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BY-LAW NO. 2014-002
A BY-LAW OF THE CORPORATION OF THE TOWN OF
BRACEBRIDGE TO PROVIDE FOR THE MAINTENANCE
OF LAND IN A CLEAN, CLEAR AND SAFE CONDITION
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25 (hereinafter referred to as the "Municipal
Act") provides that the powers of a municipality under the Municipal Act or any other Act shall be interpreted
broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it
considers appropriate and to enhance the municipality's ability to respond to municipal issues;
AND WHEREAS Section 9 of the Municipal Act provides that a municipality has the capacity, rights,
powers and privileges of a natural person for the purpose of exercising its authority under the Municipal
Act or any other Act;
AND WHEREAS pursuant to Section 11(2) of the Municipal Act, a municipality may pass by-laws
respecting the environmental well-being of the municipality, the health, safety and well-being of the
persons and the protection of persons and property;
AND WHEREAS pursuant to Section 122 of the Municipal Act, a municipality may require the owner 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 pursuant to Section 127 of the Municipal Act, a municipality may define what constitutes
debris and refuse and may require the owner or occupant of land to clean and clear land, to clear refuse
or debris from the land, to regulate how cleaning and clearing is to be done and to prohibit the depositing
of refuse or debris without the consent of the owner or occupant of the land;
AND WHEREAS pursuant to Section 128 of the Municipal Act, 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 pursuant to Section 131 of the Municipal Act, a 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 pursuant to Section 425 of the Municipal Act, a municipality may pass by-laws providing
that a person who contravenes a by-law of the municipality passed under this Act is guilty of an offence;
AND WHEREAS pursuant to Section 426 of the Municipal Act, 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 Act or
under a by-law passed under this Act;
AND WHEREAS pursuant to Section 436 of the Municipal Act, a By-Law Enforcement Officer may enter
upon any land at any reasonable time for the purpose of carrying out an inspection to determine
compliance with this by-law;
AND WHEREAS pursuant to Section 446(1) of the Municipal Act, a municipality may direct or require a
person to do a matter or thing and that, in default of it being done by the person directed or required to do
it, the matter or thing shall be done at the person's expense;
BY-LAW NO. 2014-002
Page 2
AND WHEREAS pursuant to Section 446(3) of the Municipal Act, a municipality may recover the costs of
doing a matter or thing under subsection (1) from the person directed or required to do it by action or by
adding the costs to the tax roll and collecting them in the same manner as property taxes;
AND WHEREAS maintaining a green, mindful and environmentally sustainable community has been
identified as a key strategic objective in the Town of Bracebridge community based strategic plan;
AND WHEREAS by motion 13-GC-305, the Council of the Corporation of the Town of Bracebridge deems
it expedient to pass a by-law to provide for the maintenance of land in a clean, clear and safe condition;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF BRACEBRIDGE
ENACTS AS FOLLOWS:
DEFINITIONS
1.
In this by-law;
1.1.
Boulevard means that portion of a highway between the Town property line and
roadway, which is not used or intended for use for vehicular travel by the general public,
and includes any landscaped areas that are separated from private property by
sidewalks.
1.2.
Compost means the natural decomposition of organic materials to produce humus in a
compost container, pile or digester.
1.3.
Council means the Council for the Corporation of the Town of Bracebridge;
1.4.
Derelict Motor Vehicle means a motor vehicle having missing or damaged components
or parts, including tires, bodywork or glass or a motor vehicle that does not bear a valid
licence plate including a current validation sticker.
1.5.
District means the District Municipality of Muskoka.
1.6.
Domestic Waste means any debris, rubbish, refuse or garbage of any type arising from
a residence, belonging to or associated with a house or use of a house or residential
property, including but not limited to garbage, discarded material or things, yard waste,
broken or dismantled things and materials or things exposed to the elements and
deteriorating or decaying on a property due to exposure to the weather.
1.7.
Graffiti means one or more letters, symbols, marks, pictorial representations, messages
or slogans howsoever made on any property, but does not include a sign or traffic control
marking when authorized by the Government of Canada, the Province of Ontario, the
District or the Town.
1.8.
Ground Cover means one or more species of grass or weeds.
1.9.
Industrial Waste means any debris, rubbish, refuse or garbage of any type arising from
an industrial 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, yard waste, materials or things
exposed to the elements and deteriorating or decaying on a property due to exposure to
the weather.
1.10.
Landscape Feature means a fence, retaining wall, gazebo, trellis and similar decorative
features.
BY-LAW NO. 2014-002
Page 3
1.11.
Motor Vehicle means an automobile, truck, motorcycle, snowmobile, trailer, recreational
vehicle and any other vehicle propelled or driven by other than muscular power, but does
not include the cars of an electric or steam railway or other vehicles running solely upon
rails or a traction engine, farm tractor, self-propelled implement of husbandry or road
building machine within the meaning of the Highway Traffic Act, R.S.O. 1990, c. H.8, as
amended.
1.12.
Naturalized Area means a defined area of vegetation that has been deliberately planted
or cultivated with species of wildflowers, shrubs, trees, annuals, perennials, ornamental
grasses or combinations thereof consistent with a managed and natural landscape.
1.13.
Officer means an individual appointed as a By-Law Enforcement Officer by Council.
1.14.
Owner means the registered owner of land, the owner in trust, a mortgagee in
possession and includes a person, firm, partnership, corporation, company, association
or organization of any kind and its principal(s).
1.15.
Principal Building means a building which, by reason of its use, constitutes the primary
purpose for which the lot is used.
1.16.
Property means any land within the Town of Bracebridge including yards and vacant
lots.
1.17.
Waste means any item or material that, in the opinion of an Officer, appears to have
been discarded or abandoned and of no practical value.
1.18.
Yard Waste includes grass clippings, trees or parts thereof, brush and leaves.
GENERAL PROVISIONS
2.
Every owner shall ensure that his or her property is kept free and clear of any:
2.1.
ground cover exceeding 30 centimetres (12 inches) in height;
2.2.
garbage, refuse, domestic waste or industrial waste;
2.3.
refrigerator or freezer that is not located within a building or with the lid kept in a locked
position;
2.4.
wrecked, dismantled, abandoned or inoperable appliance, machine or shopping cart;
2.5.
derelict motor vehicle;
2.6.
hedge, tree or branch that hinders pedestrian traffic on a Town maintained sidewalk;
2.7.
accumulation of animal excrement;
2.8.
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.
3.
Every owner shall ensure that:
3.1.
all steps, pedestrian walkways, driveways, parking spaces and other similar areas on
their property are maintained so as to afford clear, unobstructed and safe passage by
pedestrians and vehicles;
BY-LAW NO. 2014-002
Page 4
3.2.
all snow and ice is removed from the roofs of their building(s) when, in the opinion of an
Officer, the snow or ice poses a health or safety hazard to persons or property in the
normal use of adjacent walkways, driveways, parking areas and entrances into buildings;
3.3.
any naturalized area on their land does not encroach above or onto any adjacent
property;
3.4.
all landscaped features on their property are kept in good repair;
3.5.
the boulevard area adjacent to their property is maintained so as to keep the height of
ground cover to not greater than 30 centimetres (12 inches).
EXEMPTIONS
4.
The following exemptions apply with respect to the requirements of this by-law:
4.1.
Section 2.1 does not apply to a naturalized area, a property zoned as agricultural, rural or
open space or a property without a principal building.
4.2.
Section 2.2 does not apply to domestic or industrial waste being stored outside for
regular waste collection provided the waste is being stored in accordance with section 7
of this by-law and is placed out for collection on a regular basis and in accordance with
any waste collection by-law currently in effect.
4.3.
Sections 2.1, 2.7, 5.3 and 5.5 do not apply to a property being used for agriculture in
accordance with the Town Zoning By-Law.
4.4.
Sections 2.1, 2.2, 2.3, 2.4 and 2.5 do not apply to the extent that the matter prohibited
therein is necessary for the operation of a business enterprise lawfully situated on the
property pursuant to the Zoning By-Law currently in effect.
4.5.
This by-law does not apply to land owned by the Government of Canada, the Province of
Ontario, the District or the Town.
4.6.
Section 2.5 does not apply to a maximum of two (2) derelict motor vehicles on a property
provided the motor vehicles are undergoing an active restoration or repair project and are
located within an enclosed building or structure or are otherwise completely screened
from view from any other property or public roadway.
4.7.
Section 3.3 does not apply to the branches of a tree overhanging an adjacent property or
highway.
4.8.
Section 3.5 does not apply to a boulevard area abutting land zoned agricultural, rural or
open space, a property without a principal building, a residential property with frontage
exceeding 30 metres or a boulevard where, in the opinion of an Officer, the grading
and/or surface condition of the area would make the ongoing maintenance of ground
cover impractical or dangerous.
4.9.
Section 7 does not apply to household waste left at the curb for regular collection
provided the waste is left in a manner and at a time that are in compliance with any Town
or District Waste Collection by-law currently in effect.
4.10.
Sections 9 and 10 do not apply to any land or structure used by the Town or the District
for the purpose of dumping or disposing of garbage, refuse or domestic or industrial
waste or for the composting of organic materials.
BY-LAW NO. 2014-002
Page 5
COMPOST
5.
No owner shall establish one or more compost piles or structures except in accordance with the
following:
5.1.
the compost pile or structure is for the sole use of the owner or occupant of the property
on which the compost pile or structure is located;
5.2.
that only acceptable compostable material as outlined by the Ontario Ministry of the
Environment and local health authorities are placed within the compost pile or structure;
5.3.
the compost pile or structure is no larger than one square metre (10 square feet) in area
or 1.8 metres (6 feet) in height;
5.4.
the compost pile or structure is not located in any front yard as defined in the Town
Zoning By-Law and not located closer than 2 metres (6.5 feet) from any side or rear
property line;
5.5.
the compost pile or structure is enclosed on all sides by concrete block or lumber or a
similar material or within a commercial plastic container designed for composting;
5.6.
the compost material is kept covered with yard waste, soil or humus at all times;
5.7.
the compost pile or container is maintained so as to not attract vermin or animals or
create a nuisance by way of offensive odours.
GRAFFITI
6.
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.
GARBAGE AND REFUSE STORAGE
7.
Every owner shall store household waste in rigid containers with secure lids when stored
outdoors and household waste shall not be stored in the front yard of a residential property where
the property has a garage, side yard or designated storage facility.
UNSAFE OR HAZARDOUS CONDITIONS
8.
No owner shall cause or permit an unfenced, unprotected or open pit, excavation, well or other
situation which causes a safety hazard on a property.
WASTE DISPOSAL AND LITTERING
9.
No person shall throw, place or deposit garbage, refuse or domestic waste or industrial waste on
Town or District property without the written authority of the Town or District.
10.
No person shall use any land or structure within the Town for dumping, burying or disposing of
garbage, refuse, domestic waste or industrial waste of any kind.
BY-LAW NO. 2014-002
Page 6
ADMINISTRATION AND ENFORCEMENT
11.
An Officer may, at all reasonable times, enter upon land for the purpose of carrying out an
inspection, taking photographs and obtaining evidence to determine whether the property
complies with this by-law and an Officer may be accompanied by other Town of Bracebridge
employees/agents for this purpose.
12.
No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer or employee/agent
of the Town of Bracebridge accompanying or acting under the direction of the Officer in
exercising a power or performing a duty under this by-law. Any person who is alleged to have
contravened any of the provisions of this by-law shall identify him/herself to an Officer upon
request. Failure to identify upon request shall be deemed as obstruction of the Officer.
13.
Where an Officer has confirmed that a property is not maintained in accordance with the
requirements of this by-law, the Officer may, in addition to verbally directing the owner to bring
the property into compliance, serve the owner a notice in writing directing the owner to bring the
property into compliance with the by-law requirements.
14.
A written notice to the owner of a property may be served personally upon the owner of the
property or sent by registered mail to the last known address of the owner according to the
current assessment rolls. If sent by registered mail, the notice shall be deemed to have been
served on the fifth day after mailing.
15.
Where an owner, having been served with a notice in the manner described in section 14, fails to
comply with the notice within the time specified, an Officer, employee or agent may, upon
producing appropriate identification when so requested, enter onto the property at a reasonable
time and carry out any or all of the work required to bring the property into compliance with this
by-law.
16.
When an Officer deems a violation under this by-law to pose an immediate risk to public health or
safety, the notice provisions contained in section 14 may be waived and an emergency notice
shall be posted on the property requiring immediate action or other remediation. No owner shall
fail to comply with an emergency order within the period of time specified on the emergency
order.
17.
Any items or materials removed from a property during a clean-up conducted by the Town or an
agent of the Town may be immediately disposed of by the Town or the agent of the Town without
further notice to the property owner.
18.
Once served upon an owner in accordance with section 14, a notice shall remain in effect on a
property for the duration of a calendar year and further notices to the owner for similar violations
within the same calendar year are not required.
19.
Where the Town has conducted a property clean up as described in section 15, all expenses
incurred by the Town in doing the work as well as any related administrative fees, shall be
deemed to be taxes and may be collected by action or the costs may be added to the tax roll for
the property and collected in the same manner as taxes.
20.
The Town assumes no liability for property damage or personal injury resulting from remedial
action or work undertaken with respect to any person or property that is subject to this by-law.
BY-LAW NO. 2014-002
Page 7
OFFENCES AND PENALTIES
21.
Any person who contravenes any provision of this by-law is guilty of an offence and is, upon
conviction, liable to any penalty provided under the Provincial Offences Act, R.S.O. 1990, c. P.33,
as amended.
22.
Every person guilty of an offence under this by-law may, if permitted under the Provincial
Offences Act, pay a set fine and the Regional Senior Justice of the Ontario Court of Justice shall
be requested to establish set fines in accordance with Schedule "A" of this by-law.
23.
For the purpose of this by-law, each day of a continuing offence shall be deemed to be a
separate offence.
VALIDITY AND SEVERABILITY
24.
Every provision of this by-law is declared severable from the remainder and if any such provision
of this by-law shall be declared invalid by a court of competent jurisdiction, such declaration shall
not affect the validity of the remainder of the by-law.
FORCE AND EFFECT
25.
This by-law shall come into force and effect on the date the set fines are approved by the Ontario
Regional Senior Justice of the Ontario Court of Justice.
REPEAL
26.
On the date this by-law comes into effect, By-Law 98-111 as amended shall be hereby repealed.
SHORT TITLE
27.
This by-law may be referred to as the Clean Yard By-Law.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF JANUARY
2014.
______________________________
Mayor, Graydon Smith
Director of Corporate Services/Clerk,
Lori McDonald
BY-LAW NO. 2014-002
Page 8
SCHEDULE "A"
SET FINE AMOUNTS
Provincial Offences Act - Part I
Offence
Section
Set Fine Payment
Owner fail to keep ground cover to less than 30 centimetres in height
2.1
$150.00
Owner fail to keep property clear of garbage/refuse/domestic or
industrial waste
2.2
$150.00
Owner fail to keep property clear of any refrigerator/freezer having
unlocked lid
2.3
$150.00
Owner fail to keep property clear of a
wrecked/dismantled/abandoned/inoperable
appliance/machine/shopping cart
2.4
$150.00
Owner fail to keep property clear of a derelict motor vehicle
2.5
$150.00
Owner fail to maintain hedge/tree/branch on property so as to not
hinder pedestrian traffic on public sidewalk
2.6
$150.00
Owner fail to keep property clear of accumulation of animal excrement
2.7
$150.00
Owner fail to keep property clear of dead/decayed/damaged
tree/natural growth/branches/limbs which create unsafe condition
2.8
$150.00
Owner fail to ensure steps/pedestrian walkway/driveway/parking
space/similar area on land is properly maintained
3.1
$150.00
Owner fail to remove hazardous ice/snow from roof of building
3.2
$150.00
Owner fail to ensure naturalized area does not encroach above or onto
adjacent property
3.3
$150.00
Owner fail to maintain landscaped feature in good repair
3.4
$150.00
Owner fail to keep boulevard area maintained
3.5
$150.00
Owner keep compost pile/structure on land for use by non-
owner/occupant
5.1
$150.00
Owner place other than acceptable material in compost pile/structure
5.2
$150.00
Owner keep compost pile/structure larger than permitted size
5.3
$150.00
Owner keep compost pile/structure closer than 2 metres to property
line
5.4
$150.00
Owner fail to adequately enclose compost pile/structure
5.5
$150.00
BY-LAW NO. 2014-002
Page 9
Offence
Section
Set Fine Payment
Owner fail to keep compost covered with soil/humus/yard waste
5.6
$150.00
Owner fail to properly maintain compost pile/structure
5.7
$150.00
Owner fail to remove objectionable marking/graffiti/stain/defacement
6
$150.00
Owner fail to properly store household waste
7
$150.00
Owner fail to take necessary action to prevent open
pit/excavation/well/hazard on property
8
$200.00
Deposit garbage/refuse/domestic or industrial waste on Town/District
property
9
$150.00
Use land/structure for dumping/burying/disposing of
garbage/refuse/domestic or industrial waste
10
$150.00
Obstruct officer/employee/agent performing duty under by-law
12
$200.00
Owner fail to comply with emergency order
16
$200.00