This is the exact embedded text of the captured official document.
Snapshot 548b9357d710 · verified 2026-10-19 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE CORPORATION OF THE TOWN OF KINGSVILLE
BY-LAW 25-2001
A By-law to establish, maintain and operate a waste management
system in the Corporation of the Town of Kingsville.
WHEREAS pursuant to Section 208.2 of the Municipal Act R.S.O. 1990,
c.MA5, as amended a local municipality may pass by-laws to establish,
maintain and operate a waste management system;
AND WHEREAS Section 208.6 of the Municipal Act R.S.O. 1990, cM.45, as
amended states that for the purpose of Section 208.2, a local municipality
may pass by-laws to prohibit or regulate the use of any part of a waste
management system within the Corporation of the Town of Kingsville.
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION
OF THE TOWN OF KINGSVILLE ENACTS AS FOLLOWS:
A. DEFINITIONS:
1. "Collectible Garbage or Waste" shall include all household garbage
or waste from any residential premises and any trade garbage or
waste from any place of business including such items as kitchen and
table waste of animal or vegetable origin resulting from the preparation
or consumption of food, ashes, broken crockery, non-recyclable paper,
wearing apparel and glassware and such other discarded materials
which are generated at a residential premises and/or place of business
but does not include household trash or trash accumulated from a
place of business, hazardous waste, transient waste or recyclable
material or other non-collectible waste as hereinafter defined.
2. "Employee" means any person employed or hired by the Town.
3. "Hazardous Waste" means waste that poses a present or potential
danger to human beings or other organisms because it is toxic,
explosive, reactive, corrosive, radioactive, pathological or otherwise
poses substantial risk to human life and includes, but is not limited to:
i.
tires, paint, batteries, automotive parts, propane tanks;
ii.
insecticides, herbicides, acids, caustics, infected materials; and
iii.
any substance which may be classed as a "designated
substance" pursuant to the Occupational Health and Safety Act,
R.S.O. 1990 c.0.1, as amended.
4. "Highway" shall have the same meaning as provided in the Municipal
Act, R.S.O. 1990, c.MA5.
5. "Household Trash" includes weighty or bulky materials such as
bedsprings, mattresses, furniture, boxes, barrels, and any other large
discarded materials, which are generated on residential premises but
shall not include trade waste, construction or renovation waste or any
trash accumulated from a place of business or other non-collectible
wastes as defined in this by-law.
6. "Non-collectible Garbage or Waste" shall mean any garbage or
waste that is not collectible garbage or waste and shall include but not
be limited to:
i.
Plaster, lumber or other waste resulting from building, alteration
or demolition operations;
ii.
Swill, liquid waste, or organic matter which has not been drained
and wrapped in accordance with the provisions of this by-law;
iii.
dressings, needles or syringes, bandages, or other infected
materials from hospitals, surgeries, or offices of physicians,
surgeons, dentists or veterinarians;
iv.
faecies of any dog, cat or fowl that is not normally accumulated
in a litter box situated in a dwelling;
v.
carcasses or part thereof, of any dog, cat, fowl or any other
creature with the exception of bonafide kitchen waste;
vi.
transient waste;
vii.
collectible waste which has not been put out for collection in
conformity with the provisions of this by-law;
viii.
trade waste;
ix.
recyclable material;
x.
natural soil, earth, sand, clay, gravel, loam, stones, rocks or
other similar material;
xi.
any material which has become frozen to the receptacle and
cannot be removed by shaking;
xii.
septic tank pumpings, raw sewage sludge and industrial
process sludge;
xiii.
hazardous waste;
xiv.
trees or tree stumps, with the exception of used Christmas
Trees;
xv.
yard waste;
xvi.
white goods; and
xvii.
water-soaked or broken containers.
7. "Place of Business" means any place other than residential premises
and includes any hotel, motel, restaurant, shop, store, shopping centre,
plaza, service station, commercial or industrial office, industrial plant or
other commercial establishment, school, institution and public building.
8. "Public Lane" means any lane or alley accepted by by-law of the
Corporation as a public thoroughfare, and which is deemed to be of
sufficient width and condition for use by vehicles used for the collection
of all collectible garbage or waste as defined in this by-law.
9. "Recyclable material" includes any material designated by the Essex
Windsor Solid Waste Authority as recyclable.
10. "Recycling Receptacle" shall mean a container suitable for placing
recyclable material as approved and/or provided by the Essex Windsor
Solid Waste Authority.
11. "Residential Premises" means any individual property designated
residential under the Town's Comprehensive Zoning By-law.
12. "Town" means the Corporation of the Town of Kingsville.
13. "Town Council" means the Council of the Town.
14. "Public Works Manager" means the superintendent employed by the
Town.
15. "Trade Waste" includes Non-Collectible Garbage or Waste which is
generated at a place of business.
16. "Transient Waste" means any refuse, trash, garbage or waste carried
into the Town from outside its boundaries by any person.
17. "White Goods" means large steel based appliances which have been
used on residential premises which include washers, dryers, stoves,
refrigerators, hot water tanks, air conditioners and furnaces.
18. "Yard Waste" shall include grass clippings, leaves, flowers, weeds,
small sticks and twigs and garden waste.
B. GENERAL PROVISIONS:
1. The Town shall operate a system for the collection, removal and
disposal of collectible garbage or waste, household trash and yard
waste, including all new single family residential units (including six
multi-residential units or less) but excluding:
a) all new multi-unit apartments (over six multi-residential units
or more);
b) all new commercial and industrial development;
c) all new greenhouse development.
2. Collectible garbage or waste shall be placed in non-returnable plastic
bags or receptacles as defined below
i.
Non-returnable bags shall be an approximate size of 26" wide x
48" high (.65m x 1.20m) and are to be tied as to provide a
condition of being airtight and sanitary.
ii.
Containers shall be constructed of a durable non-flammable
material and be not more than 0.7 M in height and 0.4 M in
diameter and shall contain a water tight lid and two (2) handles.
iii.
Containers to weigh no more than total 40 Ibs. or 18 kilograms
or a maximum of five (5) containers.
3. All collectible garbage or waste shall be drained and placed in a non-
returnable plastic bag or wrapped and tied and placed in a container as
defined above.
4. Any sharp objects or broken glass shall be secured with material and
wrapped in a way so as not to pierce the wrapper.
5. Containers for collectible garbage or waste shall be placed for
collection in accordance with the following:
i.
highways with concrete curbs or in the Downtown Business
Improvement Area -- to be placed directly behind the curb.
ii.
highways with concrete sidewalks tightly abutting the curb
except in the downtown business improvement area -- to be
placed directly behind the sidewalk on property owner's side.
iii.
highways with boulevards between sidewalks and curbs -- to be
placed directly behind the curb.
iv.
public lane or alleyway -- to be placed as close as possible to
the edge of the lane or alleyway.
v.
Containers are to be no closer than five (5) feet from the travel
portion of the road.
6. Garbage or waste shall be placed in a suitable container the night
before the collection day.
7. The Town will publish an annual collection schedule which will contain
the descriptions of routes, dates for pick-up and holiday changes.
8. All bins, structures or buildings for the storage of collectible garbage or
waste shall at all times be maintained in a clean and sanitary condition
and constructed so as to prevent entry of rodents or insects.
C. HOUSEHOLD TRASH / WHITE GOODS / YARD WASTE:
1. For the purpose of collection of household trash, white goods and yard
waste the Town will publish an annual collection schedule which will
contain the dates for pick-ups, prescribed fees if applicable, and other
pertinent information.
D. RECYCLABLE MATERIALS / HAZARDOUS WASTE:
1. For the purpose of collection of Recyclable Material and Hazardous
Waste Essex Windsor Solid Waste Authority will be responsible for
setting out a schedule which will contain the dates for pick-ups.
2. Leaves and refuse shall not be raked or piled on the street except in
containers and such refuse shall not be burned.
E. OTHER SERVICES:
1. WOOD TRAILER: The Town will make available the use of the Town
owned wood trailer for the purpose of disposal of used and scrap
lumber. Particulars of the availability and prescribed fee, if applicable,
will be published in the annual collection schedule.
2. CHIPPER: The Town will provide the service of the Town owned
chipper for the purpose of disposal of small twigs and branches.
Particulars of the availability and prescribed fee will be published in the
annual collection schedule.
F. RESTRICTIONS:
1. No collectible garbage or waste or non-collectible garbage or waste
shall be placed on any property other than that upon which it is
generated or so located on the occupants property as to cause a public
nuisance to the adjoining property owner.
2. A passageway affording a convenient and unimpeded means of
access to the items to be collected pursuant to this by-law shall be
maintained and the passageway shall be of sufficient dimensions to
enable the employees of the Town or of its contractors, servants,
workmen and agents to load the items to be collected pursuant to this
by-law on the collection vehicles.
3. Collection of collectible garbage or waste may be refused for any
premises which in the opinion of the Town Superintendent present an
unsafe situation for employees or agents.
4. The Town may, in the exercise of any of its legal or statutory powers,
or in the implementing of any orders made by the Medical Officer of
Health remove and dispose of any garbage or other waste within the
Town and charge the costs incurred by the Town to the Owner of the
premises upon which the garbage or other waste was generated.
5. Any costs incurred by the Town pursuant to Section 208.2 of the
Municipal Act, R.S.O. 1990, c.M.45 as amended includes the power to
provide waste management services to the Town at the expense of the
owners and occupants of the land in the area, and impose upon that
land, according to its assessed value, a special rate to defray the
expense of the waste management services and may be collected or
recovered in the same manner as municipal taxes provided in Section
326 of the Municipal Act, RS.O. 1990, c.M.45 as amended.
6. Every person shall provide for the proper storage, collection and
disposal of non-collectible garbage or waste generated upon a
property of which that person is an owner.
7. No person shall deposit or permit the deposit of non-collectible
garbage or waste, yard waste, recyclable material, or household trash,
during regular collection dates as set out by the Town.
8. Through site plan control agreements, all new development shall be
responsible for the collection and disposal of collectible garbage or
waste generated by the new development.
9. Every person shall be responsible for the collection and disposal of any
non-collectible garbage or waste at a site as approved by the Ministry
of Energy and Environment for such garbage or waste in some method
other than collection by the Town.
10. No person shall pick over, interfere with, disturb, remove or scatter any
recyclable material, collectible garbage or waste, non-collectible
garbage or waste, bundle, article or any other item placed out for
collection whether contained in recycling receptacles, containers or
bundles, or otherwise placed for collection.
11. No person shall permit empty containers or receptacles, after the
contents have been removed, to remain on the boulevards, curbs, or
street for a period longer than midnight of the normal day of collection.
12. No person shall haul, conveyor transport through or upon any street
within the Town limits any collectible garbage or waste material or any
non-collectible garbage or waste material except:
i. in properly covered containers; or
ii. in vehicles totally enclosed; or
iii. in vehicles covered in canvas or tarpaulins, so fastened down
around the edges to prevent any of the contents from falling
upon the streets and to protect the same from flies and to
prevent the escape of any offensive odours.
G. ADMINISTRATION:
1. It shall be the duty of the By-law Enforcement Officer or Public Works
Manager to enforce the provisions of this by-law.
2. Interpretation of any of the definitions, provisions or restrictions
contained in this by-law shall be at the sole discretion of the Public
Works Manager of the Town.
3. Fees relating to this by-law will be updated from time to time in the
Town's "Fees By-law" pursuant to Section 220.1 of the Municipal Act,
RS.O. 1990, c.M.45 as amended.
H. PENALTY PROVISION:
1. Any person who violates any provision of this By-law or causes or
permits a violation shall be liable on conviction to a penalty not
exceeding $2,000.00 exclusive of costs for each offense and every
such penalty shall be recoverable under the provisions of the
Provincial Offenses Act.
I.
This by-law hereby repeals By-law-law 85-1999 and shall come into
force and effect upon the third reading and being.
READ A FIRST AND SECOND TIME THIS 26th DAY OF NOVEMBER, 2001.
READ A THIRD AND FINAL TIME AND PASSED THIS 26th DAY OF
NOVEMBER, 2001
MAYOR, Patrick M. O'Neil
ACTING CLERK, Linda Burling