Municipal Code Chapter 834 — Clean and Clear

Orillia, Ontario · adopted 2024-04-22

This is the exact embedded text of the captured official document. Snapshot 1a66388f934d · verified 2026-08-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Orillia 834.1 April 2024 Property Maintenance Chapter 834 Clean and Clear Chapter Index Article 1 Short Title 834.1.1 Short Title - Scope Article 2 Interpretation 834.2.1 Boulevard - defined 834.2.2 City - defined 834.2.3 Director - defined 834.2.4 Domestic waste - defined 834.2.5 Driveway apron - defined 834.2.6 Highway - street - defined 834.2.7 Industrial waste - defined 834.2.8 Inoperative motor vehicle - defined 834.2.9 Lot - defined 834.2.10 Natural area - defined 834.2.11 Officer - defined 834.2.12 Ornamental plants - defined 834.2.13 Owner - defined 834.2.14 Person - defined 834.2.15 Private drain - defined 834.2.16 Responsible person - defined 834.2.17 Roadway - defined 834.2.18 Salvage material - defined 834.2.19 Sewage - defined 834.2.20 Sight triangle - defined 834.2.21 Street line - defined 834.2.22 Turfgrass - defined Clean and Clear Orillia 834.2 April 2024 834.2.23 Vegetative growth - defined 834.2.24 Waste material - defined 834.2.25 Zoning By-law - defined Article 3 General Provisions 834.3.1 Land - drained - clean - clear - filled 834.3.2 Private drain - good repair 834.3.3 Private drain - altered - relayed - as required 834.3.4 Waste - domestic - industrial - deposit - prohibited 834.3.5 Land maintained - free and clear - all waste 834.3.6 Land - structure - in City - waste disposal - prohibited 834.3.7 Exemptions - dumping - City - structures 834.3.8 Garbage - waste - enclose - as prescribed 834.3.9 Vehicle - dismantled - storage - restricted 834.3.10 Regulation - inspection - prohibition - applicable 834.3.11 Conflict - other enactments 834.3.12 Restrictions - in addition 834.3.13 Vegetative growth - height - length - limit - exceptions - general 834.3.14 Vegetative growth - height - length - limit - exception - natural area 834.3.15 Weeds - prohibited - list 834.3.16 Weeds - prohibited - exception 834.3.17 Vegetative growth - requirements - general 834.3.18 City - not prevented - work on boulevard Article 4 Order 834.4.1 Service - Officer - requirements 834.4.2 Service - on owner - lessee - last known address 834.4.3 Service - on occupant - affected property 834.4.4 Land - structure - identified Clean and Clear Orillia 834.3 April 2024 834.4.5 Order - fail to comply Article 5 Inspection - Land - Structure 834.5.1 Entry and inspection 834.5.2 Hinder or Obstruct Article 6 Director - Officer - Authority 834.6.1 Failure to comply - remedy - by Director 834.6.2 Matters - things - removed - disposal - immediate 834.6.3 Expenses - recovery - by City 834.6.4 Health - safety - protected - nuisance - prevented 834.6.5 Storage - regulated items - enclosure - requirements 834.6.6 Compliance - time for - determination - considerations 834.6.7 Compliance - time for - determination - final Article 7 Enforcement 834.7.1 Authority - Enforcement 834.7.2 Fine - for contravention - general 834.7.3 Fine - contravention - part 1 offence 834.7.4 Order - prohibiting continuation - offence 834.7.5 Rebuttable presumption - identification Article 8 Interpretation and Validity 834.8.1 Words - plural - singular 834.8.2 Headings - convenience only 834.8.3 Amended references 834.8.4 Schedules 834.8.5 Validity and severability Clean and Clear Orillia 834.4 April 2024 Schedules Schedule "A" - Site Triangle - Illustration __________ Article 1 Short Title 834.1.1 Short Title - Scope This Chapter may be cited as the "Clean and Clear By-law" and shall apply to the whole geographic limits of the City. In the text of the Chapter, it is referred to as "this Chapter." Article 2 Interpretation 834.2.1 Boulevard - defined "boulevard" means that portion of the highway (whether assumed or unassumed by the City) between the adjacent property line and the edge of the curb, or in cases where there is no curb, between the adjacent property line and that portion of the highway which is travelled or designed to be travelled by vehicles, and may include a sidewalk or a driveway apron. 834.2.2 City - defined "City" means The Corporation of the City of Orillia or the land within the geographic limits of The Corporation of the City of Orillia as the context requires. 834.2.3 Director - defined "Director" means the City's Director of Legislative, Building, Parking, and Transit Services or designate. 834.2.4 Domestic waste - defined "domestic waste" means any article, thing, matter or any effluent belonging to or associated with a house or household or concerning or relating to the home or family that appears to be waste material; and for greater certainty, but not so as to restrict the generality of the foregoing terms of this section, it is hereby declared that domestic waste extends to the following classes of waste material: (a) accumulations, deposits, leavings, litter, remains, rubbish, trash; (b) refrigerators, freezers or other appliances, any attached hinges or latching, locking or other closing mechanism or device, or any part thereof; (c) furnaces, furnace parts, pipes, fittings to pipes, water or fuel tanks, or any part thereof; Clean and Clear Orillia 834.5 April 2024 (d) inoperative motor vehicles, vehicle parts and accessories; (e) paper, cartons; (f) furniture; (g) crockery; (h) sewage; (i) salvage materials; (j) waste material. 834.2.5 Driveway apron - defined "driveway apron" means that portion of any driveway, parking lot, or other hard surface, whether paved, poured, laid or otherwise constituted, which extends from private property onto the highway. 834.2.6 Highway - street - defined "highway" or "street" includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle any portion of which is intended for or used by the general public for the passage of vehicles and includes the lateral property lines thereof. 834.2.7 Industrial waste - defined "Industrial waste" means any article, thing, matter or any effluent belonging to or associated with industry or commerce or concerning or relating to manufacture or concerning or relating to any trade, business, calling or occupation that appears to be waste material or salvage material; and for greater certainty, but not so as to restrict the generality of the foregoing terms of this section, it is hereby declared that industrial waste extends to the following classes of waste material: (a) articles, things, matter, effluent, which in whole or in part or fragments thereof, are derived from or are constituted from or consist of: (i) agricultural, animal, vegetable, paper, lumber, or wood products; or (ii) mineral, metal, steel, aluminum, or other ferrous or non-ferrous material or alloy, or chemical products, whether or not the products are manufactured otherwise processed, or are products or by- products products manufactured or otherwise processed; (b) automotive parts, inoperative motor vehicles, batteries, vehicle parts, mechanical equipment, mechanical parts, accessories or adjuncts to the vehicles and mechanical equipment, or any part thereof; Clean and Clear Orillia 834.6 April 2024 (c) piping, tubing, conduits, cable and fittings or other accessories, or adjuncts to the piping, tubing, conduits or cable; (d) containers of any size, any type or any composition; (e) material resulting from, or as part of, construction or demolition projects; (f) rubble, inert fill; (g) bones, feather, hides; (h) sewage; (i) salvage material; (j) waste material. 834.2.8 Inoperative motor vehicle - defined "inoperative motor vehicle" means a vehicle having missing parts, including tires or damaged or missing glass or deteriorated or removed metal adjunctions, which prevent its mechanical function, or which does not have a current valid vehicle permit issued by the Ministry of Transportation. 834.2.9 Lot - defined "lot" means a parcel or tract of land, the title of which is legally conveyable as a separate parcel. 834.2.10 Natural area - defined "natural area" means an area of vegetation deliberately planted or cultivated with one or more species of wild flowers, shrubs, annuals, perennials, ornamental plants, or combination of them, that is monitored and maintained by a person. 834.2.11 Officer - defined "Officer" means a Municipal By-law Enforcement Officer, or any other person appointed by by-law to enforce this Chapter. 834.2.12 Ornamental plants - defined "ornamental plants" means plants deliberately grown for beautification, screening, accent, specimen, colour or other aesthetic reasons, but does not include any variety of turfgrass. 834.2.13 Owner - defined "owner" means an owner, lessee or occupant, whether in lawful occupation or not. Clean and Clear Orillia 834.7 April 2024 834.2.14 Person - defined "person" includes an individual, sole proprietorship, partnership, limited partnership, trust, corporation, and an individual in their capacity as a trustee, executor, administrator, or other legal representative. 834.2.15 Private drain - defined "private drain" means a storm sewer connection and/or sanitary connection situated on private property. 834.2.16 Responsible person - defined "responsible person" means the person who, in the opinion of the Officer, is the one who has caused, acquiesced or allowed some deed or act to be done or undertaken. 834.2.17 Roadway - defined "roadway" means the part of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder. 834.2.18 Salvage material - defined "salvage material" means any scrap metal, steel, plastic, rubber or other such materials or substances or goods, of commercial value or not, collected, deposited, stored or kept for any purpose such as, without limitation, further cutting, sorting or processing, or disposition elsewhere, including the storage of used motor vehicles for the purpose of wrecking or dismantling them or salvaging parts thereof for sale or other disposal. 834.2.19 Sewage - defined "sewage" includes any liquid waste containing human, vegetable or mineral matter, waste that is in suspension whether domestic or industrial or any other waste whether in suspension or precipitated, but does not include roof water or storm run-off. 834.2.20 Sight triangle - defined "sight triangle" means a triangular area formed by two intersecting street lines, or the projections thereof where the street lines do not intersect, and a straight line connecting them 7.5 metres from their point of intersection. (Refer to Illustration in Schedule "A") 834.2.21 Street line - defined "street line" means a dividing line between a lot and a street. 834.2.22 Turfgrass - defined "turfgrass" means any of the various grass species grown for lawns that can form a dense, uniform turf if mown including, but not limited to, Kentucky bluegrass, perennial ryegrass, or fine fescue. 834.2.23 Vegetative growth - defined "vegetative growth" means woody or non-woody plant material, or any combination thereof, including, but not limited to, undergrowth, grass, and brush. Clean and Clear Orillia 834.8 April 2024 834.2.24 Waste material - defined "waste material" means material or effluent that, in the opinion of the Officer: (a) appears to have been cast aside or discarded or abandoned, whether it is or not; or (b) appears to be worthless or useless or of no practical value whether it is or not; or (c) appears to be used up, in whole or in part, or expended or worn out in whole or in part; or (d) is industrial waste or domestic waste. 834.2.25 Zoning By-law - defined "Zoning By-law" means the City's Comprehensive Zoning By-law 2014-44. Article 3 General Provisions 834.3.1 Land - drained - clean - clear - filled Every owner shall keep their grounds, yard or vacant land filled up, drained, clean or cleared up. 834.3.2 Private drain - good repair Every owner shall keep their private drain in a good state of repair. 834.3.3 Private drain - altered - relayed - as required Every owner shall alter or relay the private drain as may be required by the Officer. 834.3.4 Waste - domestic - industrial - deposit - prohibited No person shall cause or permit waste material, domestic or industrial waste to be deposited or remain on any land in the City. 834.3.5 Land maintained - free and clear - all waste Except as provided in section 834.3.8, every owner shall keep their land free and clear of all waste material, garbage, refuse or domestic or industrial waste of any kind. 834.3.6 Land - structure - in City - waste disposal - prohibited No person shall use any land or structure within the City for dumping or disposing of waste material, garbage, refuse, or domestic or industrial waste of any kind. 834.3.7 Exemptions - dumping - City - structures Sections 834.3.5 and 834.3.6 do not apply to: Clean and Clear Orillia 834.9 April 2024 (a) land or structures used by the City for the purpose of dumping or disposing of garbage or refuse, or domestic or industrial waste; or (b) land designated by by-law of the City for the purpose of dumping or disposing of waste material, garbage or refuse, or domestic or industrial waste. 834.3.8 Garbage - waste - enclose - as prescribed Every owner shall enclose any garbage, refuse, domestic waste of any kind or industrial waste of any kind in such a manner as may be prescribed by the Officer in writing. 834.3.9 Vehicle - dismantled - storage - restricted Except as provided pursuant to any relevant licensing by-law in force from time to time in the City, no person shall use any land or structure in the City for storing used motor vehicles for the purposes of wrecking or dismantling them or salvaging parts thereof for sale or other disposal. 834.3.10 Regulation - inspection - prohibition - applicable This Chapter applies to the regulation, inspection or prohibition of the matters referred to in this Chapter and shall be applicable to all such matters whether or not the matter to be regulated, inspected or prohibited was in existence prior to the date of the enactment of the enabling by-law by Council. 834.3.11 Conflict - other enactments In the event of any inconsistency between the provisions of this Chapter and the Property Maintenance and Occupancy By-law [Chapter 866, City of Orillia Municipal Code] in force in the City, the provisions of this Chapter, only to the extent necessary to avoid such inconsistency, shall prevail. 834.3.12 Restrictions - in addition The prohibitions and restrictions set out in this Chapter are in addition to any restrictions and prohibitions contained in Chapter 538 - Use of City Road Allowances and Water Lots, and any by-law of the City passed pursuant to section 34 of the Planning Act. 834.3.13 Vegetative growth - height - length - limit - exceptions - general Every owner shall ensure all vegetative growth on their land does not exceed 20 centimeters (8 inches) in height or length, excluding: (a) ornamental plants; (b) shrubs, hedges, or trees; (c) cultivated fruits or vegetables; or Clean and Clear Orillia 834.10 April 2024 (d) areas zoned Open One (OS1) - Public Park, Open Space Two (OS2) - Private Open Space, or Environmental Protection (EP) under the City's Zoning By-law. 834.3.14 Vegetative growth - height - length - limit - exception - natural area Vegetative growth within a natural area is exempt from section 834.3.13, with the exception of turfgrass which still must be maintained in accordance with this section. 834.3.15 Weeds - prohibited - list Notwithstanding any other provision of this Chapter, every owner shall destroy and remove the following from their land including from a natural area: (a) any noxious weed designated by or under the Weed Control Act, R.S.O. 1990, c. W.5, including any weed that may be designated as a local weed by the City upon passage of a by-law in accordance with that Act; (b) buckthorn, glossy (Rhamnus frangula); (c) knotweed, Japanese (Polygonum cuspidatum); (d) loosestrife, purple (Lythrum salicaria); (e) mustard, garlic (Alliaria petiolate); (f) poison-sumac (Toxicodendron vernix); and (g) phragmites (Phragmites australis subsp. Australis). For the purpose of this section, the weeds shall be destroyed by the following means: (i) pulling or otherwise removing the weeds and the root system from the soil; or (ii) 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. 834.3.16 Weeds - prohibited - exception Section 834.3.15 does not apply to areas zoned Open One (OS1) - Public Park, Open Space Two (OS2) - Private Open Space, or Environmental Protection (EP) under the City's Zoning By-law. 834.3.17 Vegetative growth - requirements - general Notwithstanding section 834.3.13, every owner shall maintain all vegetative growth on their land and on the boulevard that abuts their land, which for the purpose of this Clean and Clear Orillia 834.11 April 2024 section includes ornamental plants, shrubs, hedges, trees, cultivated fruits or vegetables, and natural areas, according to the following requirements: (a) vegetative growth shall not obstruct any sidewalk or roadway; (b) vegetative growth shall not restrict visibility to any traffic control sign or device; (c) vegetative growth shall not partially or wholly conceal, or interfere with the use of any hydrant, water valve, culvert, catch basin, or drainage inlet; and (d) vegetative growth shall not be located within a sight triangle, or in any portion of the street adjacent to a sight triangle, if such growth restricts sight lines for motorists or pedestrians. For greater certainty, section 834.3.17(d) does not apply to vegetative growth that is less than 1 metre (3.3. ft) in height above the surface of the adjacent street. 834.3.18 City - not prevented - work on boulevard Nothing in this Chapter shall prevent the City, by its employees, or agents, from altering, opening, or otherwise using any boulevard or part thereof for municipal purposes. The City is also not responsible for reinstating any vegetative growth on the boulevard due to any work undertaken. Article 4 Order 834.4.1 Service - Officer - requirements The Officer may, by an Order served personally or sent by regular mail served on the owner of the land or structure, or responsible person, or owner of the land abutting the boulevard, require the owner, or responsible person, or owner of the land abutting the boulevard, within the time specified in the Order: (a) to keep the private drains in a good state of repair; (b) to alter or relay the private drains; (c) to clean, clear or remove from the land or structure waste material, garbage, refuse or domestic or industrial waste of any kind; (d) to cease using the land or structure for the dumping or disposing of garbage, refuse, or domestic or industrial waste of any kind; (e) to enclose garbage, refuse or domestic or industrial waste in the manner prescribed by the Officer; Clean and Clear Orillia 834.12 April 2024 (f) to cut any vegetative growth whenever the growth exceeds 20 centimeters (8 inches) in height or length, or is not in compliance with section 834.3.17; (g) to destroy any of the weeds set out in section 834.3.15 in the prescribed manner. 834.4.2 Service - on owner - lessee - last known address Every Order to an owner or lessee shall be sent to the address shown on the last revised assessment roll or to the last known address, and in the case of a responsible person, the last known address for such person. 834.4.3 Service - on occupant - affected property Every Order sent to an occupant shall be to the address of the land or structure or to the last known address of the occupant. 834.4.4 Land - structure - identified Every Order sent by the Officer shall identify the land or structure. 834.4.5 Order - fail to comply No person shall fail to comply with an Order issued pursuant to section 834.4.1 of this Chapter. Article 5 Inspection - Land - Structure 834.5.1 Entry and inspection An Officer may, at any reasonable time without a warrant, enter on any land to determine whether this Chapter is being complied with. For the purpose of such inspection, the Officer may: (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 from any person concerning a matter related to the inspection; 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 purposes of the inspection. For the purpose of exercising the power of entry, the person exercising the power shall comply with the provisions of the Municipal Act, 2001 including any requirements of Clean and Clear Orillia 834.13 April 2024 sections 435 (Conditions Governing Powers of Entry) and 437 (Restriction Re: Dwellings) of the said Act. 834.5.2 Hinder or Obstruct No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising a power or performing a duty under this Chapter, or any person lawfully acting in aid of such an Officer. Without limiting the generality of the meaning of "hinder" or "obstruct", a person shall be deemed to have obstructed or hindered an Officer in the execution of their duties if the person: (a) provides false information to an Officer; or (b) is alleged on reasonable and probable grounds to have contravened any of the provisions of this Chapter, and fails to identify themselves to an Officer upon request. Article 6 Director - Officer - Authority 834.6.1 Failure to comply - remedy - by Director Where the owner, or responsible person, or owner of the land abutting the boulevard, is in default of doing the matter or thing required to be done under this Chapter, the Director, or persons acting upon their instructions, may enter on the land at any reasonable time without further notice to: (a) fill up, drain, clean or clear up the grounds, yard or vacant land; (b) repair the private drain or alter or relay the private drain; (c) remove waste material, garbage, refuse or domestic or industrial waste; (d) enclose waste material, domestic or industrial waste; (e) remove used motor vehicles stored for the purpose of wrecking or dismantling them or salvaging parts thereof for sale or other disposal. (f) to cut any vegetative growth whenever the growth exceeds 20 centimeters (8 inches) in height or length, or is not in compliance with section 834.3.17; (g) to destroy any of the weeds set out in section 834.3.15 in the prescribed manner. 834.6.2 Matters - things - removed - disposal - immediate Where any of the matters or things are removed in accordance with section 834.6.1, the matters or things may be immediately disposed of by the Director, or persons acting upon their instructions without further notice, or compensation. Clean and Clear Orillia 834.14 April 2024 834.6.3 Expenses - recovery - by City The City may recover the expense in doing a matter or thing referred to in section 834.6.1 from the owner, or responsible person directed or required to do it by action, or in the same manner as municipal taxes. 834.6.4 Health - safety - protected - nuisance - prevented Where, in this Chapter, the Officer has the power to prescribe a manner by which garbage, refuse, waste material, domestic or industrial waste ("regulated items") be enclosed, the said power shall be exercised to ensure that the regulated items: (a) do not pose a health or safety hazard to the owner or members of the public; and (b) do not create any visual or other nuisance. 834.6.5 Storage - regulated items - enclosure - requirements As the circumstances may require, the Officer may require: (a) that any of the regulated items be kept or stored completely within a building or an enclosure (designed or suitable for such purpose); (b) that any land area utilized for the storage of such regulated items be completely enclosed by a fence constructed out of solid metal or wooden materials, or wire mesh, and that such fencing shall be of a height not greater than 3.7 metres (12 ft.); and (c) that in the case of keeping or storing regulated items in an enclosed area to which subsection (b) of this section applies, that the height of the regulated items within the relevant land area not exceed the top of the fence so required. 834.6.6 Compliance - time for - determination - considerations Where, pursuant to this Chapter, the Officer specifies a time within which an act, event or work shall be undertaken or done, the time so specified shall be determined by the Officer having regard to: (a) the nature and extent of the work to be done; and (b) whether any issue of public health or safety is involved in the matter. 834.6.7 Compliance - time for - determination - final The determination by the Officer as to what amount of time is appropriate shall be final. Clean and Clear Orillia 834.15 April 2024 Article 7 Enforcement 834.7.1 Authority - Enforcement The provisions of this Chapter may be enforced by an Officer. 834.7.2 Fine - for contravention - general Every person who contravenes any of the provisions of this Chapter, and every director or officer of a corporation who knowingly concurs in such contravention by a corporation, upon conviction, is guilty of an offence and shall be liable to a fine not exceeding $50,000. Notwithstanding the foregoing, where a corporation is convicted of contravening any of the provisions of this Chapter, the corporation shall be liable to a fine not exceeding $100,000. 834.7.3 Fine - contravention - part 1 offence Despite section 834.7.2, every person who is issued a Part 1 offence notice or summons and is convicted of an offence under this Chapter is liable to a maximum fine as provided for in the Provincial Offences Act. 834.7.4 Order - prohibiting continuation - offence Upon conviction, in addition to any other remedy and to any penalty imposed by this Chapter, 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. 834.7.5 Rebuttable presumption - identification In a prosecution for a contravention of this Chapter, evidence of identification shall be presumed to be correct and accurate, unless rebutted by evidence to the contrary. Article 8 Interpretation and Validity 834.8.1 Words - plural - singular In this Chapter, words used in the present tense include the future, words in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural includes the singular, as applicable, unless used with a number modifying them. 834.8.2 Headings - convenience only Headings are inserted for convenience of reference purposes only, form no part of this Chapter and shall not affect in any way the meaning or interpretation of the provisions of this Chapter. 834.8.3 Amended references Any references to a statute, regulation, by-law or other legislation or statutory instrument in this Chapter shall include such statute, regulation, by-law or other Clean and Clear Orillia 834.16 April 2024 legislation or provision thereof as amended, revised, re-enacted and/or consolidated from time to time and any successor legislation thereto. 834.8.4 Schedules All schedules to this Chapter shall form part of this Chapter. 834.8.5 Validity and severability If any provision of this Chapter is declared by a Court of competent jurisdiction to be invalid, illegal or ultra vires for any reason, all other provisions of this Chapter shall remain and continue in full force and effect and shall remain valid and binding. Repealed and Replaced: By-law 2024-049, 22 April 2024. Clean and Clear Orillia 834.17 April 2024 Schedule "A" - Site Triangle - Illustration