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THE CORPORATION OF THE TOWNSIDP OF EAR FALLS
BY-LAW NO. I} 7 L, -0 5
A By-Law to Provide for the Maintaining
of Land in a Clean and Clear Condition
WHEREAS Section 123 of the Municipal Act S.O. 2001, c.25, as amended,
provides that a local municipality may, for the purpose of public safety,
regulate with respect to cliffs, pits, deep waters and other dangerous places; and
WHEREAS Section 127 of the Municipal Act S.O. 2001, c.25, as amended,
provides that a local municipality may require the owner or occupant of land to
clean and clear the land, not including buildings, or to clear refuse or debris
from the land, not including buildings, and to prohibit the depositing of refuse
or debris on land without the consent of the owner or occupant of the land; and
WHEREAS Section 130 of the Municipal Act S.O. 2001, c.25, as amended,
provides that a local municipality may regulate matters not specifically
provided for by this Act or any other Act for purposes related to the health,
safety, and well-being of inhabitants of the municipality; and
WHEREAS Section 131 of the Municipal Act S.O. 2001, c.25, as amended,
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
WHEREAS the Council of the Corporation of the Township of Ear Falls
deems it necessary and expedient to provide for the maintaining of land in a
clean and clear condition;
NOW THEREFORE Council of the Corporation of the Township of Ear Falls
HEREBY ENACTS AS FOLLOWS:
Definitions
1.
As used in this By-Law, the following terms shall have the meanings
indicated:
1.1
"Title"
This By-Law may be cited as the "Property Maintenance By-
Law".
1.2
"Scope"
This By-Law shall apply to all land within the Township of Ear
Falls non-residential and vacant land.
1.3
"By-Law Enforcement Officer"
A By-Law Enforcement Officer of the Corporation of the
Township of Ear Falls.
1.4
"Municipality"
The Corporation of the Township of Ear Falls.
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By-Law No. I l 7 k -05
Page 2
1.5
"Inoperative Motor Vehicle"
A motor vehicle which is not operative or which is not currently
licenced pursuant to the provisions of The Highway Traffic Act
(Ontario) and amendments thereto, or a motor vehicle, which has
had part or all of its superstructure or sources of motive power
removed.
1.6
"Land"
Includes yard or vacant lot.
1. 7
"Motor Vehicle"
Includes an automobile, motorcycle, and any other vehicle
propelled or driven otherwise than by muscular power.
1.8
"Owner"
An owner, lessee, or occupant of any land in the Municipality.
1.9
"Ref use"
Debris, rubbish, garbage, waste, or material of any kind
whatsoever and without limiting the generality of the foregoing
includes accumulations, littering, remains, trash, discarded or
inoperative mechanical equipment, automotive and mechanical
parts, disused or discarded furniture, garden refuse and
trimmings, paper, cartons, crockery, glass, cans, containers,
earth or rock fill, old or decaying lumber, or material from
construction or demolition projects, domestic, commercial and
industrial waste.
1.10
"Yard"
An open space on the same lot with a main building or structure,
unoccupied and unobstructed from the ground to the sky.
General Provisions
2.
"Conflict"
In the event of any conflict between this By-Law and any other By-Law
of the Municipality, the more restrictive provision shall prevail unless
the context requires otherwise.
3.
"Depositing of Refuse - Hazard"
No person shall deposit or cause to be deposited refuse or objects on any
lands that may create a health, safety or accident hazard.
4.
"Depositing of Snow or Ice"
A.
No person shall deposit or cause to be deposited snow or ice
accumulations on lands that may create a health, safety or
accident hazard.
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By-Law No. l 17 (p - Q5
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B.
No person shall deposit or cause to be deposited snow or ice
from private lands onto public lands.
5.
"Depositing of the Growth of Trees - Other"
Being the owner of private lands, no person shall deposit the growth of
hedges, shrubs, trees or similar growth on such private lands to interfere
with the use of a highway, Municipal sidewalk, or land.
6.
"Grass and /or Weeds Trimmed - Maximum Height"
Grass and/or weeds shall be kept trimmed so as to not exceed 20
centimetres in height. Being the owner of private lands, no person shall
permit the growth of grass and/or weeds on such lands in excess of 20
centimetres in height.
7.
"Storage of Inoperative Vehicles / Parts"
A.
No person shall permit land to be used for the storage of
inoperative motor vehicle(s) or parts thereof except in
accordance with the following:
( 1)
the vehicle and parts are stored in an enclosed building;
(2)
the vehicle and parts are fully and completely covered
with a canvas or similar opaque, weather-resistant
tarpaulin in good repair, in which case no more than one
( 1) such covered vehicle shall be permitted in any yard.
B.
Notwithstanding the above, this section shall not apply to the
storage of motor vehicles and parts, which are reasonably
necessary for the conduct of a bona fide business, lawfully
conducted on the property.
8.
"Depositing of Refuse - Private or Public Lands"
No person shall permit or cause to be permitted the throwing, placing or
depositing of refuse on private land or public lands.
9.
"Exemptions"
Notwithstanding the above, nothing in this By-Law shall be deemed to
interfere with the filling or raising of land with earth or rock fill or with
the disposal of refuse on any lands which have been designated for that
purpose by By-Law of the Municipality.
10.
"Ponding of Storm Water"
All lands shall be graded, filled up or otherwise drained so as to prevent
recurrent ponding of storm water.
11.
"Holes, Pits, Excavations, Trenches - Hazards"
No person shall permit or allow on property owned or occupied by such
person any holes, pits, excavations, or trenches constituting a health or
safety hazard.
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By-Law No. I I 7le - 05
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12.
Penalties; Offences
Enforcement
Any person who contravenes any provisions of Sections 3, 4A, 4B, 5, 6,
7A (1), 7A (2), 7A (2), 8, 10, 11 of this Chapter shall be guilty of an
offence and shall be subject to a fine or penalty of not less than $105.00,
exclusive of costs, and all such penalties shall be recoverable under the
Provincial Offences Act.
13.
THAT this By-Law shall come into force and take effect upon receipt
of final approval from the Province of Ontario Crown Law Office and
the Regional Superior Justice.
ENACTED AND PASSED TIDS 6th DAY OF JULY, 2005 as witnessed by
the Corporate Seal of the Corporation of the Township of Ear Falls and the
hands of its proper Officers duly authorized in that behalf.
READ a First and Second time
this 6th day of July, 2005.
READ a Third time and Finally
Passed this 6th day of July, 2005.
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By-Law No. 117 lo -65
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PART I PROVINCIAL OFFENCES ACT
TOWNSHIP OF EAR FALLS
TITLE: PROPERTY MAINTENANCE BY-LAW
ITEM
COLUMNl
Short Form Wording
1.
(Deposit) (Cause to Deposit) (Refuse) (Object) on lands, create hazard
2.
(Deposit) (Cause to Deposit) (Ice) (Snow) on lands
3.
(Deposit) (Cause to Deposit) (Ice) (Snow) from private land onto public land
4.
Owner of private land, deposit plant growth waste as to interfere with (Highway) (Municipal Sidewalk) (Land)
5.
Owner of private land, fail to keep growth of (Grass) (Weeds) below 20 centimeters in height
6.
Permit storage of inoperative motor vehicle (Parts), not in an enclosed building
7.
Permit storage of inoperative motor vehicle (Parts), not completely covered with opaque tarpaulin
8.
Permit storage or more than one ( 1) covered inoperative motor vehicle (Parts)
9.
Permit (Cause to Permit) deposit of refuse on (Public) (Private) land
10.
Fail to (Grade) (Fill) (Drain) land, as to prevent ponding of water
11.
(Own) (Occupy) land, permit (Hole) (Pit) (Excavation) (Trench) which creates hazard
COLUMN2
Provision Creating
or Definin2 Offence
3
4A
4B
5
6
7A (I)
7A(2)
7A(2)
8
10
11
Note: The 2eneral penalty provision for the offences listed above is section 61 of the Provincial Offences Act, R.S.O. 1990, c. P. 33.
PAGEl
COLUMN3
Set Fine
(includes costs)
$105.00
$105.00
$105.00
$105.00
$105.00
$105.00
$105.00
$105.00
$105.00
$105.00
$105.00
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