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CORPORATION OF THE VILLAGE OF POINT EDWARD
BY-LAW NO. 17 of 2005
Being a by-law to regulate the collection, removal and disposal of
waste in the Village of Point Edward.
Whereas the Village Council deems it necessary and expedient to pass a by-
law for establishing and maintaining a system for the collection, removal and
disposal waste;
Now therefore the Municipal Council of the Corporation of the Village of
Point Edward enacts as follows:
SECTIONA DEFINITIONS
1. Corporation
Means the Corporation of the Village of Point Edward.
2. Householder
Any owner, occupant, lessee, tenant, or any person having use,
occupation and /or charge of any dwelling, hotel, restaurant, apartment,
house, office building, public institution, service station, commercial
building, store, shopping centre or plaza or any portion thereof
respectively in the Corporation of the Village of Point Edward. Public
institution does not include County of Lambton operated facilities.
3. Person
Means any individual human being, any partnership, any body corporate
or politic, any agent or trustee and the heirs, executors, administrators or
other legal representatives of a person to whom the context can apply
according to the law.
4. Superintendent
Means the Superintendent of Works for the Corporation of the Village of
Point Edward.
5. Garbage
Means all rejected, abandoned or discarded non-recyclable
household waste, but shall not include “non-collectible’ waste as
hereinafter defined.
6. Non-Collectible Waste
Means any waste or matter other than ashes, garbage and residential
household rubbish and shall include items set out in Schedule A.
7. Recyclable Material
Means any waste or matter listed in Schedule B.
Effective July 1, 2005, recycling collections will take place bi-weekly.
By-law Number 17 of 2005 1
8. Collection Days
Garbage Collection:
Regular garbage collection shall take place during the following specified
times:
e Every Tuesday and Friday from June | to September 30.
e Every Tuesday from October | to May 31.
No leaf, brush or grass collection will take place on Tuesdays or Fridays.
Leaf, Brush and Grass Collection shall take place during the following
specified times:
e Every Monday of each week from April 1 to November 30 of each
year. If the Monday falls on a statutory holiday, the collection will
take place on Wednesday of that week.
e Brush and tree limbs shall be bundled in lengths not to exceed
four (4) feet and not to exceed fifty (50) pounds.
e All leaves and grass shall be placed in clear plastic bags to
accommodate composting requirements.
In the event garbage is not picked up, the bag will be tagged giving the
reasons for non-collection.
Junk Day-
One day during the month of May and one day during the month of
October as determined by the Superintendent.
Junk day includes the services of a chipper for disposal of branches no
larger than 3 inches in diameter.
Items not picked up on Junk Day are listed in Schedule C.
Recyclable Materials:
Cardboard and paper materials are collected bi-weekly on Tuesdays per
the annual schedule provided by the Corporation.
Metal, glass and plastic materials are collected bi-weekly on alternate
Tuesdays other than cardboard and paper materials, per the annual
schedule provided by the Corporation
Effective July 1, 2005, recycling collection will take place bi-weekly.
SECTION B RIGHTS AND RESPONSIBILITIES OF THE
CORPORATION
I. (a) The Corporation will be responsible for the control,
collection and disposal of garbage, by collectors and
private contractors subject to the provisions of the by-
law.
(b) Any garbage placed on the boulevard or in any other
area for collection as designated from time to time by
the Superintendent shall be deemed to be under the
control and in the possession of the Corporation as of
the time the same is placed upon the boulevard or
other area for collection and the same shall not be
moved or collected by any person, persons or
corporation other than as may be authorized in writing
by the Superintendent.
By-law Number 17 of 2005 2
SECTION C
PREPARATION OF ASHES, GARBAGE AND
OTHER REFUSE FOR COLLECTION
1. GENERAL
(a) Householders shall deposit in one or more
containers, all material defined as “Garbage”.
(b) Each householder shall be restricted to a maximum of
six containers of “garbage” on each “garbage”
collection day.
(c) Garbage shall be drained of all liquids and be securely
wrapped and then placed in the prescribed containers.
(d) Ashes shall be cold when placed in the prescribed
container or garbage bag.
(e) Any garbage container or bundle shall not exceed
twenty-two point six eight (22.68) kilograms (fifty [50]
pounds) in weight and no dimension of any such
bundle shall exceed point nine two (.92) metres (three
[3] feet).
2. Householder to Provide Proper Containers
Proper containers shall be provided by the householder as follows:
(a)
(b)
3.
For all garbage:
Every householder shall provide and maintain in proper order
for the purpose of sorting and putting out for collection of
garbage a sufficient number of tightly sealed water-tight
containers with handles having a capacity of not more than
point zero nine (.09) cubic metres (three [3] feet) each, and
shall be of larger diameter at the top than the bottom.
No container shall have a height greater than point nine two
(.92) metres (three [3] feet) or less than point four six (.46)
metres (one and one-half [17] feet), or shall have a diameter
larger than point five one (.5I) metres (twenty [20] inches) or
smaller than point three eight (.38) metres (fifteen [15] inches)
and no container shall weigh more than twenty-two point six
eight (22.68) kilograms (fifty [50] pounds, including contents.
Non-returnable plastic or water-proof kraft paper bags of point
zero eight (.08) cubic metres (two and three-quarters [2 3/4
cubic feet] maximum capacity and having a point six one (.61)
metre (two [2] foot) pr mil. Impact strength and capable of
lifting twenty-two point six eight (22.68) kilograms (fifty [50]
pounds) of contents may also be used as a container for
residential household garbage.
All unserviceable and other containers which are not in
conformity with the provisions of Article C2 (a) hereof shall be
considered waste material and may be collected and
disposed of by the Corporation or by any contractor employed
by the Corporation to perform the collection of garbage.
Collection Times and Routes.
Collection times and routes and alterations thereto may be
proposed by the collector engaged by the Corporation, but
shall be subject to the approval of the Superintendent.
By-law Number 17 of 2005 3
4. Transporting Garbage
No person shall haul, convey or transport through or upon any
street within the Corporation limits any garbage or any non-
collectible waste except in properly covered containers or
vehicles totally enclosed or covered with canvas or tarpaulins, so
fastened down around the edges as to prevent any of the
contents falling upon the streets and to protect the same from
flies and to prevent the escape of any offensive odours therefrom.
SECTION D MAINTENANCE OF SANITARY CONDITIONS
(a) No person shall suffer or permit the accumulation upon
his/her premises or upon lands occupied by him/her or under _ his/her
control, or deposit or permit the deposit upon any lands _ belonging to
him/her or in his/her occupation or under his/her control of any
garbage.
Every householder of any premises within the Corporation shall, as
often as necessary to prevent the accumulation of same, cause all
garbage to be placed in receptacles and put out for collection.
(b) Garbage, shall be stored in vermin-proof containers and the
householder shall keep the storage area vermin-free and in a sanitary
condition so as to prevent the emission therefrom of obnoxious
odours.
(c) No person shall sweep, throw, cast, lay or deposit or suffer any
agent or employee to sweep, throw, cast, lay or deposit any ashes,
offal, garbage, fruit skins, cinders, straw excelsior, store sweepings,
shavings, paper, dirt, lawn rakings, broken glassware, handbills,
crockery, bottles, carcass of any animals, or rubbish of any kind
whatsoever in any lane, street, road allowance, park or other
municipally-owned land, vacant privately owned land, creek or water
course, in the Corporation.
(d) No person shall pick over, salvage or in any way interfere with
any article placed out for collection, whether contained in a covered
container or otherwise provided, however, that the householder shall
be permitted access to the article placed by the said householder for
garbage collection by the collector.
Placement of Containers and Bundles for Collection
(a ) Containers and bundles set out for collection shall be placed as
close to the street curb as possible without obstructing the roadway
or sidewalk and in any case, the Superintendent shall have the power
to designate the precise point at which containers and/or bundles
shall be placed for collection.
(b) Containers and bundles shall not be placed on sidewalks without
permission of the Superintendent.
(c) Containers and bundles shall only be set out for collection on
such days and during such hours as are prescribed by the
Superintendent.
(d) No containers or bundles shall be placed out before
7:00P.M. local time of the day before the day established for
collection and all containers shall be removed from the street by
11:00 P.M. local time, of the day established for collection.
(e) No garbage will be put out for collection by a householder other
than that generated from his/her premises.
By-law Number 17 of 2005 4
SECTIONE COLLECTION, TRANSPORTATION, AND DISPOSAL
OF ASHES, GARBAGE AND OTHER REFUSE.
1. Private Property
(a) No garbage collection vehicle shall be required to enter a
privately-owned driveway, roadway or land for the purpose of
collecting garbage from privately-owned property except for
multiple-family residential households.
(b) No collector shall be required to enter any house, apartment
house or other building, or ascend or descend any stairway or
enter any elevator, or hoist or load any platform for the purpose
of collecting or removing any garbage.
2. Waste Not Collected by the Corporation
All garbage in excess of that set out in Section "C", Articles 1 and 2
hereof, shall be disposed of by and at the expense of the
householder.
3. Disposal of Non-Collectible Waste
Any person wishing to dispose of non-collectible waste may contact
the Superintendent for advice on how to do so. The Public Works
Department will maintain a list of contractors who are able to provide
the required collection of non-collectible waste at the cost of the
householder. The Public Works department will establish a list with
prices for pick-up of non-collectible waste by their Department, if they
are able to carry out the collection.
SECTION F ENFORCEMENT AND PENALTY
1. Enforcement
The provisions of the by-law shall be enforced by the Works
Superintendent or the By-law Enforcement Officer of the Village of Point
Edward.
2. Penalty
(a) Any person convicted of the breach of the provisions of this by-law
shall forfeit and pay at the discretion of the convicting court a penalty
not exceeding the sum of One Thousand Dollars ($1,000.00) for each
offence, exclusive of costs, and the provisions of The Provincial
Offences Act as provided and limited by The Municipal Act shall
apply thereto.
(b) The court, wherein the information is first laid, and any court of the
competent jurisdiction thereafter, may issue an order prohibiting the
continuance or repetition of the offence by the person convicted, and
such order shall be in addition to any other penalty imposed on the
person convicted.
(c) In addition to the penalty provided in Section "F" Articles 2(a) and 2
(b), where garbage is not collected by reason of the householder
having failed to comply with the provisions of this By-law or in the
event that any non-collectible waste is not disposed of as required by
this By-law and is left by the occupant to cause an untidy or
unsanitary condition, if after a demand in writing by the
Superintendent, it is not removed, the work necessary to remove it
may be performed by the Corporation, and failing payment therefore
by the householder within ten (10) days after notice in writing of the
cost of such work, the cost may be recovered in a like manner as
Municipal Taxes.
By-law Number 17 of 2005 3
SECTION G BY-LAWS REPEALED
1. The Following By-laws are repealed
By-law NO 10 of 1975
By-law No 13 of 1992
By-law No 12 of 1995
By-law No 10 of 1996
By-law No 12 of 1998
By-law No 16 of 2000
Read a FIRST AND SECOND READING on this 31* day of May, 2005.
Read a THIRD READING AND FINALLY PASSED this 3! day of
M a 2005.
MAYOR
(/ 4) 4 i CLERK/TREASURER
By-law Number 17 of 2005 6
SCHEDULE A
NON-COLLECTABLE WASTE
(a) Manufacturer’s waste
(b) Any explosive or highly combustible material of any Nature
whatsoever;
(c) Broken plaster, lumber or other waste or residue resulting from
construction alterations, repairs, demolition or removal of any
building or structure including such waste which results from
alterations or repairs to a single-family dwelling performed by the
owner or occupant thereof;
(d) Sawdust and/or shavings from a commercial and/or industrial
establishment;
(e) Organic matter not properly drained or wrapped
(f) Liquid wastes;
(g) Hay, straw and manure
(h) Carcass of any animal;
(i) Live animals or birds;
(j) Discarded furniture, including mattresses, appliances and other
similar type goods;
(k) The stock of any wholesaler;
(l) Any material which has become frozen to the container and
cannot be removed by shaking;
(m) Discarded truck and automobile parts and accessories, including
tires;
(n) Recyclable materials;
(0) Hazardous waste, including paints, solvents, batteries and
pesticides;
(p) Animal feces
(q) Tree stumps;
(r) Waste from alien ships (ships from other areas within or outside
of Canada);
NON-COLLECTIBLE WASTE ON TUESDAY AND FRIDAY COLLECTION
DAYS
a) Grass;
b) Leaves;
C) Brush
By-law Number 17 of 2005 7
SCHEDULE B
RECYCLABLE MATERIALS
Cardboard and paper materials are collected bi-weekly on Tuesdays per the
annual schedule provided by the Corporation.
Metal, glass and plastic materials are collected bi-weekly on alternate
Tuesdays other than cardboard and paper materials, per the annual
schedule provided by the Corporation.
Effective July 1, 2005, recycling collection will take place bi-weekly for all
recyclable materials.
Cardboard
Corrugated cardboard can be placed at the curb beside the recyclables but
must be tied in bundles.
Maximum size is 1 metre x 1 metre x 39 cm bundles (3feet x 3feet x
18inches).
Maximum amount of bundles this size is three (or equivalent smaller
bundles) per week.
If you have only one or two cardboard boxes, flatten them and place them in
or under your blue box.
Paper
Newspaper
junk mail
white bond
photocopy letterhead
stationery
manila envelopes/folders
post it notes
coloured paper
business forms
NCR paper
telephone books
magazines.
Metal
Cans (labels Ok),
foil trays (rinsed),
pie shell pans (rinsed),
food cans (rinsed),
juice boxes.
Glass
Clear and coloured, (rinse-lids removed).
Plastic
P.E.T. Code I, H.D.P.E. Code 2 are acceptable. Codes are on the bottom of
the bottles.
Examples:
HDPE opaque (natural),
Vinegar,
windshield washer bottles;
HDPE (polyethylene) coloured,
Bleach bottles,
Anti-freeze bottles (well drained),
PET-Plastic pop bottles
By-law Number 17 of 2005 8
SCHEDULE C
ITEMS NOT PICKED UP ON JUNK DAY
tree stumps
automobiles
concrete
automobile parts
propane tanks
tires
hazardous materials
batteries
plaster, insulation or other building materials;
paint
liquid wastes
Refrigerators
Washers
Stoves
Freezers
Dryers
Air Conditioners
And all non-collectable materials as defined in Schedule A, and
Recyclable Materials as defined in Schedule B.
By-law Number 17 of 2005 9