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The Corporation of the Town of Aurora
By-law
Number
6257-20
Being a By-law to require owners
and occupiers
of land to clean,
clear, and maintain private land and right of ways in the Town of
Aurora.
Whereas Section 11(3) of the Municipal Act, 2001, s,o. 2001, c. 25, as amended
(the
"Municipal Act"), provides that a local municipality may pass by-laws regulating
highways
under its jurisdiction;
And whereas Section 127 of the MunicipalAct, 2001, provides
that a local municipality
may require the owner and occupants of land to clean and clear the land or to clear
refuse and debris from the land, not including
buildings;
And whereas Section 128 of the Municipal Act, 2001, provides
that a local municipality
may prohibit and regulate with respect to public nuisances, including
matters which in
the opinion of its council are or could become or cause public nuisance;
Now therefore the Council
of The Corporation
of the Town of Aurora
hereby
enacts
as follows:
Definitions
1.1
In t'his by-law, the following
words have the following
meanings:
(a)
l'adjacent boulevard"
means the boulevard
immediately
adjacent
to the
front yard and/or side yard of a property;
(b)
"agricultural
purposes"
means land designated
for agricultural
uses
under the Zoning By-Law;
(c)
11boulevard"
means that part of a highway
(whether
assumed
or
unassumed
by the Town) between
the adjacent
property
line and the edge
of the curb, or where there is no curb, that portion of the highway
which is
travelled
or designed
to be travelled
by vehicles,
which may or may not
contain a sidewalk;
(d)
"Clerk"
means the Town Clerk of the Town as appointed
by by-law;
(e)
"Conservation
Authority"
means a conservation
authority
established
under the Conservation
Authorities
Act, R.S.O. 1990, c. C.27;
"fixture"
means any structure
or other fixture affixed or placed on land or
a building,
including
utility boxes, newspaper
vending
boxes, bench,
transit shelters,
telephone
box, transformer
box or vault, hydro pole,
streetlight,
stoplight
poles, and street signs;
(g)
"graffiti"
means one or more letter, symbol, number, etching, inscription,
pictorial representation,
or other marking
that disfigures
or defaces
a
fixture, howsoever
made or otherwise
affixed to a fixture;
(h)
"highway"
means a common
and public highway
that constitutes
a
highway
under Section 26 of the Municipal
Act, whether
assumed
or
unassumed,
and includes
a bridge, trestle, viaduct, or other structure
forming part or the highway,
and includes
a portion of a highway;
By-law
Number
6257-20
Page 2 of 9
(i)
"injure" means any action which may cause physical,
biological,
or
chemical
damage;
Ilinoperable
motor
vehicle"
means a vehicle:
(i)
that is in a wrecked, dismantled, partially dismantled
or abandoned
in
a condition such that would hinder safe and immediate
operation;
or
(ii)
a motor vehicles
that does not have a current and valid license plates
attached, unless such vehicle is covered by a fitted vehicle cover and
maintained
in a good condition;
(k)
"Manager" means the Manager
of By-law Services
for the Town;
(l)
"Municipal
Act" means the MunicipalAct, 2001, s.o. 2001, c. 25, as
amended or successor
thereto;
(m)
"Municipal
Law Enforcement
Officer"
means a person appointed
by the
Town as a Municipal
Law Enforcement
Officer;
(n)
"municipal
property"
means any land owned or occupied
by the Town;
(o)
"naturalized
property"
means:
(i)
land that is owned or occupied
by the Town of Aurora, Regional
Municipality of York, the Provincial
or Federal Governments,
or a
Conservation
Authority
that is left in a naturalized
condition
for the
purpose
of recreation
or to protect the surrounding
environment,
(ii)
any woodland
or woodlot
as defined in the Town's
Private Tree
Protection
By-law or Forest Conservation
Bylaw of the Regional
Municipality
of York, all as amended
or successor
thereof,
or
(iii)
land which too steep or too dangerous
to maintain,
as determined
by
the Manager
or a Municipal
Law Enforcement
Officer;
(p)
"owner"
means all registered
owners
of a property
and also includes:
the owner in trust,
(ii)
a mortgagee
in possession,
(iii)
any person that is managing
the property
or is responsible
for
managing
the property,
(iv)
any person who collects rent on the property
or is responsible
for
collecting
rent on the property,
and
(v)
any lessee or occupant
of the property
who, under the terms of a
lease, is required
to repair and maintain
the property
in accordance
with the standards
for maintenanceaand
occupancy
of the property;
(q)
"person"
includes
a natural individual
and their heirs, executors,
administrators
or other legally appointed
representatives,
a corporation,
partnership
or other form of business
association;
By-law
Number
6257-20
Page 3 of 9
(r)
"property"
means
any grounds,
yard, parking
lot, vacant
land or other
parcel of land, including
public lands and highways,
but not including
buildings;
(s)
"Public
Authority"
means
any commission,
committee,
school
board,
department
or agency
of the Government
of Canada,
Province
of Ontario,
The Regional
Municipality
of York or the Town;
(t)
"refuse"
means
any article,
thing, matter
or effluent
that has been
discarded
by any person
or that is no longer
in use or reasonably
intended
to be used by any person
having
ownership
or control
over such object
or
material
and includes
but is not limited to the following:
grass clippings,
tree cuttings,
brush, tree branches,
leaves,
garden
refuse,
earth and fill,
paper, cardboard,
clothing,
kitchen
and table waste,
animal
or organic
waste,
cans, glass, plastic
containers,
dishes,
refrigerators,
Freezers,
stoves,
clothes
washers,
dryers,
dishwashers,
microwaves
or other
appliances,
disused
furniture,
furnaces,
furnace
parts, pipes, fittings
to
pipes, water
or fuel tanks, fencing
materials,
piping, tubing,
conduits
or
cable, container
of any size, type or composition,
rubble, broken
concrete,
bricks, broken
asphalt,
patio or sidewalk
slabs, mechanical
equipment,
mechanical
parts, accessories
to mechanical
equipment,
paper
products,
lumber
or wood products,
chemical
products,
bones,
feathers,
hides,
material
resulting
from or as part of construction
or demolition
projects,
inoperable
motor
vehicles,
vehicle
parts and accessories,
vehicle
tires
either
mounted
or unmounted
on rims;
(u)
"sidewalk"
means
any municipal
or regional
sidewalk
located
on a
boulevard;
(v)
"Town"
means
The Corporation
of The Town of Aurora
and/or
the
geographical
limits of the Town of Aurora,
depending
on the context
of the
provision
in which the term appears;
(w)
"Utility
Company"
means
a company
which supplies
water, electrical,
gas, cable, internet
or telephone
services
to a property;
(x)
"Zoning
By-law"
means The Zoning By-law of the Town of Aurora, as
amended
or successor
thereof.
Interpretation
and Application
of this By-law
2.1
This by-law
shall be known and may be cited as the "Clean Communities
By-
Law".
2.2
The provisions
of this by-law shall apply to all lands and premises within the
Town of Aurora.
2.3
Notwithstanding
the above, this by-law does not apply to activities or matters
undertaken by a Public Authority or to land owned by the Government of
Canada.
2.4
Unless
otherwise specified, references in this by-law to parts, sections,
subsections, clauses and schedules are references to parts, sections,
subsections
clauses, and schedules in this by-law.
By-law
Number
6257-20
Page 4 of 9
2.5
The part and section headings
contained
throughout
this document
are for
reference
purposes
only and do not form a part of this by-law. This by-law is to
be interpreted
without
reference
to such headings.
2.6
References
in this by-law to any statute or statutory
provisions
include references
to that statute or statutory
provision
as it may from time to time be amended,
extended,
or re-enacted.
2.7
This by-law shall be read with all changes
in gender
or number
as the context
requires.
2.8
References
in this by-law to items in the plural include the singular,
and
references
to the singular
include the plural, as applicable.
2.9
The words "include",
"includes",
"including"
are not to be read or interpreted
as
limiting the words, phrases,
or descriptions
that precede
it.
2.10
If a court of competent
jurisdiction
declares
any section, or any part of any
section of this by-law to be invalid or to be of no Torce in effect, it is the intention
of the Town that every other provision
of this by-law be applied and enforced
in
accordance
with its terms to the extent possible
according
to law.
2.I I
This by-law and the provisions
contained
within are intended
to be
complementary
to other by-laws passed by Council and in the event that any
other applicable
law requires
a higher stander
than the provisions
contained
in
this by-law, the higher standard
shall apply.
Property
and Boulevard
Maintenance
3.1
Every owner of a property
shall keep their property
free of any excavations,
trenches,
ditches
or depressions
that present, or could present,
an unsafe
condition.
3.2
Every owner of a property
shall keep their property
free of any:
(a)
excavation,
trench, ditch or depression
that is capable
of holding standing
water for more than three (3) days; and
(b)
refuse of any kind that is capable
of holding standing water.
3.3
Every owner of a property shall keep their property free of grass or weeds
exceeding
(20) centimeters in height, except for:
(a)
properties
that are used for agricultural
purposes;
and
(b)
naturalized
properties.
3.4
Every owner or a property that is located in a Residential, Commercial,
Employment
or Promenade Zone, pursuant to the Zoning By-law, shall keep the
boulevard
that is adjacent to their property free of grass or weeds exceeding (20)
centimeters in height.
3.5
No person shall throw, place or deposit any refuse on any property, except for:
(a)
refuse thrown, placed or deposited inside of an enclosed building, an
enclosed
structure
or a receptacle designed for that purpose;
By-law
Number
6257-20
Page 5 of 9
(b)
refuse that is set out for collection in compliance
with the Waste Collection
By-law;
(c)
refuse that is required
or used for a lawful business
purpose
that is in
accordance
with the Zoning By-law and any other applicable
legislation;
or
(d)
refuse that is temporarily set aside or placed as part of an ongoing
construction or demolition process,
provided:
(i)
such refuse is confined to the immediate vicinity of the construction
or demolition activity,
(ii)
such refuse if confined
to the property
that is subject
to such
construction
or demolition
activity, and
(iii)
such construction or demolition
process
is in compliance
with any
applicable
law.
3.6
Every owner of a property
shall keep their property
free of refuse, except for:
(a)
refuse that is set out for collection
in compliance
with the Waste Collection
By-law; and
(b)
refuse that is required
or used for a lawful business
purpose
that is in
accordance
with the Zoning By-law and any other applicable
legislation.
3.7
Every owner of a property
shall keep the boulevard
that is adjacent
to their
property
free of refuse, except for:
(a)
refuse that is set out for collection
in compliance
with the Waste Collection
By-law; and
(b)
refuse that is required
or used for a lawful business
purpose
that is in
accordance
with the Zoning By-law and any other applicable
legislation.
3.8
Every owner of a property
or a building shall keep free of graffiti any parts of the
property
or the building that are:
(a)
common
elements,
(b)
common
access corridors
and passageways,
(c)
visible from any areas to which the public has access,
(d)
areas that are owned by multiple
unrelated
persons,
(e)
and areas to which the public has access.
For clarity, the requirements
under this section do not apply to any parts of a
building
that are the inside of a residential
dwelling.
3.9
Every person that owns a fixture, wall, fence, pole or other structure
on a
highway
or other public space, shall keep such wall, fence, pole or other structure
free of graffiti.
3.10
Nopersonshallplace,orcausetobeplaced,orpermittobeplacedgraffition
any property,
fixture or structure.
By-law
Number
6257-20
Page 6 of 9
3.11
No person shall injure or destroy
a hedge, shrub, flower or tree planted by the
Town on a boulevard
or on other municipal
property.
3.12
No person shall deTecate or urinate in public on any property
or in or on a public
place.
3.13
Notwithstanding,
nothing in this section 3 shall be deemed
as prohibiting,
preventing or limiting the placement,
repair or maintenance
of structures,
electrical wiring, piping, drainage
or plumbing
that is conducted
by a Utility
Company
pursuant to an approval
from or agreement
with the Town or otherwise
pursuant
to legislative
authority.
Administration
and Enforcement
4.I
The Manager
shall be responsible
and is delegated
the power to administer
and
enforce
this by-law, including
prescribing
the content
oT any forms or other
documents
required under this by-law from time to time.
4.2
The Manager
and Municipal
Law Enforcement
Officers
of the Town are hereby
delegated
the authority
to enforce
this by-law, including
the authority
to conduct
inspections
pursuant
to this by-law, the Municipal
Act, as amended,
and any
other enacted
applicable
by-law or legislation.
4.3
The Manager
is authorized
to delegate
responsibilities
for the administration
and
enforcement
of this by-law to any Town staff or external
third parties deemed
to
be qualified
and appropriate
by the Manager
for such purposes.
Power
of Entry, Inspection,
Prohibitions
5.I
A Municipal
Law Enforcement
Officer, or any other individual
authorized
to
enforce
this by-law on behalf of the Town, may at any reasonable
time enter
upon any land for the purpose
of carrying
out an inspection
to determine
whether
the Following are being complied
with
(a)
this by-law;
(b)
any direction
or order under this by-law; or
(c)
an order issued under section 43'l of the Municipal
Act.
5.2
Where an inspection
is conducted
pursuant
to this section, a Municipal
Law
Enforcement
Officer or any other individual
authorized
to enforce
this by-law on
behalf of the Town, may:
(a)
require the production
for inspection
of documents
or things relevant to the
inspection;
(b)
inspect
and remove
documents
or things relevant to the inspection for the
purpose
of making copies and extracts;
(c)
require information
from any person concerning
a matter related to the
inspection;
and
(d)
alone or in conjunction
with a person possessing
special or expert
knowledge,
make examinations
or take tests, samples
or photographs
necessary
for the purpose
of the inspection.
By-law
Number
6257-20
Page 7 of 9
5.3
No person shall hinder or obstruct or attempt to hinder or obstruct
the Town, its
employees, officers or agents from carrying
out any powers or duties under this
by-law.
5.4
No person shall contravene any order or direction issued by the Town pursuant
to this by-law or the Municipal
Act.
5.5
Where a Municipal
Law Enforcement
Officer, or an individual
authorized
to
enforce this by-law, has reasonable
grounds
to believe that an offence has been
committed by any person, they may require the name, address
and proof of
identity of that person, and the person shall supply the required information.
5.6
No person shall decline or neglect to give, produce or deliver any access,
information, document or other thing that is requested by the Town pursuant
to
this by-law.
5.7
No person shall knowingly make, participate in, assent to or acquiesce
in the
provision of false information in a statement, affidavit, application or other
document prepared, submitted or filed under this by-law.
Orders
6.1
Where the Manager
or any Municipal
Law Enforcement
Officer is satisfied
that a
contravention
of this by-law has occurred,
such Manager
or Municipal
Law
Enforcement
Officer may make an order requiring
that the person who caused or
permitted
such contravention,
or the owner or occupier
of the land on which the
contravention
occurred,
to discontinue
the contravening
activity and/or to do work
to correct
the contravention.
6.2
An order pursuant
to this section shall set out the following:
(a)
the municipal
address
and/or the legal description
of the land or premises
on which the contravention
occurred;
(b)
reasonable
particulars
oT the contravention;
(c)
what is required
of the person subject
to the order;
(d)
the date by which there must be compliance
with the order and/or, if any
work is ordered,
the date by which any such work must be done;
(e)
if any work is required
to be done, a statement
that if such work is not
done in compliance
with the order and within a specified
time period, the
Town will have the work done at the expense
of the person directed
or
required
to do it; and
(f)
information
regarding
the Town's
contact
person.
6.3
An order pursuant
to this section shall be deemed
to have been received
upon:
(a)
personal
service of the order to the person being served;
(b)
the day after posting a copy of the order on the land on which the
contravention
took place; or
By-law
Number
6257-20
Page 8 of 9
(c)
the fifth (51h) day after the order is sent by registered mail to the last known
address of the owner of the land on which the contravention
took place or
the last known address of any other person in contravention
of this by-law.
7.
Remedial
Action and Cost Recovery
7.I
Wherever this by-law or an order issued under this by-law directs or requires
any
matter or thing to be done by any person within a specified time period, in default
of it being done by the person directed or required to do it, the action may be
taken under the direction of the Manager or a Municipal Law Enforcement
Officer
at that person's expense and the Town may recover the costs incurred through a
legal action or by recovering the costs in the same manner
as taxes.
7.2
For the purposes of taking remedial action under this section, the Town, its staff
and/or its agents may enter, at any reasonable time, upon any lands on which a
default to carry out a required thing or matter occurred.
Offence
and Fines
8.1
Every person who contravenes
any provision of this by-law, including
an order
issued under this by-law, is guilty of an offence and upon conviction is liable to a
fine as provided for in the Provincial Offences Act, R.S.0. 1990, c. P. 33, as
amended.
8.2
If a corporation has contravened
a provision
of this by-law, including
an order
issued under
this by-law,
every director
and officer
who knowingly
concurred
in
such a contravention
is guilty of an offence
and upon conviction
is liable to a fine
as provided
for in the Provincial
Offences
Act, R.S.O. 1990, c. P. 33, as
amended.
8.3
Pursuant to subsection 429(2)
of the Municipal
Act, all contraventions
of this by-
law or orders
issued under
this by-law
are designated
as multiple
offences
and
continuing
offences.
If a contravention
of any provision
of this by-law
has not
been corrected,
or an order issued under
this by-law
has not been complied
with,
the contravention
of such a provision
or an order shall be deemed
to be a
continuing
offence
for each day or part of a day that the contravention
remains
uncorrected
or an order not complied
with. A multiple
offence
is an offence
in
respect
of two (2) or more acts or omissions
each of which separately
constitutes
an offence
and is a contravention
of the same provision
of this by-law.
8.4
In addition
to fines under
this section,
a person
convicted
of an offence
under
this
by-law
may be liable to a special
fine in the amount
of the economic
advantage
or gain that such a person
obtained
from the contravention
of this by-law.
Presumption
9.1
An owner
of a property
on which a contravention
has occurred
shall be presumed
to have carried
out or caused
or permitted
to be carried
out the contravention,
which presumption
may be rebutted
by evidence
to the contrary
on a balance
of
probabilities.
10.
Repeal
of By-laws
and Enactment
IO.I
Anyby-lawwhichwasineffectintheTownonthedateofpassageofthisby-law
which covers
the same subject
manner
as this by-law
shall remain
in effect only
By-law
Number
6257-20
Page 9 of 9
Tor the purposes
of the completion
of any procedure
that was commenced
under
that by-law.
10.2
By-law
Number
4738-05,
as amended,
and By-law
Number
4754-05.P,
as
amended,
be and are hereby
repealed.
Enacted
by Town
of Aurora
Council
this 26'h day of May, 2020.
Tom Mrakas,
Mayor
Michael
de Rond.
Town
Clerk