This is the exact embedded text of the captured official document.
Snapshot 2031df4728ce · verified 2026-06-09 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
The Corporation of the City of Kenora
By-law Number 49 - 2017
A By-law Respecting Yard Maintenance, Storage and Litter on Property
Being a by-law to regulate yard maintenance, storage and litter on property
and to repeal By-law No. 76-2005, as amended
Whereas sections 8, 9 and 10 of the Municipal Act, 2001 authorize the City of Kenora to pass
by-laws necessary or desirable for municipal purposes, and in particular paragraphs 5, 6 and 8
of subsection l0(2) authorize by-laws respecting the economic, social and environmental well-
being of the municipality; the health, safety and well-being of persons; and the protection of
persons and property; and
Whereas section 127 of the Municipal Act, 2001 authorizes the City of Kenora to require the
owner or occupant of land to clean and clear the land, not including buildings, and to clear
refuse or debris from the land, not including buildings; and
Whereas section 127 of the Municipal Act, 2001 further authorizes the City of Kenora to prohibit
the depositing of refuse or debris on land without the consent of the owner or occupant of the
land; and
Whereas section 128 of the Municipal Act, 2001 authorizes the City of Kenora to prohibit and
regulate with respect to public nuisances, including matters that, in the opinion of the Council of
the City of Kenora, are or could become or cause public nuisances; and
Whereas section 131 of the Municipal Act, 2001 authorizes the City of Kenora to 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 425 of the Municipal Act, 2001 authorizes the City of Kenora to pass by-laws
providing that a person who contravenes a by-law of the City of Kenora passed under that Act is
guilty of an offence; and
Whereas the Municipal Act, 2001 further authorizes the City of Kenora, among other things, to
delegate its authority, to impose fees or charges on persons for services or activities provided or
done by or on behalf of it, to provide for inspections and inspection orders, and to make orders
to discontinue activity or to do work;
Now Therefore, the Council of the City of Kenora enacts as follows:
PART I - APPLICATION AND INTERPRETATION
Short Title
1.
This By-law may be referred to as the "Yard Maintenance, Storage and Anti-littering By-
law".
2
Definitions
2.
In this By-law,
a) "building" means any structure used or occupied or intended for supporting or
sheltering any use or occupancy;
b) "City" means The Corporation of the City of Kenora or the geographic area of the City
of Kenora as the context requires;
c) "commercial waste" is waste generated as a result of carrying out a business and
includes garbage and rubbish produced by customers of the business;
d) "deposit" means to throw, dump, place or set down;
e) "domestic waste" means waste comprising of garbage and rubbish such as bottles,
cans, clothing, compost, disposables, food packaging, food scraps, newspapers,
magazines, yard trimmings, cleaning solvents, paint, and pesticides that originate
from a private home or apartment;
f) "excavation" means an area where soil has been removed thereby leaving a
depression or hole within the surrounding land, and includes, without limiting the
generality of the foregoing, uncovered wells and cisterns;
g) "farm" means an agricultural operation as defined in the Farming and Food
Production Protection Act, 1998 and includes such an operation that is not carried on
with the expectation of gain but otherwise meets the definition in that Act;
h) "front yard" means the area of the yard that is between the front wall of the main
building on the property and the front property line; the front yard extends across the
entire width of the property, extending to the boundary out from the building wall;
i) "highway" includes a common and public highway, street, avenue, parkway, driveway
access, square, place, bridge, viaduct or trestle designed and intended for or used by
the general public for the passage of vehicles and includes the grassed areas,
boulevards, ditches, curbs, gutters and sidewalks and all other areas between the
lateral property lines thereof;
j) "inoperative machinery" includes but is not limited to machinery that is unable to be
operated as a result of being dismantled, broken or incomplete, decayed or
dilapidated;
k) "inoperative vehicle" includes but is not limited to a motor vehicle that:
(i)
is unable to be operated as a result of being dismantled, broken or
incomplete, decayed or dilapidated, in particular with missing wheels, tires,
body components or windows; or
(ii)
does not have affixed to it a number plate with a current permit validation as
required under the Highway Traffic Act;
3
l) "land" includes land covered by water;
m) "natural garden" means a defined area of vegetation that has been deliberately
planted or cultivated with species of wildflowers, shrubs, perennials, ornamental
grasses or combinations of them, consistent with a managed and natural landscape;
n) "normal farm practices" means normal farm practices as defined in the Farming and
Food Production Protection Act, 1998;
o) "noxious weed" means a noxious weed designated under the Weed Control Act
including any weed designated as a local or noxious weed under a by-law of the City
passed under that Act;
p) "officer" means a person appointed by the City of Kenora to enforce this By-law and
any police officer;
q) "ornamental plant" means a plant deliberately grown for beautification, screening,
accent, specimen, colour or other aesthetic reasons but does not include any variety
of turf grass;
r) "owner" means the registered owner, owner in trust, a mortgagee in possession, a
person who is managing or receiving the rent of the property, a lessee or a person
who is in control of the property and includes a person, firm, partnership, corporation,
company, association, or organization of any kind and its principal(s);
s) "property" means land, buildings or structures or any combination of these;
t) "rear yard" means the yard that is between the rear wall of the main building on the
property and the rear property line; the rear yard extends across the entire width of
the property, extending to the boundary out from the building wall;
u) "residential property" means property that is occupied by at least one person as his or
her residence;
v) "side yard" means the yard that is between any side wall of the main building on the
property and the side property line that wall faces; the side yard is contained between
the rear yard and the front yard;
w) "unsafe container" means any container having a volume of greater than 0.5 m3 which
has a closing or locking mechanism such that something or someone inside could be
trapped and unable to be released without external assistance;
x) "waste" means garbage, refuse, debris, litter, yard waste or any materials or
substances that appear to be discarded or abandoned and for greater certainty,
includes, whether of value or not:
i)
accumulations of litter, remains, rubbish, trash;
4
ii)
weighty or bulky items such as: appliances, furnaces, furnace parts, pipes,
pipe-fittings, water or fuel tanks, placed in a condition or location where they
cannot be used for their intended purposes;
iii)
paper;
iv)
cartons;
v)
dilapidated furniture or any indoor furniture;
vi)
crockery, dishes, pots, pans, glass, cans, containers;
vii)
garden refuse and trimmings;
viii)
material from or for construction and demolition projects;
ix)
domestic waste;
x)
commercial waste;
xi)
dead or dying trees, branches or shrubs;
xii)
tree cuttings or twigs, branches and brush cut or otherwise severed from any
shrub or tree;
xiii)
waste lumber, excepting only cut and stacked firewood for use in a fireplace on
the property;
xiv)
inoperative motor vehicles or machinery;
xv)
motor vehicle parts or machinery parts;
xvi)
mechanical equipment or equipment parts placed in a condition or location
where they cannot be used for their intended purposes;
xvii)
earth or rock fill;
xviii) clothing or other household linens lying in an unprotected condition;
xix)
objects or conditions that may create a health, fire or accident hazard; and
xx)
animal waste products, animal feces, hides, parts or carcasses other than
those arising from industrial or agricultural businesses legally operated on the
land;
y) "watercourse" means an identifiable depression in the ground in which a natural flow
of water occasionally, regularly or continuously occurs, but does not include a swale
shaped or graded in earth materials and stabilized with site suitable vegetation for the
conveyance of storm water runoff; and
5
z) "yard" means an area of land on a property over which no building is erected.
Specific Interpretation Rules
3.
The captions, article and section names and numbers appearing in this By-law are for
convenience of reference only and have no effect on its interpretation
4.
References to items in the plural in this By-law include the singular, as applicable, and
vice versa.
5.
Unless the context otherwise demands, words importing any gender shall be
interpreted to mean any or all genders.
6.
The words "include", "includes" and "including" are not to be read as limiting the words
or phrases which precede or follow them.
7.
The term "used" when referring to land, buildings or structures is interpreted as
including "intended to be used".
8.
Reference to a building, structure, yard or land includes that building, structure, yard or
land in whole or in part.
9.
In this By-law, the word "metre" may be represented by the abbreviation "m" and the
word "centimetre" may be represented by the abbreviation "cm".
10. Where this By-law prohibits a person from doing something, the prohibition also
includes causing, allowing or requiring that thing to be done.
11. Where this By-law requires a person to do something, the requirement can be fulfilled
by causing another person to do that thing.
12. If any section, paragraph, clause, sentence or word in this By-law is declared by any
court or tribunal of competent jurisdiction to be void or illegal, that particular portion of
the By-law shall be deemed to be severable from the balance of the By-law, and the
remainder of the By-law shall continue to be considered valid and binding.
Legislation
13. References to legislation in this By-law are printed in italic font and are references to
Ontario Statutes. Where the year of the statute appears as part of its name, the
reference is to the Statutes of Ontario for that year, and the chapter bearing the same
name. Where the year of the statute does not appear as part of its name, the reference
is to the Revised Statutes of Ontario, 1990 version. In both cases, however, this By-law
is considered to speak to the law as amended from time to time, including successor
legislation, and including all regulations passed in accordance with the statute. For
example, a reference to the Municipal Act, 2001 incorporates a reference to Ontario
Regulation 584/06 passed under that statute.
6
Part II - Vegetation
14. Every owner shall keep grass, weeds and other vegetation in their yard clean and
cleared up.
15. Every owner shall maintain all hedges, bushes and shrubs in their yard from becoming
overgrown and unkempt.
16. For the purpose of section 14, to "clean" or "clear up" means:
i)
to keep all grass and other plants cut to a height of equal to or less than 20
cm, except:
1. ornamental plants;
2. trees or shrubs;
3. cultivated fruits and vegetables; or
4. plants buffering or otherwise forming part of a natural feature such as a
watercourse.
ii)
to remove all noxious weeds, provided that nothing in this subparagraph
authorizes the use of any herbicide contrary to any other law in force in
Ontario; and
iii)
to maintain the yard so as to prevent instability including but limited to the
erosion of soil.
17. Sections 14 and 15 do not apply to:
a) crops being grown on a farm;
b) a natural garden; or
c) a property located in any of the following zones under the City of Kenora Zoning By-
law:
i)
RU (rural);
ii)
OS (open space);
iii)
(WD) (waste disposal);
iv)
(EP) (environmental protection); and
v)
(HL) (hazard land).
7
18. Every owner shall eliminate vegetation or unnatural landscaping features in their yard
which:
(a) adversely affect the safety of the public;
(b) adversely affect the safety of vehicular or pedestrian traffic;
(c) constitutes an obstruction of view for vehicular or pedestrian traffic;
(d) wholly or partially conceal or interfere with the use of any fire hydrant or
municipal facilities, including water valves; or
(e) interfere with the use of a highway, public sidewalk or lane.
Part III - Ponding
Ponding of Water
19. Every owner shall keep their yard graded, filled up or otherwise drained so as to
prevent excessive or recurrent ponding of water on their property.
Part IV - Waste
20. Every owner shall keep their yard free and clear of all waste.
21. No person shall use a yard for the depositing of waste.
22. Subject to section 23, sections 20 and 21 do not apply to:
a) property used by the City for the purpose of depositing waste; or
b) property used for the purpose of depositing waste under federal, provincial or
municipal authority.
23. No person other than the City or a person with prior federal, provincial or municipal
authority shall deposit waste on property described in section 22.
24. Every owner shall ensure that all waste which accumulates on their property is:
a) when not placed out for collection in accordance with applicable City by-laws, in
containers:
i)
provided with a tight fitting cover, which may be removed only when the
container is empty or is being actively loaded;
ii)
maintained in good condition without holes or spillage;
8
iii)
closed or emptied, rinsed and cleaned when not in use, to prevent the
escape of offensive odour or waste; and
b) not allowed to accumulate for longer than 10 days.
25. Every owner of a property where an exterior bulk or roll-off container disposal system is
used shall ensure that the containers are:
a) equipped with covers or similar devices which shall be readily operable but not
left open except when actively being loaded;
b) large enough to contain all waste generated between collections by the owner
and any occupants served; and
c) not loaded beyond the top of the container.
26. Every owner of property, with the exception of an owner of property in the RU (Rural) or
RR (Rural Residential) zone under the City of Kenora Zoning Bylaw, shall:
a) have not more than 2 compost heaps on their property; and
b) ensure that each compost heap in the yard of their property:
(i)
has a maximum size of 1 m3;
(ii)
is located a minimum of 1 metre from any property line;
(iii)
is enclosed on all sides by concrete blocks or lumber, or be maintained
within a 205 litre or smaller container, a metal frame building with a
concrete floor, or a commercial plastic enclosed container designed for
composting; and
(iv)
is stored and kept neatly and in a contained manner so as not to allow
offensive odours to affect the surrounding neighbourhood, or to attract
vermin or other animals to the compost.
Part V - Inoperative Vehicles And Machinery
27. Subject to sections 28 and 29, no person shall use a property for the storage of an
inoperative vehicle or inoperative machinery, or parts of a vehicle or machinery.
28. Section 27 does not prohibit the storage of an inoperative vehicle or inoperative
machinery, or parts of a vehicle or machinery, where:
a) the storage is reasonably necessary for the conduct of a business or trade
lawfully conducted on the property;
b) the inoperative vehicle, inoperative machinery or parts of a vehicle or machinery
are stored in an enclosed building for a purpose other than:
9
(i)
wrecking or dismantling of them or salvaging parts from them for sale
or other disposition; or
(ii)
a vehicle repair or machinery repair business purpose; or
c) the storage in a yard is of a single vehicle which is fully and completely covered
with a canvas or similar opaque, weather-resistant tarpaulin in good repair.
29. Section 27 does not prohibit the keeping of inoperative agricultural machinery and
inoperative agricultural vehicles on a farm provided that the inoperative agricultural
machinery or inoperative agricultural vehicles are placed or arranged so as not to
create a safety or health hazard to persons on the property, and, in particular, so as not
to block emergency access to or from the property.
Part VI - Residential Storage
Rules for Domestic Storage of Materials on Residential Property
30. No owner shall undertake or allow the domestic storage of materials in the front yard of
their residential property.
31. Domestic materials other than waste may be stored in a rear yard or a side yard of a
residential property subject to the following rules:
a) the storage of these materials shall not exceed 25% of the area of the side or
rear yard in which it is being stored;
b) the storage shall be undertaken through the use of neat piles; and
c) the storage shall be undertaken in a manner which does not create an unsafe
condition.
32. No owner shall undertake or allow the domestic storage of materials in a side yard or a
rear yard on their residential property in a manner contrary to that prescribed in section
31.
33. Sections 30 - 32 do not apply to residential property exceeding 1.67 hectares in size.
34. Sections 30 - 32 do not apply to prevent the temporary storage of materials or debris on
a residential property resulting solely from the construction, demolition or alteration of a
building, provided that:
(a) it is removed frequently and in its entirety from the property; and
(b) it does not cause an unsafe condition.
Storage of Boats, Recreational Vehicles, Trailers or Similar Vehicles on a Residential
Property
10
35. No boats, recreational vehicles, trailers or similar vehicles shall be parked or stored in
any portion of a front yard of a residential property.
36. Despite section 35 or any other by-law, parking and storage of any boats, recreational
vehicles, trailers and similar vehicles not exceeding a total length of eleven (11) metres
shall be permitted in a front yard:
a) in a residential driveway between May 1st and October 31st; or
b) in a residential driveway at any time of the year in the case of a property
where:
a. there is no reasonable place to park or store such vehicle or
combination of vehicles in either a side yard or a rear yard due to the
severity of yard slopes or due to natural features such as watercourses,
wetlands, cliffs or rock cuts in such yards;
b. it is not possible to park or store such vehicle or combination of vehicles
in either a side yard or a rear yard without such vehicle or combination
of vehicles being within .6 metres of a lot line; or
c. it is not possible to park or store such vehicle or combination of vehicles:
i. in a side yard without such vehicle or combination of vehicles
being within .6 metres of a lot line; and
ii. it is not possible to park or store such vehicle or combination of
vehicles in a rear yard because:
1. there is no public road or laneway which provides access
to the rear yard; and
2. the side yard is too small in size to permit such vehicle or
combination of vehicles to be transported through the side
yard to the rear yard.
Part VII - Unsafe Containers
37. No owner shall place, keep or store an unsafe container in their yard.
38. No person shall place or discard an unsafe container on any public or private property.
Part VIII - Litter
39. No person shall deposit waste on any public or private property without authority from
the owner of the property.
11
40. No person shall deposit waste on a highway except in accordance with the City's by-
laws respecting garbage collection or other authority received from the City.
Part IX - Drains And Watercourses
41. Every owner of a property on which there is a private drain shall keep such drain
operational and in repair.
42. No owner shall obstruct or permit the obstruction of a private drain on their property,
provided only that the subsequent connection of their property's private sewage system
to the City's sanitary sewer in a manner approved by the City shall be permitted as a
replacement to a private sanitary drain.
43. No owner of property shall obstruct, or cause or permit the obstruction of a watercourse
on their property.
Part X - Health And Safety
44. Every owner shall ensure that any well, cistern, cesspool, privy vault, pit or excavation
on their property:
a) in active use, is secured by a fence with warning signs;
b) not in active use, is permanently sealed or secured by a fence, cover or other
means.
45. Every owner shall keep the yard of their property clean and free from any objects or
conditions that might create a health, fire or accident hazard or an unsafe condition.
Part XI - Administration and Enforcement
46. The City Clerk is assigned the responsibility of administering and enforcing this By-law
and may assign duties to such persons as are necessary to carry out the provisions of
this By-law.
47. Persons appointed or assigned for the purposes of administering or enforcing this By-
law are officers, have the authority to carry out the duties assigned to officers under this
By-law, and may enforce the provisions of this By-law.
48. An officer may enter on property at any reasonable time for the purpose of carrying out
an inspection to determine whether or not the following are being complied with:
a) this By-law;
b) a direction or order made under this By-law; or
c) a prohibition order made under s. 431 of the Municipal Act, 2001.
12
49. An officer may, for the purposes of an inspection under section 48:
a)
require the production for inspection of documents or things relevant to the
inspection;
b)
inspect and remove documents or things relevant to the inspection for the purpose
of making copies or extracts;
c)
require information in writing or otherwise as required by the officer from any
person concerning a matter related to the inspection; or
d)
alone or in conjunction with a person possessing special or expert knowledge,
make examinations or take tests, samples or photographs necessary for the
purposes of the inspection.
50. An officer may undertake an inspection pursuant to an order issued by a provincial
judge or justice of the peace under section 438 of the Municipal Act, 2001 where he or
she has been prevented or is likely to be prevented from carrying out an inspection
under sections 48 and 49;
51. If an officer is satisfied that a contravention of this By-law has occurred, the officer may
make an order requiring the person who contravened the By-law or who caused or
permitted the contravention or the owner of the property on which the contravention
occurred to discontinue the contravening activity.
52. An order under section 51 shall set out:
a) reasonable particulars of the contravention adequate to identify the contraventions
and the location of the property on which the contravention occurred; and
b) the date or dates by which there must be compliance with the order.
53. If an officer is satisfied that a contravention of this By-law has occurred, he or she may
make an order requiring the person who contravened the By-law or who caused or
permitted the contravention or the owner of the property on which the contravention
occurred to do work to correct the contravention.
54. An order under section 53 shall set out:
a) reasonable particulars of the contravention adequate to identify the contravention
and the location of property on which the contravention occurred;
b) the work to be completed; and
c) the date or dates by which the work must be completed.
55. An order to discontinue contravening activity made under section 51 or an order to do
work made under section 53 may be served:
13
a) by regular, registered or certified mail to the last known address of, as the case may
be, the person who contravened the By-law or who caused or permitted the
contravention or the owner of the property on which the contravention occurred, in
which case it shall be deemed to have been given on the third day after it was
mailed;
b) by an officer placing a placard containing the order in a conspicuous place on the
property where the contravention occurred, in which case it shall be deemed to have
been given on the day of the placement of the placard on the property; or
c) personally, as the case may be, on the person who contravened the By-law or who
caused or permitted the contravention or the owner of the property on which the
contravention occurred.
56. Where a person does not comply with a direction, an order or a requirement under this
By-law to do a matter or thing, the City Clerk, with such assistance by others as may be
required, may carry out such direction, order or requirement at the person's expense.
57. Without limiting its right to pursue other remedies, the City may recover the costs of
doing a matter or thing under section 56 by action or by adding the costs to the tax roll
and collecting them in the same manner as property taxes and such costs shall include
an interest rate of 15 per cent per year commencing on the day the City incurs the costs
and ending on the day the costs, including the interest, are paid in full.
58. Any person who contravenes an order made under section 444 of the Municipal Act,
2001 is guilty of an offence.
59. Any person who contravenes an order made under section 445 of the Municipal Act,
2001 is guilty of an offence.
60. Any person who contravenes any provision of this by-law is guilty of an offence and
upon conviction is liable to a fine or other penalty as provided for in the Provincial
Offences Act, R.S.O. 1990, c. P. 33, as amended.
Part XII - Repeal, Coming Into Force, Etc.
61. By-law No. 76-2005, and all by-laws which amended By-law No. 76-2005, are
repealed as of the day this By-law comes into force.
62. This By-law comes into force on the date of its passing.
14
By-law read a First and Second Time this 18th day of April, 2017
By-law read a Third and Final Time this 18th day of April, 2017
The Corporation of the City of Kenora:-
____________________________________
David S. Canfield, Mayor
____________________________________
Heather Kasprick, City Clerk