By-law No. 042-2020 Respecting Litter, Waste and Property Maintenance (Community Standards By-law), Town of Milton

Milton, Ontario · No. 042-2020 · adopted 2020-06-22 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 34175c9fcfb7 · verified 2026-10-18 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Page 1 of 13 of By-law No. 042-2020 THE CORPORATION OF THE TOWN OF MILTON BY-LAW NO. 042-2020 BEING A BY-LAW RESPECTING LITTER, WASTE AND PROPERTY MAINTENANCE WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person, for the purpose of exercising its authority under this or any other Act; AND WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, permits a lower-tier municipality to pass by-laws respecting matters within spheres of jurisdiction, including without restriction matters of health, safety and well-being of persons. AND WHEREAS Section 127 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, permits a municipality may pass by-laws requiring an owner or occupant of land to clean and clear the land, not including buildings; AND WHEREAS Section 128 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, permits a municipality to pass by-laws prohibiting and regulating with respect to public nuisances, including matters that, in the opinion of Council, are or could become or cause public nuisances; AND WHEREAS Section 129 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended permits a municipality to pass by-laws prohibiting and regulating with respect to odour and dust; AND WHEREAS Section 131 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, permits a 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 disposal; NOW THEREFORE the Council of The Corporation of the Town of Milton hereby enacts as follows: 1 SHORT TITLE 1.1 This By-law may be cited as the "Community Standards By-law". 2 SCOPE AND INTERPRETATION 2.1 Where the provisions of this By-law conflict with the provision of any other By- law in force in the Town the provision that establishes the higher standard to protect the health, safety and welfare of the general public shall prevail. Page 2 of 13 of By-law No. 042-2020 2.2 Where the provisions of this By-law conflict with any Act, the provisions of the provincial standard shall prevail. 2.3 In the interpretation and application of the provisions of this By-law, unless otherwise stated to the contrary, the provisions shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. 2.4 Council of the Town deems standing water, litter, loose rubbish and other waste and unkempt yards a nuisance that could create a health and safety hazard for the public. 3 DEFINITIONS 3.1 "Derelict" shall mean, with respect to any vehicle (other than a motor vehicle as defined in the Highway Traffic Act, R.S.O. 1990, c. H. 8, as amended), machinery, trailer, boat, or vessel; (a) which has broken or missing parts of such sufficiency so as to render it incapable of being licensed to operate where such licensing as necessary in its current condition but shall not include a motor vehicle actively being repaired or restored by the owner or; (b) which is in a wrecked dismantled discarded inoperative or abandoned condition. 3.2 "Derelict vehicle" means a motor vehicle as defined in the Highway Traffic Act that is; (a) is not licensed or eligible to be licensed by virtue of a current valid Safety Standards Certificate having been issued for that vehicle (b) is in a state of disrepair by reason of missing doors, glass or body parts; (c) is inoperative by reason of removed wheels battery motor transmission or other parts or equipment necessary for its operation; or (d) otherwise appears inoperable or incapable of use as a means of lawful transportation or has an industry standard book value as a means of transportation that is less than the cost of repairs required to put it into a lawful operable condition unless otherwise demonstrated by an authorized licensed mechanic but does not include an antique or historic motor vehicle which is actively being restored as a collector s or historic vehicle. 3.3 "Domestic waste" means any debris, rubbish, refuse, sewage, effluent, discard or garbage of any type arising from a residence belonging to, or associated with a house or use of a house, or residential property, including, but not limited to, garbage, discarded material or things, broken or dismantled things, and materials or things exposed to the elements, deteriorating or decaying on a property due to exposure to the weather. Page 3 of 13 of By-law No. 042-2020 3.4 "Donation Bin" means a container used to collect of used goods and/or clothing and other items for donation. 3.5 "Dwelling Unit" means one or more habitable rooms within a building which is designed, occupied and/or used as a single housekeeping unit, in which separate kitchen and sanitary facilities are provided for the exclusive use of such individual or individuals. 3.6 "Fill" means any type of material capable of being removed from or deposited on property, such as soil, stone, sod, turf, concrete, and asphalt either singly or in combination. 3.7 "Graffiti" shall mean one or more letters, symbols, marks, etchings, pictorial representations, messages or slogans, howsoever made, that disfigures or defaces a property, but does not include any of the following: (a) a sign, public notice, or traffic control mark authorized by the Town; (b) a sign authorized pursuant to a permit issued by the Town's Sign By-law; (c) a sign, public notice or traffic control mark authorized by Regional, Provincial or Federal law. 3.8 "Highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof. 3.9 "Historic vehicle" means a motor vehicle that is; (a) at least 30 years old; and (b) substantially unchanged or unmodified from the original manufacturer's product; and (c) appropriately insured for storage or use on the highway Proof of such insurance shall be made available to the officer upon request. 3.10 "Industrial waste" shall mean any debris, refuse, sewage, effluent, discard or garbage of a type arising from industrial or commercial operations, or belonging to or associated with industry or commerce or industrial or commercial property including, but not limited to, garbage, discarded material or things, broken or dismantled things, and materials or things exposed to the elements, deteriorating or decaying on a property due to exposure to the weather. 3.11 "Infestation" shall mean the overrunning of a property by vermin, rodents and/or insects. 3.12 "Litter" includes debris, rubbish, filth, refuse, garbage or waste of any kind whatsoever and without limiting the generality of the foregoing shall include animal carcasses and droppings, ashes, bottles, cans, cartons, construction Page 4 of 13 of By-law No. 042-2020 materials, discarded appliances, clothing, furniture and household effects, inoperative mechanical equipment, kitchen wastes, lumber, packing materials, paper, soil, soot, tree trimmings and pruning's, garden waste, stumps, branches, worn automobile tires, used oil, and automobile parts. 3.13 "Municipal Law Enforcement Officer" shall mean a Municipal Law Enforcement Officer as appointed by the Council of the Town of Milton. 3.14 "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. 3.15 "Normal farm practices" means normal farm practices as defined in the Farming and Food Production Protection Act, 1998, S.O. 1998, c. 1, as amended. 3.16 "Owner" any person who is the registered or beneficial owner of a property or who leases, rents, occupies, maintains, manages, receives rent from or otherwise controls a property. 3.17 "Person" includes a natural person and a company, corporation, cooperative, partnership, firm, sole proprietorship, trust, association, society, organization or other legal entity. 3.18 "Property" includes all land, buildings and structures within the legal boundary lines of a property, including without limitation, yards, parts of a building or structure, mobile homes, mobile buildings, mobile structures, outbuildings, fences and erections thereon whether heretofore or hereafter erected and includes vacant property, real property and chattel. 3.19 "Private property" means property which is privately owned and is not Public Property; the. 3.20 "Public Authority" includes the Town, Region of Halton, Halton District and Halton Catholic School Boards, the Crown in Right of Ontario, the Crown in Right of Canada or any of their ministries, agencies, boards or Crown corporations. 3.21 "Public property" means property that is owned, leased or rented by a Public Authority. 3.22 "Road Allowance" includes all road allowances, highways, streets, roads, parkways, avenues, lanes, boulevards, squares, roundabouts, trails, paths, walkways, bridges, viaducts, trestles or other structure forming part of a highway, used by or intended for use by the general public for the passage of persons or vehicles; Page 5 of 13 of By-law No. 042-2020 3.23 "Standing Water" means any water, other than a natural body of water that exists on a permanent basis or contained within a municipally owned storm water management facility, that is found either on the ground or in waste as defined in this by-law, but shall not include any of the following maintained in good repair and working condition: swimming pool, hot tub, wading pool or artificial pond. 3.24 "Town" means the Corporation of the Town of Milton. 3.25 "Waste" means a substance or material that is unusable or unwanted and includes but is not limited to: (a) animal feces; (b) broken or discarded material; (c) disconnected appliances and parts of such appliances; (d) firewood not stacked neatly; (e) indoor furniture; (f) domestic waste; (g) industrial waste; (h) derelict machinery, vehicles, trailers, boats, or vessels, derelict motor vehicles, and any parts thereof not packaged for immediate shipment; (i) material resulting from construction, demolition, repair or renovation projects, (j) piping, ducting, tubing, conduits, cable, wire and fittings or related accessories not packaged for immediate shipment; (k) torn or cut twigs, tree truck, stem or branches; (l) fill; (m) waste wood or lumber. 3.26 "Weed(s)" shall mean a noxious weed designated by or under the Weed Control Act, R.S.O. 1990, c. W.5, as amended, including weed designated as a local or noxious weed under a by-law of the County passed under that Act. 3.27 "Yard" means all land within the boundary lines of a property not occupied by a principal building, if any, and includes grounds or vacant property. 4 YARD & PROPERTY MAINTENANCE: "VEGETATION" 4.1 Every owner of a property shall keep the vegetation in the yard clean and cleared-up. 4.2 For the purpose of section 4.1 above, "clean" or "cleared-up" shall mean: (a) In all turf grass areas, naturalized areas, buffer strip and perimeter strips, the removal of weeds whether dead or alive; (b) in turf grass areas, the cutting of grass so that its height is maintained below 20.32 centimetres in height; Page 6 of 13 of By-law No. 042-2020 (c) in a naturalized area within a residentially used property abutting another property, the cutting of vegetation other than trees or shrubbery so that its height is maintained below 20.32 centimetres along a minimum one metre wide strip immediately adjacent to the lot lines of the property and along all boundaries of the yard, which strip is herein called a "buffer strip; or (d) in a naturalized area other than an area described by (c) above: (i) the cutting of vegetation other than trees or shrubbery, so to a height maintained below 20.32 centimetres, along a minimum ten metre wide strip immediately adjacent to the lot line of a property, where the lot line adjoins a roadway or an occupied property (other than a residential property), which strip is herein call a "perimeter strip". (ii) notwithstanding subssection 4.2 (a), weeds do not require removal provided the weeds are maintained in accordance with the Weed Control Act as amended and do not effect agricultural land uses. For clarity, this exemption does not include Giant Hogweed noted in Regulation 1096 of the Weed Control Act. 4.3 For the purpose of section 4.2 (a), weeds shall be 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 developed sufficiently to ripen after cutting; (c) turning the soil in which the plants were growing so as to bury or kill the weeds; (d) in the case of poison ivy, treating it with 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 that is contrary to any other law in force in Ontario; or (e) in a manner consistent with targeted and established provincially endorsed weed management strategies. 4.4 Every owner of a property shall ensure that: (a) all lawns, shrubs, vines, hedges, bushes and vegetation other than weeds and turf grass are be kept trimmed, and shall not be overgrown and/or unsightly; (b) vegetation other than weeds and turf grass are kept from becoming unreasonably overgrown in a fashion that may affect safety, visibility or passage of the general public, wholly or partially conceal or interfere with the use of any hydrant or water valves, or constitute an obstruction of view for vehicular traffic. Page 7 of 13 of By-law No. 042-2020 5 YARD & PROPERTY MAINTENANCE: "WASTE" 5.1 Every owner of a property shall: (a) keep his or her yard free and clear of all litter and waste of any kind; and (b) ensure that his or her property is free and clear of infestation. 5.2 Despite section 5.1, a farm may keep inoperative agricultural machinery and inoperative agricultural vehicles in a yard 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, and; (a) the inoperative agricultural machinery or inoperative agricultural vehicles are kept in an area screened from view from outside the property lines by a fence, wall or other solid structure including a hedge at least 2 m high that complies with all other applicable by- laws or laws; (b) the inoperative agricultural machinery or inoperative agricultural vehicles are set back from the property lines by at least 100 m; or (c) the inoperative agricultural machinery or inoperative agricultural vehicles are temporarily not in use in accordance with normal farm practices. 5.3 No person shall use the yard of any property within the Town for depositing of any litter or waste of any kind. 5.4 Section 5.3 does not apply to prohibit those properties that comply with all applicable land use criteria which permits the retail, wholesale, repair and wrecking of motor vehicles or a competition or hobby vehicle located in a fully enclosed building or recreation vehicle parked in compliance with the Town's Zoning By-law from carrying out these activities; or 5.5 Subsection 5.1(a) and section 5.3 do not apply to the depositing of waste within a waste disposal site operating under a valid Environmental Compliance Approval, as defined in Environmental Protection Act, R.S.O. 1990, c. E.19, as amended. 5.6 No fill shall be allowed to remain in an unleveled state on any property longer than seven (7) days unless the property is: (a) a property on which a building permit or site alteration permit is in effect; (b) a property being subdivided under subdivision agreement with the Town; Page 8 of 13 of By-law No. 042-2020 (c) property upon which material is being stored with the approval of the Town or the Regional Municipality of Halton in connection with a public works contract; (d) Zoned for such use pursuant to the Town of Milton's Zoning By-law 6 FIREWOOD 6.1 Firewood for domestic use may not be stored in a front yard. Firewood for domestic use may be stored in a rear yard if the area used for this storage is not more than 15% of the area of the rear yard. 6.2 The stored firewood shall be: (a) neatly piled not less than 30cm from any lot line; (b) stored at a height of not less than 15cm above grade; (c) stored with a total height of not more than 1.5 metres; and (d) not piled along a fence that borders a property containing a swimming pool. 7 DUST 7.1 Every owner of a property shall ensure that all yards are maintained to prevent accumulations of dust, dirt or silt from spreading to neighbouring properties. 8 DEPSOTING OF LITTER AND WASTE ON PUBLIC PROPERTY 8.1 No person shall throw, place, or deposit any litter or waste of any kind on Public Property. 8.2 For clarity, section 8.1 does not apply to Public Authorities. 9 COMPOSTING 9.1 Every owner of a property shall ensure that any composting is carried out in accordance with the following requirements: (a) composting is permitted only in a rear yard; (b) composting shall take place only in a container, pile or digester and only on a property on which a dwelling unit is located; (c) a compost container or digester used for composting shall be kept covered tightly at all times, except when being emptied or filled, and shall be kept in accordance with the guidelines on composting published by the Regional Municipality of Halton. The owner of the property shall ensure that the composter is kept in a manner to control infestation; (d) there shall be no more than two (2) compost containers, piles or digesters used for composting on each property on which a dwelling unit is located, for a total composting capacity on the property of not more than two (2) cubic metres; Page 9 of 13 of By-law No. 042-2020 (e) for multiple residential dwellings containing more than six (6) dwelling units, composting in a pile is prohibited; (f) no feces shall be placed in a compost container, pile or digester used for composting; (g) no offensive odour shall be permitted to emanate from the compost container, pile or digester used for composting; (h) organic materials placed in a compost container shall be kept covered with yard waste, soil or humus; (i) a compost container, pile or digester used for composting shall be set back at least 60cm from any lot line. 9.2 Section 9 of this By-law does not apply to A1 and A2 zones as defined in the Town's Zoning By-law. 10 STANDING WATER 10.1 No owner shall keep a swimming pool, hot tub, wading pool or artificial pond unless it is maintained in good repair and working condition. 10.2 No owner shall permit any yard to contain standing water for a period in excess of three (3) days. 10.3 Every owner shall take all necessary steps to prevent or remove standing water located in a yard. Such steps may include, but are not limited to: draining or filling of excavations and depressions, installing screening or netting equipment so as to prevent the breeding of mosquitoes, or the treatment of the yard or any part thereof with a larvicide. 11 GRAFFITI 11.1 No person shall place or cause or permit graffiti to be placed on property. 11.2 The owner of a property shall keep the property free of graffiti. 12 DONATION BINS 12.1 No owner shall place, maintain or permit the placement, erection or maintenance of a donation bin on any property except on private property that is zoned to allow the placement of a donation bin. 12.2 No person shall place or cause to be placed any donation bin on any property without the express written consent of the owner. Where an owner subsequently withdraws consent, the donation bin shall be immediately removed by the person who placed or caused the placement of the donation bin. 12.3 Every owner or occupier must ensure that: (a) any donation bin placed contrary to section 12.1 or 12.2 is immediately removed together with any items discarded or placed in Page 10 of 13 of By-law No. 042-2020 the area surrounding a donation bin, regardless of whether such items left are donations; (b) a donation bin that has been legally placed in accordance with sections 12.1 and 12.2: (i) is at all times maintained in a tidy condition and emptied as often as necessary to avoid overflow; (ii) any item discarded or placed in the area surrounding a donation bin, regardless of whether such items left are donations, are removed by 5:00 pm each day; and (iii) does not present a risk to public health or safety or a public nuisance; 13 ENFORCEMENT 13.1 This By-law shall be enforced by Municipal Law Enforcement Officers, and Police Officers, except for orders, work or actions issued or conducted under sections 13.7, 13.11 and 13.12 of this By-Law, which may be issued or conducted only at the direction of a Municipal Law Enforcement Officer or the Town's of Manager of Licensing and Enforcement or such equivalent position as may exist at the Town at the time of enforcement. 13.2 For the purpose of ensuring compliance with this By-law, a Municipal Law Enforcement Officer or a Police Officer may, at all reasonable times, enter upon and inspect any property 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. 13.3 A Municipal Law Enforcement Officer or a Police Officer may, for the purposes of the inspection under section 13.2: (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. 13.4 Any cost incurred by the Town in exercising its authority to inspect under subsection 13.3 (d) including but not limited to the cost of any examination, test, sample or photograph necessary for the purposes of the inspection, shall be paid by the owner of the property where the inspection takes place. Page 11 of 13 of By-law No. 042-2020 13.5 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, as amended where he or she has been prevented or is likely to be prevented from carrying out an inspection under section 13.2 and section 13.3. 13.6 No person shall hinder or obstruct, or attempt to hinder or obstruct, a Municipal Law Enforcement Officer, or a Police Officer from carrying out inspections of property to ensure compliance with this By-law. 13.7 A Municipal Law Enforcement Officer may make an Order requiring an owner, or other person, within the time specified in the Order, to: (a) discontinue the contravening activity, (b) remove and/or dispose of anything that has been deposited, thrown, stored, placed or allowed to accumulate contrary to any provision of this By-law, including without restricting the generality of the forgoing, any fill, waste. litter, derelict motor vehicle, derelict vehicles, machinery, trailers, boats, or vessels; (c) remove and/or dispose of any donation bin that that has been deposited, placed, stored or maintained contrary to this By-Law; (d) remove an infestation; or (e) take any other action or do any other work required to correct the contravention. 13.8 An Order under section 13.7 shall set out: (a) the name(s) of the person or persons, subject to the order (b) reasonable particulars of the contravention adequate to identify the contravention and the location of property on which the contravention occurred; (c) the work or other action to be completed or action taken, as the case may be; and (d) the date or dates by which the work must be complete or action taken, as the case may be. 13.9 An Order under section 13.7 may be served by any of the following means: (a) delivered personally; (b) posted on the property that is subject to the Order; (c) emailed to the last known email address of the person to whom the Order is directed; (d) deposited in the mailbox or mail slot of the person to whom the Order is directed; (e) sent by prepaid regular mail to the last known address of the person to whom the Order is directed or (f) sent by registered mail to the last known address of the person to whom the Order is directed. 13.10 Where service is effected by: Page 12 of 13 of By-law No. 042-2020 (a) regular mail, it shall be deemed to be made on the fifth (5th) day after the date of mailing; (b) registered mail, it shall be deemed to be made on the second (2nd) day after the date of mailing; (c) any other means, it shall be deemed effective on the day the document served was delivered, posted, emailed or deposited; or (d) by multiple means, it shall be deemed effective on earliest applicable date set out in subsection 13.10 (a)-(c) . 13.11 Where a person or persons to whom an Order under section 13.7 is served fails to perform the work required by the Order within the time stipulated in the Order or otherwise contravenes the Order,, the Town may, without notice to any Owner, cause any work or other action to correct the contravention to be done at each person's expense. Without limitation, the Town may retain such persons to assist in completing the work as the Town determines appropriate. 13.12 Where anything has been deposited, thrown, stored, placed or allowed to accumulate on public property or a Road Allowance contrary to any provision of this By-law and without the consent of the public authority that owns the public property or Road Allowance, the Town, may cause it to be removed without notice to any person, other than the applicable public authority. 13.13 Where the Town undertakes any removal, repair, alteration, corrective action or work pursuant to sections 13.11 or 13.12: (a) anything removed may be destroyed or disposed of without notice or compensation to any person. Without limiting the generality of the forgoing, things that may be removed and disposed of include donation bins, fill, waste. litter and derelict motor vehicles and derelict vehicles, machinery, trailers, boats, or vessels; (b) persons named in the Order and any other persons the Town reasonably determines are in contravention of this By-law, shall be jointly and severally responsible for all costs of the Town incurred in the exercise of the powers under sections 13.11 or 13.12, including administrative costs and interest; and (c) said costs, as determined by the Town, shall constitute a charge under section 391 the Municipal Act, 2001, as amended, and may be added to the tax roll of property in the Town held by such persons as are jointly and severally responsible in accordance with subsection 13.13 (b) in the manner provided for under the Act. 14 PENALTY 14.1 Each person who contravenes any provision of this By-law or an Order is guilty of an offence. Where a contravention of a provision of this By-law or an Order is committed on or continues for more than one day, the person who commits the contravention is liable to be convicted for a separate offence for each day on which it is committed or continued. For clarity, in the case of an Page 13 of 13 of By-law No. 042-2020 Order, a contravention continues for every day or part of a day past the date set out in the Order by which the work must be complete or action taken, as the case may be. 14.2 A person convicted of an offence contrary to a provision of this By-law in a proceeding commenced under Part III of the Provincial Offences Act, R.S.O. 1990, c. P.33, is liable to a fine of no less than Five Hundred Dollars ($500) and no more than Ten Thousand Dollars ($10,000) for each day or part of a day on which the offence occurs or continues.. 15 SEVERABILITY 15.1 Where a Court of competent jurisdiction declares any section or part of a section of this By-law invalid, the remainder of this By-law shall continue in force unless the Court makes an Order to the contrary. 16 REPEAL 16.1 By-law 132-2012 as amended is hereby repealed upon the coming into force and effect of this By-law. 17 ENACTMENT 17.1 This By-law shall come into full force and effect on the day it is passed. PASSED IN OPEN COUNCIL ON JUNE 22, 2020. Mayor Gordon A. Krantz ________________________Deputy Clerk Meaghen Reid