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By-law 2011-107
Yard Maintenance By-law
(Consolidated - as amended)
A By-law of the Corporation of the City of Barrie
to prescribe standards for the maintenance of
lands and properties in the City of Barrie and to
repeal By-law 90-355 as amended.
Disclaimer:
The following consolidation is an electronic reproduction made available for information
only. It is not an official version of the By-law. The format may be different, and plans,
pictures, other graphics or text may be missing or altered. The City of Barrie does not
warrant the accuracy of this electronic version.
This consolidation cannot be distributed or used for commercial purposes. It may be used
for other purposes, only if this disclaimer is repeated as well as the notice of copyright.
Official versions of all By-laws can be obtained by contacting the Legislative and Court
Services Department at [email protected] or by phone 705-739-4220 ext. 5500
This By-law printed under and by
the authority of the Council of the
City of Barrie
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By-law 2011-107
The Corporation of the City of Barrie
Office Consolidation
Yard Maintenance By-law
Bill No. 122
BY- LAW NUMBER 2011-107
A By-law of the Corporation of the City of Barrie to prescribe
standards for the maintenance of lands and properties in the
City of Barrie and to repeal By-law 90-355 as amended.
WHEREAS Section 10 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides
that a municipality may pass by-laws in the interest of the health, safety and well-being of its
residents;
AND WHEREAS Section 122 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a municipality may require the owners or occupants of buildings to remove snow and
ice from the roofs of the buildings and may regulate when and how the removal shall be undertaken;
AND WHEREAS Section 127 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a municipality may require the owners or occupants of land to clean and clear the
land, not including buildings, or to clear refuse or debris from the land, not including buildings;
AND WHEREAS Section 128 of the Municipal Act, 2001, c.25 provides that a municipality
may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of
Council, are or could become or cause public nuisances;
AND WHEREAS Section 129 of the Municipal Act, 2001, c.25 provides that a municipality
may prohibit and regulate with respect to noise, vibration, odour, dust and outdoor illumination;
AND WHEREAS Section 131 of the Municipal Act, 2001, c.25 provides that a local
municipality may prohibit and regulate the use of any land 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;
AND WHEREAS the Council of The Corporation of the City of Barrie deems it necessary
to repeal By-law 90-355 as amended being a by-law to require and regulate the filling up, cleaning
and clearing any grounds, yards and vacant lots;
AND WHEREAS The Corporation of the City of Barrie deems it necessary to prevent public
nuisances and the accumulation of waste material and to control dust within the City;
AND WHEREAS by motion 11-G-108, the Council of The Corporation of the City of Barrie
deems it expedient to pass such a by-law;
NOW THEREFORE the Council of the Corporation of the City of Barrie hereby enacts as
follows:
1. SHORT TITLE
1.1.
THAT this by-law may be referred to as the YARD MAINTENANCE BY-LAW.
2. DEFINITIONS
For the purpose of this By-law the following words shall have the meaning given herein:
2.1.
"CITY" shall mean The Corporation of The City of Barrie.
2.2.
"COUNCIL" shall mean the Council of The Corporation of the City of Barrie.
2.3.
"EXCAVATION" shall mean an area where soil has been removed thereby leaving a
depression or hole within the surrounding land, and includes, without limiting the
generality of the foregoing, uncovered wells and cisterns.
2.4.
"GRAFFITI" means one or more letters, symbols, figures, etching, scratches,
inscriptions, stains, or other markings that disfigure or deface a structure or thing,
howsoever made or otherwise affixed on the structure or thing but does not include:
a)
a sign or public notice authorized by the City of Barrie or by Provincial or Federal
Legislation;
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By-law 2011-107
The Corporation of the City of Barrie
Office Consolidation
Yard Maintenance By-law
b)
in the case of private property, real or personal, any one or more letters, symbols,
figures etching, scratches, inscriptions, stains or other markings authorized by the
owner of the property upon which the letters, symbols, figures, etching, scratches,
inscriptions, stains, or other markings appear, that, in the opinion of the Officer,
does not contribute to the unsightly nature of the property.
2.5.
"GROUND COVER" shall mean, but is not limited to, grass, weeds, plant materials,
gravel, patios and parking areas that minimize soil/material erosion and/or the
accumulation of mud.
2.6.
"HOUSEHOLD WASTE" shall mean any article, thing, matter or effluent belonging to
or associated with a residence, household or dwelling and, for greater certainty without
limiting the generality of the foregoing, may include:
a)
all kitchen and table waste, of animal or vegetable origin, resulting from the
preparation or consumption of food;
b)
yard clippings, tree and garden cuttings, brush or leaves;
c)
paper, cardboard, or clothing; or
d)
cans, glass, or plastic containers, or dishes.
2.7.
"INOPERABLE VEHICLE" shall mean a motor vehicle as defined by the Highway
Traffic Act R.S.O 1990 as amended, having missing or damaged components which
prevents its mechanical function.
2.8.
"LAND" shall mean grounds, yards and vacant and developed lots.
2.9.
"LANDSCAPE FEATURE" shall mean fences, retaining walls, bird baths, floral
planters, fountains, statues, gazeboes, trellises and other decorative features.
2.10. "MATERIAL CONTRAVENTION" shall mean a material contravention is considered to
be a technical contravention of the by-law that does or may have a meaningful, negative
impact on the health, welfare or comfort of the building occupants, or on the
environment, or on the reasonable service life of the building and its subsystems.
2.11. "NATURAL BODY OF WATER" shall mean a creek, stream, bog, marsh, river, pond
or lake normally created by the forces of nature, but which may be created or caused to
be created by man, and which contains water on a regular basis.
2.12. "NATURAL GARDEN" shall mean a defined area of vegetation that has been
deliberately planted or cultivated with species of wildflowers, shrubs, perennials,
ornamental grasses or combinations of them, consistent with a managed and natural
landscape.
2.13. "OFFICER" shall mean a Property Standards Officer and/or a Municipal Law
Enforcement Officer or other law enforcement Officer as appointed by the Council of
The Corporation of the City of Barrie or designate, the Barrie Police Board, or a
Provincial Offences Officer, or employee who has been assigned the responsibility of
administering and enforcing this By-law.
2.14. "OWNER" shall mean the registered owner, owner in trust, a mortgagee in possession,
a person who is managing or receiving the rent of the property and includes a person,
firm, partnership, corporation, company, association, or organization of any kind and its
principal(s), authorized agent in lawful control of the property, building or occupancy
including but not limited to a lessee, tenant, or occupant.
2.15. "PERSON" means an owner as defined in this by-law or any individual, corporation,
partnership, company, association or party and the heirs, executors, administrators, or
other legal representative of such person, to whom the context can apply according to
law; shall include any group of persons comprising a society or other organizations and
shall include the plural wherein the context requires. Wherever the word "he" or "him" is
used, it shall mean and include the feminine or neutral gender wherever the context so
requires.
2.16. "PROPERTY" shall mean a building or structure or part of a building or structure and
includes the lands and premises on which they are located and all mobile homes, mobile
buildings, mobile structures, accessory structures, fences, and erections thereon
whether previously or subsequently erected, and includes vacant property.
2.17. "SUPERVISOR OF ENFORCEMENT SERVICES" shall mean the person employed
to supervise the enforcement of municipal law for the City.
2.18. "WASTE MATERIAL" shall mean any garbage, refuse, debris, litter, household waste
and yard waste as determined by an Officer.
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By-law 2011-107
The Corporation of the City of Barrie
Office Consolidation
Yard Maintenance By-law
3. ENFORCEMENT:
3.1.
An officer is hereby authorized and empowered to enforce the provisions of this By-
law. Where there is deemed to be no material contravention of this by-law, by the
Supervisor of Enforcement Services, no enforcement action shall be taken.
3.2.
No person shall obstruct, hinder, or otherwise interfere with a Property Standards
Officer, Municipal Law Enforcement Officer, Provincial Offences Officer, Police Officer,
or other duly appointed individual in the lawful carrying out of their duties and
responsibilities under the provisions of this by-law.
4. GENERAL PROVISIONS
GROUND COVER
4.1
Except as provided in Subsections 4.2 and 4.3, every owner shall cut and maintain
the ground cover on their lands to a height not greater than 15 centimeters (6 inches).
4.2
Every owner shall cut and maintain the ground cover on their lands to a height not
greater than 30 centimeters (12 inches) on land that is vacant.
4.3
Height of ground cover need not be maintained in:
a)
areas zoned open space, environmental protection or agricultural under the
City's Zoning By-law,
b)
natural gardens,
c)
land more than 100 meters in any direction from any land that is developed,
d)
City owned parks and open spaces identified in the City's Naturalization Policy,
e)
On property participating in a City approved or sanctioned initiative or program
intended to promote naturalization, pollination or rejuvenation and which has
been registered with and/or displays notice provided by the City or authorized
organization, and
f)
Notwithstanding Section 4.3 e), all other provisions of this by-law shall apply
during the initiative or program and all provisions of this by-law shall apply upon
expiry of the initiative or program.
DEFACEMENT OF PROPERTY
4.4
Every owner shall remove all objectionable markings, graffiti, stains or other
defacement on their property to restore the surface and adjacent areas to, as near as
possible, their appearance before the markings, graffiti, stains or other defacement
occurred.
UNSAFE CONDITIONS
4.5
Every owner shall keep their property clear of objects or conditions that create or may
create a health, fire, accident, or safety hazard.
4.6
Every owner shall remove snow and ice from the roofs of their building(s) that pose a
health or safety hazard to persons or property in the normal use of adjacent walkways,
driveways, parking areas and entrances to the building(s).
EXCAVATIONS
4.7
Except as provided in subsection 4.8., every owner shall fill in any excavation on their
land unless it is enclosed completely by a barrier at least 1.2 metres (3'-11") in height
and sufficient to prevent a person from falling into the excavation.
4.8
A temporary barrier is permitted to be used for a maximum of 3 months after which
the excavation must be filled in or a more permanent fence structure must be installed.
4.9
The barrier described in subsections 4.7 and 4.8 is not required by this by-law where
the excavation is related to active demolition or construction for which a building permit
is in effect.
4.10
No fill shall be left in an unleveled or uncovered state (not covered by sod, seed or
agricultural crop) on any Property for longer than seven (7) days unless the Property
is:
a)
A construction site for which a building permit is in effect;
b)
Property upon which material is being stored with the approval of the City of Barrie
in connection with a public works contract;
c)
Actively being farmed.
4.11
Every owner shall grade their land to minimize ponding of water unless such area
constitutes;
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By-law 2011-107
The Corporation of the City of Barrie
Office Consolidation
Yard Maintenance By-law
a)
A storm water management pond approved by the City;
b)
A natural body of water;
c)
Swimming pools enclosed in compliance with the City's Pool Enclosure By-law;
or
d)
Excavations identified in subsections 4.8 or 4.9.
WASTE MATERIAL & INOPERABLE VEHICLES
4.12
Every owner shall maintain their property clear of all waste material.
4.13
Every owner shall maintain their lands clear of all inoperable vehicles except where
the zoning by-law permits a related land use.
4.14
Every owner shall store household waste in rigid containers with secure lids when
stored outdoors and shall ensure the following:
(a)
all waste containers shall be kept clean and free of dirt, filth, odors and pest
infestations; and
(b)
all waste containers shall be kept in a manner that prevents animals or vermin
from disturbing, tearing apart or opening such containers so as to cause waste
to escape from the container.
(c)
where possible, when the property has a garage, designated storage facility or
access to the rear yard from the street, all waste containers shall be stored in
one of those locations.
RAISING OF DUST
4.15
Except as provided in subsection 4.17, every owner shall ensure that their land is
treated so as to prevent the raising of dust or loose particles and the accumulation of
mud.
4.16
Land described in subsection 4.16 need not be treated so as to prevent the raising of
dust or loose particles and the accumulation of mud in :
a) lands subject to an active site plan or sub divider's agreement,
b)
areas zoned open space, environmental protection or agricultural under the
City's Zoning By-law,
c) City owned parks and open spaces identified in the City's Naturalization Policy.
LANDSCAPE & TREES
4.17
Every owner shall maintain all hedges, bushes and shrubs on their lands from
becoming overgrown and unkempt.
4.18
Every owner shall remove all dead, decayed or damaged trees and branches so as to
make the tree safe and sound.
4.19
All hedges, shrubs, trees or other plants shall be planted and maintained in a manner
that does not:
a)
Obstruct the safety of the public;
b)
Constitute an obstruction of view for vehicular traffic;
c)
Affect the safety of vehicular or pedestrian traffic;
d)
Overhang or encroach upon any pavement, sidewalk or travelled portion of any
street or highway.
4.20
Every owner shall maintain all landscape features on their lands in good repair.
4.21
Every owner shall remove snow and ice from exterior walkways, steps, landings and
ramps, and from exterior driveways and parking areas that pose a health or safety
hazard to persons on their lands.
4.22
Notwithstanding sections 4.18 to 4.20, property participating in a City approved or
sanctioned initiative or program intended to promote naturalization, pollination, or
rejuvenation and which has been registered with and/or displays notice provided by
the City or authorized organization may be exempt.
4.23
Notwithstanding Section 4.23, all other provisions of this by-law shall apply during the
initiative or program and all provisions of this by-law shall apply upon expiry of the
initiative or program.
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By-law 2011-107
The Corporation of the City of Barrie
Office Consolidation
Yard Maintenance By-law
5.0 NOTICE TO COMPLY - PREMISES NOT MAINTAINED
5.1
Except as provided in subsection 5.2, an Officer may enter upon any land or property
at any reasonable time to determine if the property is in compliance with the provisions
of this by-law and may take photographs and notes of the property's condition.
5.2
An officer shall not enter an occupied dwelling unit without first obtaining the informed
consent of the occupants who must be of legal age to provide that consent.
5.3
Where a property is not maintained in accordance with the requirements of this By-
law:
a)
the City may serve the owner a written notice directing the owner of the
property to bring the property into compliance with the requirements of this By-
law; and
b)
the owner shall repair, remove, or clean up all contraventions identified on the
notice within the time indicated.
6.0
NOTICE TO COMPLY - DELIVERY- WHEN DEEMED SERVED
6.1
The notice from the City may be:
a)
served personally upon the owner; or
b)
mailed by registered mail to the last known address of the owner according to
the current assessment rolls.
6.2
If served by registered mail, the notice under subsection 6.1 shall be deemed to have
been served on the third day after mailing.
7.0
FAILURE TO COMPLY - WORK DONE BY CORPORATION
Where an owner, having been served with a notice, fails to comply with the notice within the
time specified, an officer or the City's employees or agents authorized for this purpose may,
upon producing appropriate identification when requested, enter onto the property at a
reasonable time and carry out any or all of the work described in the notice.
8.0 SERVICE FEES
8.1
The municipal service fees for the administration and enforcement of this By-law shall
be in accordance with the City's Fees By-law and any revisions thereto.
8.2
The registered owner of a property shall be responsible for all Service Fees invoiced
when an inspection of the property by an Officer confirms that the yard does not comply
with this by-law.
9.0 RECOVERY OF COSTS
9.1
Where the City, its employees or authorized agents have performed the work required
to bring the property into compliance with the by-law, all expenses incurred by the City
in doing the work as well as any related fees, shall be deemed to be taxes and may be
collected by action or the costs may be added to the tax roll and collected in the same
manner as property taxes.
10.0 OFFENCES
10.1
Every person who contravenes any provision of this By-law is guilty of an offence under
the provisions of the Provincial Offences Act, R.S.O 1990, c P.33, as amended, and is
liable on conviction to a penalty not exceeding $5,000, exclusive of costs, subject to
the provisions of the Act.
10.2
Every person who contravenes any of the provisions of this By-law, or who obstructs
or attempts to obstruct an officer or an employee or agent of the City in carrying out
his or her duties under this By-law is guilty of an offence and is liable, upon conviction
to a maximum fine as established pursuant to the Provincial Offences Act, R.S.O.,
1990, c.P.33.
10.3
Every person who contravenes any provision of this By-law, and every director or
officer of a corporation who knowingly concurs in the contravention of this By-law by
the corporation, is guilty of an offence under the provisions of the Municipal Act, 2001,
S.O. 2001, c. 25 as amended.
10.4
Every person who contravenes the provisions of any section of this By-law, and every
director or officer of a corporation who knowingly concurs in the contravention of this
By-law by the corporation, is guilty of an offence under the provisions of the Municipal
Act, 2001, S.O. 2001, c. 25 as amended and is liable on conviction to a penalty where
the minimum fine shall not exceed $500 and a maximum fine shall not exceed
$100,000 exclusive of costs under the provisions of the Municipal Act, 2001, S.O. 2001,
c. 25 as amended.
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By-law 2011-107
The Corporation of the City of Barrie
Office Consolidation
Yard Maintenance By-law
10.5
For the purpose of continuous offences, every person who contravenes any provision
of this By-law, and every director or officer of a corporation who knowingly concurs in
the contravention of this By-law by the corporation, is guilty of an offence and is liable
on conviction to a penalty not exceeding $10,000 per day or part thereof, exclusive of
costs, under the provisions of the Municipal Act, 2001, S.O. 2001, c. 25 as amended.
10.6
For the purpose of multiple offences, every person who contravenes any provision of
this By-law, and every director or officer of a corporation who knowingly concurs in the
contravention of this By-law by the corporation, is guilty of an offence and is liable on
conviction to a penalty not exceeding $10,000 per offence, exclusive of costs under
the provisions of the Municipal Act, 2001, S.O. 2001, c. 25 as amended.
10.7
Notwithstanding Section 10.5, and in accordance with the provisions of the Municipal
Act, 2001, S.O. 2001, c. 25 as amended, the total of all fines for the continuous
offences or multiple offences is not limited to $100,000.
11.
SEVERABILITY
11.1 Where a Court competent jurisdiction declares any section or part of a section of this
By-law invalid, the remainder of this By-law shall continue in force unless the Court
makes an Order to the contrary.
12.0 FORCE AND EFFECT
12.1
That this By-law shall come into force and effect on the passing thereof.
READ a first and second time this 15th day of August, 2011
READ a third time and finally passed this 15th day of August, 2011
THE CORPORATION OF THE CITY OF BARRIE
"ORIGINAL SIGNED"
MAYOR - JEFF LEHMAN
"ORIGINAL SIGNED"
CITY CLERK - DAWN A. MCALPINE
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By-law 2011-107
The Corporation of the City of Barrie
Office Consolidation
Yard Maintenance By-law
AMENDMENTS TO YARD MAINTENANCE BY-LAW 2011-107
By-law 2011-119
Replace Section 4
September 4, 2011
By-law 2018-010
Yard Maintenance By-law Review
February 12, 2018 (effective May 1,
2018)
By-law 2023-034
Yard Maintenance By-law Review
April 19, 2023
By-law 2025-071
Sections 2.7 and 4.14
June 18, 2025