This is the exact embedded text of the captured official document.
Snapshot d9f5e39363ae · verified 2026-10-18 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE CORPORATION OF THE TOWN OF KINGSVILLE
BY-LAW 62-2025
Being a By-law to Regulate and Govern
Yard Maintenance in the Town of Kingsville
Whereas Sections 8 and 9 of the Municipal Act, 2001, S.O. 2001 c. 25, as
amended, (the "Municipal Act") provides that a municipality has the capacity,
rights, powers and privileges of a natural person for the purpose of exercising
the authority conferred upon a municipality to govern its affairs as it considers
appropriate;
And whereas Section 11(2)(6) of the Municipal Act provides that a lower tier
municipality may pass by-laws respecting the health, safety, and well-being
of persons;
And whereas Section 127 of the Municipal Act provides that a local
municipality may regulate when and how an Owner or occupant of land may
be required 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 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 or
cause public nuisances;
And whereas Section 131 of the Municipal Act provides that a local
municipality 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 391 of the Municipal Act provides that a municipality
may impose fees or charges on persons for services or activities provided or
done by or on behalf of it;
And whereas Section 436 of the Municipal Act provides that a municipality
may pass by-laws providing that a municipality may enter on land at any
reasonable time for the purpose of carrying out an inspection to determine
whether or not there is compliance with a by-law, a direction or order, or a
condition of a licence issued by the municipality;
And whereas Sections 445 and 446 of the Municipal Act respectively,
provides for the municipality to make an order requiring a person who
contravenes a by-law or who causes or permits the contravention or the
Owner or occupier of land on which a contravention occurs to discontinue the
contravening activity or do work to correct a contravention;
And whereas it is deemed desirable to pass a by-law for the maintenance of
land to prevent a nuisance or public health and safety hazard;
Now therefore The Council of the Corporation of the Town of Kingsville
enacts as follows:
Definitions
1. In this By-law:
"Accessory Structure" means a detached structure that is secondary to
the main Building on the Property, serving a purpose incidental to the
principal use of the Property;
"Building" means any structure greater than 108 square feet, whether
temporary or permanent, used or intended for sheltering any use or
By-law 62-2025
Page 2 of 8
occupancy, but shall not include a fence, travel trailer, camping trailer,
truck camper, motor home or tent;
"Deposit" means throw, place, blow or set down;
"Dwelling" means a Building, occupied or designed to be occupied,
exclusively as a home, residence or sleeping place by one or more
Persons;
"Ground Cover" means plants or shrubs characteristically forming an
extensive dense growth close to earth;
"Highway" means a common and public right of way, street, road,
highway or common way vested in the Town, the county, the province or
any other public authority having jurisdiction over the same and includes
a bridge, sidewalk, or any other structure in the public right of way, or part
thereof;
"Hot Tub" means a tub filled with hot aerated water used for recreation or
physical therapy, and includes the type of pools commonly referred to as
whirlpool, swim spa, jacuzzi, spa, or hydro-massage pool;
"Inoperative Vehicle" means a licensed or unlicensed vehicle having
missing bodywork, components or parts, including tires or damaged
components, parts, bodywork, glass or deteriorated or removed adjuncts,
which prevent its mechanical function, and includes both a motor and
electric vehicle that does not have affixed to it a valid licence plate;
"Means of Egress" means a continuous, unobstructed path from any
point in a Building to a place of safety, such as an open public
thoroughfare;
"Noxious Weed" means weeds designated under the Weed Control Act
including any weed designated as a local or noxious week under a by-law
of the Town passed under the Municipal Act;
"Officer" means any employee, officer or agent of the Town who is
appointed and/or retained to enforce the by-laws of the Town, including
the Supervisor of By-law Enforcement, Chief Building Official, Building
Inspectors, Property Standards Officers, and By-law Enforcement
Officers;
"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);
"Occupant" means any person(s) eighteen (18) years of age or older in
possession of the Property;
"Person" means an individual, firm or corporation, or any group or
association of individuals;
"Property" means any real Property within the geographical boundaries
of the Town of Kingsville, and "Lot" shall have a corresponding meaning;
"Refuse" means any article, thing, matter, substance or effluent that is or
appears to be: cast aside, discharged or abandoned, discarded from its
usual and intended use, used up in whole or in part or is expended or
worn out in whole or in part, belonging to or associated with a house or
household or any industry, trade or business, including but not limited to:
i.
grass clippings, weeds, tree and garden cuttings, brush,
leaves and garden waste;
By-law 62-2025
Page 3 of 8
ii.
paper, cardboard, clothing, lumber, metal or wood products;
iii.
household appliances and furniture;
iv.
inoperable vehicles, vehicle parts and accessories,
mechanical equipment, trailers; and
v.
materials resulting from, or as part of, construction or
demolition projects, such as piping, tubing, conduits, wires,
or other accessories;
"Shipping or Storage Container" means an industrial, standardized,
reusable vessel designed for the temporary movement and storage of
goods;
"Swimming Pool" means any manmade structure that may be used to
contain water for the purpose of swimming, wading or bathing purposes,
but shall not include a manmade pond, an irrigation lagoon that is used
for agricultural purposes, a temporary excavation below the water table, a
portable wading pool that is emptied after each use, or a Hot Tub;
"Town" means The Corporation of the Town of Kingsville;
"Untraveled Portion of Highway" means the portion of highway
adjacent to the roadway/ shoulder including the ditch, grassy boulevard,
and the sidewalk.
"Zone" means an area delineated on a map schedule of the Town's
Comprehensive Zoning By-law, as amended or replaced from time to
time, and "Zoned" shall have a corresponding meaning.
Scope
2. This By-law shall apply to all Persons and Property within the geographic
boundaries of the Town including Occupants and Owners of Property.
3. This By-law does not apply to the Town, the Corporation of the County of
Essex, and the Essex Region Conservation Authority.
Grass, Weeds and Ground Cover
4. Every Owner of Property in every primary and secondary settlement area,
as shown as the shaded area on the attached map, shall ensure the
grass, weeds and Ground Cover on their Property are trimmed or cut to a
height of 25 centimeters (10 inches) or less.
5. Every Owner of Property shall destroy and remove Noxious Weeds.
Trees and Landscaping
6. Every Owner of Property shall ensure that the yard is kept free of dead,
decayed or damaged trees or other natural growth, and the branches or
limbs thereof which create an unsafe or unsightly condition.
7. Every Owner of Property shall ensure that all dead, diseased or decaying
hedges, plantings, trees, or other landscaping which may be a hazard in
the opinion of the Officer be removed or returned to a healthy condition.
8. Every Owner of Property shall ensure hedges, shrubs, trees and other
landscaping on a Property shall be maintained in a healthy condition that
is not unreasonably overgrown, in the opinion of the Officer, and does
not:
a. interfere with or adversely affect the health and safety of the public;
b. wholly or partially conceal or interfere with the use of any public
infrastructure;
c. obstruct a Means of Egress from a Property or Dwelling.
By-law 62-2025
Page 4 of 8
Refuse
9. Every Owner of Property shall keep their land free and clear of Refuse.
10. No Person shall Deposit any Refuse on private Property or Town-owned
Property.
11. No Person shall Deposit leaves, grass clippings, dirt, or snow on a
Highway, sidewalk, Town-owned Property or on private Property unless
permission has been granted by the private Property owner.
12. Every Owner or Occupant of Property shall maintain the Property free
from rodents, vermin or other pests and free from conditions that may
attract such.
Non-Applicability to Agricultural Operations
13. Notwithstanding Sections 4 to 12 of this By-law, nothing in these sections
shall be deemed to prevent a farm, meeting the definition of "agricultural
operation" under the Farming and Food Protection Act, 1998, S.O. 1998,
c.1, as amended, from carrying out a "normal farm practice" as defined by
that Act.
Maintenance of Abutting Untravelled Portion of Highway
14. Every Owner of Property shall ensure that the Untravelled Portion of
Highway abutting their residential home on their Property be kept free of
Refuse and shall ensure that grass and Ground Cover is trimmed or cut
to a height of 25 centimetres (10 inches) or less and shall ensure that
weeds are removed or destroyed.
Inoperative Vehicles and Machinery
15. No Person shall keep Inoperative Vehicles or parts thereof upon a yard.
Vehicles lacking current valid license plates shall be parked or stored only
within an enclosed private garage or other buildings on the Property that
is properly Zoned by the Town to permit that use.
16. Every Owner of Property, including vacant Lots, shall ensure every yard
is kept clean and free from unusable, wrecked, dismantled, discarded or
partially dismantled or abandoned appliances, machinery, boats, vehicles,
trailers or parts thereof.
17. Notwithstanding Section 15 of this By-law, inoperative agricultural
machinery and inoperative agricultural vehicles may be kept on a
Property Zoned agricultural, provided that the inoperative agricultural
machinery or inoperative agricultural vehicles are neatly placed or
arranged so as not to create a safety or health hazard to Persons on the
Property, in the opinion of the Officer.
18. No Person shall use any Property in the Town for storing Inoperative
Vehicles for the purpose of wrecking or dismantling them or salvaging
parts thereof for sale or other disposal including for purposes of repairing
other vehicles except where appropriately Zoned by the Town to permit
that use.
Standing Water
19. Every Owner of Property shall ensure that any depression in or on the
yard is kept free of standing water and that all depressions do not hold
standing water for a period of more than four (4) days, under normal
weather conditions.
20. Every Owner of Property shall maintain Swimming Pools, Hot Tubs, and
artificial ponds in good repair and working condition.
By-law 62-2025
Page 5 of 8
21. Notwithstanding Section 20 of this By-law, every Owner of Property shall
take all necessary steps to prevent or remove standing water when a
Swimming Pool is not open and operational.
Temporary Storage Containers
22. No Person shall use any Property for the storage of Shipping or Storage
Containers unless appropriately Zoned by the Town to permit that use
and all applicable building permits have been obtained.
23. Notwithstanding Section 22 of this By-law, temporary use of Shipping or
Storage Containers is permitted where:
a. there is no more than one (1) such container on a Property at a
time;
b. it is not present on the Property for more than sixty (60) days; and
c. it is not deemed unsafe or unhealthy in the opinion of the Officer.
Enforcement
24. The provisions of this By-law may be enforced by an Officer.
25. In accordance with Section 436 of the Municipal Act, an Officer may enter
on land, and into buildings, at any reasonable time for the purpose of
carrying out an inspection to determine whether any provision of this By-
law or an order made under this By-law is being complied with.
26. For the purpose of conducting an inspection pursuant to this By-law, an
Officer may:
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 from any Person concerning a matter related to
the inspection; and
d. alone, or in conjunction with a Person possessing special or expert
knowledge, make examinations or take tests, samples or
photographs necessary for the purpose of the inspection.
27. If an Officer is satisfied that a contravention of this By-law has occurred,
the Officer may make an order requiring a Person to discontinue the
contravening activity or to do work to correct the contravention.
28. An order made under this By-law shall set out the following:
a. reasonable particulars of the contravention adequate to identify the
contravention;
b. the location of the land on which the contravention occurred;
c. the work to be completed; and
d. the date(s) by which there must be compliance with the order.
29. An order under this By-law may require work to be done even though the
facts which constitute the contravention of the By-law were present before
this By-law came into force.
By-law 62-2025
Page 6 of 8
30. An order under this By-law may be served Personally, or by registered
mail to the address of any Person on file with the Town, or by posting the
notice on the land in a conspicuous place.
31. Where an order made under this By-law has not been complied with
within the time prescribed, an Officer and/or any authorized agent acting
on behalf of the Town may enter onto the Property at any reasonable time
and carry out the work described in the order.
32. No Person shall prevent, hinder or obstruct, or attempt to hinder or
obstruct an Officer who is exercising a power or performing a duty under
this By-law.
Recovery of Costs
33. Where the Town has carried out the work pursuant to Section 31 of this
By-law, the expenses incurred by the Town in completing the work, in
addition to any other remedy, may be added to the tax roll for the
Property and collected in the same manner as municipal taxes, including
any fee prescribed in the Town's Fees and Charges By-law in effect at
the time.
Penalty
34. Every Person who contravenes any of the provisions of this by-law is
guilty of an offence and shall, upon conviction thereof, pay a fine as
provided for in the Provincial Offences Act, R.S.O. 1990, c.P.33, as
amended, exclusive of costs.
35. A director or Officer of a corporation who knowingly concurs in the
contravention of this By-law by the corporation is guilty of an offence and
is liable to a fine, and such other penalties, in accordance with the
Municipal Act, as amended.
36. If a Person is convicted of an offence under this By-law, in addition to any
other remedy or any penalty imposed, the court in which the conviction
has been entered, and any other court of competent jurisdiction, may
make an order:
a. prohibiting the continuation or repetition of the offence by the
Person convicted; and
b. requiring the Person convicted to correct the contravention in the
manner and within the period that the court considers appropriate.
Interpretation
37. This By-law shall be known as the "Yard Maintenance By-law".
38. If any section, subsection, schedule, appendix or part, or parts of this By-
law are declared by any Court of Law to be invalid, illegal or ultra vires,
such section, subsection, schedule, appendix or part, or parts shall be
deemed to be severable, and all parts hereof are declared to be separate
and independent and enacted as such.
39. If there is a conflict between the provisions of this By-law and any other
by-law of the Town in force or a provincial or federal statute or regulation,
the more restrictive provisions shall apply.
40. Headings are inserted for ease of reference only, form no part of this By-
law, and shall have not affect in any way the meaning or interpretation of
the provisions of this By-law.
By-law 62-2025
Page 7 of 8
Repeal
41. By-law 83-2015 and all amendments thereto are hereby repealed upon
the coming into force of this By-law.
Enactment
42. That this By-Law comes into force and takes effect on the day of the final
passing thereof.
Read a first, second and third time and finally passed this 3rd day of
November, 2025.
Mayor, Dennis Rogers
Acting Clerk, Angela Toole
By-law 62-2025
Page 8 of 8
O
OFFICE OF THE REGIONAL SENIOR JUSTICE
ONTARIO COURT OF JUSTICE
WEST REGION
80 DUNDAS STREET, 10th FLOOR, UNIT L
LONDON, ONTARIO N6A 6A8
CABINET DU JUGE PRINCIPAL RÉGIONAL
COUR DE JUSTICE DE L'ONTARIO
RÉGION DE L'OUEST
80, RUE DUNDAS, 10e ÉTAGE, UNITÉ L
LONDON (ONTARIO) N6A 6A8
TELEPHONE/TÉLÉPHONE (519) 660-2292
FAX/TÉLÉCOPIEUR (519) 660-3138
December 12, 2025
Town of Kingsville
Greetings,
Re: Set Fines - Provincial Offences Act - Part 1 By-law 62-2025, Yard
Maintenance By-Law
Enclosed herewith is the Part 1 original Order and original schedule of set fines for
the above referenced Bylaw, the Bylaw indicated in the schedules.
The setting of the fines does not constitute my approval of the short form of wording
used to describe the offences.
Please ensure that a copy of the said documents is forwarded to your local
Provincial Offences Court together with a certified copy of the Bylaw.
Yours truly,
M. Edward Graham
Regional Senior Justice
Ontario Court of Justice
Encl.
/tz
ONTARIO COURT OF JUSTICE
PROVINCIAL OFFENCES ACT
PART I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and
the rules for the Ontario Court of Justice that the amount set opposite each
of the offences in the schedule of offences under the Provincial Statutes
and Regulations thereunder and By-law 62-2025 of the Town of Kingsville
attached hereto are the set fines for those offences. This Order is to take
effect December 12, 2025.
Dated at London this 12th day of December 2025.
M. Edward Graham
Regional Senior Justice
Ontario Court of Justice
Town of Kingsville
Part I Provincial Offences Act
By-law 62-2025: Yard Maintenance By-law
Page 1 of 1
Item
Column 1
Short Form Wording
Column 2
Provision
Creating or
Defining
Offence
Column 3
Set Fine
1
Fail to maintain (grass)(weeds)(Ground
Cover) below maximum height
s. 4
$500.00
2
Fail to (destroy)(remove) Noxious
Weeds
s. 5
$500.00
3
Fail to maintain (trees)(natural growth)
s. 6
$500.00
4
Fail to remove dead or damaged
(hedges)(plantings)(trees)
(landscaping)
s. 7
$500.00
5
Fail to maintain (hedges)(shrubs)
(landscaping)
s. 8
$500.00
6
Fail to keep land free of Refuse
s. 9
$500.00
7
Deposit Refuse on (private)(Town-
owned) property
s. 10
$500.00
8
Deposit (leaves)(grass clippings)(dirt)
(snow) on (Street)(sidewalk)(Town-
owned property)(private property)
s. 11
$500.00
9
Fail to maintain property free of
(rodents)(vermin)(pests)
s. 12
$500.00
10
Fail to maintain Untravelled Portion of
Highway free of Refuse and grass
below maximum height
s. 13
$500.00
11
Keep Inoperative Vehicles on Yard
s. 15
$500.00
12
Fail to maintain property free of
discarded (appliances)(machinery)
(boats)(vehicles)(trailers)
s. 16
$500.00
13
Store Inoperative Vehicle for
(wrecking)(dismantling)(salvaging)
s. 18
$500.00
14
Fail to keep depression free of
standing water
s. 19
$500.00
15
Fail to maintain (Swimming Pool)(Hot
Tub)(artificial pond) in good repair
s. 20
$500.00
16
Store Shipping or Storage Container
without authorization
s. 22
$500.00
17
(Prevent)(hinder)(obstruct) Officer
from (exercising a power)
(performing a duty) under this By-law
s. 32
$1,000.00
NOTE: The penalty provision for the offences indicated above is Section 34 of By-law
No. 62-2025, a certified copy of which has been filed.