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THE CORPORATION OF THE TOWNSHIP OF HILTON
BY-LAW NO. 1524-26
Being a by-law to prohibit and regulate the use of land within the
Township of Hilton for dumping or disposing of any garbage, refuse or
domestic or industrial waste of any kind, and prohibit the use of land
within the Township of Hilton for storage and wrecking of used motor
vehicles.
WHEREAS sections 10(2), paragraph 6, and 11(3), paragraph 1 of the Municipal Act, 2007,
S.O. 2001, c. 25, as amended, authorize municipalities to pass by-laws respecting the
health, safety and well-being of persons and the protection of persons and property;
AND WHEREAS section 127 of the Municipal Act, 2007 authorizes municipalities to require
the cleaning and clearing of land;
AND WHEREAS section 128 of the Municipal Act, 2001 authorizes municipalities to
prohibit and regulate 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, 2007 authorizes municipalities to
prohibit and regulate the use of 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 446 of the Municipal Act, 2001 authorizes municipalities to enter
upon land, perform work required to bring the property into compliance with a by-law,
recover the costs incurred, and add such costs to the tax roll;
AND WHEREAS the Council of the Corporation of the Township of Hilton deems it
desirable to regulate the disposal and accumulation of waste and the storage of derelict
vehicles within the Township;
NOW THEREFORE the Council of the Corporation of the Township of Hilton hereby enacts
as follows:
1. SHORT TITLE
1.1. This By-law shall be cited as the “Clean Yards By-law”.
2. PURPOSE
2.1 The purpose of this By-law is to regulate the dumping, disposal and
accumulation of waste within the Township of Hilton, to prohibit unauthorized
dumping, and to regulate the storage of inoperative or derelict vehicles in order to
protect public health, safety, property values and the natural environment.
3. DEFINITIONS
3.1 “Appellant” shall mean a person who files an appeal regarding an Order.
3.2 “Council” shall mean the Council of the Corporation of the Township of Hilton.
3.3 “Derelict Vehicle” shall mean a vehicle that is inoperative, dismantled, wrecked,
discarded, abandoned, unlicensed, or incapable of being lawfully operated ona
highway. Excluding vehicles that are actively undergoing restoration, repair, or
maintenance within a wholly enclosed building.
3.4 “Industrial Waste” shall mean any unwanted or residual material produced by
manufacturing, mining, energy production, and agricultural processes.
Corporation of the Township of Hilton
Clean Yards By-law Cont’d
3.5
3.6
3.7
3.8
3.9
3.10
3.11
“Notice of Appeals” shall mean a written request submitted to the Clerk bya
person who has been served with an Order, requesting that Council review the
Order and stating the reasons for the appeal.
“Officer” shall mean a Municipal By-law Enforcement Officer, Road
Superintendent, Police Officer, or any person appointed by Council to administer
and enforce this By-law.
“Order” shall mean a written notice issued by an Officer requiring a person to
remedy a contravention of this By-law within a specified period of time.
“Owner” shall mean the registered owner of land and includes any person who
manages, occupies, leases, or otherwise exercises control over the property.
“Refuse” shall mean any article, thing, matter, or material that:
a) has been cast aside, discarded, or abandoned, whether of any value or not;
b) has been used up, in whole or in part, whether of any value or not; or,
c) has become obsolete, worn out, deteriorated, or incapable of being used for
its intended purpose, whether of any value or not.
“Vehicle” shall include a motor vehicle, trailer, boat, motorized snow vehicle or
other mechanical power-driven equipment.
“Waste” shall mean any debris, rubbish, refuse, sewage, effluent, discard, or
garbage of a type arising from a residence, belonging to or associated with a
house or use of a house or residential property and/or from industrial or
commercial operation, or belonging to or associated with industry or commerce
or industrial or commercial property, which for greater certainty includes all
garbage, discarded material or things, broken or dismantled things, and
materials or things exposed to the elements, deteriorating or decaying ona
property due to exposure to the weather.
“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).
4. GENERAL STANDARDS
4.1
4.2
4.3
4.4
4.5
No land within the limits of the Township of Hilton is to be used for dumping or
disposing of any garbage, refuse, or domestic or industrial waste of any kind
except at the facilities lawfully authorized to receive such waste.
No person is to permit garbage, refuse, or domestic or industrial waste to
accumulate on any land which they own or control within the Township of Hilton.
All garbage, refuse or domestic or industrial waste is to be disposed of only at
facilities lawfully authorized to receive such waste.
Waste left from the erection, alteration or demolition of any building or structure
within the Township of Hilton is to be disposed of at the facilities lawfully
authorized to receive such waste.
Persons disposing of any waste at the Township Garbage Disposal Site shall pay
any fees established by the Village of Hilton Beach.
Corporation of the Township of Hilton
Clean Yards By-law Cont’d
4.6
4.7
4.8
4.9
No unauthorized person shall light any fire, or cause any fire to be lit, at the
Township Garbage Disposal Site.
No person may dispose of any hot ashes containing live coals at the Township
Garbage Disposal Site.
No person shall store or permit the storage of a derelict vehicle on any property
within the Township except:
a) within a wholly enclosed building; or
b) screened from public view by a fence, vegetation, or other visual barrier
acceptable to the Officer;
c) within a lawfully established commercial or industrial operation authorized by
the Township’s Zoning By-law; or
d) as otherwise permitted by municipal by-law.
No motor vehicle, vehicle body, vehicle component, or vehicle part shall be
disposed of at the Township Garbage Disposal Site.
4.10 This By-law does not apply to:
5.
5.1
5.2
5.3
5.4
5.5
6.
6.1
a) lands actively used for agricultural purposes;
b) construction sites where a valid building permit has been issued and work is
actively progressing.
INSPECTION AND ORDERS
An Officer may enter upon land at any reasonable time for the purpose of carrying
out an inspection to determine compliance with this By-law in accordance with
the Municipal Act, 2001, provided that no Officer shall enter a dwelling unit
without consent of the occupant or pursuant to a warrant issued by a court of
competent jurisdiction.
Where an Officer is satisfied that a contravention exists, the Officer may issue an
Order requiring the owner or occupant to remedy the contravention within a
specified period. An Order may be served personally, by registered mail, by
regular mail to the owner’s last known address, or by posting the Order ina
conspicuous place on the property.
If the Order is not complied with, the Township may cause the work to be
completed at the owner’s expense.
Where the Township performs any work required under this By-law, all costs
incurred by the Township, including administrative costs, may be recovered from
the owner and may be added to the tax roll and collected in the same manner as
municipal taxes.
No person shall hinder, obstruct, or interfere with an Officer carrying out duties
under this By-law.
CONTRAVENTIONS AND PENALTIES
Every person who contravenes any provision of this By-law is guilty of an offence
and upon conviction is liable to a fine as provided for by the Provincial Offences
Act, R.S.O. 1990, Chapter P.33, as amended.
Corporation of the Township of Hilton
Clean Yards By-law Cont’d
6.2 Every such penalty shall be recoverable under the provisions of the Provincial
Offences Act.
7. SETFINES
7.1. The short form wording set out in Schedule “A” attached hereto shall constitute
the offences designated for the purposes of proceedings commenced under Part
| of the Provincial Offences Act.
8. SEVERABILITY
8.1 If any section, subsection, clause, or provision of this By-law is declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity
of the By-law as a whole or any part thereof, other than the provision so declared
invalid.
9. CONFLICTS
9.1 Where a provision of this By-law conflicts with the provisions of another
municipal by-law, federal or provincial Act or regulation, the provision
establishing the higher standard to protect the health, safety, and welfare of the
public shall prevail.
10. APPEALS
10.1 A person who has been served with an Order may appeal the Order to Council by
filing a written Notice of Appeal with the Clerk within fourteen (14) days of service
of the Order.
10.2 Upon receipt of a Notice of Appeal, the Clerk shall schedule the matter before
Council and provide notice of the hearing to the appellant.
10.3 Council may confirm, modify, extend, or rescind the Order.
10.4 An Order remains in effect unless otherwise directed by Council.
10.5 The decision of Council shall be final.
11. ADMINISTRATION AND EFFECTIVE DATE
11.1 THAT Schedule “A” (Set Fines), attached hereto, shall form part of this By-law.
11.2 THAT By-law No. 608 is hereby repealed.
11.3 THAT this By-law shall come into force and take effect on the day of passing.
Read a first, second and third time and finally passed this 16" day of September 2026.
Qoaysale
Sara Dinsdale, CAO/Clérk-Treasurer
THE CORPORATION OF THE TOWNSHIP OF HILTON
Schedule “A” to By-law No. 1524-26
Clean Yards By-law
PART I- Provincial Offences Act
ITEM | COLUMN 1 COLUMN 2 COLUMN 3
Short Form Wording Provision Creating or Set Fine
Defining Offence
1 Dump waste on land s. 4.1 $150.00
2 Permit waste accumulation s.4.2 $150.00
3 Dispose of waste at unauthorized s.4.3 $150.00
location
5 Store derelict vehicle s. 4.8 $150.00
6 Dispose of vehicle at landfill s.4.9 $150.00
7 Obstruct Officer s.5.5 $150.00
NOTE: The penalty provision for the offences indicated above is Section 6 of By-law
1524-26, a certified copy of which has been filed.