This is the exact embedded text of the captured official document.
Snapshot 396b08c68ff4 · verified 2026-10-18 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE CORPORATION OF THE TOWN OF PERTH
BY-LAW NO. 5162
Being a By-law to provide minimum standards for maintaining yards in a clean
and clear condition
1. RECITALS:
1.1
Sections 8, 9 and 11 of the Municipal Act, 2001, S.O. 2001, c. 25 as
amended (the "Act") allow 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;
1.2
Section 127 of the Act permits a municipality to:
(a) require an owner or occupant of land to clean and clear land, not
including buildings, or to clear refuse or debris from land, not including
buildings;
(b) regulate when and how such matters shall be done;
(c) prohibit the disposal of refuse or debris on land without the consent of
the owner or occupant of the land; and,
(d) define refuse for the purpose of this section.
1.3
Section 128 of the Act permits a municipality to pass by-laws to prohibit
and regulate with respect to public nuisances, including matters that, in the
opinion of council, are or could become or cause public nuisances;
1.4
Section 131 of the Act provides that a municipality may prohibit and
regulate the use of any land for the storage of used motor vehicles for the
purpose of wrecking or dismantling them or salvaging parts from them for
sale or other disposition;
1.5
Sections 434.1 of the Act establishes that a municipality may require a
person, subject to such conditions as the municipality considers
appropriate, to pay an administrative penalty if the municipality is satisfied
that the person has failed to comply with a by-law of the municipality
passed under the Act.
1.6
Section 434.2 of the Act further establishes that an administrative penalty
imposed by a municipality on a person constitutes a debt of the person to
the municipality, and if such administrative penalty is not paid within 15
days after the day that it becomes due and payable, the municipality may
add the administrative penalty to the tax roll and collect it in the same
manner as municipal taxes;
Town of Perth By-law 5162
Page 1 of 12
1. 7
Sections 435 and 436 of the Act establishes the conditions under which an
employee, officer or agent of the municipality may enter onto private
property for the purpose of carrying out an inspection to determine
whether a by-law is being complied with;
1.8
Sections 444 and 445 of the Act state that a municipality can order
someone in contravention of a by-law to discontinue the contravening
activity or to order this person, a property owner or occupant, or someone
who caused or permitted the contravening activity to correct the
contravention;
1.9
Section 446 of the Act states that if a municipality has the authority under
this or any other Act or under a by-law under this or any other Act to direct
or require a person to do a thing, the municipality may also provide that, in
default of it being done by this person directed or required to do it, the
matter or thing shall be done at the person's expense;
1.1 O The Committee of the Whole has reviewed Staff Report 2024-COW-8.8
and concurs with the recommendation to pass By-law No. 51xx, being a
by-law to provide minimum standards for maintaining yards in a clean and
clear condition, and to repeal By-law No. 4863.
Accordingly, the Council of The Corporation of the Town of Perth enacts as follows:
2. AUTHORIZATION:
2.1
Definitions:
2.1.1 Act means the Municipal Act, 2001, S.O. 2001, c. 25, as amended.
2.1.2 Art Mural means a mural depicting a scene or theme for a designated
surface and location that has been approved including by the Owner
and deliberately implemented for the purposes of beautifying the
specific location.
2.1.3 By-law means this By-law, as it may be amended from time to time;
and Recitals to this By-law are all considered integral parts of it.
2.1.4 Clerk means the Director of Legislative Services/Clerk as appointed by
by-law by the Council of the Corporation.
2.1.5 Corporation means The Corporation of the Town of Perth.
2.1.6 Council means the elected municipal Council of The Corporation of
the Town of Perth.
2.1. 7 Compost means accumulated biodegradable waste.
Town of Perth By-law 5162
Page 2 of 12
2.1.8 Director means the Director of Legislative Services/Clerk.
2.1.9 Domestic Waste means:
a. garbage, rubbish, junk, refuse, debris or litter;
b. excessive accumulations or piles of grass clippings, tree and garden
cuttings, brush and leaves which are not part of a horticultural or
composting process;
c. unusable containers such as crockery, dishes, glassware, bottles,
plastic containers and cans;
d. discarded paper, paper products, cardboard, or clothing;
e. discarded weighty or bulky materials such as stoves, refrigerators
and other such appliances, furniture, furnace parts, pipes, water or
fuel tanks;
f. Inoperative Motor Vehicles and Motor Vehicle parts including but
not limited to tires, mechanical equipment, mechanical parts,
accessories and adjuncts to the Motor Vehicles and mechanical
equipment;
g. broken concrete or asphalt pavement, patio or sidewalk slabs or
unusable building materials;
h. discarded, unused or waste materials resulting from or as part of
construction, alteration, repair or demolition of any building or
structure or old or decayed lumber; and,
i. discarded, dead, diseased, decayed or damaged trees or bushes.
2.1.10 Graffiti means one or more letters, symbols, figures, etchings,
scratches, inscriptions, stains or other markings that disfigure or
deface a building, structure, fence, retaining wall, sidewalk, pavement,
waste container, trailer, vehicle or other similar feature, that are not an
Art Mural.
2.1.11 Industrial Waste means any article, thing, matter or any effluent
usually, but not excessively belonging to or usually, but not exclusively
associated with industry of commerce or concerning or relating to
manufacture or concerning or relating to any trade business, calling or
occupation that appears to be Waste Material; and for greater certainty,
but not so as to restrict the generality of the foregoing terms of this
clause is hereby declared that Industrial Waste exceeds to the
following classes of Waste Material:
Town of Perth By-law 5162
Page 3 of 12
a. Articles, things, matter or effluents, which in whole or in part or
fragments thereof, are derived from or are constituted from or consist
of:
i. agriculture, animal, vegetable, paper, lumber or wood products, or
ii. mineral, metal, or chemical products,
whether or not the products are manufactured or otherwise
processed.
b. Automotive parts, Inoperative Motor Vehicles, vehicle parts,
mechanical equipment, mechanical parts, accessories or adjuncts to
the Motor Vehicles and mechanical equipment;
c. Piping, tubing, conduits, cable and fittings or other accessories or
adjuncts to the piping, tubing, conduits or cable;
d. Containers or pallets of any size, type or composition;
e. Material resulting from, or as part of, construction or demolition
projects;
f. Rubble, inert fill;
g. Bones, feathers or hides;
h. Sewage.
2.1.12 Inoperative Motor Vehicle means a Motor Vehicle having missing
parts, including tires or damaged or missing glass or deteriorated or
removed metal adjunctions, which prevent it from functioning
mechanically in the way it was originally designed, or which does not
have a currently valid licence plate issued by the Ministry of
Transportation.
2.1.13 Motor Vehicle means commercial and industrial Motor Vehicle and
equipment, automobiles, motorized snow vehicles, off-road vehicles,
motorcycles, all-terrain vehicles, trailers, boats, marine equipment,
farm equipment, construction equipment, and heavy machinery.
2.1.14 Naturalized Area means a portion(s) of a Yard where the Owner has
re-established a reproducing population of native North American
species and/or cultivars, through a combination of natural regeneration
and deliberate plantings of native species, not including Noxious
Weeds.
2.1.15 Noxious Weeds means any of the species designated in the Weed
Control Act, R.S.O.1990, c. W.5, and R.R.O., Regulation 1096.
Town of Perth By-law 5162
Page 4 of 12
2.1.16 Officer means a Municipal By-law Enforcement Officer and/or Property
Standards Officer appointed by by-law by the Council of the
Corporation.
2.1.17 Owner means the registered Owner of the property, and for the
purpose of this By-law, includes any lessee or tenant, occupant or any
person having an interest, whether equitable or legal in the land.
2.1.18 Person means in addition to its regular meaning, includes an
individual, firm, proprietorship, partnership, association, syndicate,
trust, corporation, department, bureau, and agency or any director,
officer, manager, or Person in charge of such entity or the collecting of
rent of any property, and/or other Person who is the occupier of the
property.
2.1.19 Sewage includes grey water, any liquid waste containing human,
vegetable, or mineral matter, waste that is in suspension whether
Domestic Waste or Industrial Waste or any other waste whether in
suspension or precipitated, but does not include roof water or storm
run-off.
2.1.20 Sight Triangle means a Sight Triangle as defined in the Corporation's
comprehensive Zoning By-law.
2.1.21 Standing and Stagnant Water includes but is not limited to water that
is void of movement by either natural or artificial means and includes
moisture or water that may cause health hazards as identified by the
local Public Health Unit.
2.1.22 Town means all property within the geographic limits of the Town of
Perth.
2.1.23 Turfgrass means any of the various grass species typically known for
lawns; of a type that forms a dense, even turf when mown (including
but not limited to Kentucky Bluegrass, Perennial Ryegrass, Fine
Fescue).
2.1.24 Waste Material means garbage, refuse, debris and other material or
effluent (including Domestic Waste and Industrial Waste) that, in the
opinion of the Officer.
a. Appears to have been cast aside or discarded or abandoned; or,
b. Appears to be worthless or useless or of no practical value; or,
Town of Perth By-law 5162
Page 5 of 12
c. Appears to be used up, in whole or in part, or expended or worn out
in whole or in part.
2.1.25 Yard means any property located within 40 metres (131.23 feet) of an
occupied residential dwelling unit and shall include the portion of any
adjacent Corporation road allowance between the property line and
the edge of the roadway.
3. INTERPRETATION
3.1
Legislation governing this by-law shall be as follows:
3.1.1
Municipal Act of Ontario: Municipal Act, 2001, S.O. 2001, c.25, as
amended
3.1.2
Weed Control Act of Ontario: Weed Control Act, R.S.O. 1990, c.
W.5, as amended
3.2
Construing this By-law:
3.2.1 The section and sub-section names and numbers appearing in this
By-law are for convenience of reference only and have no effect on
its interpretation. This By-law is to be read with all changes of
gender or number required by the context. The words "include",
"includes", "including" and "included" are not to be interpreted as
restricting or modifying the words or phrases which precede them.
3.3
Severability:
3.3.1
If a court or tribunal of competent jurisdiction declares any portion
of this By-law to be illegal or unenforceable, that portion of this By-
law will be considered to be severed from the balance of the By-
law, which will continue to operate in full force.
3.4
Conflict with Other By-laws:
3.4.1 Where the provisions of any other by-laws are inconsistent with the
provisions of this By-law, the provisions of this By-law shall prevail.
4. ADMINISTRATION:
4.1 Unless otherwise indicated, the administration of this By-law is assigned to
the Director, who may delegate the performance of their functions under this
By-law from time to time, as occasion requires.
Town of Perth By-law 5162
Page 6 of 12
5. SCOPE:
5.1
This By-law shall apply to the entire area of the Town.
6. REGULATIONS:
6.1
Clean and ClearYard(s)
6.1.1 Every Owner shall keep their Yard clean and cleared up and free
from conditions that are out of character with the surrounding lands
and neighbourhood.
6.2
Additional Clean and ClearYard(s) Requirements
6.2.1 For the purpose of Subsection 6.1.1, "keep the Yard clean and
cleared up" includes:
a. removing dead, decayed or damaged trees or other natural
growth and the branches or limbs there of which create an
unsafe condition in relation to their environment;
b. removing, trimming or cutting weeds, Turfgrass, Noxious
Weeds, or ground cover more than 20 centimeters (8 inches) in
height, except Naturalized Areas as noted in Subsection 6.3;
c. with respect to vegetation, Naturalized Areas, hedges, shrubs
and trees:
i. if adjacent to a public sidewalk, walkway, street, road or lane
cutting and trimming in a manner that allows safe,
unhindered passage;
ii. preventing the obstruction of windows, doors, drains,
walkways, vents and exits and entrances to property or
buildings; or
iii. if within a Sight Triangle, not exceeding the maximum
height specified in the Corporation's comprehensive Zoning
By-law.
d. not allowing any Noxious Weeds to grow;
e. removing Standing and Stagnant Water in the following area(s):
birdbaths, boat covers, eavestroughs and rain gutters,
excavations capable of holding standing water, empty buckets,
wheelbarrows and pots, vehicle tires, abandoned wells, pool
cover, plastic containers and bottles, uncovered rain barrels,
uncut grass and weeds and untrimmed shrubs, bushes and
hedges;
Town of Perth By-law 5162
Page 7 of 12
f. removing objects or conditions that create or may create a
health, fire or accident hazard;
g. removing any domesticated animal excrement; or
h. removing all Domestic Waste or Industrial Waste of any kind.
6.3
Naturalized Areas
6.3.1
Owners who wish to establish Naturalized Areas in their Yard not
containing Turfgrass or Noxious Weeds shall be exempt from the
requirements of Subsection 6.2.1 (b.).
6.3.2 Notwithstanding Subsection 6.2.1 (b.), Naturalized Areas shall
comply with all other Subsections in Section 6.2.1.
6.4.
Graffiti
6.4.1 Every Owner shall clean the exterior of any surface on their
property to remove Graffiti.
6.5
Unsafe or Hazardous Conditions
6.5.1 No Owner shall:
6.6
Litter
a. cause or permit an unfenced or unprotected pit, excavation or
other downward slope which may cause a safety hazard in their
Yard;
b. permit any well which is unprotected or the presence of which
creates a risk of accident or injury on their Yard; or
c. keep a swimming pool, hot tub, wading pool or artificial pond,
unless it is maintained in good repair and working condition.
6.6.1 No Person shall throw, place or deposit Waste Material on
Corporation property without the written authority of the
Corporation.
6.7
Waste Disposal
6.7.1
No Person shall use any Yard or structure within the Town for
dumping, burying or disposing of Domestic Waste or Industrial
Waste of any kind.
6.7.2 Every Owner shall remove any Domestic Waste or Industrial
Waste of any kind in such a manner as may be prescribed in
writing by the Officer.
Town of Perth By-law 5162
Page 8 of 12
6.7.3 Without limiting the foregoing, contractors are responsible to ensure
the removal of any Domestic Waste or Industrial Waste of any
kind in such a manner as may be prescribed in writing by the
Officer and in particular are to ensure that none of the waste
migrates to adjacent Yards.
6.8
Compost
6.8.1 No Owner shall establish one or more Compost heaps or
structures on their Yard, except in accordance with the following:
a. The Compost heap or structure is:
6.9
Vehicles
i. for the sole use of the Owner or occupant of the property in
which the Compost is deposited;
ii. limited to being used for the disposal of acceptable
compostable material in accordance with standards
established by the Ontario Ministry of the Environment,
Conservation and Parks and/or the local health authorities;
iii. not be located in any front yard, as defined in the
Corporation's Zoning By-law;
iv. no larger than three (3) square metres and 1.8 metres in
height provided it is no closer than six (6) metres to any side
or rear property line; or
v. enclosed on all sides by materials such as concrete block, or
lumber, or a commercial plastic container designed for
composting, includes a top, and is no larger than 0.6 square
metres and 1.0 metres in height provided it is no closer than
1.2 metres to any side or rear property line.
6.9.1. Except as provided in the Corporation's Zoning By-law, and
amendments thereto, no Person shall use any Yard or structure in
the Town for storing Inoperative Motor Vehicles or used Motor
Vehicles for the purpose of wrecking or dismantling them or
salvaging parts thereof for sale or other disposal.
6.10
Order to Remedy
6.10.1.An Officer who finds a Yard or structure in contravention of this
By-law may issue a written Order to the Owner of the land or
structure requiring compliance with this By-law within the time
period specified in the Order, but not sooner than 72 hours after the
Order is given.
6.10.2 The Order shall contain the following information:
Town of Perth By-law 5162
Page 9 of 12
a. the name and address of the Owner of the land or structure;
b. the property address (if different than the address in 6.10.2a.);
c. the clause of the By-law that is in contravention;
d. the date when compliance must be achieved; and,
e. penalties if compliance is not achieved.
-
6.10.3 Any Order issued pursuant to this By-law may be given in writing in
any of the following ways, and is effective:
a. when a copy is delivered to the person to whom it is addressed;
b. on the third (3rd) day after a copy is sent by registered mail or by
regular letter mail to the person's last known address or the
address shown on the last revised assessment roll; or,
c. upon the sending of the Order or a copy thereof by e-mail
transmission to the person's last know email address.
6.10.4 In the event the Officer is unable to serve such Order under the
provisions of this Section, the Order may be posted in a
conspicuous place on the property, and the placing of the Order
shall be deemed to be sufficient service of the Order on the
property Owner.
6.11
Right of Entry
6.11.1 The Corporation, for the purpose of inspection and/or remedial
action, may enter upon the land, at any reasonable time, with forty-
eight (48) hours notice.
6.11.2 A Person exercising a power of entry on behalf of the Corporation
under this By-law shall, on request, display or produce proper
identification.
6.12
Obstruction
6.12.1 In accordance with the provisions of Subsection 426(1) the Act, no
Person shall hinder, interfere with or otherwise obstruct, either
directly or indirectly, the Director, an Officer, an employee or agent
of the Corporation in the lawful exercise or power or duty under
this By-law.
6.13
Remediation
6.13.1 Where the Owner fails to carry out the requirements of a Order
under this By-law, the Officer may do or cause to be done the
remedial action necessary to meet the requirements of the Order
and add all costs to the tax roll to be collected in the same manner
as municipal taxes.
Town of Perth By-law 5162
Page 10 of 12
6.13.2 Where any matters or things are removed in accordance with
Subsection 6.13.1, such matters or things may be immediately
disposed of by the Officer.
6.14
Offences and Penalties
6.14.1 Every Person convicted of a breach of the provisions of this By-
law shall be guilty of an offence as stipulated in Section 425 of the
Act.
6.14.2 Every Person who contravenes any provision of this By-law shall,
upon issuance of an Administrative Penalty Notice in accordance
with the applicable by-law to implement an Administrative Monetary
Penalty System (AMPS), is liable to pay to the Corporation an
Administrative Penalty in accordance with the AMPS by-law, and all
such fines shall be recoverable in accordance with the provisions of
the AMPS by-law.
6.14.3 If a Person is required to pay an Administrative Penalty in respect
of a contravention of this By-law, the Person shall not be charged
with an offence in respect of the same contravention.
6.14.4 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.
7.
ENFORCEMENT
7.1
This By-law may be enforced by any Municipal By-law Enforcement
Officer or Property Standards Officer or other individual duly appointed by
the Corporation for the purposes of enforcing this By-law.
8.
CORPORATION NOT LIABLE
8.1
The Corporation assumes no liability for property damage or personal
injury resulting from remedial action, remedial work and enforcement
undertaken with respect to any Person or property that is subject of this
By-law.
9.
SHORT TITLE
9.1
This By-law may be cited as the "Yard Maintenance By-law".
Town of Perth By-Jaw 5162
Page11 of12
10.
EFFECTIVE DATE
10.1
This By-law shall come into force and effect upon the date of its passing
by Council.
Read a first, second and third time and finally passed this 18th day of June 2024.
Judy Bd
~~
Susan Beckel, Clrk
SEAL
Town of Perth By-law 5162
Page 12 of 12