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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
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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
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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
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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;
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(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;
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(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.
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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.
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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:
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(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
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(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
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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;
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(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
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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.
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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.
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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
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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