East Zorra-Tavistock, Ontario
· adopted 2008-08-06
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THE CORPORATION OF THE
TOWNSHIP OF EAST ZORRA-TAVISTOCK
COUNTY OF OXFORD
BY-LAW # 2008-37
BEING a By-law to prohibit nuisances in the Township of East Zorra-Tavistock.
WHEREAS, the Municipal Act, S.O. 2001, c. 25, Section 8, provides that a municipality
has the capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under the Act;
AND WHEREAS, the Municipal Act, S.O. 2001, c25, Section 9, provides that Sections 8
and 11 shall be interpreted broadly so as to confer broad authority on municipalities to
(a) enable municipalities to govern their affairs as they consider appropriate and, (b)
enhance their ability to respond to municipal issues;
AND WHEREAS, the Municipal Act, S.O. 2001, c. 25, Section 127, provides that
Council may prohibit the depositing of refuse or debris on the land without the consent
of the owner or occupant of the land;
AND WHEREAS, the Municipal Act, S.O. 2001, c. 25, Section 128, provides that a local
municipality may prohibit and regulate with respect to public nuisances, including
matters that, in the opinion of Council are or could become public nuisances;
AND WHEREAS Council deems the items set out in this by-law to be or could become
public nuisances;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
EAST ZORRA-TAVISTOCK ENACTS AS FOLLOWS:
1. DEFINITIONS
1.1 For the purposes of this By-law, the following definitions shall apply:
1.1.1.
"Township" shall mean the Corporation of the Township of East Zorra-
Tavistock.
By-law #2008- 37
Public Nuisance Bylaw
Page 2
1.1.2.
"Shall" is mandatory and not directory; words in the singular include
the plural; words in the plural include the singular; words in the present
tense include the future, or past tense.
1.1.3.
"Foul" or "Fouling" shall mean and includes spitting, urinating,
defecating or other act of defacing property.
1.1.4.
"Highway" shall mean a common and public highway, street, avenue,
parkway, driveway, square, place, bridge, viaduct or trestle, any part of
which is intended for or used by the general public for the passage of
vehicles and includes the area between the lateral property lines
thereof.
1.1.5.
"Nuisance" shall mean any action or activity that creates a disturbance
to residents of the Township and shall include activities such as
spitting, defecating, urinating, fighting, swearing, using profane or
obscene language, impeding or molesting persons, obstructing the
movement of persons, causing or allowing excessive noise and
damaging, defacing or vandalizing property.
1.1.6.
"Pedestrian Way" shall mean that portion of the highway designed for
the passage of persons and includes that part of the road where
pedestrians have priority over traffic.
1.1.7.
"Person" shall mean and include any individual, corporation,
partnership, company, association or party and the heirs, executors,
administrators, or other legal representative of such person, to whom
the context can apply according to law; shall include any group of
persons comprising a society or other organization and shall include
the plural wherein the context requires.
1.1.8.
"Roadway" shall mean that part of the highway that is improved,
designed and ordinarily used for vehicular traffic, but does not include
the shoulder, and where a highway has two or more separate
roadways, the term "roadway" refers to any one roadway separately
and not to all of the roadways collectively.
1.1.9.
"Sidewalk" shall mean that portion of the Township right-of-way that is
intended or used by the general public for the passage of persons,
including a boulevard.
1.1.10.
"Water feature" includes rivers, lakes, streams, creeks, storm water
management ponds, locks, reservoirs, estuaries, swales, man made or
natural streams, man made ditches, and other geographical features
containing water at some time during the year but does not include
private or municipal swimming pools or decorative man made, self-
contained garden ponds on private residential property.
By-law #2008- 37
Public Nuisance Bylaw
Page 3
2. NUISANCE
2.1 No person shall commit any act defined as a nuisance as set out in "Schedule A"
attached hereto and forming part of this by-law.
3. ENFORCEMENT
3.1 The provisions of this by-law shall be enforced by a Township By-law
Enforcement Officer, Police Officer, Peace Officer, or other individual duly
appointed for the purpose of enforcing this by-law.
4. PENALTY
4.1 Any person who contravenes any of the provision of this by-law is guilty of an
offence and upon conviction is liable to a fine or penalty for each offence
established pursuant to the Provincial Offences Act, R.S.O. 1990, c. P33 and
included within Schedule "B" forming part of this by-law.
4.2 Each day of contravention shall be a separate offence.
5. GENERAL PROVISIONS
5.1 This by-law shall be called "The Public Nuisance By-law".
5.2 This by-law shall come into force and effect on the final passing thereof.
5.3 Bylaw #27-77 is hereby repealed.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6th DAY OF
AUGUST, 2008.
Don McKay, Mayor
seal
Jeff Carswell, Clerk
By-law #2008- 37
Public Nuisance Bylaw
Page 4
Schedule A
Acts defined as a nuisance:
1. Causing, creating or permitting a nuisance to exist or occur on public or private land.
2. The throwing, dropping, placing, or otherwise depositing of garbage, paper, paper or
plastic products, cans, rubbish, or other debris on any Township property including
but not limited to vacant or other lands owned by the Township, highways,
roadways, sidewalks, pedestrian ways, water features, or boulevards, unless
authorized by the Township.
3. The throwing, dropping, placing, or otherwise depositing of garbage, paper, paper or
plastic products, cans, rubbish, or other debris on any private property not owned by
such person, unless so authorized by the private property owner.
4. The fouling or permitting of the fouling any vacant or other lands owned by the
Township, a highway, roadway, sidewalk, pedestrian way, water feature or
boulevard by any person.
5. The fouling or permitting the fouling any vacant or other lands owned privately,
committed by any person.
6. The blocking, interference with or otherwise causing impediment the passage of any
pedestrian on any Township sidewalk or other Township pedestrian-way, or portion
thereof, unless they are the owner or driver of an emergency vehicle as defined
within the Highway Traffic Act and/or a vehicle engaged in works undertaken for or
on behalf of the Township of East Zorra-Tavistock, area municipalities, public utilities
and an ambulance as defined within Section 61 of the Highway Traffic Act.
7. Place graffiti on walls, fences or elsewhere, or on adjacent to, a highway or other
public place.
By-law #2008- 37
Public Nuisance Bylaw
Page 5
Schedule B
Part I Provincial Offences Act
Item
Short form wording
Provision
Creating or
Defining Offence
Set Fine
1.
Causing, creating or permitting a
nuisance to exist or occur on public or
private land.
S. 2.1 Sch. A(1)
$50
2.
Depositing garbage on Township
property unless authorized.
S. 2.1 Sch. A(2)
$50
3.
Depositing garbage on private property
unless authorized.
S. 2.1 Sch. A(3)
$50
4.
Fouling lands owned by the Township.
S. 2.1 Sch. A(4)
$50
5.
Fouling vacant or other lands owned
privately.
S. 2.1 Sch. A(5)
$50
6.
Interference with the passage of any
pedestrian.
S. 2.1 Sch. A(6)
$50
7.
Placing graffiti on walls, fences or
elsewhere.
S. 2.1 Sch. A(7)
$50
Note: The general penalty provision for the offences cited above is Section 4.1 of By-
law #2008-37, as amended, a certified copy of which has been filed.
Set Fines approved September 23, 2008 by
Ontario Court of Justice.