Clean Yards By-law 2017-63 (office consolidation)

Newmarket, Ontario · No. 2017-63 · adopted 2017-11-13 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 57ba8ab77d12 · verified 2026-10-18 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Waste Collection Bylaw 2017-19 Page 1 of 10 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 Waste Collection Bylaw 2017-19 Page 2 of 10 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, Waste Collection Bylaw 2017-19 Page 3 of 10 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. Waste Collection Bylaw 2017-19 Page 4 of 10 "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. Waste Collection Bylaw 2017-19 Page 5 of 10 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 Page 6 of 10 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 Waste Collection Bylaw 2017-19 Page 7 of 10 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 Page 8 of 10 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. Waste Collection Bylaw 2017-19 Page 9 of 10 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 Page 10 of 10 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