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THE CORPORATION OF THE TOWN OF DEEP RIVER
BY-LAW NUMBER 32-2025
A BY-LAW TO REQUIRE THE OWNERS OF YARDS WITHIN THE TOWN OF
DEEP RIVER TO CLEAN AND CLEAR THEM
WHEREAS Section 127 of the Municipal Act, 2001, authorizes the councils of
municipalities to pass By-Laws to require the cleaning or clearing of the land, not including
buildings, or to clear refuse or debris from the land, not including buildings;
AND WHEREAS Section 10 of the Municipal Act, 2001, authorizes the councils of
municipalities to pass By-Laws for the health, safety and well-being of persons;
AND WHEREAS Section 391 of the Municipal Act, 2001, authorizes the councils of
municipalities to impose fees or charges for services rendered;
AND WHEREAS Council deems it advisable to regulate the cleaning and clearing of
properties within the Town of Deep River;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town
of Deep River enacts as follows:
1 DEFINITIONS
In this by-law:
“Building” includes:
a) astructure occupying an area greater than fifteen (15) square metres (equivalent
to 160 square feet) consisting of a wall, roof and floor or any of them or a
structural system serving that function, including all plumbing, works, fixtures and
service systems appurtenant to it;
b) a structure occupying an area of fifteen (15) square metres (equivalent to 160
square feet) or less, that contains plumbing, including the plumbing appurtenant
to it; and
c) any structure designated in the Ontario Building Code as a “building”.
“By-Law” means this By-Law, as it may be amended from time to time. The Recitals
to, and the Schedules attached to this By-Law are considered integral parts of this
By-law.
“Council” or “Town Council” means the municipal council for the Town of Deep
River.
“Composting Container” means an approved container capable of enclosing
composting materials in a neat and odour free condition.
“Debris” includes garbage of any kind, and without limiting the generality of the
foregoing, includes the following:
a) material of any kind which has been discarded by its rightful owner;
b) excessive accumulations or piles of tree, brush, or grass clippings which are not
part of a composting heap;
c} acomposting heap, which is not properly contained in a composting container or
composting containers for efficient composting purposes, including tree or brush
cuttings;
d) garbage, rubbish, junk, or litter;
e) discarded paper, paper products, cardboard, clothing;
f) waste, which includes pet excrement;
g) items which cannot be used for their rightful or originally intended purpose due
to their placement or situation;
h) unlicensed items;
i) inoperative, unused, or abandoned vehicles or mechanical equipment;
j) automotive and mechanical parts or accessories;
k) industrial or commercial equipment, whether operative or inoperative;
1) appliances, furniture, furnaces, heaters or fuel tanks;
m) construction or demolition debris, broken concrete or asphalt, pavement
patio/sidewalk pavers, unusable building materials, earth or rock fill;
n) recovered or recycled materials including firewood, which are haphazardly
strewn about and not stored or piled neatly;
0) dead and / or decaying trees, that due to their location or situation on private
property may be a health or safety hazard to public property or the users of public
property.
“Dwelling” means a building or structure, any part of which is or is intended to be
used for the purpose of human habitation and includes a building that would be used
or intended to be used for such purposes.
“Lot” means a separately transferable parcel of land in any zone as defined within
the Town of Deep River Zoning By-law save and except lands zoned Open Space
or Environmental Protection.
“Naturalization” means a recognized practice of gardening that encourages the
deliberate introduction, use, and maintenance of native and non-native species
through generally accepted landscape practices to produce ground cover other than
turfgrass. Naturalization does not mean neglect or disregard to the maintenance of
property.
“Naturalized Area" means lands that have been deliberately landscaped to
produce ground cover other than mown turfgrass and that includes two or more
species of wildflowers, shrubs, perennials, grasses, or combinations of them,
whether native or non-native, consistent with a managed and natural landscape;
lands where the owner or occupant has re-established a reproducing population of
native species, through a combination of natural regeneration and deliberate
plantings; and may include a water feature that is deliberately created for the
landscape and managed appropriately.
“Notice” means the written notice referenced in Section 5 of this By-Law.
“Occupier” means any occupant of the property in question with authority to act on
behalf of the registered owner/occupier, any person authorized by the registered
owner to act on their behalf; any lessee or occupant of the property who, under the
terms of a lease or occupancy agreement, is required to repair and maintain the
property in accordance with the standards for the maintenance and occupancy of
property; and any mortgagee or receiver and manager or trustee in bankruptcy with
possession and control of the property.
“Officer” means a person within the administration of the Town who has been
appointed as an officer for the purposes of the enforcement of any or all of the
Town's By-Laws.
“Owner” means the registered owner of the property in question identified in the
Land Registry Office of the Ministry of Consumer and Commercial Relations.
“Police Officer” means a chief of police or any other police officer in a police
service that is appointed for enforcing or carrying out the provisions of this by-law.
“Public Property” means any property owned by the federal government,
provincial government or the Town of Deep River.
“Standing Water” means standing or stagnant water in a vessel, pool, container or
other item capable of holding water where evaporation is the only means of
evacuating the water, but does not include standing or stagnant water in a ditch,
culvert, drainage work, agricultural field or other depression in the ground.
“Shipping Container’, “Seacan”, “Storage Container’, “Storage Trailer”
means any unlicensed trailer, whether or not the same is mounted on wheels;
mobile storage trailers, storage structures or cargo boxes designed or serving as
commercial shipping or cargo containers; truck trailers or boxes; or the parking of
tractor-trailers or separate tractor or cargo boxes, but not including an
establishment. For the purposes of this definitions, unlicensed trailer means a trailer
which does not a valid permit under the Highway Traffic Act, R.S.O. 1990, c. H.8,
as amended.
“Town”, “The Town of Deep River” means The Corporation of the Town of Deep
River and includes its entire geographic area.
“Turfgrass” means any of the various grass species typically grown for lawns; of a
type that forms a dense, even turf when mown (including, but not limited to,
Kentucky Bluegrass, Canadian Bluegrass, Perennial Ryegrass, and Fine Fescue).
“Vacant Lot” means a Lot which contains no occupied buildings.
“Vehicle” includes any motor vehicle, trailer, boat, watercraft, motorized snow
vehicle, and any other vehicle drawn, propelled or driven by any kind of power,
including muscular power.
“Unlicensed Items” means items which cannot be used for their rightful or
originally intended purpose due to lack of license, registration or other requirement,
including but not limited to insurance coverage and mechanical safety certificate.
“Unsafe Debris” means any refuse or debris which is situated on private or public
property in such a manner as to cause an immediate safety concern to members of
the general public or that may create a health, fire, or accident hazard.
“Unsafe Standing Water” means standing water which is situated on private or
public property in such a manner as to cause an immediate safety concern to
members of the general public.
“Yard” means the land in common ownership with, and around or appurtenant to,
a residential or non-residential building, which is used or capable of being used in
connection with the property. The definition includes any land which is in common
ownership with the lot on which the building is situate, and is actually used in
connection with the property.
2 GENERAL DUTIES AND OBLIGATIONS
2.1
2.2
2.3
2.4
Every owner and / or occupier shall keep their lands in a state of good repair, and
shall maintain those lands in a clean, clear and safe condition, free from refuse
and/or debris or materials that create a nuisance.
No person shall throw, place or deposit refuse or debris on any lands.
Owners and / or occupiers shall ensure that yards are kept clean and clear from
a) Refuse and debris;
b) Objects or conditions that may create a health, fire or accident hazard, or public
nuisance;
c) Dilapidated, collapsed, unsafe or unsecured structures; or partially constructed
structures which are not currently under construction; or
Where on any lands there is refuse or debris, the owner and/or occupier shall
remove such items from the land so that the land is left in a clean condition.
VEHICLES AND EQUIPMENT
No wrecked, dismantled, inoperative, discarded or abandoned machinery, vehicles,
trailers, boats, or watercraft shall be parked, stored or left in any yard unless it is
necessary for the operation of a business enterprise lawfully situated on the property
3.2
3.3
3.4
4.2
4.3
44
4.5
46
and then only in an arrangement such as to prevent an unsafe or unsightly condition
and not in the front or exterior side yards.
Nothing in subsection 3.1 prevents the occupant of a residential property from
repairing a vehicle which is the occupant's own vehicle provided that there is only
one (1) vehicle being repaired, the vehicle is being actively repaired, and the vehicle
is not parked or stored on any public tand or road allowance.
No vehicle shall be parked or stored in the front yard or exterior side yard except on
a paved or otherwise appropriately finished and demarcated driveway surface.
Vehicles shall not be stored or parked on any public land or road allowance, other
than in compliance with the Parking By-Law, as amended.
No owner and / or occupier shall place, park, or store any storage container, storage
trailer, seacan, and / or shipping container on any yards, except in compliance with
the Zoning By-law, as amended.
LANDSCAPING, VEGETATION, AND MATERIALS
No owner and / or occupier of private land shall have, or be permitted to have, or
allow to grow on their lot, noxious weeds designated under the Weed Control Act,
R.R.O 1990, Regulation 1096, and / or any Local Weeds designated by the County
of Renfrew. Any noxious weeds must be controlled and / or removed from the lands
and destroyed as regulated by the Weed Control Act, R.R.O 1990.
Compost heaps or bins shall not be placed in the front yard, side yard, or exterior
side yard and shall meet the required setback for an accessory building in
accordance with the Zoning By-Law.
The owner and / or occupier of private jand shall cut the turfgrass on their land
whenever the growth of turfgrass exceeds 20 centimetres in height or length from
June 1 to December 1. Turfgrass lawns shail be kept trimmed, and not be overgrown
or in an unsightly condition out of character with the surrounding environment.
The use of naturalized or landscaped areas not containing turfgrass shall not relieve
an owner and / or occupier from any other responsibilities or duties described in this
or any other By-Law.
The owner and / or occupier of private lands shall maintain all vegetative growth on
their land such that vegetative growth shall not obstruct sidewalks or roadways, and
shall not restrict driver and pedestrian sight lines at intersections, driveways,
sidewalks, walkways, or visibility to all traffic control devices.
Domestic materials such as firewood, building materials, garden equipment and
materials may be stored in a rear or interior side yard, provided that
a) Such storage does not exceed 15 percent of the yard area in which it is stored;
b) Such storage shall be neatly piled and shall not constitute a hazard; and
6.2
6.3
6.4
6.5
c) Such storage shall not be stored in the front or exterior side yard.
STANDING WATER
No owner and / or occupier of private lands shall allow standing water to accumulate
on their lands.
NOTICE
Where a Municipal Law Enforcement Officer becomes aware via complaint or where
reasonable grounds exist to indicate, that a property is contravention of this By-Law,
they may issue a written Order to that owner and / or occupier to make the lands
conform to the requirements of this By-Law, and such Order shall specify the time
allowed for compliance. Such Order shall be delivered by registered mail, direct
delivery by hand, or posted in a weather-resistant fashion in a conspicuous location
at the site which is the subject matter of the notice.
Any complaint submitted shall be in writing and shall include the date, name of
complainant, contact information of the complainant, address of the property
believed to be in contravention and the complainant's signature, to be provided for
the purpose of evidence in the event that the matter proceeds to court.
The Municipal Law Enforcement Officer also has the discretion to issue an Informal
Notice to the property owner. If the property owner does not comply with the Informal
Notice, the Municipal Law Enforcement Officer shall issue a written Order.
Amendment of Notice Time
Where an owner and / or occupier is making reasonable effort to comply with a
notice, but requires more time within which to complete the removal of the debris or
standing water, the Director responsible for municipal by-law enforcement or a
Municipal Law Enforcement Officer may, in their discretion, approve up to two (2)
time period extensions pursuant to this section of the By-Law. Each extension shall
be for a time period no longer than thirty (30) days. in those circumstances, written
notice of the change to the original notice shall be delivered to all persons who
received the original notice.
Withdrawal of Notice
Where an owner and / or occupier has either complied with the notice within the
appropriate time frame, or where a Municipal Law Enforcement Officer is satisfied
that the owner and/or occupier has corrected the problem without necessarily strictly
complying with the notice, the Municipal Law Enforcement Officer may withdraw the
notice by sending written notice of the withdrawal to all persons who received the
original Order.
UNSAFE CONDITIONS
7.1
7.2
7.3
7.4
7.5
8.1
8.2
8.3
Unsafe Debris
Where the circumstances of sections 2, 3, and 4, as applicable, exist, but where
such circumstances creates an immediate safety concern to members of the general
public or that may create a health, fire, or accident hazard, section 7 applies.
Unsafe Standing Water
Where the circumstances of section 5, as applicable, exist, but where any part of
the standing water in question is unsafe standing water, section 7 applies.
Immediate Action
In circumstances of section 7.1 or section 7.2, a Municipal Law Enforcement Officer
is specifically authorized to take immediate steps, or to cause immediate steps to
be taken, to eliminate the danger associated with the unsafe debris or unsafe
standing water and any costs expended shall be the responsibility of the owner or
occupier of the subject property.
Limited Authorization
The authorization provided by section 7.3 of this By-Law is limited only to such steps
as are required to remove the unsafe standing water or the unsafe debris as the
case may be.
Cost Recovery
Where section 7.3 of this By-Law is invoked, all costs associated with the work,
including any Administration Fee, shall be added to the tax roll of the property from
which the danger was eliminated, and shall be collected in like manner as municipal
taxes as well as an administration fee as set out in Schedule “A” to this By-Law.
OFFENSES
Any person who contravenes any provision of this By-Law is guilty of an offence.
The failure of any owner and / or occupier to comply with a notice within the time
frame specified in that notice, subject to sections 6.4 and 6.5 of this By-Law,
constitutes an offence.
No person shall hinder or obstruct, or attempt to hinder or obstruct, any person
exercising a power or performing a duty under this By-Law.
ENFORCEMENT
This By-Law may be enforced by every Municipal Law Enforcement Officer or Police
Officer.
10
11
12
13
14
15
15.1
PENALTY
Any person who contravenes any provision of this By-Law is guilty of an offence,
and upon conviction, is liable to a fine in accordance with the provisions of the
Provincial Offences Act, 1990 c.P33 and to any other applicable penalty.
COURT ORDER
If this By-Law is contravened and a conviction entered, the court in which the
conviction has been entered and any court of competent jurisdiction thereafter may,
in addition to any other remedy and to any penalty that is imposed, make an order
prohibiting the continuation or repetition of the offence by the person convicted.
TOWN MAY COMPLETE WORK
Where an owner and / or occupier fails to comply with a notice within the specified
time frame subject to amendment in accordance with Section 6.4 or withdrawal in
accordance with section 6.5, a Municipal Law Enforcement Officer may, in addition
to any enforcement of this By-Law, cause the Town’s forces or contracted forces to
complete the work required by the notice, without further notice to the owner and /
or occupier.
COST RECOVERY
Where Section 9 of this By-Law is invoked, all costs associated with the work shall
be added to the tax roll of the property which is the subject matter of the notice and
shall be collected in like manner as municipal taxes as well as an administration fee
as set out in Schedule “A”.
ADMINISTRATION OF BY-LAW
Unless otherwise indicated in this By-Law, the administration of this By-Law is
assigned to the Municipal Law Enforcement Officer, who may delegate the
performance of any of the Municipal Law Enforcement functions under this By-Law
from time to time as required.
INTERPRETATION RULES
Wherever this By-Law refers to a person or thing with reference to gender or the
gender neutral, the intention is to read the By-Law with the gender applicable to the
circumstances.
15.2 References to items in the plural include the singular, and references to items in the
singular include the plural, as applicable.
15.3 The word “include” is not to be read as limiting the phrases or descriptions that
precede it.
16 STATUTES
16.1 References to laws in this By-Law are meant to refer to the Statutes, as amended
from time to time, that are applicable within the Province of Ontario.
16.2 Provincial Offences Act in Effect: All penalties imposed as a result of the
contravention of any of the provisions of this By-Law shall be enforceable and
recoverable under the provisions of the Provincial Offences Act.
17 SEVERABILITY
17.1 |f a court or tribunal of competent jurisdiction declares any portion of this By-Law to
be illegal or unenforceable, that portion of this By-Law will be considered to be
severed from the balance of the By-Law, which will continue to operate in full force
and effect.
18 EFFECTIVE DATE
This By-Law shall take effect upon the final passing thereof and upon approval by
the Ministry of the Attorney General.
READ A FIRST, SECOND AND THIRD TIME AND PASSED THIS 117 DAY OF
JUNE, 2025.
SSPpaaco Wht bry
Glenn Doncaster, Reeve Jacly’ Mellon, Clerk
This photocopy is a true copy
of the original document
which has not been altered
in any way.
LV je/ A
Jackie Melion, a Commissioner, stc.,
County of Renfrew, while Clerk of the
Corporation of the Town of Deep River.
THE CORPORATION OF THE TOWN OF DEEP RIVER
SCHEDULE “A1” to By-Law 32-2025
A BY-LAW TO REQUIRE THE OWNERS OF YARDS WITHIN THE TOWN OF
DEEP RIVER TO CLEAN AND CLEAR THEM
PRESCRIBED ADMINISTRATION FEES
Occurrence Fee
Initial First Inspection No Fee
Initial Final Inspection No Fee
Second Offence Inspection No Fee
Second Offence Final Inspection $100.00
Third Offence Inspection No Fee
Third Offence Final Inspection $200.00
Fourth Offence Inspection No Fee
Fourth Offence Final Inspection $400.00
Fifth Offence Inspection No Fee
Fifth Offence Final Inspection $800.00
Note: For all subsequent offences to the fifth offence, the Final Inspection Fee shall be
multiplied by two times the previous inspection fee levied.
Note: Where change to the ownership or occupation of the property as the case may be,
transpires and the owner or occupier at the time of the offence as the case may be,
ceases to be an owner or occupier of the subject property as the case may be, the
occurrence cycle shall be rest to zero offences.
PROVINCIAL OFFENCES ACT
Part |
IT |S ORDERED pursuant to the provisions of the Provincial Offences Act and the
rules for the Ontario Court of Justice, that the amount set opposite each of the
offences in the schedule of offences under the Provincial Statutes and Regulations
thereunder and Municipal By-law No. 32-2025, of the Town of Deep River attached
hereto is the set fine for that offence. This Order is to take effect on August 15,
2025.
Dated at Ottawa, this 15" day of August 2025.
Electronic Signature:
aU Vincent Cliggord, 259)
W. Vincent Clifford
Regional Senior Justice
Ontario Court of Justice
East Region
THE CORPORATION OF THE TOWN OF DEEP RIVER
SCHEDULE “A2” to By-Law 32-2025
A BY-LAW TO REQUIRE THE OWNERS OF YARDS WITHIN THE TOWN OF
DEEP RIVER TO CLEAN AND CLEAR THEM
PENALTIES UNDER PART 1 PROVINCIAL OFFENCES ACT
ITEM COLUMN 1 COLUMN 2 COLUMN 3
Short Form wording Provision creating or | Set Fine
defining Offence
1. Places, deposits, or dumps refuse |s. 2.2 $400.00
or debris
2. Owner — Allow debris to 8.2.3 $400.00
accumulate on property. s. 2.4
3. Owner — Allow standing water to s. 5.1 $400.00
accumulate on property.
4. Fails to comply with provisions of | s. 8.1 $400.00
this by-law.
Fails to comply with an order, s. 8.2 $400.00
direction, or other requirement.
6. Obstructs or attempts to obstruct s. 8.3 $400.00
Officer
NOTE: The penalty provision for the offences listed above is Section 10 of By-Law 32-
2025, a certified copy of which has been filed.
The fine amounts listed above have been approved by the Regional Senior Justice.
Dated: August 15, 2025
Electronic Signature:
W. Vincent Clifford
Regional Senior Justice
Ontario Court of Justice - East Region