This is the exact embedded text of the captured official document.
Snapshot c7cd47bbb8b0 · verified 2026-08-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Corporation of the City of Clarence-Rockland
By-law 2022-65
A by-law to regulate clean-yards within the City of Clarence-Rockland and to
amend by-law 2022-33, being a by-law to establish an Administrative
Monetary Penalty System.
Whereas subsection 11(2) of the Municipal Act, 2001, provides, inter alia, that
a municipality may pass by-laws respecting the environmental well-being of the
municipally, the health, safety and well-being of persons and the protection of
persons and property; and
Whereas section 127 of the Municipal Act, 2001 provides that a local
municipality may require the owner or occupant of land to clean and clear land,
not including buildings, or to clear refuse or debris from the land, not including
buildings; regulate when and how cleaning and clearing is to be done; and
prohibit the depositing of refuse or debris without the consent of the owner or
occupant of land; and
Whereas section 128 of the Municipal Act, 2001 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 131 of the Municipal Act, 2001 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
Therefore, the Council of the City of Clarence-Rockland enacts as follows:
1.
Definitions
1.1
Costs means all monetary expenses incurred by the Municipality
during and throughout the process of any remedial work, including
interest at a rate of 15% per annum or such lower rate as
determined by the Municipality commencing on the day the
Municipality incurs the costs and ending on the day the costs,
including interest, are paid in full, and may include an
administrative
surcharge
amount
as
determined
by
the
Municipality.
1.2
Composting means the biological degradation or breakdown of
organic material into a dark soil-like material called humus;
1.3
Containers
for
composting
means
a
container
designed,
constructed and maintained for the specific use of composting;
1.4
Council means the Council of the City of Clarence-Rockland.
1.5
Derelict motor vehicle means a vehicle having missing bodywork
components or parts, including tires or damaged components,
parts, bodywork, glass or deteriorated or removed adjuncts, which
prevent its mechanical function, and includes a motor vehicle that
is not licensed for the current year.
1.6
Domestic waste means any debris, rubbish, refuse, sewage,
effluent, discard or garbage of any type arising from a residence,
belonging to or associated with a dwelling unit or use of a dwelling
unit or residential property, including, but not limited to, garbage,
discarded material or things, broken or dismantled things, and
materials or things exposed to the elements deteriorating or
decaying on a property due to exposure to the weather.
1.7
Dwelling unit means a room or rooms in which a kitchen, living
quarters and sanitary conveniences are provided for exclusive use
of the residents and with a private entrance from the outside of the
building or from a common hallway or stairway inside.
1.8
Industrial waste means any debris, refuse, sewage, effluent,
discard or garbage of a type arising from 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,
materials or things exposed to the elements, and deteriorating or
decaying on a property due to exposure to the weather.
1.9
Infestation means the overrunning of a property by vermin,
rodents and insects.
1.10 Manager means the City of Clarence-Rockland's Manager, Municipal
Law Enforcement or designate;
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 electric or steam railways, or other motor
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.
1.12 Municipality means The Corporation of The City of Clarence-
Rockland.
1.13 Officer means a Municipal Law Enforcement Officer or other person
appointed by or under the authority of a City by-law and a police
officer employed by the Ontario Provincial Police (OPP);
1.14 Owner means the registered owner of land or the occupant, tenant,
leasers, or the person for the time being managing or receiving the
rent of the property, whether on its own account or on account of
an agent or trustee of any other person or any one of the
aforesaid.
1.15 Person means an individual human being, a corporation, firm,
partnership, unincorporated association or organization, their heirs,
executors, assigns, administrators, agents, trustees or other legal
representatives of a person with or without share capital, any
association, firm, partnership or private club of a person to whom
context can apply accordingly.
1.16 Property means any and all land within the Municipality including
buildings and structures, yards and vacant lots.
1.16 Refuse or Debris means any waste material of any kind whatsoever
and without limiting the generality of the foregoing includes
rubbish, inoperative or unlicensed vehicles or boats and mechanical
equipment, automobile and mechanical parts, tires, furnaces, water
and fuel tanks, furniture, glassware, plastic, cans, garden refuse,
grass clippings, trees, tree branches, earth or rock fill, animal
feces, materials from construction or demolition projects, old
clothing and bedding, refrigerators, freezers, or similar appliances,
whether operable or inoperable, containers of any kind and un-
maintained garden fixtures and any objects or conditions that
might create a health, fire or accident hazard.
1.17 Remedial work means all work necessary for the correction or
elimination of a contravention of this By-law as cited in any order
issued under this By-law, including any such condition or health
hazard, actual or potential, that the contravention may pose.
1.18 Structure means any building or accessory building or any
property, or any part thereof, or any part of whole or any structure
of building not actually used as a dwelling house.
1.19 Turf grass means ground cover comprised of one or more species
of growing grass, with or without trees, shrubbery or maintained
planting beds or other vegetation.
1.20 Weed means a noxious weed designated by or under the Weed
Control Act, R.S.O. 1990, c. W.5, including any weed designated as
a local or noxious weed under a by-law of the Municipality for that
purpose.
2
Property Maintenance
2.1
Every owner shall maintain a clear and clean yard and shall also:
(a)
keep his or her land free and clear of all garbage, refuse,
debris, domestic waste or industrial waste of any kind, and
from any objects or conditions that may create a health, fire
or accident hazard;
(b)
ensure that his or her land is free and clear of infestation;
(c)
trim or cut weeds or turf grass on his or her land, whether
dead or alive, that are more than 20 cm (7.8 inches) in
height;
(d)
ensure that vegetation on his or her lands, other than weeds
and turf grass shall be kept trimmed and kept from becoming
unreasonably overgrown in a fashion that may affect safety,
visibility, or the passage of the general public;
(e)
keep his or her land free of holes or excavations which may
create health or accident hazards.
2.2. No person shall cause or permit unsafe or hazardous conditions and
also shall not:
(a)
cause or permit an unfenced or unprotected pit, excavation
or other declivity which causes a safety hazard on their
property;
(b)
permit any well which is unprotected or the presence of
which creates risk, accident or injury to the general public;
(c)
keep a swimming pool, hot tub, wading pool or artificial pond
unless it is maintained in good repair and working;
(d)
throw, place or deposit refuse, debris, or waste material on
any Municipal or public property.
3. Composting
3.1. No person shall permit composting of any kind other than in
accordance with Section 3.2 of this By-law.
3.2. Composting shall only be permitted as follows:
(a)
only in the rear of a dwelling unit;
(b)
only in a container, pile or digester and only on land on
which a dwelling unit is located;
containers for composting shall be designed, constructed so
as to prevent the entry of rodents or other animals the entry
of rodents or other animals, and shall be provided with a
tight-fitting cover which shall be kept closed at all times
except when material is being placed therein, and shall be
maintained in a clean and sanitary condition.
(c)
in a such a manner so as to preclude infestation;
(d)
in a pile no larger than 1 square metre and 1.2 metres in
height which shall be enclosed on all sides by concrete block,
or lumber, or in a forty-five gallon container, a metal frame
building with concrete floor, or a commercial plastic enclosed
container designed for composting;
(e)
in no more than two (2) compost containers, piles or
digesters used for composting on each parcel of land on
which a dwelling unit is located, for a total composting
capacity on the land of not more than two (2) cubic metres;
(f)
no feces shall be placed in a compost container, pile or
digester used for composting;
(g)
no offensive odour shall be permitted to emanate from the
compost container, pile or digester used for composting;
(h)
organic materials placed in a compost container shall be kept
covered with yard waste, soil or humus;
(i)
any compost container, pile or digester used for composting
shall be set back at least 0.6 metres (1.97 feet) from any lot
line.
3.3
Section 3.1 of this By-law does not apply to any agricultural and
rural zones as designated within the Municipality's Consolidated
Zoning By-law.
4. Derelict motor vehicles
4.1. No person shall use any property for the parking, storage or
placement of the following:
(a)
derelict motor vehicles or motor vehicles that are unfit to be
operated on a highway due to damage or poor repair;
(b)
motor vehicles that are not currently licensed for operation
pursuant to the provisions of the Highway Traffic Act;
(c)
motor vehicle parts or components unless otherwise
expressly permitted;
(d)
wrecked, dismantled, discarded, inoperative, or abandoned
motor vehicles, machinery, trailers or boats.
4.2. Section 4.1 of this By-law does not apply to lands that comply with
all applicable land use criteria which permits the retail, wholesale,
repair or wrecking of motor vehicles or a competition; or hobby
vehicle located in a fully enclosed building; or recreation vehicle
parking in compliance with the Municipality's Consolidated Zoning
By-law.
5.
General provisions
5.1. An officer may issue an order upon the owner of a property that is
not maintained pursuant to the requirements of this By-law which
directs that the owner remedy or rectify the contravention within a
specified period of time from the time of the delivery of the order.
5.2. Any order given under this By-law may be given by personal
delivery or mail and delivery by mail shall be deemed to have been
effected five (5) calendar days from the date of mailing.
5.3. Every order sent by an officer shall identify the land or structure
which is the subject of the order.
5.4. Every order to an owner shall be sent to the address shown on the
last revised assessment roll or to the last known address of the
owner.
5.5. The Municipality and any officer and agent shall be entitled to
remove any items in order to remedy or rectify any contravention
of this By-law and any such items that are removed in accordance
with this section may be disposed of immediately in the sole and
absolute discretion of the Municipality, its agents and officers,
which decision shall be final.
5.6
In the event that the violation set out in the order is not remedied
within the specified period of time as set out in the order, the
officer may cause the violation to be remedied at the expense of
the owner.
5.7
The Municipality shall not be liable for any damage to property or
personal injury resulting from any remedial work undertaken as a
result of a default of the owner or any person in complying with the
terms of this By-law.
5.8
With the exception of matters which pose an immediate risk to
public health and safety, which determination shall be made in the
sole and absolute discretion of the officer issuing the order and
whose decision is final, an order shall provide for not less than
fourteen (14) calendar days from the date of service of the order
for the remediation or rectification of the contravention as set out
in the order.
5.9
Notwithstanding Section 5.8 of this By-law, when there is an
immediate risk to public health and safety, which determination
shall be made in the sole and absolute discretion of the officer
issuing the order and whose decision is final, the order may require
immediate action or other remediation or rectification.
6. Entry on land & inspections
6.1. An officer appointed for the purpose of enforcing this By-law,
(a)
has the power to enter upon and examine any lands, yards,
vacant lots, grounds at any reasonable time or times, and
(b)
may be accompanied by such other person or persons as
they deem necessary to properly carry out their duties under
this By-law.
6.2 Notwithstanding Section 6.1, no person, including an officer, shall
exercise a power of entry under this By-law to enter a place or part
of a place that is actually being used as a dwelling unless:
(a)
the occupier of the dwelling, having been informed that the
right of entry may be refused, consents to the entry; or
(b)
if the occupier refuses to consent, an order is issued
pursuant to section 438 of the Municipal Act, 2001 or a
warrant is issued pursuant to section 439 of the Municipal
Act, 2001, or a warrant is issued under the Provincial
Offences Act, R.S.O. 1990, c. P.33.
6.3
A person exercising a power of entry on behalf of the Municipality,
under this By-law must on request, display or produce proper
identification.
6.4
No person shall hinder, interfere with or otherwise obstruct, either
directly or indirectly, any officer appointed for the purpose of
enforcing this By-law, including any person who may be
accompanying such persons, in the lawful exercise of any powers
or duties under this By-law.
7. Enforcement
7.1. The provisions of this By-law shall be enforced by a Municipal
Law Enforcement Officer, or other individual duly appointed for
the purpose of enforcing this By-law.
7.2. Every Municipal Law Enforcement Officer may carry out an
inspection to determine if the provisions of this Bylaw are being
complied and shall have the right to enter lands pursuant to the
Municipal Act, 2001.
8.
Offence and penalties
8.1. Any person who contravenes any provision of this By-law shall be
liable to pay the City an Administrative Monetary Penalty, upon
issuance of a penalty notice in accordance with the City of
Clarence-Rockland Administrative Monetary Penalties System
(AMPS) By-law, as may be amended from time to time.
8.2. Any person who contravenes any provisions of this by-law is guilty
of an offence and upon conviction shall forfeit and pay a penalty as
provided for in the Provincial Offences Act, R.S.O. 1990, Chapter
P.33 and amendments thereto;
8.3. Each day that a person contravenes with the provisions of this By-
law, may constitute a separate offence.
9.
Severability
9.1. If any provision or part of this By-law is declared by any court or
tribunal of competent jurisdiction to be illegal, inoperative, or
ultra vires, in whole or in part, or inoperative in particular
circumstances, the balance of the By-law, or its application in
other circumstances, shall not be affected and shall continue to
be in full force and effect.
10.
Order Prohibiting
10.1. When a person has been convicted of an offence under the
provisions of this By-law, any court of competent jurisdiction
thereafter may, in addition to any other penalty imposed on the
person convicted, issue an order prohibiting the continuation or
repetition of the offence or the doing of any act by person
convicted directed towards the continuation or repetition of the
offence.
11.
Short title
11.1. This By-law shall be cited as the Clean Yards By-Law.
12.
Amended
12.1. That By-Law No. 2022-33 be amended in order to add Schedule
A-6, being the Administrative Monetary Penalty System (AMPS)
Penalty Schedule for Clean Yards By-Law.
13.
Force and Effect
13.1. This by-law shall come into effect on July 18, 2022.
Read, passed, and adopted in open council this 6th day of July, 2022.
Mario Zanth, Mayor
Maryse St-Pierre, Deputy Clerk
Maryse St-Pierre
Signé avec ConsignO Cloud (07/07/2022)
Vérifiez avec verifio.com ou Adobe Reader.
Mario Zanth
Signé avec ConsignO Cloud (11/07/2022)
Vérifiez avec verifio.com ou Adobe Reader.