Gore Bay, Ontario
· No. 2023-27
· adopted 2023-11-13
· summary & facts
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Clean Yards By-law 2023-27
1
BY-LAW NO. 2023-27
BEING A BY-LAW TO PROVIDE FOR THE MAINTENANCE OF LAND
CLEAN YARD & PROPERTIES BY-LAW
WITHIN THE TOWN OF GORE BAY
OFFICE CONSOLIDATION
The amending by-laws have been combined with the original by-law for convenience only. This
consolidation is not a legal document. Certified copies of the original by-laws should be consulted for
interpretations and applications of the by-laws on this subject. The by-law numbers referenced in this
consolidation refer to the by-laws that amended the principal by-law number 2023-27.
Clean Yards By-law 2023-27
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By-law No.
Date
Details
2024-06
February 12, 2024
Amend Schedule B
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THE CORPORATION OF THE TOWN OF GORE BAY
BY-LAW 2023-27
BEING A BY-LAW TO PROVIDE FOR THE MAINTENANCE OF LAND
CLEAN YARD & PROPERTIES BY-LAW
WITHIN THE TOWN OF GORE BAY
WHEREAS Section 127 of the Municipal Act, S.O. 2001, c 25, as amended, provides that a
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 WHEREAS Section 128 of the Municipal Act, S.O. 2001, c 25, as amended, 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, S.O. 2001, c 25, as amended, provides that a
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 Section 8 through 11 of the Municipal Act, S.O. 2001, c 25, as amended, provide
that a municipality may pass by-laws respecting, waste management and the health, safety and
wellbeing of the inhabitants;
AND WHEREAS Section 426 of the Municipal Act, S.O. 2001, c 25, as amended, provides that no
person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a power
or performing a duty under this Act or under a by-law passed under this Act;
AND WHEREAS Section 446 of the Municipal Act, S.O. 2001, c 25, as amended, provides that
where a municipality has authority by by-law or otherwise, to direct that a matter or thing be done, the
municipality may direct that, in default of it being done by the person required to do it, such matter or
thing be done by the municipality at the person's expense and the municipality may recover the
expense incurred by action or by adding the cost to the tax roll and collecting the cost in the same
manner as taxes;
AND WHEREAS Section 429 of the Municipal Act, S.O. 2001, c 25, as amended, may establish a
system of fines for offences under a by-law of the municipality passed under this Act: designate an
offence as a continuing offence and provide for a minimum and maximum fine for each day or part of
a day that the offence continues; designate an offence as a multiple offence and provide for a minimum
and maximum fine for each offence included in the multiple offence; establish escalating fines for a
second and subsequent conviction for the same offence; and establish special fines in addition to the
regular fines for an offence which are designed to eliminate or reduce any economic advantage or gain
from contravening the by-law.
AND WHEREAS Council desires to pass a by-law:
a) for the maintenance of yards and other properties by owners and occupants
b) prohibiting standing water on lands
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c) prohibiting the keeping of domestic and industrial waste on lands;
d) prohibiting littering and failure to pick up and remove domestic animal feces on
public and private land;
e) regulating the salvage of motor vehicles and their components with the intent of
promoting proper recycling and reuse of resources, the limiting of waste and
wasteful practices, the limiting or eliminating of nuisances, particularly from waste
and naturalized areas to other properties in the municipality, and the limiting and
eliminating of other unhealthy practices and conditions arising from litter, refuse,
neglect or standing water.
NOW THEREFORE the Council of The Corporation of the Town of Gore Bay hereby enacts
the following:
SECTION I - DEFINITIONS
In this by-law:
1.1 "Agricultural Operation" means an agricultural operation as defined by the Farming
and Food Protection Act, S.O. 1998, c.1 as amended;
1.2 "Chief Building Official" means the Chief Building Official appointed by Council
under the Building Code Act, S.O. 1992, c 23, as amended, or the person who is appointed
to act in that capacity during his or her absence;
1.3 "Continuing Offence" means an offence that continues to occur by the half/hour,
hourly, daily, or for a partial day;
1.4 "Control" means the person in charge of a domestic animal at the time its drops its
feces;
1.5 "Debris" shall mean, but is not limited to, garbage, rubbish, refuse or wrecked,
decayed, dilapidated, or inoperative motor vehicles, vehicles or machinery and parts
thereof;
1.6 "Domestic Animal" means a dog, cat, horse or other animal which is generally
understood to be domesticated;
1.7 "Domestic Waste" means any debris, rubbish, refuse, sewage, effluent, discard or
garbage arising from residential household use, belonging to or associated with a house or
use of a house or residential land, which for greater certainty includes all garbage,
discarded material or items, broken or dismantled items, and materials or items exposed
to the elements, deteriorating or decaying on land due to exposure or the weather, and for
even greater certainty "domestic waste" includes but is not limited to the following classes
of material regardless of the nature or condition of the material, article or thing:
a) Broken or torn bits of twigs, splinters or rags, tree cuttings or cut limbs and
brush from any shrub or tree, and waste lumber, excepting only cut and
stacked;
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b) Paper, paper cartons, and other paper products;
c) Rotting vegetable matter, or rotting animal matter;
d) Disconnected appliances, including refrigerators, stoves, freezers, or any part
or parts of such items;
e) Furnaces or furnace parts, ducting, pipes, fittings to pipes and wire;
f) Water or fuel tanks;
g) Inoperative machinery, inoperative motor vehicles, and parts or accessories
of such items including tires, building or construction materials, other than
those on site for ongoing construction;
h) Accumulations of broken concrete or asphalt pavement, brick pavers,
sidewalk slabs and used building materials;
i) Materials resulting from the alteration, repair or demolition of any building or
structure;
j) Sewage;
k) Containers such as crockery, dishes, glassware, pots and pans and cans.
1.8 "Domestic Waste" as defined in this by-law does not cease to become domestic waste
by reason only that it may be commercially saleable or recyclable.
1.9 "Highway" means a common or public highway and includes a street, boulevard, sidewalk
and a bridge forming part of a highway:
1.10 "Industrial Waste" means any debris, rubbish, refuse, sewage effluent, discard, or
garbage of a type arising from industrial, manufacturing, commercial, or construction
operations or belonging to or associated with an industry or commerce or industrial or
commercial land, which for greater certainty includes all garbage, discarded material or
items, broken or dismantled items, and due to exposure to the weather, and for even
greater certainty "industrial waste" includes but is not limited to the following classes of
material regardless of the nature or condition of the material, article or items:
Debris, discarded items or matter, or effluent which in whole or in part are derived from
or are constituted from or consist of,
i. Animal or vegetable matter, paper, lumber, or wood; or
ii. Mineral, metal or chemicals, or fill contaminated with petrochemical or petroleum
products;
a) Piles of miscellaneous plastic, wood, or metal parts, or combinations of such
materials;
b) Automotive parts not packaged for immediate shipment, inoperative vehicles,
vehicle parts, inoperative mechanical equipment, mechanical parts, accessories
or adjuncts to the vehicle, and mechanical equipment not contained in a legal
salvage yard;
c) Piping, ducting tubing conduits, cable, wire, and fittings or related accessories
with or without adjuncts, and not packaged for immediate shipment;
d) Material resulting from or as part of construction, demolition, repair, or renovation
projects including debris and leftovers;
e) Rubble or fill;
f) Sewage;
g) Ashes;
h) Dust emanating from the operation of the enterprise;
i) Broken bricks, concrete, or asphalt.
Industrial Waste as defined by this by-law does not cease to be industrial waste reason only that
it may be commercially saleable or recyclable.
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1.11 "Lagoon" means a Ministry of Environment approved waste stabilization pond
consisting of an earthen basin designed and built for wastewater treatment to reduce
the organic content and remove pathogens from wastewater.
1.12 "Multiple Offence" means an offence in respect of two or more acts or
omissions each of which separately constitutes an offence and contravention of the
same or separate provisions of a by-law;
1.13"Municipality" means the Corporation of the Town of Gore Bay;
1.14 "Municipal Law Enforcement Officer" means the officer in charge of the By-
law Enforcement of the Corporation of the Town of Gore Bay his or her authorized
subordinates or assistants;
1.15 "Naturalized Area" means land or a portion of lands covered by vegetation which is
landscaped and maintained with a variety of flowers or plants, with or without grasses, or
left to grow a variety of indigenous plants;
1.16 "Occupant" means any person or persons over the age of 18 years in possession of
the land;
1.17 "Officer" means a municipal law enforcement officer, a building inspector, a fire
prevention officer, a fire fighter, a health inspector, a weed inspector appointed under the
Weed Control Act or any other person appointed or employed by the municipality for the
enforcement of by-laws and includes a peace officer;
1.18 "Owner" includes:
a) Both the owner in trust and the 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 word is used, whether on the person's own account or as
agent or trustee of any other person, who would receive the rent if the land and
premises were let; and
c) A lessee or occupant of the land who manages or controls the condition of the land;
d) A person who possesses or harbours a domestic animal and "owns" and 'owned" has a
corresponding meaning;
1.19 "Person" means an individual, firm, corporation, association or partnership.
1.20 "Public Property" means any real property owned or under the control and
management of the Town of Gore Bay and includes a highway;
1.21 "Refuse" means any article, thing, matter, substance, or effluent that:
a) Has been cast aside, discharged, or abandoned, or
b) Is disused from its usual and intended use, or
c) Is used up, in whole or in part, or expanded or worn out, in whole or in part; and
d) Shall include domestic and industrial waste;
1.22 "Residential property" means any lands or portion thereof which are appurtenant to
and used or associated with a dwelling;
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1.23 "Sewage" includes any liquid waste containing human, vegetable or mineral matter,
waste that is in suspension whether domestic or industrial or any other waste whether in
suspension or precipitated, but does not include roof water or storm run-off;
1.24 "Standing Water" means any water on property other than:
a) A natural, moving body of water that exists on a permanent basis;
b) A body of water that is maintained in such a way so as to prevent the breeding of
and/or larvae growth of mosquitoes, through the operation of a re-circulation and
filtration system and/or the additive of an approved substance that will prevent the
breeding of and/or larvae growth of mosquitoes;
c) Any body of water containing live fish;
d) Any body of water natural to its surrounding environment including natural ponds,
bogs, marshes and wetlands;
e) Any body of water within a municipally owned storm water management or lagoon
facility; and;
f) Any body of water contained for less than four (4) days.
1.25 "Turf Grass" means ground cover comprised of one or more species of growing grass
with or without trees, shrubbery or maintained planting beds for other vegetation;
1.26 "Used Motor Vehicles" means a motor vehicle other than a motor vehicle that
has visual proof of current validation and is operative and driven on a regular basis;
1.27 "Vehicle" includes a motor vehicle, trailer, boat, motorized snow vehicle and any
mechanical equipment designed to be drawn, propelled or driven by any type of power,
including muscular power;
1.28 "Weeds" means a noxious weed designated by or under the Weed Control Act,
R.S.O. 1990, c. W5, as amended, including any weed designated as a local or noxious weed under
a by-law of the municipality passed under that Act
SECTION II - LAND MAINTENANCE
2.1 All property owners shall maintain and keep trimming their lawns, hedges,
and bushes. No person shall allow grass to exceed 8" in height.
a)
All properties shall be kept clear of debris, domestic waste or industrial waste
and no person shall dump, throw, place, or deposit any debris, refuse, domestic
waste or industrial waste material on any private property or cause such material to
remain thereon without prior written consent of the property owner.
b)
No person shall dump, throw, place, or deposit any waste material, refuse or
debris on any property belonging to the Municipality without prior written
approval of the Council or the Municipality.
c)
No person shall cause or permit or allow any snow or ice to be dumped, thrown,
placed, pushed, or deposited onto any property within the municipality without prior
written authorization from the Municipality/owner/occupant of such property.
d)
No person shall leave dead, diseased, decayed, or damaged trees on any
property;
e)
No person shall leave land or any property in a state that attracts
injurious insects, rodents, or vermin of any type;
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2.2 Sections 2.1 (a) and (e) shall not apply to properties that have a
General Industrial (M1), Rural (RU), Future Development (FD) zoning,
or to undeveloped Multiple Residential (R2) zoned properties.
SECTION III - MOTOR VEHICLE SALVAGE
3.1
a) No person shall store or keep inoperative, unlicensed vehicles, vehicles
without visual proof of current validation, boats, trailers or aircraft or any other
mechanical equipment or waste material in such manner that might create a
fire, accident, health hazard, or unsightly appearance.
b) No person shall use any land within the municipality for storing used motor
vehicles for the purpose of wrecking or dismantling them or salvaging parts
thereof for sale or other disposal including the purposes of repair of other
vehicles.
c) Section 3 (a) and (b) does not apply if:
(i) zoning by-law permits the land to be used as an automotive recycling facility;
and
(ii) the Owner or Occupant holds current validation on the vehicle issued by
the Ministry of Transportation.
d) No person shall store a vehicle, boat, trailer, recreational vehicle on an area not
properly surfaced/covered to accommodate same
SECTION IV - DOMESTIC AND INDUSTRIAL WASTE
4.1
a) Every owner or occupant of land shall keep the land free of all
Domestic Waste. No person shall allow domestic waste to
accumulate on any land;
b) Every owner or occupant of land shall keep the land free of all
Industrial Waste. No person shall allow industrial waste to
accumulate on any land;
c) No person shall use any land or structure within the
municipality for dumping or disposing of Domestic Waste or
Industrial Waste.
d) Section 4 (c) does not apply to:
i) land or structures used by the municipality for the purpose of dumping or
disposing of Domestic or Industrial Waste.
ii) land designated by by-law of the municipality or other municipal authority for
the purpose of dumping or disposing of Domestic or Industrial Waste.
e) the owner of land on which Domestic or Industrial Waste has been thrown,
placed, dumped or deposited shall immediately clean and clear the land of
the waste material.
SECTION V - STANDING WATER
5.1
a) Every owner or occupant of land shall keep the land free of Standing Water. No
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person shall allow free standing water to accumulate on any land;
b) Every owner or occupant of land shall keep the land free of containers or debris
capable of holding standing water in such a manner as to be exposed to the
breeding of and/or larvae growth of insects. No person shall allow any free
standing water to gather in any container, or debris capable of holding water in
such a manner as to be exposed to the breeding of or larvae growth of insects;
c) Every owner or occupant of land shall ensure that a swimming pool, hot tub,
wading pool, or artificial pond is maintained in proper operating condition, and
in good repair.
SECTION VI - APPLIANCES
6.1
a) All refrigerators, freezers or similar appliances which are stored or left on
porches, decks, or in any rear yard, side yard or similar areas shall not have a
self- locking or self-latching device and shall be:
i) in working order;
ii) secured with an external locking device; and/or
iii) locked at all times except when actually being used and supervised.
b) Refrigerators, freezers or similar appliances which are placed out for disposal shall
have removed all doors including all sliding, swinging, spring loaded and pull-to-
open doors or doors should be secured such that they cannot be opened without the
aid of a tool.
SECTION VII- DOMESTIC ANIMALS
7.1
Any person who owns or controls a domestic animal shall remove and dispose of any feces
left by such domestic animal on a highway or any other public or private property in the
Town of Gore Bay. No person shall leave any feces left by a domestic animal on a
highway or any other public or private property in the Town of Gore Bay;
Failure to promptly remove and dispose of any feces shall be deemed to be a breach of this
by-law.
SECTION VIII - ORDERS
8.1
a) The Municipal Law Enforcement Officer may make an order that shall be
served on the owner of the property and such other persons affected by it as
the officer determines as described in the Ontario Building Code Act as
amended requiring the owner or occupant within the time specified in the
order to:
i)
clean and clear up the land and bring the land into compliance with any
section of this by-law; and/or
ii)
remove or dispose of Standing Water on land including draining, filling
of excavations and depressions in which standing water has or may
collect, the screening or netting of containers or debris so as to
prevent the breeding of mosquitoes; and/or
iii)
clean, clear or remove from the land or structure any or all garbage,
refuse fill, inoperative motor vehicles, sewage, long grass (longer than
8"), weed, appliances or domestic or industrial waste of any kind;
b) Where an owner or occupant fails to comply with an order issued under this
by- law within the time specified for compliance, the officer, with assistance
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by others as required and upon reasonable notice, may use one of the
following methods as required:
(i)
clean or clear up a property and bring it into compliance with any
section of this by-law;
(ii)
remove or dispose of standing water on land including draining, filling
of excavations and depressions in which standing water has or may
collect, the screening or netting of containers or debris so as to prevent the
breeding of mosquitoes;
(iii)
clean, clear or remove from the land or structure any or all garbage,
refuse, fill, sewage, inoperative motor vehicles, long grass (longer than
8"), weeds, appliances or domestic or industrial waste of any kind; or
(iv)
remove used motor vehicles and other machinery, and any parts, stored
for the purpose of wrecking or dismantling the materials or the salvaging
parts thereof for sale or other disposal.
c) Upon completion of the work, repairs or demolition by or on behalf of the
Municipality, the municipality shall have a lien on the land for the amount
spent on the repair or demolition, and the amount shall be deemed to be
municipal real property taxes and may be added by the Clerk of the
Municipality to the tax roll and collected in the same manner and with the
same priority as municipal real property taxes as provided for by statute.
SECTIONS IX - OFFENCES
9.1
a) Every person who contravenes any provision of this by-law, is guilty of an
offence and upon conviction is liable to the penalties prescribed under the
Provincial Offences Act, R.S.O. 1990, c P 33, as amended.
Every person who contravenes sections 4 (a), (b), (c) and (d),5 (a),7(a), and 9
(c) of this by-law is guilty of an offence, and upon conviction is subject,
pursuant to Part III of the Provincial Offences Act, to a fine of not more than
$10,000 for a first Offence and $25,000 for any subsequent offence of such
subsections.
b) Where a corporation is convicted of an offence under sections 4 (a), (b), (c)
and (d) of this by- law, the maximum penalty that may be imposed on the
corporation is $50,000 for a first offence and $100,000 for any subsequent offences
of such subsections.
c) No person shall hinder or obstruct an Officer, appointed under this by-law
or employed to enforce this by-law, from carrying out an inspection of
lands, nor shall any person obstruct any employee or agent authorized to
carry out the work for the municipality in an order issued hereunder.
SECTION X - VALIDITY
10.1
a) Should a court of competent jurisdiction declare a part or whole of any provision
of this bylaw to be invalid or of no force and effect, the provision or part is
deemed severable from this bylaw, and it is the intention of Council that the
remainder survive and be applied and enforced in accordance with its terms to
the extent possible under the law so as to protect the public by ensuring a
minimum standard for maintenance and occupancy is maintained.
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b) Where a provision of this by-Law conflicts with the provision of another by-law in force
within the municipality, the provisions that establish the higher standards to protect
the health, safety and welfare of the public shall prevail.
SECTION XI - ENACTMENT
11.1
a) This by-law shall be known as the "Clean Yard and Properties By-law".
b) Section 3.2 to Section 3.3.3 of By-law 2020-22 (Property Standards By-law) and
any and all by-laws on the same subject matter which is inconsistent with this
by-law are hereby repealed.
c) The attached Schedule "A" and Schedule "B" form part of this By-law.
READ A FIRST, SECOND, AND THIRD TIME AND FINALLY PASSED THIS 13th DAY OF NOVEMBER,
2023.
........................................
MAYOR
........................................
CLERK
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SCHEDULE "A" of BY-LAW 2023-27
CLEAN YARD & PROPERTIES POLICY
All property owners are required to maintain their property according to standards set in the
"Clean Yard & Properties By-law", including owners of rental residential properties. (This is
unless there is a specific agreement between the property owner and the lessee or occupants
that assigns maintenance of the property.)
The By-law Enforcement Officer will act not only on written complaints but will use a
common-sense approach to the application of the clean yard & properties by-law. Those
participating in "No Mow May" are exempt for the month.
When a complaint is received, an Officer will investigate to determine if a violation exists.
This by-law will not be used to resolve issues between neighbors. If a violation is found, the
officer can issue an Order advising the owner of the violation and requiring that it be remedied
within a specified time period.
In view of the fact that the Town of Gore Bay has many diverse properties such as urban
areas, waterfront residential, waterfront commercial, farmland, and rural residential,
enforcement will have to be done with some discretion taking into consideration the
complainant, the geographic location of the property in question, the size of the property in
question (farmland versus urban lot), the condition of the adjacent properties, and the effect of
the infraction on adjacent properties and the general well-being of the residents of the area,
and the Municipality. As the complaints and the investigations become more numerous, past
practice data as well as the consistent application of the policy will become more evident and
will act as a guide in the application of the by-law.
If you are a tenant that has concerns regarding ill-maintenance of your home or apartment
building, first advise the landlord of your concerns in writing. This gives the landlord an
opportunity to address the issue. If these concerns are not adequately addressed, register a
complaint with the By-law Enforcement officer.
This information is for convenience and quick reference only. For specific
information, contact the By-law Enforcement Office
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SCHEDULE "B" of BY-LAW 2023-27
THE CORPORATION OF THE TOWN OF GORE BAY
By-law Number 2023-27 Clean Yard & Properties By-Law
PART I, Provincial Offences Act
Items Column 1
Short Form Wording
Column 2
Provision creating or
defining offence
Column
3 Set
Fine
1.
Allow grass to exceed 8" in height.
2.1
$80
2.
Throw/place/deposit waste material refuse on private
property without the written consent of the property
owner
2.1
a)
$350
3.
Throw/place/deposit waste material refuse on
Municipal property without the written consent from
the Municipality
2.1
b)
$350
4.
Throw/place/deposit snow ice on a property without
the written consent of the property owner occupant
2.1
c)
$150
5.
Leave dead, diseased, decayed or damaged trees
on any property
2.1
d)
$250
6.
Leave property free from injurious insects, rodents,
vermin, termites
2.1
e)
$150
7.
Fail to store/keep inoperative/unlicensed
vehicles/vehicles with visible current
validation/boat/trailers/aircraft/mechanical equipment
in a manner that might create fire/accident/health
hazard/unsightly appearance
3.1
a)
$450
8.
Store used vehicles for
wrecking/dismantling/salvaging parts for
sale/disposal
3.1
b)
$450
9.
Store a vehicle/boat/trailer/recreational vehicle on an
area not properly surfaced/covered
3
.1
d)
$350
10. Fail to maintain land free from domestic waste
4.1
a)
$350
11. Fail to maintain land free from industrial waste
4.1
b)
$450
12. Using any land or structure within the municipality
for dumping or disposing of Domestic Waste or
Industrial Waste.
4.1
c)
$500
13. Fail to maintain land free from standing water
5.1
a)
$150
14. Fail to remove and dispose of feces
7.1
$150
15. Hinder or obstruct an officer
9.1
c)
$125
Note: The penalty provision for the offences indicated above is section 9.1 of this By-
Law No. 2023-27 of which a certified copy has been filed.