the lawful exercise or power
or duty under this by-law.
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14. MUNICIPALITY NOT LIABLE
14.1 The Municipality assumes no liability for property damage or personal
injury resulting from remedial action, remedial work and enforcement
undertaken with respect to any person or property that is subject of this
by-law.
15. VALIDITY AND SEVERABILITY
15.1 Should any section, subsection, clause, paragraph or provision of this by-
law be declared by a Court of competent jurisdiction to be invalid or
unenforceable, the same shall not affect the validity of the enforceability of
any other provision of this by-law, or of the by-law as a whole.
16. SEPARATE OFFENCE
16.1 For the purpose of this by-law, each day of a continued offence shall be
deemed to be a separate offence.
17. SHORT TITLE
17.1 The short title of this by-law is the "Tidy Yards" By-law.
18.
ENACTMENT
18.1 This by-law shall come into force and take effect immediately upon the
final passing thereof.
*****
READ a FIRST and SECOND time this 10th day of April, 2016.
READ a THIRD time and finally passed this 10th day of April, 2016.
Original Signed by
Original Signed by
______________________________
____________________________
Paul Eagleson, Mayor
Peggy Rouse, Clerk-Administrator
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The Corporation of the Municipality of Arran-Elderslie
By-law No. 22-2017: Tidy Yards
Part I Provincial Offences Act
Item
Column 1
Column 2
Column 3
Short Form Wording
Provision Creating
or Defining the
Offence
Set Fine
1
Fail to keep land free of hazardous holes and excavation
2.1
$300.00
2
Fail to trim or cut vegetation
2.2 (a)
$300.00
3
Fail to trim or cut weeds/grass, more than 30.5 cm (12 inches) in height
2.2 (b)
$300.00
4
Fail to remove standing or stagnant water
2.2 (c)
$300.00
5
Fail to remove conditions creating a health, fire or accident hazard
2.2 (d)
$300.00
6
Fail to remove animal excrement
2.2 (e)
$300.00
7
Fail to keep land clear of garbage, refuse, debris, domestic waste or industrial
waste
2.2 (f)
$300.00
8
Fail to keep land clear of infestation
2.3
$300.00
9
Cause or permit a hazardous unfenced/unprotected pit, excavation or declivity
3.1
$300.00
10
Unprotected well that may cause an accident or injury
3.2
$300.00
11
Fail to Comply with an Order
3.3
$300.00
12
Fail to maintain swimming pool, hot tub, wading pool or artificial pond
3.4
$300.00
13
Fail to compost or store in a suitable container
4.1
$300.00
14
Compost other than at rear of dwelling unit
4.2 (a)
$300.00
15
Compost where no dwelling
4.2 (b)
$300.00
16
Compost/digester uncovered
4.2 (c)
$300.00
17
Compost in pile
4.2 (d)
$300.00
18
Placing feces in composter/digester
4.2 (e)
$300.00
19
Offensive odour from composter/digester
4.2 (f)
$300.00
20
Composter/digester located closer than 0.6 metres from lot line
4.2 (g)
$300.00
21
Placing bones, meat, dairy of other fat products in composter/digester
4.2 (h)
$300.00
22
Storing inoperative or used motor vehicle(s)
5.1
$300.00
23
Storing derelict machinery, vehicle, boat, trailer or part thereof
5.2
$300.00
Note: The general penalty provision for the offences listed above is section 61 of the Provincial Offences Act,
R.S.O. 1990, c. P. 33.