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Waste Collection Bylaw 2017-19
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Corporation of the Town of Newmarket
By-law 2017-63
OFFICE CONSOLIDATION
This is a consolidation of the Town's By-law to provide for maintaining land
in a clean and clear condition in the Town of Newmarket, being By-law
2017-63, as amended by the below listed by-laws and is prepared for
reference and information purposes only. The following consolidation is an
electronic reproduction made available for information only. It is not an
official version of By-law 2017-63. Official versions of all by-laws can be
obtained from Legislative Services by calling 905-953-5300. If there are any
discrepancies between this consolidation and By-law 2017-63 and listed
amending by-laws the official by-laws shall prevail.
2020-22 April 27, 2020
Adds provisions for AMPS
A By-law to provide for maintaining land in a clean and clear condition
Whereas Sections 8, 9 and 11 of the Municipal Act, 2001, c.25 as amended
(the "Act") permits a municipality to pass By-laws necessary or desirable for
municipal purposes, and in particular paragraphs 5, 6 and 8 of Subsection 11
(2), authorize By-laws respecting the economic, social and environmental well-
being of the municipality, the health, safety and well-being of persons, and the
protection of persons and Property;
And whereas Section 127 of the Municipal Act, 2001 permits a municipality to
pass By-laws requiring an Owner or occupant of land to clean and clear the
land, not including buildings; to clear refuse or Debris from the land, not
including buildings; for regulating when and how such matters shall be done;
for prohibiting the disposal of refuse or Debris on land without the consent of
the Owner or occupant of the land; and for defining "refuse";
And whereas Section 129 of the Municipal Act, 2001 permits a municipality to
pass By-laws to prohibit and regulate with respect to Odour, dust, and outdoor
illumination including indoor lighting that can be seen outdoors;
And whereas the Council of the Town of Newmarket deems it advisable to
pass such a by-law;
Therefore be it enacted by the Municipal Council of the Corporation of
the Town of Newmarket as follows:
1.0
DEFINITIONS:
"Boulevard" means that portion of every road allowance within the
limits of the Town which is not used as a Sidewalk, driveway access,
traveled roadway or shoulder.
"Costs" means all monetary expenses incurred by the Town during
and throughout the process of any Remedial Work, including interest
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and may include an administrative surcharge amount as determined
by the Towns Fees and Charges By-law.
"Council" The elected municipal officials of the Town of Newmarket.
"Composting" means the biological degradation or breakdown of
organic material into a dark soil-like material called humus.
"Debris" means any Waste material of any kind whatsoever and
without limiting the generality of the foregoing includes: inoperative or
unlicensed vehicles or boats and mechanical equipment, automobile
and mechanical parts, tires, furnaces, water and fuel tanks, furniture,
glassware, plastic, cans, garden refuse, grass clippings, trees, tree
branches, earth or Fill, animal feces, materials from construction or
demolition projects, old clothing and bedding, refrigerators, freezers, or
similar appliances, whether operable or inoperable, containers of any
kind and un-maintained garden fixtures and any objects or conditions
that might create a health, fire or accident hazard.
"Director" means the Director, Legislative Services of the Town and
his/her designate.
"Dwelling" means a house, apartment, or other place of residence.
"Fill" means any type of material capable of being removed from or
deposited on lands, such as soil, stone, sod, turf, concrete, and
asphalt either singly or in combination.
"Graffiti" means one or more letters, symbols, figures, etchings,
scratches, inscriptions, stains or other markings that disfigure or
deface or object, howsoever made or otherwise affixed on the
structure or object.
"Ground Cover" means material organic or non-organic and includes
concrete, flagstone, gravel, asphalt, grass or other form of
landscaping.
"Invasive" means a Invasive plant designated by or under the
Invasive Species Act,.S.O. 2001, c. 22, including any weed
designated as a local or noxious weed under a By-law.
"Medical Officer of Health" refers to the Medical Officer of Health
for the Region of York.
"Motor Vehicle" means an automobile, truck, motorcycle,
snowmobile, Utility Trailer, Recreational Vehicle and any other
vehicle propelled or driven by other than muscular power.
Natural Body of Water means a creek, stream, bog, marsh, fenn,
river, pond or lake created by the forces of nature and which contains
water.
"Natural Garden" means a defined area of vegetation that has been
deliberately planted or cultivated with species of wildflowers, shrubs,
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perennials, ornamental grasses or combinations of them, consistent
with a managed and natural landscape.
"Noxious Weeds" means a noxious weed designated by or under the
Weed Control Act, R.S.O. 1990, c. W.5, including any weed
designated as a local or noxious weed under a By-law.
"Odour" mean any Odour which may be detected at a Point Of
Reception and has an adverse effect.
"Officer" means a Police Officer as defined under the Police Services
Act, R.S.O. 1990, c. P15, as amended, an individual appointed by the
Town as a Municipal Law Enforcement Officer pursuant to section 15 of
the Police Services Act, as amended, or any other individual designated
by the Town to enforce this By-law.
"Owner" means the Owner, authorized agent, leasee or the occupier
of the premises.
"Person" includes an individual, association, firm, partnership,
corporation, trust, organization, trustee, agent or legal representative
of an individual.
"Point Of Reception" means any point on the premises of any
Person where Odour, originating from premises other that those
premises, is detected.
"Pool" means any body of water, which is located outdoors on private
Property; wholly or partially contained by artificial means; capable of
holding water in excess of 0.61m (2 feet) in depth at any point; an
open exposed water surface of at least 1m2 (10.7ft2) and includes a
hot tub or landscape/decorative pond meeting the above criteria.
"Property" means a building or structure or part of a building or
structure and includes the lands and premises appurtenant thereto
and all mobile structures, outbuildings, fences and erections thereon,
whether heretofore or hereafter erected, and includes vacant
Property.
"Recreational Vehicle" means a vehicle or trailer which may provide
short term occupancy that is intended and used exclusively for travel,
recreation and vacationing, designed to be towed or propelled by a
Motor Vehicle or self-propelled, and includes such vehicles commonly
known as travel trailers, camper trailers, truck campers, motor homes
or other similar travel vehicles but does not include a mobile home;
and/or boats, Personal watercraft, all-terrain vehicles and other similar
vehicles used for recreational pursuits; and a trailer designed to carry
any of the items listed above.
"Remedial Work" means all work necessary for the correction or
elimination of a contravention of this By-law as cited in any order
issued under this By-law, including any such condition or health
hazard, actual or potential, that the contravention may pose.
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"Sidewalk" means a municipal or regional Sidewalk located on a
Boulevard.
"Sight Triangle" means in the case of a corner lot, the triangular
space formed by the street lines and a line drawn from a point in one
street line to a point in the other street line, measured 5m along the
street from the point of intersection of the street lines.
"Standing Water" means any water, other than a Natural Body of
Water that exists on a permanent basis or contained within a
municipality owned storm water management facility, that is found
either on the ground, on a structure, in a Pool or in Debris as defined
in this by-law.
"Utility Trailer" means a vehicle so constructed that it is suitable for
being attached to a Motor Vehicle for the purpose of being drawn or
propelled by the Motor Vehicle and is capable of being used for the
transport of goods, materials, equipment or livestock notwithstanding
that such vehicle is jacked up or that its running gear is removed.
"Town" means The Corporation of the Town of Newmarket.
"Waste" means any Waste of any kind whatsoever and without limiting
the generality of the forgoing includes; Debris, sewage, effluent,
garbage, or litter of any type including household Waste.
"Yard" means an open, uncovered space on a lot appurtenant to a
building and unoccupied by buildings or structures except as may be
expressly permitted by this By-Law but does not include a court Yard.
In determining Yard measurements the minimum horizontal distance
from the respective lot line(s) shall be used.
"Zoning By-Law" means the Zoning By-law of the Town of
Newmarket passed under the Planning Act, as amended, from time to
time.
2.0
PROPERTY MAINTENANCE
2.1
Every Owner of Property shall keep the Property maintained free of,
Debris, discarded objects, and shall also keep their Property free
from conditions such as holes or excavations that might create a
health, safety, or accident hazard.
2.2
Every Owner shall ensure suitable Ground Cover be provided to
prevent erosion of the soil and where grass forms part of the Ground
Cover, it shall be sodded or seeded as often as required to maintain
the grass in a living condition and cut so as not to be unreasonably
overgrown in relation to the neighbouring environment.
2.3
Notwithstanding section 2.2 where a Natural Garden forms part of the
Ground Cover, it shall be maintained in a living condition.
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2.4
Every Owner shall ensure that vegetation on the Property be kept
trimmed and from becoming unreasonably overgrown in a fashion that
may affect safety, visibility, or the passage of the general public.
2.5
Every Owner shall maintain the Property clean and free from Heavy
undergrowth and Noxious Weeds.
2.6
Every Owner shall maintain weeds and grass on the Property so that
it does not exceed 20 centimetres (8 inches) in height and remove and
dispose of the cuttings in an appropriate manner.
2.7
Every Owner shall maintain the Property free from dead, decayed or
damaged trees, shrubs, and all trees on the Property shall be pruned
so as to be free from dead or decayed or damaged branches.
2.8
Every Owner shall maintain his/her Property in a manner to prevent
dust or dirt from spreading to neighbouring properties.
2.9
Every Owner of Property containing a Pool, hot tub, wading pool or
artificial pond shall maintain such Pool, hot tub, wading pool or
artificial pond in good repair and working condition.
3.0
DERELICT MOTORVEHICLES
3.1
No Owner shall use any Property for the parking, storage, keeping or
placement of the following:
a) Motor 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;
b) Motor Vehicles that are not currently licensed for operation
pursuant to the provisions of the Highway Traffic Act;
c) Motor Vehicles parts or components unless otherwise
expressly permitted;
d) wrecked, dismantled, discarded, inoperative, or abandoned
Motor Vehicles and machinery.
4.0
COMPOSTING
4.1
No Owner shall permit Composting of any kind other than in
accordance with this By-law.
4.2
All Composting shall be carried out in accordance with the following
requirements:
a)
Composting is permitted only in a rear yard of a Property;
b) Composting shall take place only in a container, or digester
and only on land from which the compost material originated;
c) any compost containers or digesters used for Composting shall
be kept covered tightly at all times, except when being emptied
or filled;
d) no domesticated animal feces shall be placed in a compost
container, or digester used for Composting;
e) no Odour shall be permitted to emanate from the compost
container, or digester used for Composting;
Waste Collection Bylaw 2017-19
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f)
maintained in such a manner as not to attract animals,
rodents or vermin;
g) any compost container, pile or digester used for Composting
shall be set back at least 0.6 meters (2 feet) from any lot line.
4.3
Section 4.2 does not apply to a Property if Composting is necessary
for the operation of a permitted 'use' lawfully situated on the Property
pursuant to the Zoning By-laws and/or respective site plan
agreements.
5.0
FIREWOOD
5.1
No Owner shall keep fire wood on the Property unless actually used
for wood burning on the Property.
5.2
Firewood shall be kept, stored or placed in a rear or side yard provided
the following provisions are met:
a) The firewood is used for wood burning on the Property or in the
Dwelling;
b) The area of Property occupied by the firewood is not more than
the (15%) of the total area of the Yard area where it is situated;
c) The firewood shall be neatly piled in the rear yard, does not
exceed more than 8ft in height and shall have a minimum
setback back of 1 meter;
d) The firewood shall be neatly piled in the side yard, does not
exceed more than 6ft in height and shall have a minimum
setback back of 0.6 meter (2 feet); and
e) The firewood shall not be piled along a fence which might
facilitate climbing where a Pool is located on an adjacent
Property.
5.3
Section 5.1 does not apply to a Property if the storage of firewood is
necessary for the operation of a permitted 'use' lawfully situated on the
Property pursuant to the Zoning By-laws.
6.0
GRAFFITI
6.1
No Person shall place, cause or permit Graffiti to be placed on any
Property within the Town.
6.2
Every Owner shall at all times maintain property free of Graffiti.
7.0
STANDING WATER
7.1
No Owner shall permit Standing Water on a Property for a period in
excess of three (3) days when the outside temperature remains above
10 Celsius (50 Fahrenheit), including but not limited to on the ground,
in Waste, Debris, Pools, accessory structures or Property.
7.2
Any Person owning a Property in the Town where a Natural Body of
Water exists, shall when ordered by the Medical Officer of Health
that significant medical hazard exists, shall take the steps outlined by
the Medical Officer of Health to remedy the situation. Not limiting the
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foregoing, it may include the filling or draining of the body of water or
the treatment of the same with a larvicide.
8.0
BOULEVARD MAINTENANCE
8.1
Every Owner of a Property shall maintain the Boulevard free of long
grass and weeds, materials, Debris and maintain the Boulevard to be
free and clear from damage, holes and ruts.
8.2
All permitted Boulevard gardens shall be limited to perennial or
annual plant material up to 0.6m (2ft) in height. On any Property
located adjacent to an intersection and which may have a wide side
yard, the Owner shall ensure that there are no plantings within the 5.0
metres (16.4 feet) Sight Triangle. Property owners are not permitted
to plant trees, Noxious Weeds and Invasive species on the
Boulevard;
8.3
All plantings shall be kept trimmed so that they do not encroach on any
Sidewalks, curbs or driveway edges.
8.4
Property owners shall maintain the municipal Sidewalk free and clear
of Debris.
8.5
The Property owner shall not place any plantings other than Ground
Cover having a maximum height of 152 millimetres (6 inches) within a
1.5 metre (4.9 feet) radius of any fire hydrant and other utility
infrastructure.
9.0
ORDER
9.1
Where the Town is satisfied that a contravention of this by-law has
occurred, the Town may make an order requiring the Person who
contravened this by-law, or who caused or permitted the
contravention, or the Owner or occupier of the land on which the
contravention occurred, to do work to correct the contravention.
9.2
An order under Section.9.1 of this by-law shall set out:
a) reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the
contravention occurred;
b) and the work to be done and the date by which the work must be
done.
9.3
An order under Section 9.1 may require work to be done even though
the facts which constitute the contravention of this by-law were present
before this by-law came into force.
9.4
Any Person who contravenes an order under Section 9.1 of this by-
law is guilty of an offence.
9.5
The order may be served Personally on the Person to whom it is
directed or by registered mail to the last known address of the Person,
in which case it shall be deemed to have been given on the 5th day
after it is mailed.
10.0
FAILURE TO COMPLY WITH ORDER
10.1 Where an Owner contravenes an Order issued under section 9.1, the
Officer may, without notice to any Owner, cause the work to correct
Waste Collection Bylaw 2017-19
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the contravention to be done at each Owner's expense. Without
limitation, the Officer may retain such Persons to assist in completing
the work as the Officer determines appropriate.
10.2 Upon completion of the work to correct the contravention by or on
behalf of the Town, the municipality shall have a lien on the land for
the amount spent on the work to correct the contravention, plus
administration fee and the amount shall be deemed to be municipal
Property taxes and may be added to the tax roll and collected in the
same manner and with the same priority as municipal Property taxes
as provided for by statute.
10.3 Each Owner is jointly and severally liable to the Town for all Costs
incurred in any way related to work done to correct the contravention
for the purpose of section 10.2 including, without limitation, interest as
per Town policy.
11.0 POWERS OF ENTRY
11.1 The Town may enter on land at any reasonable time for the purpose
of carrying out an inspection to determine whether or not the following
are being complied with:
a)
the provisions of this By-law;
(b)
an Order issued under this By-law; or
(c)
an Order made under Section 431 of the Act.
11.2 Where an inspection is conducted by the Town, the Person conducting
the inspection may:
(a)
require the production of documents or relevant items for
inspection;
(b)
inspect and remove documents or things relevant to the
inspection for the purpose of making copies and extracts;
(c)
require information from any Person concerning a matter related
to the inspection including their name, address, phone number
and identification; 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 inspection.
11.3 The Town may undertake an inspection pursuant to an Order issued
under Section 438 of the Act.
11.4 The Town's power of entry may be exercised by an employee,
inspector or agent of the Town or by a member of a police force with
jurisdiction, as well by any Person under his or her direction.
11.5 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 land to ensure compliance with this By-law.
12.0
PENALTY PROVISION
12.1 Every Person who contravenes a provision of this By-law, including an
order issued under this By-law, is guilty of an offence.
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12.2 Any Person who is in contravention of any provision of this By-law, or
who fails to comply with an order issued under this By-law shall be
deemed to be committing a continuing offence for each day or part of a
day that the contravention remains uncorrected.
12.3 If an Order has been issued under this By-law, and the order has not
been complied with, the contravention of the order shall be deemed to
be a continuing offence for each day or part of a day that the order is
not complied with.
12.4 Any Person who is guilty of an offence under this By-law shall be
subject to the following penalties:
a) Upon a first conviction, the minimum fine shall be $350.00 and the
maximum fine shall be $100,000.00;
b) Upon a second or subsequent conviction for the same offence, a
fine shall be a minimum of $500.00 and the maximum fine shall be
$100,000.00;
c) Upon conviction for a continuing offence, the minimum fine shall be
$500.00 and the maximum fine shall be $10,000.00 for each day or
part of a day that the offence continues; and
d) Upon conviction of a multiple offence, for each offence included in
the multiple offence, the minimum fine shall be $500.00 and the
maximum fine shall be $10,000.00.
12.5 For the purposes of this By-law, "multiple offences" means an offence
in respect of two (2) or more acts or omissions each of which
separately constitutes an offence and is a contravention of a provision
of this By-law.
12.6 For the purposes of this By-law, an offence is a "second or subsequent
offence" if the act giving rise to the offence occurred after a conviction
had been entered at an earlier date for the same offence.
12.7 Where a Person is convicted of an offence under this by-law, the court
in which the conviction has been entered, and any court of competent
jurisdiction thereafter, may make an order prohibiting the continuation
or repetition of the offence by the person convicted.
12.8 Every Person who contravenes any provision of this By-law is liable to
the fines and administrative fees set out under the Administrative
Monetary Penalty System By-law 2019-62, as amended, and each day
shall constitute a new and separate offence.
12.9 Every Person who is in contravention of the provisions of this By-law
may request a review of the matter in accordance with the
Administrative Monetary Penalty System By-law 2019-62, as
amended.
13.0 SEVERABILITY
13.1
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.
14.0 SHORT TITLE
Waste Collection Bylaw 2017-19
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14.1
This By-law shall be
referred to as the "Clean Yards By-law";
Enacted this 13th day of November, 2017.
Tony Van Bynen, Mayor
Lisa Lyons, Town Clerk