By-law No. 2007-5084 (collection and disposal of garbage and other refuse), as amended by By-laws 2008-5193 and 2008-5284
Parry Sound, Ontario
· No. 2007-5084
· summary & facts
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THE CORPORATION OF THE TOWN OF PARRY SOUND
BY-LAW NO: 2008 - 5284
-1-
Being a By-law to amend By-Law 2007-5084, a by-law
to establish and maintain a system for the collection and disposal of
garbage and other refuse.
WHEREAS pursuant to Section 11 (3) of the Municipal Act, S.O.
2001, c.25 as amended, provides that a by-law may be passed by Council
respecting matters within the Waste Management sphere of jurisdiction;
AND WHEREAS The Council of the Corporation of the Town of
Parry Sound wished to amend By-Law 2007-5084;
NOW THEREFORE THE COUNCIL OF THE
CORPORATION OF THE TOWN OF PARRY SOUND ENACTS AS
FOLLOWS:
1. Section 4 - Responsibilities of the Contractor
Add:
3) Collection services shall not commence prior to 8:30 a.m.
on Saturday, Sunday and Statutory Holidays.
4) Collection services in the Downtown Business District
shall commence at 8:30 a.m. on all days.
This By-law shall come into force and take effect upon the final passing
thereof.
READ a FIRST time this-Z”* day of Zlece., 42-2008
MAYOR CLERK
READ a SECOND and THIRD time, PASSED, SIGNED and SEALED
this day of , 2008.
‘MAYOR CLERK
THE CORPORATION OF THE TOWN OF PARRY SOUND
BY-LAW NO: 2008-5193
-1-
Being a By-law to amend the Waste Management By-law 2007-5084,
being a By-law to establish and maintain a system for the collection
and disposal of garbage and other refuse
WHEREAS pursuant to section 10(2)(6)of the Municipal Act,
S.O. 2001, c. 25, as amended, a single-tier municipality may pass by-laws
respecting the health, safety and well-being of persons.
WHEREAS pursuant to section 10(2)(8)of the Municipal Act,
S.O. 2001, c. 25, as amended, a single-tier municipality may pass by-laws
respecting the protection of persons and property.
WHEREAS pursuant to section 10(2)(9) of the Municipal Act,
S.0. 2001, c. 25, as amended, a single-tier municipality may pass by-laws
respecting Animals.
WHEREAS pursuant to section 444(1) of the Municipal Act, $.O.
2001, c. 25, as amended, provides that if a municipality is satisfied that a
contravention of a by-law has occurred, the municipality may make an
ORDER requiring the person who contravene the by-law or who caused or
permitted the contravention or the owner or occupier of the land on which
the contravention occurred to discontinue the contravening activity.
WHEREAS the Corporation of the Town of Parry Sound deems it
necessary to regulate the storage of garbage to prevent potential conflict
between wildlife and humans and for health reasons.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF
THE TOWN OF PARRY SOUND ENACTS AS FOLLOWS:
1. That the “Definitions section E - Miscellaneous” be amended by
adding the following definitions:
vi) Bear: means a black bear (Ursus americanus)
vii) Bear resistant container: fully enclosed container with a metal lid
which can be completely closed with a latching mechanism that
prevents access by bears and wildlife.
vii) Bear resistant enclosure: a structure with four enclosed sides,
roof, doors and a latching device, of sufficient design and strength
to prevent access by bears or wildlife.
viii) Garbage collection days: the regular scheduled garbage pick up
day established for each location in the Town of Parry Sound and
shall include the adjusted date where public holidays occur.
ix) Grease Barrel: any container used to store discarded cooking oil
and/or grease
X1) Wildlife: include any animal which is wild by nature and not
normally domesticated in Ontario including bears.
19.
b)
d)
THE CORPORATION OF THE TOWN OF PARRY SOUND
BY-LAW NO: 2008-5193
-2-
That “Section 3 - Responsibilities of Residents, Industrial,
Commercial and Institutional Establishments” be amended by
adding the following:
Storage of garbage:
a) Garbage bags containing Household, Industrial,
Commercial Institutional or Special Event garbage shall not be
placed or stored outside the enclosing walls of a building between
garbage collection days unless the storage place is one of the
following:
i) a bear resistant exterior bulk or roll off container
il) a bear resistant garbage enclosure
iii) a returnable receptacle which has a secure lid
iv) a garbage enclosure either manufactured or man-made
v) an exterior bulk or roll off container
The storage place shall be maintained at all times in a litter free
condition and in a manner that will not attract pests and wildlife or
create a health or safety hazard due to the nature of the storage or
through deterioration, wind or misuse of the storage place.
i) Ifa storage place attracts pest or wildlife, the owner of
said storage, may be ORDERED by a By-law Enforcement
Officer, in writing by way of a Notice of Violation, to take
remedial action.
ii) Remedial action includes but not limited to the removal of
the attractant or the procurement of a bear resistant
container or bear resistant enclosure.
iii) No person shall fail to take remedial action ORDERED by
a By-law Enforcement Officer.
Where an exterior bulk or roll-off container or garbage enclosure
are used as a storage place it shall:
i) be equipped with a secure covers or similar devices which
shall be readily openable but not left open except when
actively being loaded
ii) be large enough to contain all the garbage generated
between collections by the occupant served.
iii) not be loaded beyond the top of the container.
Notwithstanding the requirements of this section, a temporary
storage place resulting solely from the construction, demolition or
alteration of a building or part thereto may be placed or stored on
the property provided:
1) it is removed frequently and in its entirety from the property
and.
il) it will not cause risk to the health or safety or any persons
Grease barrel shall be regularly empty, clean and not allowed to
overflow, as not to attract pests or wildlife or create a health or
safety hazard.
THE CORPORATION OF THE TOWN OF PARRY SOUND
BY-LAW NO: 2008-5193
-3-
i) If a grease barrel attracts pest or wildlife, the owner of
said barrel, may be ORDERED by a By-law Enforcement
Officer, in writing by way of a Notice of Violation, to take
remedial action.
il) Remedial action includes but not limited to the removal of
the attractant or the procurement of a bear resistant
container or bear resistant enclosure.
iii) No person shall fail to take remedial action ORDERED by
a By-law Enforcement Officer.
4. That section 5(1) be revoked and replaced with the following
wording
5(1) In addition to any other remedy, every person who
contravenes any of the provisions of this By-law is guilty of
an offence and on conviction is liable to a fine of not more
than $5,000.00 as provided for in the Provincial Offences
Act.
5. That section 4.14 of the Property Standards By-law be revoked.
6. This By-law shall come into force and take effect upon the final
passing thereof.
READ a FIRST time this /say of _—Zee% 2008
MAYOR CLERK
READ a SECOND and THIRD time, PASSED, SIGNED and SEALED
this 5 “tay of Maer c , 2008.
MAYOR CLERK
THE CORPORATION OF THE TOWN OF PARRY SOUND
BY-LAW NO: 2007-5084
-1-
Being a By-law to establish and maintain a system for the collection
and disposal of garbage and other refuse
WHEREAS pursuant to Section 11(3) of the Municipal Act, S.O.
2001, c.25, as amended, provides that a by-law may be passed by Council
respecting matters within the Waste Management sphere of jurisdiction;
AND WHEREAS the Corporation of the Town of Parry Sound
deems it necessary to establish regulations for the collection and disposal
of garbage within the Town of Parry Sound;
AND WHEREAS, Section 77 of the Municipal Act, $.O. 2001,
c.25, as amended, provides that any person who contravenes the by-law
prohibiting and regulating any matter passed under the waste management
sphere of jurisdiction, upon conviction shall be liable for a fine;
NOW THEREFORE THE COUNCIL OF THE
CORPORATION OF THE TOWN OF PARRY SOUND ENACTS AS
FOLLOWS:
1. DEFINITIONS
(A) Waste Types
19) Blue Box Items and Green Box Items
shall include items listed on attached Product List Schedule
T4 A”.
TY) Bulky Waste
shall include mattresses, crates, packing material,
household furnishings (chairs, sofas, tables, beds, carpets,
etc.) and any material used in the construction/renovation
of residential buildings, excluding shingles, asphalt and/or
concrete containing metal. .
I) Corrugated Cardboard
shall mean cardboard with corrugated insert.
IV) Household Hazardous Waste
Shall include items listed and shall exclude items listed on
the attached Product List Schedule “B”.
V) Household Garbage
shall mean all other waste generated by a household
resident and not included in Produce List Schedule A or
Schedule B.
VI) Industrial, Commercial and Institutional Garbage
shall mean other waste not included in Section 1 and
generated by a shop, factory, store, restaurant, hotel, office
building, public building, hospital, institution and any other
place of business.
(B)
(C)
THE CORPORATION OF THE TOWN OF PARRY SOUND
VID)
Vi)
BY-LAW NO: 2007-5084
-2-
Leaf and Yard Waste
shall mean all leaves, grass clippings and branches smaller
than 6cm in diameter.
Scrap Metal
shall mean materials with metal content including
appliances, aluminum siding, car parts, bed springs and
other such materials.
Fluorocarbons
shall mean the chemical which aids in the operation of
refrigeration and air conditioning units and is commonly
referred to as “freon”.
TYPES OF WASTE GENERATORS
1)
Il)
HD)
IV)
Commercial
shall mean buildings or structures located in the
commercial zones as outlined in the Zoning By-Law and
used for commercial purposes.
Householder
shall mean any owner, occupant, leasee, tenant or any
person having use, occupation and/or charge of any
dwelling, apartment house, townhouse or any portion
thereof, for the sole purpose of a dwelling.
Industrial
shall mean buildings or structures located in the industrial
zones as outlined in the Zoning By-Law.
Institutional
shall mean any public building, hospital or nursing home as
outlined in the Zoning By-Law.
TYPES OF WASTE GENERATOR LOCATIONS
y
Dwelling
shall mean each residential unit with its own sleeping,
cooking, eating and sanitary facilities for person(s) residing
therein.
Place of Business
shall mean any place other than a dwelling and includes a
shop, factory, store, restaurant, hotel, office building or
other commercial, industrial or institutional establishments.
Premises
shall include any property that generates waste.
Rooming House
shall mean a dwelling house in which rooms are used or
maintained for the accommodation of the public, in which
the owner supplies lodging with or without meals for the
D)
E)
THE CORPORATION OF THE TOWN OF PARRY SOUND
BY-LAW NO: 2007-5084
-3-
persons so accommodated.
CONTAINER
(2)
dD
(II)
Returnable receptacle:
(a) constructed of metal or plastic;
(b) having proper handles and a water tight cover in
place to preclude the ingress & egress of flies or the
escape of odours therefrom;
(c) height not to exceed 91cm
(d) diameter not to exceed 45cm
(e) volume not to exceed 65 litres
(f) weight not to exceed 22.5 kgs, including contents.
Non-returnable plastic bag:
(a) size not to exceed 76 cm x 94 cm
(b) weight not to exceed 22.5 kgs, including contents
(c) must be properly tied at the top.
Non-returnable carton
(a) not corrugated cardboard
(b) size not to exceed 90 cm x 60 cm x 60 cm
MISCELLANEOUS
1)
I)
Til)
IV)
V)
Contractor
shall mean the person, corporation or partnership
performing garbage and recycling collection and haulage
under contract with the municipality.
Municipality
shall mean the Corporation of the Town of Parry Sound.
Street
shall mean a public highway, a public road including a
given road, which affords the principal means of access to
abutting lots and does not include a lane or a private right
of way, or unopened road allowance.
Town
shall mean the Corporation of the Town of Parry Sound.
By-Law Enforcement Officer
shall mean the By-Law Enforcement Officer for the
Corporation of the Town of Parry Sound or any person with
authority as authorized by the Corporation of the Town of
Parry Sound.
RESPONSIBILITIES OF THE TOWN OF PARRY SOUND
1)
That, notwithstanding any other sections of this By-Law, a
contract or contracts be made from time to time with some
person or company for the collection and disposal of all
household garbage and industrial, commercial and
institutional garbage throughout the whole of the Town of
uo
THE CORPORATION OF THE TOWN OF PARRY SOUND
in)
(IV)
(VY)
(VI)
BY-LAW NO: 2007-5084
-4-
Parry Sound, at such price r prices as may from time to time
appear reasonable to the Council of the Corporation of the
Town of Parry Sound.
That the occupants of all premises shall be informed by a
representative of the Town f the days or dates of collection,
and the different routes shall be passed over with such
regularity that all occupants may know when their
respective premises will be serviced.
That, notwithstanding any other sections of this By-Law,
household garbage, industrial, commercial and institutional
garbage shall be removed from premises once each week
except on designated holidays and Blue and Green Box
material removed from premises on alternating weeks.
That, notwithstanding any other sections of this By-Law,
the Chief Administrative Officer or his/her designate, in the
event of holidays, inclement weather, equipment
breakdown, and any other such reasons, thus disrupting
garbage collection, can increase the permitted number of
containers for pick up.
That upon request, the Town shall provide a Blue Box and
a Green Box to each Town of Parry Sound household for
residential use, free of charge. .
That the Town shall provide recycling containers to
industrial, commercial and institutional establishments on a
cost recovery basis.
RESPONSIBILITIES OF RESIDENTS, INDUSTRIAL,
COMMERCIAL AND INSTITUTIONAL
ESTABLISHMENTS
1)
2)
(a) That the occupant of each dwelling shall provide a
sufficient number of garbage containers, not to
exceed two (2), for containing all garbage to be
collected from such dwelling of other premises.
Containers for pick up in excess of two (2), toa
total maximum limit of six (6) per pick up must be
tagged with prepaid tags purchased at the Town
Office or alternate location as advertised.
(b) Household garbage may also be disposed of at the
McFarlane Street Transfer Station. Bags must be
tagged with prepaid tags purchased at the Town
Office or alternate location as advertised.
(c) Residents planning to be out of town on their
regular household garbage collection day shall be
permitted to dispose of two (2) bags at the
McFarlane Street Transfer Station, free of charge,
provided that the bags are tagged with prepaid tags,
that must be obtained from the Town Office only.
Rooming houses and multi-residential (apartments)
THE CORPORATION OF THE TOWN OF PARRY SOUND
3)
4)
5)
6)
oD)
8)
9)
BY-LAW NO: 2007-5084
-5-
buildings are limited to one (1) container per room and/or
unit, with containers for pick up in excess of one (1) toa
total maximum limit of two (2) containers, to be tagged
with prepaid tags purchased at the Town Office or alternate
location as advertised.
That the occupant of each place of business shall provide a
sufficient number of garbage containers, not to exceed five
(5), for containing all garbage to be collected from such
place of business. Containers for pick up in excess of five
(5) to a total maximum of eight (8), to be tagged with
prepaid tags purchased at the Town Office or alternate
location as advertised.
That no occupant shall cause or permit any accumulation of
garbage upon any private or public property.
That all occupants shall be responsible for th clean-up of
their broken garbage bags or upset containers either before
or after collection.
That all occupants shall place all garbage containers ready
for removal by the contractor at some convenient and
readily accessible place on the ground level at the street line
in front of their premises or such other place designated by
the municipal representative, not prior to 6:00 a.m. on the
day of collection unless said garbage is in a garbage bag,
placed in a garbage can which has a secured lid, and its
placement is not prior to 7:00 p.m. the night before said
collection day.
That Blue Box items generated from a dwelling be placed ©
in Blue Boxes and Blue Box items generated from a place
of business, be placed in Blue Boxes or 90 gallon recycling
carts for recycling on weeks designated for container pick
up and that Green Box items generated from a dwelling be
placed in Green Boxes and Green Box items generated
from a place of business, with the exception of corrugated
cardboard, be placed in Green Boxes or 90 gallon recycling
carts for recycling on weeks designated for fibre pick up
and placed at curbside for removal by the contractor at
some convenient and readily accessible place on the ground
level at the street line in front of their premises, or at such
other place designated by the municipal representative, not
prior to 6:00 a.m.
That corrugated cardboard generated from a place of
business shall be taken to the MacFarlane Street Transfer
Station and placed in the designated area for recycling.
This is also available to commercial haulers on a user-pay
basis.
That scrap metal shall be taken to the MacFarlane Street
Transfer Station and placed in the designated recycling bin
for recycling.
THE CORPORATION OF THE TOWN OF PARRY SOUND
10)
11)
12)
13)
14)
15)
16)
BY-LAW NO: 2007-5084
-6-
That prior to disposal of refrigeration, freezers and air
conditioning units at the MacFarlane Street Transfer
Station, eight (8) prepaid tags to cover the cost of
appropriate removal of fluorocarbon (freon), must be
presented to the Transfer Station Attendant.
That leaves and brush from the premises shall be either
composted by the occupant in a backyard composter or a
pile with a base of no greater than 2 cubic metres and
contained on own property or taken to the MacFarlane
Street Transfer Station and deposited without containers in
designated location to be composted.
That no household hazardous waste shall be placed in any
garbage container for garbage disposal. Household
Hazardous Waste shall be taken to the Household
Hazardous Waste Depot located at the MacFarlane Street
Transfer Station during designated times.
That bulky waste generated by a householder shall be taken
to the MacFarlane Street Transfer Station. Pre-paid tags
purchased at the Town Office or alternate location as
advertised must be presented to the Transfer Station
Attendant.
THAT
i) unless otherwise approved, only householders of the
Town of Parry Sound may utilize the disposal
facilities at the MacFarlane Street Transfer Station;
ii) all recycling and composting services at the
MacFarlane Street Transfer Station may be utilized
by households and industrial, commercial and
institutional establishments of the Town of Parry
Sound.
iii) municipalities may utilize the Household Hazardous
Waste Depot upon entering into an agreement with
the Town.
That prepaid tags be presented to the Transfer Station
Attendant for the disposal of bulky waste as follows:
i) Trunk Load - three (3) tags required
ii) Truck Load - ten (10) tags required
iii) Utility trailer or equivalent - ten (10) tags required
That nothing herein contained shall be deemed to entitle
schools, motor camps or parks (whether publicly or
privately owned), to have their garbage collected under the
provisions of the By-law, and the contractor for the
collection of garbage shall not be deemed to be under
obligation to collect from places excepted by this section.
Household garbage or industrial, commercial and
institutional garbage shall, however, be collected under this
By-law, from summer cottages or other summer resorts
within the Town limits.
THE CORPORATION OF THE TOWN OF PARRY SOUND
17)
18)
BY-LAW NO: 2007-5084
-7-
That all garbage which the contractor is required to remove,
and all garbage required to be removed under the
provisions of the Health Protection and Promotion Act
shall, unless other proper disposal is made thereof by the
occupants of premises, be placed with the said containers
from day to day by the occupants of the premises visited by —
the contractor under the provisions of this By-law.
That scavenging of Blue Box or Green Box items,
corrugated cardboard and scrap metal is prohibited.
4, RESPONSIBILITIES OF THE CONTRACTOR
1)
2)
THAT
i) the contractor shall handle all containers with due
care and after removing the contents of garbage
shall place them at the point from which they were
taken; and
li) the contractor shall carefully gather up any garbage
that may have been spilled by him/her from
containers and place the garbage in the garbage
collection vehicle.
That household garbage shall be removed from the
dwellings once each week and industrial, commercial and
institutional garbage from the places of business once each
week and shall be taken by the contractor to the designated
landfill site and shall be dumped there as directed by the
caretake or person in charge of the said jJandfill site.
5. ADMINISTRATION
1)
2)
3)
3)
That any person who contravenes any conditions of this By- .
law is guilty of an offence and upon conviction is liable to a
fine of not less than $200.00 and not more than $2,000.00
as prescribed under the provisions of the Provincial
Offences Act.
The By-Law Enforcement Officer or any person with
authority, as designated by the Corporation of the Town of
Parry Sound shall enforce the provisions of this By-law.
That from time to time as required, the fee for tags be
increased by passing of a resolution.
That By-laws No. 2002-4467, 5003-4562 and 2004-4757
are hereby revoked.
THE CORPORATION OF THE TOWN OF PARRY SOUND
BY-LAW NO: 2007-5084
-8-
6. This By-law shall come into force and take effect upon the final
passing thereof.
READ a FIRST time this 77 7 day of Lig , 2007
Lik. ee ee
MAYOR CLERK
READ a SECOND and THIRD time, PASSED, SIGNED and SEALED
oe
this /S day of Mes _, 2007
MAYOR CLERK
SCHEDULE “A” TO BY-LAW 2007 -5084
PRODUCT LIST
GREEN (FIBRE) BOX
° Envelopes, flyers, paper bags, greeting cards,
gift wrapping;
° Catalogues, magazines, phone books, paperback books;
° Newspapers, office paper, computer paper;
. Kleenex and cereal boxes, egg cartons, cardboard tubes;
° Milk and juice cartons
° Cardboard/boxboard - flatten & bundle no larger than the size of a recycling box and tie
with string
BLUE (CONTAINER) BOX
° Plastic bottles #1 and #2;
° Metal food & beverage cans;
° Glass bottles and jars
SCHEDULE “B” TO BY-LAW 2007 - 5084
PRODUCT LIST
HOUSEHOLD HAZARDOUS WASTE
All products must have legible labels
Cleaning fluids
paints (manufactured after 1978)
detergents
aerosols
pharmaceuticals (expired/unused medications)
anti-freeze
ammonia
bleach
acids
batteries
motor oil
pesticides
car batteries propane tanks
NOT ACCEPTABLE
Flares
No PCB Wastes, products containing PCB’s
Explosives
Gasoline/Diesel Fuel
Syringes/Medical Wastes
Asbestos
Ammunition
Tires
Freon
Pathological & Radioactive Wastes
Industrial & Commercial Wastes
Roof Shingles
Unidentified Wastes
Paints manufactures before 1978