Clean Yard By-law 2024-026 — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot f6a71c93392a · verified 2026-06-09 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## Corporation of the Township of Havelock-Belmont- Methuen ## By-law Number 2024-026 Being A By-Law Respecting Litter, Yard Waste and The Maintenance of Property (Clean Yard) WHEREAS Section 127 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a local municipality may require an 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; to regulate when and how such matters shall be done; to prohibit depositing of refuse or debris on land without the consent of the owner or occupant of the land; and to define refuse; AND WHEREAS Section 128 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, 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 Section 131 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may prohibit and regulate the use of any land for the storage of motor vehicles for the purpose of wrecking or dismantling them or salvaging parts from them for sale or other disposition; AND WHEREAS Section 11 (2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended provides that a municipality may pass by-laws subject to the rules set out in subsection (4) respecting health, safety and the well being of persons; AND WHEREAS Section 446 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that where a municipality has authority under the Municipal Act or any other Act or under a by-law made under the Municipal Act or any other Act to direct or require a person to do a matter or thing, the municipality may also provide that, in default of it being done by the person directed to do it, the matter or thing shall be done 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 them in the same manner as property taxes; NOW THEREFORE the Council of the Corporation of the Township of Havelock-BelmontMethuen enacts as follows: ## Section 1 General Provisions ## I. Short Title This By-Law shall be known as the "Clean Yards By-Law". ## 1.2 Definitions ## 1.2.1 In this By-Law: - a) "Agriculture" shall mean general farming uses and without limiting the generality of the foregoing, shall include the general cultivation of land and associated production, conditioning, processing and storage of field crops, the wholesaling of vegetables, fruit, horticultural and nursery stock, the breeding and care of livestock, fur-bearing animals, bees, and the selling of such stock or products produced on the premises, and the production and wholesaling of forest products including fuel wood, pulp wood timber, trees and maple products. It shall occur on lands that are zoned for such use or meets the requirements of legal non-conforming use to permit agriculture. - b) "AMP" shall mean an Administrative Monetary Penalty System established by a designated by-law. - b) "Dwelling" shall mean a building containing rooms which function as a housekeeping unit used or intended to be used as a domicile by one or more persons; containing cooking, eating, living, sleeping and sanitary facilities. - c) "By-law Enforcement Officer" shall mean a Provincial Offences Officer, or other person appointed or employed by the Corporation of the Township of Havelock-Belmont and Methuen for enforcement of By-Laws. - d) "Domestic Waste" shall mean any waste, litter, debris, rubbish, refuse, sewage, effluent, discard, or garbage of a type arising from a residence, belonging to or associated with a house or residential property and without limiting the generality of the foregoing includes a motor vehicle that appears by reason of its age, appearance, mechanical condition or lack of license plates to be inoperative, inoperative mechanical equipment, automotive and mechanical parts, disused furniture, old clothing, garden refuse, earth or rock fill, broken concrete, asphalt pavement, brick pavers and sidewalk slabs, old or decayed lumber, discarded material from construction or demolition projects and other vehicles, machinery equipment, materials or structures apparently disused in their existing location. 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. - e) "Excessive Growth of Grass and Weeds" shall mean grass and / or weeds which have grown to a height so as to be inconsistent with the surrounding environment or in excess of 8 inches (20 centimetres). - f) "Indoor Furniture" shall mean and include any furniture intended for and made of such material that would require the furniture by sheltered from the natural elements such as rain and snow and shall include but not be limited to items such as couches, sofas, love seats, fabric covered chairs, pillows and cushions, mattresses and box springs. - g) "Industrial Waste" shall mean debris, rubbish, refuse, sewage, effluent, discard or garbage of a type arising from industrial or commercial operations, or belonging to or associated with industry or commerce or industrial or commercial property, and without limiting the generality of the foregoing includes all garbage, debris, discarded material or things, broken or dismantled things, a motor vehicle that appears by reason of its age, appearance, mechanical condition or lack of license plates to be inoperative, inoperative mechanical equipment, automotive and mechanical parts, disused furniture, old clothing, garden refuse, earth or rock fill, broken concrete, asphalt pavement, brick pavers and sidewalk slabs, old or decayed lumber, material from construction or demolition projects and other vehicles, machinery equipment, materials or structures apparently disused in their existing location. Industrial waste as defined in this By-Law does not cease to become industrial waste by reason only that it may be commercially saleable or recyclable. - h) "Last Known Address" shall mean the address which appears on the last revised assessment rolls of the Corporation of the Township of Havelock-Belmont-Methuen. - i) "Municipality" shall mean the Corporation of the Township of Havelock-BelmontMethuen. 4. "Municipally Owned Lands" shall mean the property owned or maintained by the Corporation of the Township of Havelock-Belmont-Methuen shown on the last revised assessment roll and shall include all municipal road allowances and rights of way, 5. "Noxious Weed" shall mean a species of weed designated by or under the Weed Control Act, , R.S.O. 1990, c. W.5, as a noxious weed; - 1) "Occupant" shall mean any person or persons over the age of 18 years in possession of the property; - m) "Order" shall mean any notice of non-compliance issued under this By-law; - n) "Owner" shall mean the person who has vested the ownership, dominion or title of property and includes his or her agent, administrator or assignee; - o) "Person" shall mean and include an individual, firm, corporation, association or partnership and includes an occupant or an owner of a property; - p) "Property" shall mean any grounds, yard or vacant land; - 9) "Refuse" shall mean and include all matter of waste, debris and sewage as C provided for or defined in this By-Law but does not include a building or buildings on a property, but does include parts or pieces of such structures on the property that are dismantled or are rubble, or which have become detached from a building, whether by construction, demolition, damage or deterioration and any article, thing, matter, substance or effluent that: - i. has been cast aside, discharged or abandoned, or - ili. is used up, in whole or in part, or expanded or worn out, in whole or in part; and - ii. is disused from its usual and intended use, or - iv. shall include domestic waste and industrial waste. 5. г) "Standing Water" shall mean any water on a property other than: - i. a natural moving body of water that exists on a permanent basis; - ii. a body of water that is maintained in such a way so as to effectively prevent the breeding of and/or larvae growth of mosquitoes, such as 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; - ili. any body of water containing live fish or amphibians which are habitually present; - v. any body of water within a municipally owned storm water management facility; - iv. any body of water natural to its surrounding environment including natural ponds, bogs, marshes and wetlands; - vi. any body of water contained for less than four (4) days - vii. any body of water due to seasonal flooding that is beyond the control of the property owner. - s) "Vacant Lands" shall mean lands with no building(s) or having no land uses established; - t) "Vehicle" shall include an automobile, truck, bus, motorcycle, motor assisted bicycle, traction engine, farm tractor or farm machinery, road building machine, construction vehicle, bulldozer, backhoe, excavator, grader, asphalter, earth mover, compactor, crane, lift, skid steer, generator, welder, street car or other vehicle running only upon rails, motorized snow vehicles, off road vehicle, trailer, boat, bicycle, or any vehicle drawn, propelled or driven by any kind of power, including but not limited to mechanical power, muscular power, wind power or solar power; 15. "Vehicle Parts" shall mean and include any component or element, whether operable or not, used in the assembly, construction, maintenance or repair of a vehicle; 16. "Watercourse" shall mean an identifiable depression in the ground in which a natural flow of water occasionally, regularly or continuously flows, even if the bed is sometimes dry, and even if the banks are sometimes overflowed or submerged; - w) "Yard" shall mean land, other than publicly owned land, around and appurtenant to the whole or part of a building (and used, or capable of being used in connection with the building) and may include a paved area used for the parking of vehicles. ## 1.3 Interpretation - 1.3.1 In this By-Law statutory references are to statutes of Ontario and the regulations made thereunder and shall be deemed to refer to such statutes and regulations as amended, consolidated, re-enacted and in force from time to time. - 1.3.2 This By-Law shall be read with all changes of gender and number required by the context or circumstances. ## 1.4 Exemption - 1.4.1 The provisions and regulations of this By-Law do not apply to materials or equipment directly related to construction works on lands on which construction is actively proceeding in accordance with a permit issued pursuant to the Building Code Act. - 1.4.2 This By-Law does not apply so as to prevent a farm, meeting the definition of "agricultural operation" under the Farming and Food Production Protection Act, 1998, S.0. 1998, c.I, from carrying out a normal farm practice for and defined under that Act. ## SECTION 2 - Applicable Provisions ## 2.1 Maintenance of Property - 2.1.1 Every owner shall keep the vegetation on their property clean and cleared-up. - 2.1.2 For the purpose of article 2.1.1, "clean" or "cleared-up" shall mean: - the cutting of grass so that its height is maintained so as to be consistent with the surrounding environment. - ii. that noxious weeds be removed from a property when they affect neighbouring properties and the public. ## 2.2 Standing Water - 2.2.1 Every owner shall keep the land free of standing water. - 2.2.2 Every owner 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. - 2.2.3 Every owner shall ensure that any swimming pool, hot tub, wading pool, or artificial pond is maintained in proper operating condition, and in good repair. - 2.2.4 Every owner shall ensure that land is free and clear of excavations capable of holding standing water. ## 2.3 Litter - 2.3.1 No person shall throw, place or deposit refuse and/or other debris or cause or permit debris to be thrown, placed or deposited on private land without the written authority of the owner or occupant of the land. - 2.3.2 No person shall throw, place or deposit refuse and/or debris on land owned or occupied by the Municipality without the written authorization of the Municipality. - 2.3.3 A person does not breach articles 2.3.1 and 2.3.2 by placing garbage out for collection on their property in accordance with the County of Peterborough and the Township of Havelock-Belmont-Methuen By-Laws and collection schedules, but no person shall leave out garbage contrary to such By-Laws or schedules. - 2.3.4 Every owner shall clean or clear exterior walls of any building or structure on the land and their components so as to be free of posters which are for giving of notice for an event that has already occurred, or where the message contained is not readable due to damage or deterioration to the poster or its content, or where the posters are loosened, dislodged, torn or otherwise in a condition that may permit them to detach and become litter. - 2.3.5 Every owner shall clean or clear exterior walls of any building or structure on the land and their components so as to be free of graffiti drawn, etched, painted, engraved, or otherwise marked on such wall or building or structure. - 2.3.6 Pursuant to the Municipal Act, S.O. 2001, c.25 as amended, the cost of removal of posters by the Municipality is collectable against the owner of the advertising device under the terms of the Municipal Act, notwithstanding the content of this ByLaw. ## 2.4 Garbage and Waste Disposal - 2.4.1 Every owner shall keep the property free and clear of domestic waste or industrial waste, or anything in their possession that may constitute a health, fire or safety hazard to the yard or vacant lands of another person or to any municipally owned lands. ( C - 2.4.2 No person shall use any land or structure within the Municipality for dumping or disposing of domestic waste or industrial waste, or any other thing in their possession that may constitute a health, fire or safety hazard to the yard or vacant lands of another person or to any municipally owned lands. - 2.4.3 The owner or occupant of land used contrary to or on which there is a contravention of articles 2.4.1 and 2.4.2 regardless of whether the use or contravention occurred prior to the enactment of this By-Law, shall at the persons own expense clean, clear and cease using such land or structure for such a prohibited purposes. - 2.4.4 Articles 2.4.1 and 2.4.2 do not apply to land or structures used by the Municipality, or land or structures designated by By-Law of the Municipality for the purpose of dumping or disposing of waste. - 2.4.5 Despite any other section, this By-law shall not apply to the storage of used lumber, used building materials, inoperative vehicles, machinery, or vehicle parts on a property used for agriculture provided that: - i. such property is zoned in an Agricultural or Rural Zone as set out the Municipality's Comprehensive Zoning By-law; - ii. such material is screened from view from any residential parcel or public highway within 150 metres (492 feet); and - iii. the material is required for use as replacement parts, vehicles or materials as a required part of the agricultural operation. - 2.4.6 The owner or occupant of a residential property may provide for a compost heap or bin provided that they comply with the following requirements: - i. any compost is confined to an area no larger than 1.0 square metre in area and 1.5 metres in height and is enclosed on all sides by concrete block or lumber or contained within a container designed for composting; and - il. any compost heaps or bins shall be constructed to prevent the entry of animals and shall be provided with a secure fitting cover. ## 2.5 Motor Vehicle Salvage - 2.5.1 Everyowner or occupant of land shall keep a yard free from wrecked, dismantled, inoperative or vehicles without a valid license, trailers or other machinery or any part thereof and waste and refuse of any kind. - 2.5.2 Article 2.5.1 does not apply if the Comprehensive Zoning By-Law permits the land to be used for such purposes and the owner or occupant of the land holds any required valid license or permits issued by the Municipality or the body holding jurisdiction. ## SECTION 3 Administration and Enforcement ## 3.1 Enforcement - 3.1.1 A By-Law Enforcement Officer may inspect the land for the purpose of determining whether: - i. properties are being maintained in accordance to this By-Law; - the land is used for the storage of used motor vehicles for the purpose of wrecking or dismantling them or salvaging parts thereof for sale or disposal; - ii. the land is used for dumping or disposing of garbage, refuse, fill, domestic waste, or industrial waste of any kind; - iv. the owner or occupant has complied with any Order sent by the By-Law Enforcement Officer, or an Officer; or - v. there is compliance or non-compliance with any other provision of this By-Law. - 3.1.2 Every owner or occupant shall permit a By-Law Enforcement Officer, upon production of identification and for the purpose of the inspection by the Municipality, to inspect the land or structure for the purpose of article 3.1.1. - 3.1.3 When any lands and buildings are not maintained pursuant to the provisions of this by-law, a By-Law Enforcement Officer may call the property owner to advise them of the infraction. If the By-Law Enforcement Officer cannot contact the property owner, he/she will issue a letter and may send such letter by regular mail, registered mail or delivered by hand to the owner or occupant's last known address requiring them to make the lands and buildings comply with the requirements of this by-law. Such letter shall specify the time allowed for compliance. - 3.1.4 Where the owner or occupant fails to comply under this By-Law within the time specified for compliance, the Municipality in addition to all other remedies: - i. Shall have the right to enter in and upon the lands and to restore the lands and carry out remedial action specified in the order at the owner's expense; and - ii. Shall not be liable to compensate such owner or occupant or any other persons having an interest in the property by reason of anything done by or on behalf of the Municipality under the provisions of this section; - iii. May recover the costs of any remedial action undertaken by the Municipality by adding the costs to the tax roll and collecting them in the same manner as property taxes. - 3.1.5 Where any of the materials or things are removed in accordance with article 3.1.5, the materials or things may be disposed of immediately by the municipality, and any recovered salvage value or other actual recovery of money made upon such disposal shall be credited first against costs, the balance shall be refunded to the person who was in possession of the materials or things prior to their removal from the land. - 3.1.6 No person shall hinder or obstruct a By-Law Enforcement Officer 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 work for the Municipality under the authority of this By-Law. ## 3.2 Offences - 3.2.1 Where this By-Law is contravened the Township of Havelock-Belmont-Methuen has the authority under the Municipal Act to direct or a require a person to do a matter or thing, and the municipality may also provide that, in default of it being done by the person directed to do it, the matter or thing shall be done 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 them in the same manner as property taxes, under Section 446 of the Municipal Act, 2001, S.O. 2001, c. 25; - 3.2.2 Where an owner has received a second, third and subsequent offence on the same property within one year of the first offence, an inspection administration charge shall apply as set out in the Fees for Service By-law, Schedule A. Any non-payment shall be added to the tax role of the subject property and shall be collected in a like manner as municipal taxes. - 3.2.3 Each person and or Corporation who contravenes a provision of this By-law shall: - a) When given a Penalty Notice in accordance with the Township of HavelockBelmont-Methuen's Administrative Penalty By-law, be liable to the Township an Administrative Penalty in the amount specified by the Administrative Penalty Bylaw, Table 3, for each day or part of a day on which the contravention continues; or - b) Upon conviction be liable to fines as provided for in the Provincial Offences Act, R.S.O. 1990, c. P33, as amended." - A person who contravenes this by-law may be subject to an accelerated penalty. If a secondary violation occurs within 30 days of a previously enforced violation the penalty will be doubled the prescribed set fine. In the event that a third violation is committed within the 30 days from the original violation, the penalty will be double that of the accelerated set fine. For continual or habitual violations, the penalty shall not exceed that of the third violation. Accelerated penalty fines will be permitted only if the violation occurs within the same geographical location be it, street, road, highway, or municipal property. ## 3.3 Validity - 3.3.1 Should a Court of competent jurisdiction declare a part or whole of any provision of this By-Law to be invalid or of no force and effect, the provision or part is deemed severable from this By-Law, 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. - 3.3.2 Where a provision of this By-Law conflicts with the provision of another By-Law, Act, or Regulation in force within the Township of Havelock-Belmont-Methuen, the provisions that establish the higher standards to protect the health and safety of persons shall prevail. ## Section 4 By-laws Repealed By-law Number 2023-022 is hereby repealed. ## Section 5 Enactment ## 5.1 Date of Enactment 5.1.1 This By-Law shall come into force and take effect on the day it is passed. Read a first, second, and third time and finally passed in Open Council this 19th day of March, 2024.   Jim Martin, Mayor RoberT V. Angine, Clerk ## Corporation of the Township of Havelock-Belmont-Methuen Clean Yard By-law 2024-026 | Item | Short Form Wording | Set Fine | |--------|-------------------------------------------------------------------------------------------------------------------------------------|------------| | | Fail to cut grass so that its height is maintained so as to be consistent with the surrounding environment. | $200.00 | | 2. | Fail to keep land free of standing water. | $200.00 | | 3. | Throw, place or deposit refuse and or debris on private land without written authority. | $200.00 | | 4. | Throw, place or deposit refuse and or debris on land owned or occupied by the municipality without written authority. | $200.00 | | 5. | Fail to maintain property free of graffiti | $200.00 | | 6. | Fail to keep property free and clear of domestic or industrial waste or other thing that may cause a health, fire or safety hazard. | $200.00 | | 7. | Fail to confine compost to an area no larger than 1.0 square metres in area and 1.5 metres in height. | $200.00 | | | Fail to maintain compost in a manner to prevent the entry of animals. | $200.00 | | | Fail to keep yard free from wrecked, dismantled, inoperative vehicles or trailers, or other machinery or parts | $200.00 | | 10. | Fail to permit a By-law Enforcement Officer to inspect land or structure. | $250.00 | ## Schedule "A"