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Office Consolidation - Refuse By-law 381-2005 - Page 1 of 7
Office Consolidation
Refuse and Dumping By-law 381-2005
(Amended by By-laws 401-2007, 136-2008, 321-2009, 165-2011, 219-2019, 70-2025)
To prohibit the dumping of refuse in Brampton and to require that owners and
occupants of lands in Brampton keep their land clear of refuse, graffiti and
stagnant water
WHEREAS Section 127 of the Municipal Act, 2001, S.O. 2001, c.25, as amended
("Municipal Act") permits a local municipality to require owners and occupants to clean
and clear land, not including buildings; (By-law 321-2009)
AND WHEREAS Section 128 permits a local municipality to prohibit and regulate with
respect to public nuisances;
AND WHEREAS Section 446 permits a local municipality to direct that where an owner
has defaulted, the municipality may have the default remedied at the owner's expense
and add the cost to the tax roll; (By-law 321-2009)
AND WHEREAS Part XIV of the Municipal Act, 2001 governs the authority of
municipalities to enforce by-laws; (By-law 165-2011)
AND WHEREAS Sections 435, 436 and 437 provide that subject to certain restrictions
the municipality may set out in its by-laws powers of entry to determine compliance
with a municipal by-law or municipal order; (By-law 165-2011)
NOW THEREFORE, the Council of the Corporation of the City of Brampton ENACTS as
follows:
1.
DEFINITIONS
"Accessory Building" (repealed - By-law 321-2009)
"Building" means any structure having a roof, supported by columns or walls and
used for the shelter or accommodation of Persons, animals, goods, or materials.
(By-law 70-2025)
"By-law Officer" means a Property Standards Officer or any other enforcement
officer appointed to enforce and administer the City's by-laws. (By-law 321-2009)
"City" means the Corporation of the City of Brampton.
"City Property" means the land situated within the City that is owned or controlled
by the City.
"Deliver" means to serve by:
(a)
personal service, and for a corporation means leaving a copy of the
document with an officer, director or agent of the corporation, or with a
Office Consolidation - Refuse By-law 381-2005 - Page 2 of 7
person at any place of business of the corporation who appears to be in
control or management of the place of business;
(b)
by ordinary or certified mail to the occupant at the address of the property
or to the owner at the address as shown on the last revised assessment
roll, in which case service is effective five days after the date of mailing;
(c)
by courier;
(d)
by leaving or posting at the property for service on the occupant, and at
the address as shown on the last revised assessment roll for the owner
and service is effective the day after the posting; or
(e)
by email, but only if the receiver of the email provides an
acknowledgement the notice was received, and in such circumstances,
the service is effective as of the time of the acknowledgement.
"Director" means the Director of Enforcement and By-law Services or his or her
delegate (By-law 136-2008).
"dwelling" means a unit that: (By-law 165-2011)
(a) consists of a self-contained set of rooms located in a building or structure,
(b) is used as a residential premises,
(c) contains kitchen and bathroom facilities that are used only by the occupants
of the unit,
(d) is used as a single housekeeping unit, which includes a unit in which no
occupant has exclusive possession of any part of the unit, and
(e) has a means of egress to the outside of the building or structure in which it is
located, which may be a means of egress through another residential unit
And for greater certainty a dwelling does not include a backyard outdoor
swimming pool located on the same Private Property where the dwelling is
located, so long as the swimming pool is not located with the walls of the
building or structure that constitutes the dwelling.
"Graffiti" means unauthorized writing or drawing on a surface. (By-law 321-2009)
"Local Public Bodies" means any municipal business, corporation, school board,
public utility commission, transportation commission, public library board, local
board of health, board of Commissioners of police or any other board,
commission, committee, board or local authority under any general or special Act
with respect to the affairs or purposes of the City, the Regional Muncipality of
Peel or any part thereof, and includes the Peel District School Board, the
Dufferin-Peel Catholic District School Board, Conseil Scolaire de District du
Centre-Sud-Ouest and Conseil Scolaire de District Catholique Centre-Sud.
"Owner" includes (By-law 136-2008):
(a)
the person for the time being managing or receiving the rent of the land, or
premises, in connection with which the word is used whether on his, or her
own account or as agent, or trustee of any other person, or who would so
receive the rent if such land and premises were let;
(b)
the legal or beneficial owner; (By-law 321-2010)
(c)
a lessee or occupant of the property who, under the terms of a lease, is
required to repair and maintain the property; and
Office Consolidation - Refuse By-law 381-2005 - Page 3 of 7
(d)
manager of the property,
"Person" includes any natural person, firm, partnership, association, corporation,
company or organization of any kind.
"Private Property" means land which is not owned by the City, its Local Public
Bodies and agencies; the Regional Municipality of Peel, its Local Public Bodies
and agencies; the Toronto and Region Conservation Authority; Credit Valley
Conservation; the Crown in Right of Ontario, and its boards, commissions and
agencies; and the Crown in Right of Canada and its boards, commissions or
agencies; and crown corporations. (By-law 321-2009)
"Proper Receptacle" means a garbage cart, recycling cart, or an organics cart
supplied by the Region of Peel, or a similar container sold for the same purpose;
or a Region approved Owner or occupier supplied Yard waste receptacle. (By-
law 70-2025)
"Property" means a Building or structure or part of a Building or structure, and
includes the lands and premises appurtenant thereto and all mobile homes,
mobile Buildings, mobile structures, out Buildings, fences, and erections thereon
whether heretofore or hereafter erected, and includes vacant Property, on which
there are no structures of any kind. (repealed - By-law 321-2009, re-added By-
law 70-2025)
"Refuse" includes:
(a)
Debris, junk or effluent belonging to or associated with a house or
household or any industry, trade or business, and without limiting the
generality of the foregoing, includes all of the items in the definition of
waste;
(b)
Vehicle parts or accessories;
(c)
Furniture, appliances, machinery, barbeques or parts thereof;
(d)
Animal excrement; and
(e)
Without restricting the foregoing, any unused or unusable material that by
reason of its state, condition or excessive accumulation:
i)
Appears to have been cast aside, discarded or abandoned;
ii)
Appears to be worthless, useless or of no particular value; or
iii)
Appears to be used up, expended or worn out in whole or in part.
"Repair" includes the provision of such facilities and the making of additions or
alterations or the taking of such action as may be required so that the property
shall conform to the standards established in this By-law.
"Stagnant Water" means sitting water that provides an environment for bacteria
to grow. (By-law 321-2009)
"Waste" includes garbage, special collection materials, recyclable materials,
organic materials, yard waste and prohibited waste.
"Vehicle" includes a motor vehicle, trailer, boat, motorized snow vehicle or other
mechanical power driven equipment.
"Yard" means the land, other than publicly owned land, around and appurtenant
to the whole or any part of a Building, and used, or capable of being used, in
connection with the Building. (repealed - By-law 321-2009, re-added By-law
70-2025)
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"Yard Waste" includes plant cuttings, roots, weeds , leaves, hedge and shrub
trimmings, brush cuttings, twigs and branches under 7.5 centimetres in diameter,
natural christmas trees and any other item disignated as yard waste by the
Director.
ADMINISTRATION
2.
The Director or his or her designate shall be responsible for the administration
and enforcement of this by-law.
DECLARATION BY COUNCIL
3.
Council declares that Refuse, Graffiti and Stagnant Water are each a public
nuisance within the meaning of Section 128 of the Municipal Act and this opinion
is arrived at in good faith. (By-law 321-2009)
REFUSE AND GARBAGE RECEPTACLES (Amended By-law 70-2025)
4.
No person shall:
(a)
place Refuse or Graffiti,
or
(b)
permit Refuse or Graffiti to be placed,
upon Private Property without the consent of the Owner of the property.
(By-law 321-2009)
4.1
The presence of a "No Dumping" sign shall be deemed to indicate a lack of
consent on the part of an Owner of Private Property. (By-law 321-2009)
4.2
No person shall:
(a)
place Refuse or Graffiti,
or
(b)
permit Refuse or Graffiti to be placed,
upon the property of the City or its Local Public Bodies or agencies, the property
of the Regional Municipality of Peel or its Local Public Bodies or agencies, the
property of Credit Valley Conservation or the property of the Toronto and Region
Conservation Authority, without the written consent of the Owner.
(By-law 321-2009)
4.3
Every Building and Dwelling shall have Proper Receptacles to contain all
garbage, rubbish, and trade waste. (By-law 070-2025)
4.4
All garbage, organics, and recyclable material shall be stored within a Proper
Receptacle and maintained in a clean condition. (By-law 070-2025)
4.5
Every receptacle shall:
(1) be maintained in a clean, sanitary and operable condition;
(2) be stored with the cover lid closed and secured;
(3) not be packed in a manner where the waste exceeds the height of the
receptacle or prevents the cover lid from closing securely; and
(4) not be stored in a Yard facing a street
(By-law 070-2025)
4.6
Despite subsection 8.3(4), Proper Receptacles may be stored in a Yard facing a
street, in an orderly manner adjacent to a Building, where:
(1) the subject Property does not have a side Yard with a width of 1.0 metres or
more;
Office Consolidation - Refuse By-law 381-2005 - Page 5 of 7
(2) the subject Property does not have rear Yard access that is wider than the
width of the receptacle; and
(3) the subject Property does not have an Accessory Building, carport, garage; or
(4) if the subject Property has a single car garage, that is deemed a required
parking space by the applicable zoning by-law; and
(5) the By-law Officer believes there is no reasonable alternative.
(By-law 070-2025)
4.7
Every commercial or industrial Building or plaza shall be provided with a
verminproof waste bin for the disposal of garbage and trade waste; and stored in
an approved, acceptable, and appropriate location. (By-law 070-2025)
4.8
Every commercial or industrial Building or plaza shall provide adequate garbage
containers for the disposal of Refuse and litter by patrons and shall be
maintained in a clean and safe condition. (By-law 070-2025)
REMOVAL OF REFUSE
5.
Owners and occupants of Private Property shall remove Refuse, Graffiti or
Stagnant Water from their property so that the property is in a clean and tidy
condition. (By-law 321-2009)
6.
Deleted - By-law 219-2019
7.
(a)
An Owner or occupant of a property does not breach section 4 or 4.2, or
incur the obligation in section 5, by placing garbage, recyclables, Yard
Waste or garden trimmings out for pickup, so long as the placement occurs
later than 7:00 p.m. on a day preceding a scheduled collection day or no
later than 7:00 a.m. on a scheduled collection day. (By-law 321-2009)
(b)
Every Owner and occupant shall ensure that receptacles and uncollected
Waste is removed from the place at which it was set out no later than 8:00
p.m. on the scheduled collection day. (By-law 321-2009)
NOTICE
8.
Prior to taking any action under Section 12 or 15, the Director or any By-Law
Enforcement Officer shall Deliver a notice requiring the Owner or occupant of a
property to,
(a)
remove Refuse, Graffiti or Stagnant Water from the property;
(b)
refrain from placing or permitting Refuse, Graffiti or Stagnant Water to be
placed on the property;
or
(c)
undertake the necessary works required to bring the property to a clean
and tidy condition;
within the time specified in the notice.
(By-law 321-2009)
9.
Every notice referred to in Section 8 shall identify the property.
ENTRY ON PREMISES
10.
(1) A By-law Officer may enter on Private Property at any reasonable time for the
purpose of carrying out an inspection under this By-law to determine whether
Office Consolidation - Refuse By-law 381-2005 - Page 6 of 7
or not the provisions of this By-law are being obeyed and to enforce and carry
into effect the provisions of this By-law (By-law 165-2011)
(2) For the purposes of an inspection referred to in subsection 10(1) the By-law
Officer may,
(a) require the production for inspection of documents or things from any
person relevant to the inspection;
(b) inspect and remove documents or things from any person relevant to
the inspection for the purpose of making copies or 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 purposes of the inspection. (By-law 165-2011)
(3) A sample taken under subsection 10(2) clause (d) shall be divided into two
parts, and one part shall be delivered to the person from whom the sample is
taken, if the person so requests at the time the sample is taken and provides
the necessary facilities. (By-law 165-2011)
(4) If a sample is taken under subsection 10(2) clause (d) and the sample has not
been divided into two parts, a copy of any report on the sample shall be given
to the person from whom the sample was taken. (By-law 165-2011)
(5) The By-law Officer shall provide a receipt for any document or thing removed
under subsection 10(2) clause (b) and the document or thing shall be
promptly returned after the copies or extracts are made. (By-law 165-2011)
(6) Copies of or extracts from documents and things removed under subsection
10 (2) and certified as being true copies of or extracts from the originals by
the person who made them are admissible in evidence to the same extent as,
and have the same evidentiary value as, the originals. (By-law 165-2011)
11.
(1) A By-law Officer exercising a power of entry under section 10 of this By-law
shall not enter or remain in any room or place actually being used as a
dwelling unless, the consent of the occupier is obtained, the occupier first
having been informed that the right of entry may be refused. (By-law 165-
2011)
(2) If entry is refused, then the By-law Officer may only gain entry if the
appropriate warrant or order is obtained under section 438, 439 or 386.3 of
the Municipal Act, 2001 (By-law 165-2011)
(3) Notwithstanding subsection 11(2) entry if permitted if:
a.) the delay necessary to obtain an order under section 438 of the
Municipal Act, 2001,or to obtain a warrant under section 439 of the
Municipal Act, 2001 or to obtain the consent of the occupier would
result in an immediate danger to the health or safety of any person; or
b.) the municipality has given notice of its intention to enter to the
occupier of the land as required under subsection 435 (2) and the entry
is authorized under section 79, 80 or 446 of the Municipal Act, 2001.
(By-law 165-2011)
Office Consolidation - Refuse By-law 381-2005 - Page 7 of 7
DEFAULT
12.
(a)
Where the Owner is in default of doing the matter required to be done
under this by-law, the Director may have the matter done and the cost
thereof, including an administration fee, shall be added to the property tax
rolls of the Owner and collected in the like manner as municipal taxes. (By-
law 321-2009)
(b)
(Deleted - By-law 401-2007)
13.
When the Director or his or her designate orders work to be done under this by-
law, paragraph 5 of Section 435(1) of the Muncipal Act does not require the work
ordered by the Director or his or her designate to be undone, and does not
require the City to provide compensation as a result of doing the remedial work.
(By-law 321-2010)
14.
Please see Schedule B of User Fee By-law 380-2003 for the quantum of the
administration fee referred to in Section 12(a). (By-law 136-2008)
PENALTY
15.
In addition to any other remedy, every person who contravenes any of the
provisions of this by-law is guilty of an offence and on conviction is liable to a fine
of not more than $5,000.00 exclusive of costs. (By-law 136-2008)
16.
Administrative Penalties (Non-Parking) By-law 218-2019, as amended, applies to
this By-law. Every Person who contravenes a provision of this By-law designated
in Schedule A of the Administrative Penalties (Non-Parking) By-law 218-2019,
shall upon issuance of a Penalty Notice be and is liable to pay to the City of
Brampton an administrative penalty in the amount set out in the Administrative
Penalties (Non-Parking) By-law 218-2019. (By-law 219-2019)
REPEAL
17.
By-law 167-91 is repealed. (By-law 219-2019 - renumbered)
SHORT TITLE
18.
This by-law may be referred to as the Refuse and Dumping By-Law. (By-laws
321-2009, 219-2109 - renumbered)
READ a FIRST, SECOND and THIRD TIME and PASSED in OPEN COUNCIL this 28th
day of November, 2005.
Original Signed by
Susan Fennell, Mayor
Leonard Mikulich, City Clerk