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BY-LAW NO. 2018-92
A BY-LAW TO PROVIDE FOR THE MAINTENANCE OF
LAND IN THE TOWN OF LINCOLN, KNOWN AS THE
CLEAN YARDS BY-LAW, AND REPEAL BY-LAW 2018-
50
WHEREAS Section 127 of the Municipal Act, S.O. 2001, c. as amended, provides
that a local municipality may require an owner or occupant of land to clean and clear
the land, not including buildings, or to clear refuse or debris from the land, not
including buildings; to regulate when and how such matters shall be done; to prohibit
the depositing of refuse or debris on land without the consent of the owner or
occupant of the land; and to define refuse.
AND WHEREAS Section 128 of the Municipal Act, S.O. 2001 , c. 25, as amended,
provides that a local municipality may prohibit and regulate with respect to the public
nuisances, including matters that, in the opinion of Council, are or become public
nuisances;
AND WHEREAS Section 131 of the Municipal Act, S.O. 2001 , c. 25, as amended,
provides that a local municipality may 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 8, 9 and 11 of the Municipal Act, S.O. 2001, c. 25, as
amended, provides that a municipality may pass by-laws respecting, inter alia, waste
management, drainage, flood control, structures and the health, safety and well-
being of the inhabitants of the municipality;
AND WHEREAS Section 446 of the Municipal Act, S.O. 2001 , c. 25, as amended,
provides that where a municipality has authority by by-law or otherwise, to direct that
a matter or thing be done, the municipality may direct that, in default of it being done
by the person required to do it, such matter or thing be done by the municipalig at
the person's expense and the municipality may recover the expense incurred by
action or by adding the cost to the tax roll and collecting the cost in the same manner
as taxes;
AND WHEREAS the Council of the Corporation of the Town of Lincoln desires to
pass a by-law;
(a) For ensuring the maintenance of yards and lands by owners and occupants;
(b) For ensuring the proper drainage of water and sewage;
(c) For prohibiting standing water on lands;
(d) For prohibiting the keeping of domestic and industrial waste on lands;
(e) For prohibiting littering on public and private land;
(f)
For regulating the salvage of vehicles and their components;
(g) For the limiting or eliminating of nuisances, including graffiti;
(h) For the limiting and eliminating of other unhealthy practices and conditions
arising from litter, refuse, neglect, improper drainage and standing water; and
(i)
Regulating the outdoor storage of materials on yards.
AND WHEREAS Council considers that reasonable notices of this by-law has been
given, including notice of the holding of a public meeting on March 8,2018;
NOW THEREFORE Council of the Corporation of the Town of Lincoln enacts as
follows:
1.
DEFINTIONS
1
ln this by-law:
1.1
"Agricultural Operation" means an agricultural operation as defined by the
Farming and Food Production and Protection Act, S.O. 1998, c. 1. As
amended;
1.2. "Chief Building Official" means the Chief Building Official appointed by Council
under the Building Code Act, S.O. 1992, c.23 as amended, or the person who
is appointed to act in the capacity during his or her absence;
1.3. "Composting" means the biological decomposition of organic materials by
micro-organisms under controlled, aerobic conditions to a relatively stable
humus-like material;
1.4. "Debris" means any material whatsoever capable of holding water and without
limiting the generality of the foregoing includes tires, cars, boats, garden
fixtures and containers of any kind;
1.5. "Domestic Waste" means any debris, rubbish, refuse, sewage, effluent,
discard or garbage arising from residential use, belonging to or associated
with a house or use of a house or residential land, 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 on land due to exposure or the weather;
1.6
"Graffiti" means one or more letters, symbols, figures, etching, scratches,
inscriptions, stains, or other markings that disfigure or deface a structure or
thing, howsoever made or otherwise affixed on the structure or thing but does
not include:
(a) A sign or public notice authorized by the Town of Lincoln or by
Provincial or Federal Legislation; or
(b) ln the case of private property, real or personal, any one or more
letters, symbols, figures etching, scratches, inscriptions, stains or other
markings authorized by the owner of the property upon which the
letters, symbols, figures, etching, scratches, inscriptions, stains, or
other markings appear, that, in the opinion of the Officer, does not
contribute to the unsightly nature of the property.
1.7
"lndustrial Waste" means any debris, rubbish, refuse, sewage, effluent
discard, or garbage of a type arising from industrial, manufacturing,
commercial or construction operations or belonging to or associated with an
industry or commerce or industrial or commercial land, which for greater
certainly includes all garbage, discarded material or things, broken or
dismantled things, and materials or things exposed to the elements,
deteriorating or decaying on the land due to exposure to the weather, and for
even greater certainly "industrial waste" includes but is not limited to the
following classes of material regardless of the nature or condition of the
material, article or thing:
(a) Debris, discarded things or matter, or effluent which in whole or in part
are derived from or are constituted from or consist of,
(i)
Animal or vegetable matter, lumber or wood; or
(ii) Mineral, metal or chemicals, or fill contaminated with
petrochemical or petroleum products;
(b) Piles of miscellaneous plastic, wood or metal parts, or combinations of
such materials;
(c) Automotive parts not packaged for immediate shipment, inoperative
vehicles, vehicle parts including tires, inoperative mechanical
equipment, mechanical parts, accessories or adjuncts to the vehicles
and mechanical equipment not contained in a legal salvage yard;
(d) Piping, ducting, tubing, conduits, cable, wire and fittings or related
accessories with or without adjuncts, and not packaged for immediate
shipment;
2
(e)
(f)
(g)
(h)
(i)
0)
(k)
Material resulting from or as part of construction, demolition, repair or
renovations projects including Debris and leftovers;
Rubble or fill;
Sewage;
Ashes;
Dust emanating from the operation of the enterprise;
Broken bricks, concrete or asphalt; and
lndustrial Waste as defined by this by-law does not cease to be
industrial waste by reason only that it may be commercially saleable or
recyclable.
1.8. "lnspect" means to visually examine and view closely in critical appraisal, but
such inspection does not include physical entry onto land or private propefi
except where such physical entry is expressly granted by statute or in
accordance with law or othenrise by an Owner or an Occupant of land or
private property;
1.9. "lnoperative Motor Vehicle" means and includes any motor vehicle other than
a motor vehicle which is currently licensed, and operable and regularly driven
by an owner or occupant of the propefi on which it is stored, unless it is
permitted for the operation of a business enterprise lavyfully situated on the
property;
1.10. "Motor Vehicle" means a motor vehicle as defined by the Highway Traffic Act,
R.S.O. 1990, c.H.8, as amended;
1.11. "Naturalized Area" means a portion of a lot or yard containing vegetative
growth which may or may not have been previously maintained by the owner,
which has been allowed to, or has been deliberately implemented to, re-
establish a reproducing population of native species, through natural
regeneration and/or deliberate plantings of species or other species to
emulate a natural area other than regularly mown grass.
1.12. "Occupant" means any person or persons over the age of 18 years in
possession of the land;
1.13. "Officei' means a Municipal By-law Enforcement Officer, Chief Building
Official, Deputy Chief Building Official, Building lnspector, Fire Chief, Deputy
Fire Chief, Fire Prevention Otficer, firefighter or health inspector or other
person appointed or employed by the Town for the enforcement of by-laws
and includes a police officer;
1.14. "Ordei' means any notice of non-compliance issued under this by-law;
1 .15. "Owner" includes
(a) Both the owner and the beneficial owner of land;
(b) The person tor the time being managing or receiving 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, who
would receive rent if the land and premises were let; and
(c) A lessee or occupant of the land who manages or controls the
condition of the land;
1.16. "Private Drain" means a drain or part thereof situated on private property;
1.17. "Refuse" means any article, thing, matter, substance or effluent that:
(a) Has been cast aside, discharged, abandoned, or
(b) ls disused from its usual and intended use, or
(c) ls used up, in whole or in part, or expended or worn out, in whole or in
part and
(d) Shall include domestic and industrial waste;
3
1.18. "Region" means the Regional Municipality of Niagara;
1.19. "Residential Lands" means any lands which are appurtenant to and used or
associated with a dwelling;
1.20. "Sewage" includes any liquid waste containing human, vegetable or mineral
matter or 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 runoff;
1.21. "Standing Watef' means any water, other than Treated Water or a natural
body of water that exists on a permanent basis or is contained within a
municipally owned stormwater management facility, that is found either on the
ground or in Debris as defined by this by-law;
1.22. "Town" means the Corporation of the Town of Lincoln or the geographic area
of the municipality, as the context requires;
1.23. "Treated Water" means water that has been treated with a larvicide or
otherwise so as to minimize any potential health, safety or medical hazard to
any person and shall include water which is continuously passed through a
filter system to remove contaminants or water which is continuously circulated
by mechanical means;
1.24.
1.25.
1.26.
1.27.
1.28.
"Turf Grass" means ground cover comprised of one or more species of
growing grass with or without trees, shrubbery or maintained planting beds for
other vegetation, which for greater certainty includes lawns;
"Used Motor Vehicles" means a Motor Vehicle other than a Motor Vehicle
which has a valid permit and is operative and driven on a regular basis;
"Vehicle" includes a Motor Vehicle, trailer, boat, motorized snow vehicle and
any mechanical equipment designed to be drawn, propelled or driven by any
type of power, including muscular power;
'Watercourse" means an identifiable depression in the ground in which a
natural flow of water occasionally, regularly or continuously flows.
"Weed" means a weed designated by or under the Weed Control Act, R.S.O.
1990, c. W.5, including any weed designated as a local or weed under a by-
law of the Town under that Act.
2.
LAND MAINTENANCE
2.1
Every Owner or Occupant of land shall keep vegetation on the land clean and
cleared up of Weeds.
2.2
Every Owner or Occupant of land shall keep vegetation in Turf Grass areas
(lawns) cleaned and cleared up. For the purposes of Subsection 2.1, clean
and cleared up means:
(a) The removal of Weeds;
(b) The cutting of grass so that it is maintained at a height of not more than
20 centimetres;
2.3. Every Owner or Occupant of land shall keep vegetation in Naturalized Areas
cleaned and cleared up. For the purposes of Subsection 2.3, clean and
cleared up means:
(a) ln a Naturalized Area on a residentially used parcel abutting another
residential parcel, the cutting of vegetation other than trees or
4
shrubbery so that its height is maintained below 20 centimetres along a
minimum one metre wide strip immediately adjacent to the lot lines and
along all boundaries of the whole yard, lot or parcel of land which strip
is herein called a "buffer strip; or
(b) In a Naturalized Area other than an area described by Subsection
2.3(c) the cutting of vegetation other than trees or shrubbery, so that its
height is maintained below 20 centimetres, along a minimum ten-
metre-wide strip immediately adjacent to the lot line where the lot line
adjoins a roadway or an occupied property, which strip is herein called
a "perimeter strip".
(c) The removal of Weeds from all Naturalized Areas, buffer strips and
perimeter strips.
2.4
A Naturalized Area with a perimeter strip maintained in compliance with
Subsection 2.3(b) is exempt from the provisions of subsection 2.3(c) insofar
as the Weeds within the Naturalized Area comply with the Weed Control Act
and do not affect any Agricultural Operation. This exemption does not include
Giant Hogweed nor any other Weed,
2.5. For the purpose of Section 2, every person shall ensure that Weeds are
destroyed by the following means:
(a) Pulling or otherwise removing the plants from the soil;
(b) Cutting the roots or stalks of the plants before the seeds have dwelt
sufficiently to ripen after cutting;
(c) Turning the soil in which, the plants were growing so as to kill the
Weeds; or
(d) In the case of poison ivy, treating it with a herbicide that causes the
plants to be destroyed, or which prevents the growth of plants or the
ripening of their seeds, provided that nothing in this clause authorizes
the use of any herbicide contrary to any other law in force in Ontario.
2.6
Subsections 2.1 through 2.4 of this by-law, do not apply to any Agricultural
Operation.
3.
DRAIN MAINTENANCE
3.1
Every Owner or Occupant of land on which there is a Private Drain shall keep
the drain operational and in good repair;
3.2. No person shall obstruct or cause to permit the obstruction of a Private Drain
on land, provided only that the subsequent connection of the land's private
Sewage system to the municipal sanitary sewer in a manner approved by the
Town, shall be permitted as a replacement to the private sanitary drain.
3.3. No person shall obstruct or cause to permit the obstruction of a Watercourse
on any land.
4.
STANDING WATER
4.1. No person shall keep a swimming pool, hot tub, wading pool or artificial pond
or pool unless it is maintained in good repair and working condition.
4.2. No person shall permit a depression, excavation, swimming pool, hot tub,
wading pool, artificial pond or Debris located on their land to contain Standing
Water for a period in excess of three days.
5.
DOMESTIC AND INDUSTRIAL WASTE
5
5.1
An Owner or Occupant of land does not breach this by-law by Composting in
accordance with good Composting practices and which does not cause a
nuisance or discomfort to Owners or Occupants of nearby lands.
5.2
Every Owner or Occupant of land shall keep their lands free of all Domestic
Waste.
5.3. Every Owner or Occupant of land shall keep their lands free of all lndustrial
Waste.
5.4. No person shall cause, or permit to be caused, the dumping or disposing of
Domestic Waste or lndustrial Waste on any land or in any structure within the
Town.
5.5. Subsection 5.4 does not apply to
(a) Land or structures used by the Town or other municipal authority for
the purpose of dumping or disposing of Domestic or lndustrial Waste;
or
(b) Land designated by by-law of the Town or other municipal authority for
the purpose of dumping, disposing of Domestic or lndustrial Waste.
5.6. Every Owner of land or structures on which Domestic or lndustrial Waste has
been thrown, placed, dumped or deposited shall immediately clean and clear
the land or structure of the waste material.
5.7
Notwithstanding the provisions of this by-law, a person may store lumber,
building materials, inoperative or derelict Vehicles, trailers, unused machinery,
machinery parts and Vehicle parts on an Agricultural Operation provided that:
(a) Such material is stored in a suitable structure or is screened from the
view of any Residential Land or public highway located within 150
metres of the lands of the Agricultural Operation; and
(b) The material is required for use as replacement parts, Vehicles or
materials as part of the Agricultural Operation on the lands.
LITTERING PROHIBITED
6.1
No person shall throw, place or deposit Refuse on private land without the
written authority of the Owner or Occupant of the land.
6.2. No person shall throw, place or deposit Refuse on Town land or Regional
land without the written consent of the Town or Region, and where such land
is occupied by a person other than the Town or the Region, without the
written authority of the Owner or Occupant.
6.3. A person does not breach Subsections 6.1 or 6.2by placing garbage out for
collection on their land in accordance with municipal by-law and collection
schedules, but no person shall leave garbage out contrary to such by-laws or
schedules.
7.
GRAFFITI
7.1
Every Owner shall remove all objectionable markings, graffiti, stains or other
defacement on their property to restore the surface and adjacent areas to, as
near as possible, their appearance before the markings, graffiti, stains or
other defacement occurred.
6
6
8.
ORDERS
8.1. An Officer may make an Order and placarding said Order in a conspicuous
location on the propefi and/or sent by regular pre-paid mail, or delivered by
hand, to the address of the Owner of the lands as shown on the last
assessment roll, requiring the Owner or Occupant, by the date specified in the
Order, to:
(a) Clean and clear up any land and bring such land into compliance with
any section of this by-law;
(b) Repair or remove obstructions from Private Drains and ensure
drainage and proper connection of private drains to storm or Sewage
systems of the Town or otherwise provide for the sanitary disposal of
Sewage or drainage from the land;
(c) Clean, clear or remove from any land or structure any or all garbage,
Refuse, fill, lnoperative Motor Vehicles, Sewage, long grass, Weed or
Domestic or lndustrial Waste of any kind;
(d) Cease the use of any land for the dumping or disposing of garbage,
Refuse, Used Motor Vehicles, lnoperative Motor Vehicles, Motor
Vehicle parts, Domestic or lndustrialWaste'
(e) Remove obstructions from Watercourses;
(f)
Remove Standing Water or Debris from any land.
8.2. Every Order pursuant to Subsection 8.1 shall identify the land that is the
subject of the Order, the works necessary to bring the land into conformity
with this by-law and shall indicate that in default of the Owner or Occupant
undertaking the works necessary to bring the land into conformity with this by-
law, such works may be done by the Town at the Owner's expense at any
time after the compliance date specified in the Order and every Order served
pursuant to Subsection 8.1 shall be deemed to be good and sufficient service
of notice on the Owner.
8.3. An Officer may lnspect the use of any land for purpose of determining
whether:
(a) The land is being maintained in accordance with the provisions of this
by-law;
(b) The land is used for dumping or disposing of garbage, Refuse or
Domestic or lndustrial Waste;
(c) The land is used for storing of Used Motor Vehicles or lnoperative
Motor Vehicles for the purpose of wrecking or dismantling them or
salvaging in parts thereof for sale or disposal;
(d) The Owner or Occupant has compiled with any notice sent pursuant to
the provisions of this by-law.
8.4. Every Owner or Occupant shall permit an Officer to Inspect the land for the
purpose of this section.
8.5. Where an Owner or Occupant fails to comply with an Order issued under this
by-law within the time specified for compliance, an Officer may, with such
assistance by others as may be required:
(a) Clean or clear up a property and bring it into compliance with any
section of this by-law;
7
(b) Repair, maintain or remove obstructions from a Private Drain, and
ensure drainage and proper connection of Private Drains to storm or
Sewage systems of the Town or othennrise provide for the sanitary
disposal of Sewage or drainage from the land;
(c) Clean, clear or remove from the land or structure any or all garbage,
Refuse, fill, Sewage, lnoperative Motor Vehicles, long grass, Weed or
Domestic or lndustrial Waste of any kind;
(d) Remove Used Motor Vehicles, lnoperative Motor Vehicles and other
machinery, and any parts, stored for the purpose of wrecking or
dismantling the materials or the salvaging parts thereof for sale or other
disposal;
(e) Alter or relay a Private Drain or fill up any property or part of a property;
(f)
Remove obstructions from Watercourses; and/or
(g) Remove Standing Water or Debris from land
8.6, The Town shall recover all costs and expenses associated with actions taken
and work done to land under this by-law in a manner provided by statute,
whether by action or by adding the costs to the tax roll and collecting the
costs in the same manner as the taxes.
9.
FEES AND CHARGES
9.1
The Owner of any land against which any proceedings are brought or against
which any action is taken in accordance with this by-law shall pay the fees
and charges in accordance with Schedules "A" and "B", attached hereto and
forming part of this by-law.
9.2. An Owner shall pay the applicable fees and charges within thirty days of the
date on which an Order becomes final or the date on which a conviction is
pronounced or the date on which an action is taken.
9.3
Overdue fees and charges imposed in accordance with this by-law shall be
added to the tax roll of the Owner and collected in the same manner and with
the same priorities as municipal real property taxes.
10. OFFENCES
10.1. Subject to Subsections 10.2 and 10.3 below, every person who contravenes
any provision of this by-law, is guilty of an offence and upon conviction is
liable to the penalties prescribed under the Provincial Offences Act, R.S.O.
1990, c. P 33, as amended.
10.2. Every person who contravenes Subsections 5.2, 5.3, 5.4, 6.1 or 6.2 of this by-
law is guilty of an offence and upon conviction is subject to a fine of not more
than $10,000 for a first conviction and $25,000 for any subsequent conviction.
10.3. Where a corporation is convicted of an offence under Subsections 5.2, 5.3,
5.4, 6.1 or 6.2 of this by-law the maximum penalty that may be imposed on
the corporation is $50,000 for a first offence and $100,000 for any subsequent
offence of such Subsections.
1O.4. No person shall hinder or obstruct an Officer appointed under this by-law or
employed to enforce this by-law from carrying out an inspection of lands, nor
shall any person obstruct any employee, agent or person authorized to carry
out work for the Town specified in an Order issued hereunder.
I
11. GENERAL PROVISIONS
11.1. lf any term of this by-law or the application thereof shall to any extent be
invalid or unenforceable, the remainder of this by-law and/or the application of
such term to circumstances other than those to which it is held invalid or
unenforceable, shall not be affected thereby and each term of this by-law
shall be separately valid and enforceable to the fullest extent permitted by
law so as to protect the public by ensuring that a minimum standard for
maintenance and occupancy of land is maintained.
11.2. Where a form of words or expression are prescribed in this by-law, deviations
therefrom not affecting the substance or calculated to mislead do not vitiate
them.
11.3. ln this by-law, unless the context otherwise requires, words imparting the
singular number shall include the plural, and words imparting the masculine
gender shall include the feminine, and further, the converse of the foregoing
also applies where the context so requires.
11.4. References in this by-law to any legislation (including but not limited to
regulations and by-laws) or any provision thereof include such legislation or
provision thereof as amended, revised, re-enacted and/or consolidated from
time to time and any successor legislation thereto.
11.5. ln this event of a conflict between a provision of this by-law and the Town's
Zoning By-law, the provision of the Zoning By-law shall apply.
12. REPEAL AND ENACTMENT
12.1. By-law No. 2018-50 of the Corporation of the Town of Lincoln is hereby
repealed.
12.2. This by-law shall be known as the "Clean Yards By-law ".
12.3. This by-law shall come into force and effect on the date of its passing and
enactment.
READ A FIRST TIME THIS 1ST DAY OF OCTOBER,2018.
READ A SECOND TIME THIS 1ST DAY OF OCTOBER, 2018.
READ A THIRD TIME AND FINALLY PASSED THIS 1ST DAY OF OCTOBER,
2018.
MAYOR: SAN
EASTON
I
JULIE KIRKELOS
SCHEDULE IIA''TO BY.LAW NO. 2018.92
Service Fees and Charges
Fee
$200.00
$200.00
$200.00
100o/o of the total cost of
works plus an additional
administrative fee of 20o/o
of the total cost of the
works with a minimum fee
of $120.00.
Service/Fine or Activity, Long Form
Wording
For each Order issued pursuant to the by-
law in respect of any land, where such Order
is not entirely quashed on appeal.
For each Officer who attends a hearing or a
court appearance regarding an appeal of an
Order, where such Order is not entirely
quashed or appeal.
For each Officer who attends a hearing or
court appearance regarding a proceeding
commenced pursuant to the by-law and
resulting in a conviction registered for the
breach of any provision of the by-law.
For any works undertaken by the Town to
complete works required to comply with any
final Order.
Item
1
2
3
4.
10
SCHEDULE "B'' TO BY.LAW NO. 2018-92
Part I Provincial Offences
The general penalty provision for the offences tisted above in Section 9 of By-law 201&92, a
certified copy of which has been filed
Note:
Golumn 3
Set Fine
$200.00
$200.00
$200.00
$200.00
$200.00
$200.00
$200.00
$200.00
$300.00
$300.00
$200.00
$200.00
Golumn 2
Provision Creating
or Defining
Offence
2
1
2.2(a)
2.2(b)
3.1
3.2
3.3
4.2
5.2
5.3
5.4
6.1
6.2
Column 1
Description of Offence
(Owner/Occupant) fail to keep
vegetation on land clean and cleared
(Owner/Occupant) fail to keep lawn
free of Weeds
(Owner/Occupant) fail to keep lawn
free of grass over 20 centimetres in
height
(Owner/Occupant) fail to keep Private
Drain (operational/in good repair)
(ObstrucUPermit the obstruction) of a
Private Drain
(ObstrucUPermit the obstruction) of a
Watercourse
Perm it (depression/excavation/
swimming pool/hot tub/wading pool/
artificial pool or pond/Debris) to
contain Standing Water for in excess
of 3 days
(Owner/Occupant) fail to keep lands
free of Domestic Waste
(Owner/Occupant) fail to keep lands
free of lndustrial Waste
(Cause/Permit to be caused) the
(Dumping/depositing) of
(Domestic/l nd ustrial)
Waste (on any land/in any structure)
(Th row/Place/Deposit) without
authority Refuse on private land of
(Owner/Occupant)
(Throw/Place/Deposit) Refuse on
public land without consent
Item
1
2
3
4.
)
)
7
3.
)
10
1 1
12
11