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THE CORPORATION OF THE TOWNSHIP OF LARDER LAKE
BY-LAW NO 1217 - 08
Being a By-law to Provide for Maintaining Land in a Clean and Clear Condition
(Clean Yards By-Law)
Whereas pursuant to Sections 10(2) Clauses 5 & 6, 123, 127, 128, and 131 of the
Municipal Act S.O. 2001, c. 25 as amended, Council may pass By-Laws for requiring the
cleaning and clearing of yards, for prohibiting the depositing of refuse on private and
public lands; for prohibiting automotive wrecking yards and requiring removal or repair
of dilapidated fences and structures;
AND WHEREAS pursuant to Section 446 of the Municipal Act S.O. 2001, c.25, as
amended, a municipality may enact a by-law to require that a matter of thing be done and
in default, the matter of thing may be done by the municipality at the person’s expense
and further that the costs of doing so may be added to the tax rolls and collected in the
same manner as taxes;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF LARDER LAKE HEREBY ENACTS AS FOLLOWS:
Part 1
1. Definitions
In this By-law:
1.1 “Compost” means accumulated biodegradable waste;
1.2 “Township ” means the Township of Larder Lake.
1.3. “Domestic Waste” means any article, thing, matter or any effluent belonging to or
associated with a house or household, or concerning or relating to the home or
family that appears to be waste material; and for greater certainty, but not so as to
restrict the generality of the foregoing terms of this clause it is hereby declared that
domestic waste extends to the following classes of waste material:
a) Accumulations, deposits, leavings, litter, remains, rubbish, garbage, trash;
b) Refrigerators, freezers or other appliances, any attached hinges or latching,
locking or other closing mechanism or device;
c) Furnaces, furnace parts, fittings to pipes, water or fuel tanks;
d) _Inoperative motor vehicles and motor vehicle parts including but not limited
to tires, mechanical equipment, mechanical parts, accessories or adjuncts to
the motor vehicles and mechanical equipment.
e) Paper, cartons, fabrics or carpets;
f) Furniture
g) Crockery
h) Sewage
1.4 “High Risk Area” shall include but is not limited to standing and stagnant water
present in those locations listed in Schedule ‘A’.
1.5 “Hobby Vehicle” means a vehicle that is actively being repaired or restored as a
hobby for the owner/occupant of the property, a race car, or vehicle that by its
special nature is not routinely used or licensed but is intended to show or display on
occasion;
1.6 “Industrial Waste” means any article, thing, matter or any effluent belonging to
or associated with industry or commerce or concerning or relating to manufacture
or concerning or relating to any trade, business, calling or occupation that appears
to be waste material; and for greater certainty, but no so as to restrict the generality
of the foregoing terms of this clause it is hereby declared that industrial waste
extends to the following classes of waste material:
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1.7
1.8
1.9
1.10
a) Articles, things, matter or effluent, which in whole or in part or fragments
thereof, are derived from or are constituted from or consist of:
i. agricultural, animal, vegetable, paper, lumber, or wood products or
ii. mineral, metal, or chemical products,
iii. whether or not the products are manufactured or otherwise processed.
b) Inoperative motor vehicles and motor vehicle parts including but not limited
to tires, mechanical equipment, mechanical parts, accessories or adjuncts to
the motor vehicles and mechanical equipment.
c) Piping, tubing, conduits, cable and fittings or other accessories, or adjuncts to
the piping, tubing, conduits or cable.
d) Containers or pallets or any size, type or composition.
e) Materials resulting from, or as part of, construction or demolition projects.
f) Rubble, inert fill except loose soil, sand, gravel.
g) Bones, feathers, hides.
h) Sewage.
“Inoperative Motor Vehicle” means any unlicensed motor vehicle or any motor
vehicle having missing parts, including: tires, damaged or missing glass,
deteriorated or removed metal components, or anything which prevents its
mechanical function.
“Motor Vehicle” means commercial and industrial vehicles and equipment,
automobiles, motorized snow vehicles, off-road vehicles, motorcycles, all-terrain
vehicles, trailers, boats, marine equipment, farm equipment, construction
equipment and heavy machinery.
“Officer” means Municipal By-Law Enforcement Officer or designate, Property
Standards Officer and Peace Officers.
“Owner” Includes:
a) The person for the time being managing or receiving the rent of the
land or premises in connection with which the word is used, whether on the
person’s own account or as agent or trustee of any other person, or who
would so receive the rent if such lands and premises were let, and
b) A lessee or occupant of the property who, under the terms of a lease, is
required to repair and maintain the property.
“Person” in addition to its regular meaning, includes an individual, firm,
proprietorship, partnership, association, syndicate, trust, corporation, department,
bureau and agency or any director, officer, manager or person in charge of such
entity or the collecting of rent of any property, or any other person who is the
occupier of the property.
“Private drain” means a drain or sewer or part thereof situated on private
property.
“Sewage” includes grey water, any liquid waste containing human, vegetable, or
mineral matter, waste that is in suspension whether domestic or industrial or any
other waste whether in suspension or precipitated, but does not include roof water
or storm run-off.
“Standing and Stagnant Water” includes but is not limited to water that is void
of movement by either natural or artificial means and includes moisture or water
that may cause health hazards as identified by the Timiskaming Health Unit
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1.1.5 “Town” means the Corporation of the Township of Larder Lake.
1.1.6 “Waste Material” means garbage, refuse, debris and other material or effluent
(including domestic waste and industrial waste) that, in the opinion of the Officer,
a) Appears to have been cast aside or discarded or abandoned; or,
b) — Appears to be worthless or useless or of no particular value; or,
c) | Appears to be used up, in whole or in part, or expended worn out in
whole or in part.
Part 2 — Clean and Clear Yards
2.1 Every owner, lessee or occupant shall keep his ground, yards or vacant land
drained and clear of all garbage, waste material, refuse or domestic or industrial
waste of any kind;
2.2. For the purpose of subsection 2.1, “keeping clear” includes:
a) The removal of dead, decayed or damaged trees or other natural
growth and the branches or limbs thereof which create an unsafe condition in
relation to their environment;
b) The removal, trimming, or cutting of weeds, grass or ground cover more than
15 centimeters (6 inches) in height.
c) The removal of standing or stagnant water in high risk areas as noted in
Schedule ‘A’.
2.3 In determining compliance with Clause 2.1 due consideration shall be paid to the
distinction between groomed lawns and naturalized or underdeveloped areas
particular in relationship to the surrounding environment.
Part 3 — Unsafe or Hazardous Conditions
3.1 No Owner shall cause or permit an unfenced or unprotected pit, excavation or other
declivity which causes a safety hazard on their property.
3.2. No Owner shall permit any well which is unprotected or which the presence of
which creates a risk or accident or injury.
3.3. Fail to comply with an order to eliminate or correct standing or stagnant water.
Not limiting the foregoing, such order may include a direction to fill or drain off
the water or the treatment of the same with larvicide.
3.4 No Owner shall keep a swimming pool, hot tub, wading pool and artificial pond
unless it is maintained in good repair and working condition.
Part 4 — Litter
4.1. No person shall throw, place or deposit waste material on Township property
without the written authority of the Township.
Part 5 — Waste Disposal
5.1 No person shall use any land or structure within the Township for dumping,
burying or disposing of garbage, refuse, or domestic or industrial waste of any
kind.
5.2. Every Owner shall cover over or remove any garbage, refuse, domestic waste of
any kind in such a manner as may be prescribed in writing by the officer;
5.3. Without limiting the foregoing, Contractors are responsible to ensure the covering
over or removal of any garbage, refuse, domestic waste of any kind or industrial
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5.4
waste of any kind in such a manner as may be prescribed in writing by the officer
and in particular is to ensure that none of the waste migrates to adjacent properties.
Section 4.1 does not apply to:
a) Land or structures used by the Township used for the purpose of
dumping or disposing of garbage or refuse, or domestic or industrial waste,
or composting of organic materials;
b) — Land designated by by-law of the Township for the purpose of dumping or
disposing of garbage or refuse, or domestic or industrial waste, or
composting of organic material.
Part 6 — Compost
6.1
No Owner shall establish one or more compost heaps or structures except in the
accordance with the following:
a) | The compost heap or structure is for the sole use of the owner or
occupant of the property in which the compost is deposited;
b) The use of the compost heap or structure is limited to the disposal
of acceptable compostable material in accordance with standards established
by the Ontario Ministry of the Environment and local health authorities;
c) | The compost heap or structure is no larger than one square meter
and 1.8 meters in height.
d) The compost heap or structure shall not be located in any front yard as
defined in the Township Zoning By-Law and shall be located no closer than
2 meters from any side or rear property line;
e) | The compost heap or structure is enclosed on all sides by concrete
block, or lumber or similar structure or commercial plastic container
designed for composting;
Part 7 — Vehicles
hel
72.
Except as provided in the Township of Larder Lake Zoning By-Law and
amendments thereto or otherwise permitted by law, no person shall use any
land or structure in the Township of Larder Lake for storing used motor
vehicles for the purpose of wrecking or dismantling them or salvaging parts
thereof for sale or other disposal;
Clause 7.1 shall not apply to Owners who are actively restoring not more
than one vehicle and one hobby vehicle provided the vehicles are stored in
an enclosed structure or located in a manner so as to be screened from view
by neighboring residents or from adjacent roadways;
Part 8 — Notice of Remedy
8.1
An officer may, by personal service of by notice sent by registered post
served on the owner, lessee or occupant of the land or structure, require the
Owner within the time specified in the notice;
a) Toclean, clear or remove from the land or structure waste material or
domestic or industrial waste of any kind;
b) To cease using the land or structure of the dumping or
disposing of waste material or domestic or industrial waste of any kind;
c) To cover over, screen or enclose the waste material or the domestic or
industrial waste in the manner prescribed by the officer;
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d) To repair, alter or re-route private or public drains;
e) To correct or eliminate any standing or stagnant water particular in high
risk locations identified in Schedule ‘A’;
f) To provide for the sanitary disposal of sewage and drainage from the land
or structure;
g) To pull down, repair or renew any structure (including but not limited to
fences and retaining walls: that by reason of its ruinous or dilapidated state
is in an unsafe condition,
8.2 Every notice sent by the officer shall identify the land or structure.
8.3. Every notice shall to an owner or lessee shall be sent to the address shown on the
last revised assessment roll or to the last known address.
8.4 Every notice sent to an occupant shall be to the address of the land or structure or
to the last known address of the occupant.
8.5 With the exception of matters which pose an immediate risk to public health and
safety, notice shall provide for 14 days from the date of service of the notice, for
the completion of the works outlined in the notice.
8.6 When there is an immediate risk to public health and safety, the notice may require
immediate action or remediation.
Part 9 — Right of Entry
9.1 Where the Township has a power of entry under the said Act, the power shall be
exercised by an Officer of the Township who may be accompanied by a person
under his/her direction.
9.2 The Municipality, for the purpose of inspection and/or remedial action, may enter
upon the land and into structures other than a place actually used as a dwelling
house, at any reasonable time, without notice.
9.3 A person exercising power of entry on behalf of the Township under this Act must,
on request display or produce proper identification.
Part 10 — Remediation
10.1 Where the owner is default of doing any matter of thing directed or required to be
done under this by-law, an officer may direct the completion of such at the owner’s
expense.
10.2 Where any matters of things are removed in accordance with Subsection 10.1, such
matters or things may be immediately disposed of by the officer.
10.3. The Town may recover the remedial action cots incurred under Subsection 10.1 by
action, or by adding them to the tax roll and collecting them in the same manner as
taxes in accordance with Section 446 of the Municipal Act.
10.4 The Township may, prior to recovering costs incurred in Subsection 10.1 pursuant
to Section 446 of the Municipal Act by adding costs to the Municipal Taxes,
invoice owners requesting voluntary payment of said remedial action costs.
Part 11 — Offences
11.1 Every person convicted of a breach of the provisions of this by-law shall be guilty
of an offence.
11.2 Every person who is convicted of an offence under this by-law shall be subject to a
fine of not more than five thousand dollars ($5,000.00) for each offence. Such
fines shall be recoverable under the Provincial Offences Act, R.S.O. 1990, Chapter
P.22, as amended.
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Part 12 — Penalties
12.1 The provisions of this by-law may be enforced pursuant to the provisions of the
Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended, and where any
provision of this by-law is contravened and a conviction entered, in addition to any
other remedy and to any other penalty may also be prohibited from continuing or
repeating the offence in accordance with the provisions of s444 of the Municipal
Act §.O. 2001, ¢.25, as amended.
12.2 Every person who is guilty of an offence under this by-law may, if permitted under
the Provincial Offences Act RSO 1990, c. P.33, as amended, pay a set fine, and the
Chief Judge of the Ontario Court, Provincial Division, shall be requested to
establish set fines as set out in Section ‘B’ to this By-Law.
Part 13 — Obstruction
13.1 In accordance with the provisions of the Municipal Act S.O. 2001, ¢.25, as
amended, Section 426(1), no person shall hinder, interfere with or otherwise
obstruct, either directly or indirectly, an officer, employee of the Township and/or
agent in the lawful exercise or power or duty under this by-law.
Part 14 — Township No Liable
14.1 The Township assumes no liability for property damage or personal injury resulting
from remedial action or remedial work undertaken with respect to any person or
property that is subject of this by-law.
Part 15 — Validity and Severability
15.1 Should any section, subsection, clause, paragraph or provision of this by-law be
declared by a Court of competent jurisdiction to be invalid or unenforceable, the
same shall not affect the validity of the enforceability of any other provision of this
by-law, or of the by-law as a whole.
Part 16 — Separate Offence
16.1 For the purpose of this by-law, each day of a continued offence shall be deemed to
be a separate offence.
Part 17 — Short Title
17.1 The short title of this by-law is the Clean Yards By-Law.
READ A FIRST, SECOND and THIRD TIME in open Council, and finally passed this
the 27" day of May, 2008.
Clerk-Treasurer
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Clean Yards By-Law #1217-08
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Schedule ‘A’
High Risk Locations
Clean Yards By-Law # 1217 -08
Birdbaths
Boat Covers
Eave Trough and Rain Gutters
Excavations capable of holding standing water
Empty buckets, wheelbarrows and pots
Flat top roofs
Vehicle Tires
Abandoned Wells
Pool Cover
Plastic containers and bottles
Rain Barrels
Uncut grass and weeds
Untrimmed shrubs, bushes and hedges
Unused motor vehicles and similar vehicles and trailers
Yard waste and debris
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Clean Yards By-Law #1217-08
Township of Larder Lake
Part 1 — Provincial Offences Act
Schedule ‘B’ By-Law # 1217 — 08
Clean Yards By-Law
Item # Column 1 Column 2 Column 3
Short Form Wording Provision Creating Set Fine
or Defining Others
l Fail to keep ground, yards or 2.1 $110
vacant land drained and clear
of all garbage, waste material,
refuse or domestic or industrial
waste of any kind.
2 Fail to comply to with an order to 3.3 $110
eliminate or correct standing or stagnant
water.
3 Litter on Township of Larder Lake 4.1 $110
property.
4 Dumping, burying, or disposing of S.1 $110
refuse, domestic or industrial waste
on any Township of Larder Lake
property.
5 Storing used motor vehicles for 7.1 $110
wrecking or salvage anywhere
within the Township of Larder Lake.
6 Obstructing Officer or Agent in the 13.1 $110
Lawful exercise or power of duty.
Note: The general penalty section for the offences indicated above is Part 11.2 of By-Law
# 1217-08. A Certified copy of which has been filed.
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