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THE CORPORATION OF THE TOWNSHIP OF COLEMAN
BY-LAW 23-23
BEING A BY-LAW PROVIDE FOR
MAINTAINING LAND IN A CLEAN AND CLEAR CONDITION
(CLEAN YARDS BY-LAW)
WHEREAS to Sections 127, 128, and 131 of the Municipal Act S.O. 20012, c. 25 as amended,
Council may pass by-laws for requiring the cleaning and clearing of yards, for prohibiting the
deposit of refuse on private and public lands; for prohibiting automotive wrecking yards and
requiring removal or repair of dilapidated fences and structures; and
WHEREAS pursuant to Section 446 of the Municipal Act S.O. 2001, c. 25, as amended, a
municipality may enact a bylaw to require that a matter or thing be done and in default, the matter
or thing may be done by the municipality at the person's expense and further that the costs of
doing so may be added to the tax rolls and collected in the same manner as taxes; and
WHEREAS pursuant to Section 391 of the Municipal Act S.O. 2001, as amended, a municipality
may impose fees or charges on persons for services or activities provided or done by or on behalf
of it; and
WHEREAS the Council of The Corporation of the Township of Coleman desires to pass a "Clean
Yards By-law".
NOW THEREFORE Council of The Corporation of the Township of Coleman hereby enacts
the following as a by-law:
1.
That the Council of The Corporation of the Township of Coleman adopts a Clean Yards
By-law identified as Schedule 'A", hereto attached and forming part of this by-law.
2.
That the effective date of the by-law shall be the date of adoption.
3.
That By-law 12-06, By-law 12-23, By-law 12-24, By-law 13-18, By-law 14-18 and any
amendments thereto be hereby repealed.
4.
That the Clerk of the Township of Coleman is hereby authorized to make any minor
modifications or corrections of an administrative, numerical, grammatical, semantically or
description nature or kind to the by-law and schedule as may be deemed necessary after
the passage of this by-law.
Read FIRST, SECOND and THIRD TIME and FINALLY PASSED this 10th day of July, 2023.
____________________________________
Dan Cleroux, Mayor
____________________________________
Christopher W. Oslund, CAO/Clerk-Treasurer
SCHEDULE A TO BY-LAW 23-23
CLEAN YARDS BY-LAW
GENERAL
1.1
Short Title:
This By-law shall be cited as the "Clean Yards By-law"
1.2
Scope:
The provisions of this by-law shall apply to all property within the geographic limits of the
Township of Coleman, except where otherwise provided.
1.3
Enforcement:
This By-law shall be enforced by a Municipal By-law Enforcement Officer, Property
Standards Officer or designate and Peace Officers.
1.4
Conflicts with other By-laws:
Where a provision of this By-law conflicts with a provision of another by-law in force in the
Township of Coleman, the provisions that establish the higher standard in terms of
protecting the health, safety and welfare of the general public and the environmental well-
being of the municipality, shall prevail to the extent of the conflict
DEFINITIONS
Definitions of words, phrases and terms used in this by-law that are not included in the list of
definitions in this section shall have the meanings which are commonly assigned to them in the
context in which they are used in the By-law.
The words, phrases and terms defined in this section have the following meaning for the purposes
of this By-law
2.1
"Council" means the Municipal Council of the Township of Coleman.
2.2
"Domestic Waste" means any article, thing, matter or any effluent belonging to or
associated with a residence, household or dwelling unit, or concerning or relating to the
home or family that appears to be waste material; and for greater clarity, but not so as to
restrict the generality of the foregoing terms of this clause, it is hereby declared that
domestic waste extends to the following classes and waste material:
a.
Grass clippings, tree cuttings, brush, leaves and garden refuse
b.
Paper, cardboard, clothing
c.
All kitchen and table waste, of animal or vegetable origin, resulting from the
preparation or consumption of food except any material of vegetable origin placed
in a composting container.
d.
Faeces
e.
Cans, glass, plastic containers, dishes
f.
New or used material resulting from or for the purpose of construction, alteration,
repair or demolition of any building or structure
g.
Refrigerators, freezers, stoves or other appliances and furniture
h.
Furnaces, furnace parts, pipes, fittings to pipes, water or fuel tank.
i.
Unlicensed motor vehicles, inoperative motor vehicles, vehicle motor parts and
accessories, vehicle tires mounted or not mounted on rims, mechanical equipment.
j.
Rubble, inert fill, fencing materials.
2.3
"Hobby Vehicle" means a vehicle that is actively being repaired or restored as a hobby
for the owner/occupant of the property, a race car, or vehicle that by its special nature is
not routinely used or licensed but is intended to show or display on occasion.
2.4
"Industrial Waste" means any article, thing, matter or any effluent belonging to or
associated with industry or commerce or concerning or relating to any trade, business,
calling or occupation that appears to be waste material; and for greater clarity, but not so
as to restrict the generality of the foregoing terms, industrial waste extends to the following
classes of waste material:
a)
Articles, things, matter or effluent, which in whole or in part are derived from,
constituted from or consist of:
i.
agriculture, animal, vegetable, paper, lumber, or wood products
ii.
mineral, metal or chemical products
iii.
whether or not the products are manufactured or otherwise processed
b)
Inoperative motor vehicles and motor vehicle parts including but not limited to tires,
mechanical equipment, mechanical parts, accessories, appurtenant or adjunct to
the motor vehicles and mechanical equipment
c)
piping, tubing conduits, cable and fittings or other accessories, or adjuncts to the
piping, tubing, conduits or cable
d)
containers or pallets of any size, type or composition
e)
materials resulting from, or as part of, construction or demolition projects
f)
rubble, inert fill except loose soil, sand, gravel
g)
bones, feathers, hides
h)
sewage
2.5
"Inoperative Motor Vehicle" means any motor vehicle having missing parts, including:
tires, damage or missing glass, deteriorated or removed metal components, or anything
which prevents its mechanical function.
2.6
"Motor Vehicle" commercial and industrial vehicles and equipment, automobiles,
motorized snow vehicles, off-road vehicles, motorcycles, all-terrain vehicles, trailers,
boats, marine equipment, farm equipment, construction equipment and heavy machinery.
2.7
"Municipality" means the Municipality of the Township of Coleman
2.8
"Officer" means Municipal By-Law Enforcement Officer or designate, Property Standards
Officer or Peace Officers.
2.9
"Owner" includes:
a)
both the owner in trust and beneficial owner of land
b)
The person for the time being managing or receiving rent of the land or premises
in connection with which the work is used, whether on the person's own account
or as agent or trustee of any other person, or who would receive the rent if the land
and premises were let; and
c)
a lessee or occupant of the property who manages or controls the condition of the
property.
2.10
"Person" in addition to its regular meaning, includes an individual, firm, proprietorship,
partnership, association, syndicate, trust, corporation, department, bureau and agency or
any director, officer, manager or person in charge of such entity or the collecting of rent of
any property, or any other person who is the occupier of the property.
2.11
"Refuse" means any article, thing, matter, substance or effluent, that: has been cast
aside, discharged or abandoned, or is discarded from its usual and intended use, or is
used up, in whole or in part, or expended or worn out in whole or in part; including Domestic
Waste and Industrial Waste, and that domestic waste and industrial waste does not cease
to be refuse by reason that it may be commercially saleable or recyclable; rubble,
inoperative motor vehicle, parts of motor vehicles, unused or abandoned motor vehicles,
vehicles without validated licence plates, vehicles without licence plates, objects or
conditions that may create fire, health or accident hazards, dead animals, old or decayed
lumber, decayed trees, discarded trees, part of trees, leaves and discarded organic
material.
2.12
"Rubble" includes but not limited to broken concrete, flagstone, bricks, broken asphalt,
patio or sidewalk slabs.
2.13
"Township" means the Township of Coleman
REGULATIONS
LITTER
3.1
No person shall throw, place or deposit or in any manner put refuse on any Township
street/road or property.
3.2
No person shall throw, place or deposit or in any manner put refuse on any private property
within the Township.
3.3
Every owner, tenant or occupant of property shall maintain said property clean and free
from refuse as defined in Section 2.11.
3.4
Notwithstanding Section 3.1 of this by-law, acceptable refuse placed on municipal property
for the purposes of regular or special garbage or waste collection, in accordance with
applicable by-laws respecting garbage and waste collection, shall be exempted from the
provisions of this by-law
CLEAN UP WEEK REGULATIONS
4.1
No person shall place garbage, refuse or debris meant for pickup during clean-up week
on private property or Township property prior to seven days preceding the pickup date
established by Council.
4.2
No person shall place any appliance containing Freon gas meant for pickup during clean-
up week, on private property or Township property, unless such Freon gas has been
removed from the appliance by a qualified technician and such technician property tags
the appliance.
4.3
No person shall allow items not picked up during clean-up week to remain on private
property or Township property for a period exceeding two days after the pickup date.
VEHICLES
5.1
Except as provided in the Township of Coleman Zoning By-law and amendments thereto
or otherwise permitted by law, no person shall store inoperative or partly dismantled motor
vehicles or parts of motor vehicles on private or town property.
5.2
Section 5.1 shall not apply to Owners who are actively restoring not more than one vehicle
and/or one hobby vehicle provided the vehicles are stored in an enclosed structure or
located in a manner so as to be screened from view by neighbouring residents or from
adjacent roadways;
ADMINISTRATION AND ENFORCEMENT
6.1
An officer may, by personal service or by notice sent by registered mail served on the
owner, lessee or occupant of the land or structure, require the Owner within the time
specified in the notice:
a)
to clean, clear or remove from the land or structure refuse, domestic or industrial
waste of any kind;
b)
to cease using the land or structure for the dumping or disposing of refuse,
domestic or industrial waste of any kind;
c)
to cover over, screen or enclose the refuse, domestic or industrial waste in the
manner prescribed by the officer;
d)
to pull down, repair or renew any structure (including but not limited to fences and
retaining walls) that by reason of its ruinous or dilapidated state is in an unsafe
condition.
6.2
Every notice sent by the officer shall identify the land or structure.
6.3
Every notice to an owner or lessee shall be sent to the address shown on the last revised
assessment roll or to the last known address.
6.4
Every notice sent to an occupant shall be to the address of the land, or structure or to be
last known address of the occupant.
6.5
When there is an immediate risk to public health and safety, the notice may require
immediate action or remediation.
6.6
A copy of the notice to the Owner will be retained by the Municipal By-law Enforcement
Officer. After the specified time of the notice for remediation has lapsed, the Officer will
perform a site visit to ensure compliance. If compliance has not been met, the Officer will
issue a ticket for the penalty as provided in accordance with this By-law (Appendix 1)
under the Provincial Offences Act.
RIGHT OF ENTRY
7.1
Where the Municipality has a power of entry under the said Municipal Act, the power shall
be exercised by an Officer of the Municipality who may be accompanied by a person under
his/her direction.
7.2
The Municipal By-law Enforcement Officer, for the purpose of inspection and/or remedial
action, may enter upon the land and into accessible or open structures other than a place
actually used as a dwelling house, at any reasonable time, without notice.
7.3
A person exercising power of entry on behalf of the Municipality under this Act must, on
request display or produce proper identification.
REMEDIATION
8.1
Where the owner is in default of doing any matter or thing directed or required to be done
under this by-law, an Officer may direct the completion of such at the owner's expense.
In so doing, the Municipality may charge an administration fee and both the expense and
the fee may be recovered from the owner.
8.2
The following Administration Fees shall be applied in addition to any penalty provided in
the Provincial Offences Act or in accordance with the set fines outlined in Appendix 1:
i)
Where an owner fails to comply with an enforcement officer's verbal direction
under this by-law, the owner shall pay an administration fee of $50.00;
ii)
Where an owner fails to comply with an enforcement officer's written direction
under this by-law, the owner shall pay an administration fee of $100.00; and
iii)
Where an owner fails to comply with an enforcement officer's Order under this by-
law, the owner shall pay an administration fee of $150.00
8.3
Where any matters of things are removed in accordance with Section 8.1, such matters
or things may be immediately disposed of by the Officer.
8.4
The Municipality may recover the remedial action cost and administration fee incurred
under Section 8.1 and Section 8.2 by action, or by adding them to the tax roll and collecting
them in the same manner as taxes in accordance with Section 446 of the Municipal Act.
8.5
The Municipality may, prior to recovering costs incurred in Section 8.1 and Section 8.2
pursuant to Section 446 of the Municipal Act by adding costs of the Municipal Taxes,
invoice Owners requesting voluntary payment of said remedial action costs.
PENALTIES
9.1
Any person who contravenes, suffers or permits any act or thing to be done in
contravention of, or neglects to do or refrains from doing anything required to be done
pursuant to any provisions of this By-law, or any permit or order issued pursuant thereto,
is guilty of an offence and is liable to a maximum fine of $5,000.
VALIDITY
10.1
If any section, clause, or provision of this By-law, is for any reason declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the By-law as
a whole or any part thereof, other than the section, clause or provision so declared to be
invalid and it is hereby declared to be the intention that all remaining sections, clauses, or
provisions of this By-law shall remain in full force and effect until repealed, notwithstanding
that one or more provisions thereof shall have been declared to be invalid.
APPENDIX 1
TO SCHEDULE A OF BY-LAW 23-23
PART 1 PROVINCIAL OFFENCES ACT
BY-LAW NO. 23-23 being a by-law to Provide for Maintaining Land in a Clean and
Clear Condition in the Township of Coleman
ITEM
COLUMN 1
COLUMN 2
COLUMN 3
SHORT FORM WORDING
PROVISION
CREATION OR
SET FINE
DEFINING OFFENCE
1
Litter on Township of Coleman
Property
Section 3.1
Fine not exceeding
$250.00
2
Litter on Private Property
Section 3.2
Fine not exceeding
$250.00
3
Storing Inoperative Motor Vehicles on
Private or Township Property
Section 5.1
Fine not exceeding
$150.00