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THE CORPORATION OF THE TOWN OF SMITHS FALLS
BY-LAW NO. 8660-2014
BY-LAW TO AMEND BY-LAW 8392-2011 BEING A BY-LAW TO REGULATE THE MANAGEMENT,
COLLECTION, REMOVAL AND DISPOSAL OF WASTE MATERIAL IN THE TOWN OF SMITHS FALLS
KKK HKIK EKER IIR ERE IIIB EERE ERE RER EE EKER EEE ERE BRE AES EE EEE EE EES
WHEREAS Section 8 of the Municipal Act, SO 2001, as amended provides that a municipality has the
capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under
this or any other Act;
AND WHEREAS Section 9 of the Municipal Act, SO 2001, as amended provides that Section 8 shall be
interpreted broadly so as to confer broad authority on municipalities to enable them to govern their affairs as
they consider appropriate and to enhance their ability to respond to municipal issues;
AND WHEREAS By-law 8392-2011 being a By-law to regulate the management, collection, removal and
disposal of Waste Material in the Town of Smiths Falls was passed on the 22™ day of February, 2011;
AND WHEREAS Council deems it appropriate to amend Section 5.2;
NOW THEREFORE the Municipal Council of the Corporation of the Town of Smiths Falls enacts as
follows:
1. THAT Section 5.2 of By-law 8392-2011 is hereby amended to add the following:
5.2 No person shall pilfer or remove materials from recycling containers unless
approved by the Town (Town representatives/collection contractors).
2. THAT Schedule A (attached hereto) be amended and form part of this By-law.
3. THAT the following set fines be approved by the Council of the Corporation of the Town of
Smiths Falls:
Description Fine
Violation to pilfer/remove material from recycling $ 50.00/ occurrence
containers unless approved by the Town
(once recycling is placed for collection it becomes
Town property)
Violation to place recyclable materials into regular garbage $ 20.00/occurrence
4. All other provisions of By-law 8392-2011 as amended, shall remain the same and adhered to.
5. The provisions of this by-law shall come into force and take effect upon passing thereof.
Read a first and second time this 3 day of March, 2014
Read a third time and passed this 3" day of March, 2014
// ,
ae eteed Clerk
Mayor
PROVINCIAL OFFENCES ACT
Part |
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the
rules for the Ontario Court of Justice, that the amount set opposite each of the
offences in the schedule of offences under the Provincial Statutes and Regulations
thereunder and Municipal By-law No. 8392-2011 as amended of the Corporation of
the Town of Smiths Falls attached hereto is the set fine for that offence. This Order
is to take effect on May 26", 2014.
Dated at Ottawa this 26" day of May 2014.
sees A Be Frerr
Hugh L. Fraser, Regional Senior Justice
Ontario Court of Justice
East Region
SET FINES FOR INFRACTIONS: Part 1 Provincial Offences Act
TOWN OF SMITHS FALLS
BY-LAW NO. 8392-2011, AS AMENDED
TITLE: WASTE BY-LAW
DEFINING OFFENCE
Violation to pilfer/remove material from
4 recycling containers unless approved by 52 $50.00
the Town (once recycling is placed for
collection it becomes Town property)
Violation to place recyclable materials
into regular garbage 6.1 $20.00
THE PENALTY PROVISIONS OF THE OFFENCES INDICATED ABOVE ARE IN SECTION 9 OF BY-
LAW NO. 8392-2011, AS AMENDED, A CERTIFIED TRUE COPY OF WHICH HAS BEEN FILED.
CERTIFIED TRUE COPY
THE CORPORATION OF THE TOWN OF SMITHS FALLS
BY-LAW NO. 8660-2014
WHEREAS Section 8 of the Municipal Act, SO 2001, as amended provides that a municipality has the
capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under
this or any other Act;
AND WHEREAS Section 9 of the Municipal Act, SO 2001, as amended provides that Section 8 shall be
interpreted broadly so as to confer broad authority on municipalities to enable them to govern their affairs as
they consider appropriate and to enhance their ability to respond to municipal issues;
AND WHEREAS By-law 8392-2011 being a By-law to regulate the management, collection, removal and
disposal of Waste Material in the Town of Smiths Falls was passed on the 22" day of February, 2011;
AND WHEREAS Council deems it appropriate to amend Section 5.2;
NOW THEREFORE the Municipal Council of the Corporation of the Town of Smiths Falls enacts as
follows:
1. THAT Section 5.2 of By-law 8392-2011 is hereby amended to add the following:
5.2 No person shall pilfer or remove materials from recycling containers unless
approved by the Town (Town representatives/collection contractors).
2. THAT Schedule A (attached hereto) be amended and form part of this By-law.
3. THAT the following set fines be approved by the Council of the Corporation of the Town of
Smiths Falls: ,
Description Fine
Violation to pilfer/remove material from recycling $ 50.00/ occurrence
containers unless approved by the Town
(once recycling is placed for collection it becomes
Town property)
Violation to place recyclable materials into regular garbage $ 20.00/occurrence
4. All other provisions of By-law 8392-2011 as amended, shall remain the same and adhered to.
5. The provisions of this by-law shall come into force and take effect upon passing thereof.
Read a first and second time this 3° day of March, 2014
. | Read a third time and passed this 3 day of March, 2014
do hereby certify that to. the best .
of my knowledge, this photocopy is a true
dine, Bennztl /
likeness to the Original. Us Mayor
Dated this 25, day of Mourch 2014 / //
~“ommission€ér tor Taking Aifidavits xe LadditdA.
; aq Nace Beonett, Depoty Clerk, a Commie eae, Clerk
County of Lenark, for Corporatica of the
Voted Galle Palle.
CORPORATION OF THE TOWN OF SMITHS FALLS
BY-LAW NO. 8392-2011
A By-law to regulate the management, collection, removal, and disposal of Waste Material in the Town of Smiths
Falls
WHEREAS Section 210, Sub-section 89 of the Municipal Act Chapter M.45, R.S.O. 1990 authorizes municipalities to
establish and maintain s system for the collection, removal and disposal of garbage,
NOW THEREFORE the Municipal Council of the Corporation of the Town of Smiths Falls enacts as follows:
1. ESTABLISHMENT
There is hereby established a system for the collection of garbage, ashes and refuse in the Town of Smiths
Falls, under the provisions of The Municipal Act.
2. DEFINTIONS
For the purpose of this By-law,
2.1 “Apartment” means place of residence for persons consisting of four or more Rental units.
2.2 “Ashes” meant residue of any household fuel, after such fuel has been consumed by the fire,
which would normally accumulate at a dwelling and which has completely cooled and ceased to
burn such that it will not present the risk or hazard of fire;
2.3 “Commercial,” “Industrial,” and “Institutional” properties are as recognized in the Municipal
Zoning By-law.
2.4 “Composting” means the process of collecting and depositing Type
Ill garbage in a suitably constructed enclosure or composting unit
(composter) for the purpose of converting this waste into
fertilizer for soil;
2.5 “Container for Garbage” means
2.5.1 areceptacle manufactured for or adapted for the use of the collection of household refuse, of
a capacity of mot more that 127 litres (28 Imperial gallons) and,
(a) constructed of materials which have an equivalent durability to number 20 gauge
metal(0.925mm. 0.0375 inches), and
(b) have a water-tight lid and two (2) handles; or
2.5.2 anon-returnable plastic bag
(a) of a capacity of not more that 127 litres(28) Imperial gallons
(b) composed of material of not less than 1.5 mil gauge (0.038mm, 0.0015 inches)
material capable for carrying twenty-three (23) kg of contents without tearing; or
2.5.3. a miscellaneous type of container, approved by the director of public works, which may be
picked up along with the contents thereof.
2.6 “Container for Recyclable Material” means a receptacle, generally known as a blue box and the
yellow (Gold) box supplied by the municipality specifically designated for the sole use of placing
designed recyclable materials for municipal collection (bi-weekly collection; fibre —-blue box and
containers (1-7 plastics with exception of plastic bags and Styrofoam as well as glass, tin and
aluminum) — yellow (gold) box). These containers shall remain the property of the Town and must be
left at the residence if and when the occupant relocates;
2.7. “Director of Administration and Planning Services” means the person appointed by the Council of the
Town of Smiths Falls to direct the municipal Department of Waste management or his/her designate;
2.8 “Dwelling” means a place of residence for people with its own sleeping, cooking, eating and sanitary
facilities;
2.9 “Garbage” means local household generated waste material and includes the following categories:
2.10
2.9.1
2.9.2
2.9.3
2.9.4
2.9.5
2.9.6
Type | Garbage- includes kitchen and table waste of animal origin, clothing, ashes, paper
(except recyclable paper), broken crockery, and other such articles which would normally
accumulate at a dwelling.
Type II Garbage- includes 1-7 plastics (except Styrofoam and plastic bags) tin, glass,
recyclable paper and all other material which is being collected by the Municipality for
recycling.
Type Ill Garbage- includes grass cuttings, garden refuse, leaves, kitchen and table waste
of vegetable origin and all other material which is generally accepted to be compostable
waste.
Type IV Garbage- includes brush, timber, clean lumber, rocks, bricks, concrete, gravel,
sand, soil and other such materials which is recognized by the Ministry of the
Environment as being “environmentally friendly landfill material”.
Type V Garbage- includes weighty, bulky, articles such as major appliances (resident
responsible to remove Freon prior to placement to the curb and a sticker is found stating
as such), furnaces, bedsprings, mattresses, furniture, boxes, barrels, water tanks, and
other such discarded material.
Type VI Garbage- includes Hazardous Waste as defined in Regulation 309 of the Ministry
of Environment, and shall include such materials as paint, used oil, solvents, items
containing asbestos insulation, fuel tanks, batteries, acids and prohibited waste.
“Item for Collection” means each individual container for garbage as defined herein or each
individual article of Type V Garbage.
2.11 “Recycling” means the collection of Type II garbage for the purpose of processing and reusing the
2.12
waste material in a useful fashion and specifically, for the purpose of this By-law recycling shall
mean that process of collection as undertaken by the Town of Smiths Falls;
“Take Back Programs” means that residents should consider using Ontario’s www.dowantyoucan.ca
website to determine where items considered for reuse/recycling can be managed. Manage waste
by utilizing alternative reuse depot sources such as clothing pickup services, good used furniture
stores, recycling businesses and reusable construction materials, prior to placing in the municipal
collection system.
2.13 “Town” means the Corporation of the Separated Town of Smiths Falls.
3. SERVICE PROVIDED BY THE TOWN
3.1
The Town shall provide for all necessary equipment and labour for the regular and satisfactory
Collection of Type |, Type Il and Type V Garbage from all dwellings, in accordance with the terms
of this By-law. Without limiting the generality of the foregoing, no person shall place for
collection and the Town shall not collect the following waste material which is deemed not
acceptable for collection:
3.1.1
3.1.2
3.1.3
3.1.4
3.1.5
type IV Garbage as defined in section 2.8.4, generally known as clean fill;
Type VI Garbage as defined in section 2.8.6, generally known as hazardous material; can be
managed through our joint municipal depot found in Carleton Place on Patterson Cres., at the
Carleton Place Public Works Facility.
Industrial Waste;
Trade and Commercial waste;
Institutional waste;
3.1.6
3.1.7
3.1.8
3.1.9
3.1.10
Any rejected product, by product or stock of any wholesale or retail establishment which in
the opinion of the Director of Administration and Planning services has been condemned,
abandoned or rejected;
Moving picture films, celluloid cuttings, rags soaked with gasoline or oil, or other highly
inflammable or explosive waste;
Any liquid, whether in a container or not;
Any waste or residue resulting from the erection, alteration or removal of any building or part
thereof;
Any material frozen to a receptacle which cannot be removed by shaking;
3.1.11 Any garbage that has not been put for collection in conformity to the provisions of this By-
law;
3.1.12 Any garbage, ashes or refuse not resulting from the use of any premises as a dwelling unit
located in the Town of Smiths Falls;
3.1.13 Any accumulation of an unreasonable amount of garbage if the accumulation exists by reason
of the householder failing to place such material for collection at each regular collection time;
3.1.14 Any automobile body or parts, animal carcasses, or boulders; or
3.1.15 Any material that may from time to time be considered by the Town as dangerous or
hazardous or that is not acceptable in a Sanitary Landfill site under any Act or regulation of
the Provincial or Federal Government, or any material which may be defined by the Town
from time to time as being unacceptable for collection.
3.2 The number of collections and the days and times that such collections are made shall be
determined by the Town.
3.3 Notwithstanding paragraphs 3.1 and 3.2 in this section, the town may enter into an agreement of
contract with any person, firm or corporation for the provision of the service established by this
By-law.
SCHEDULE OF COLLECTION
4.1 Collection shall be made from dwellings in accordance with a predetermined collection schedule.
4.2 There is no collection on Public or Statutory Holidays, in which case collection will be made on the
next working day.
4.3 When the collection schedule is altered due to a Holiday, the Director of Administration and
Planning services shall or cause to be published once, a notice in the local newspaper advising of
such alteration.
44 A schedule of normal collection shall be available at the Administrative and Planning Office at
Town Hall.
PLACING MATERIAL FOR COLLECTION
5.1
5.2
Every person shall place items for collection at the curb prior to 7:00am. on the day of collection.
Notwithstanding, no person shall place such items for collection prior to 7:00p.m., on the day
preceding the day of collection. Every person shall remove all empty containers and waste not
acceptable for collection under the terms of this by-law from the curb not later than 9:00pm, on
the scheduled collection day. Garbage & Recycling within the downtown core shall be placed to
the curb the day of collection during winter (Nov. 15 to March 15) prior to 7:00 a.m. and
receptacles removed by 9:00 p.m. on the scheduled collection day due to snow removal activities.
Every person shall place items for collection at or adjacent to the roadway curb or where there is
no curb, adjacent to the edge of the sidewalk furthest away from the roadway. Notably during
winter, that garbage & recycling be placed back from the sidewalk to ensure there is no
impediment of snow removal equipment. Where it is not possible to comply with this
requirement, collection shall be placed in a location satisfactory to the Superintendent of Works
and Utilities. No person shall place garbage for collection at a location, either on public or private
lands, other than at a location designated or approved for one’s own dwelling or in an area
approved by Director of Administration and Planning services. All recyclables, once placed at the
curb, are the property of the Town.
6.
5.3 No person shall place items for collection in any container other than that meeting the
description of “Container for Garbage “pursuant to section 2.5 as it pertains to type Garbage or
“Container for recyclable Material” pursuant to section 2.6 as it pertains to Type II Garbage.
5.4 The number of items for collection placed from each dwelling shall be limited to a total of two (2).
Items of collection in excess of this amount shall be affixed with a tag which may be purchased
through the Town. Tag rates shall be as specified in Schedule “A”. No person shall place in excess
of a total of two (2) items for collection which have not been so tagged.
5.5 No person shall place a container for garbage which, when full, weighs not in excess of twenty-
three kilograms (23kg).
OBLIGATIONS OF RESIDENT
6.1 Every resident shall participate in the municipal recycling programme. No person shall place
recyclable material together in the same container with Type | Garbage for collection. Recyclable
material or Type II Garbage shall be placed separately in the containers for recyclable material
(blue box & yellow (Gold) box) supplied by the Town. No person shall utilize these boxes for any
other purpose other than for the collection of recyclable material and no person shall remove
these boxes or its contents (Town staff & collection contractor exempt) from the residence for
which it was assigned.
6.2 Wherever possible residents shall maintain and use a viable composting system and thus dispose
of Type Ill Garbage in lieu of depositing this into the municipal collection.
6.3 Residents who have accumulated type IV Garbage shall transport and deposit same at an
established clean landfill site.
6.4 To consider all take back programs (www.dowhatyoucan.ca) and available services (clothing
pickup, gently used furniture pickup) as well as other reuse/recycle initiatives prior to placing
waste into your municipal collection system.
6.5 Every resident who places Type II, Type IV or Type VI Garbage out for collection with Type |
Garbage of disposes of it in an unlawful manner shall be guilty of an offence under this By-law
and shall be subject to the penalty of this By-law.
RENTAL PROPERTIES
7.1 The resident of every dwelling shall ensure that the placing of items for collection shall be done in
conformity with this By-law. Notwithstanding the above every owner of a dwelling shall be jointly
responsible with the tenant to ensure that the provisions of this By-law are adhered to.
7.2 Every owner of an apartment building shall provide adequate facilities and enclosures for the
storage of garbage satisfactory to the Director of Administration & Planning Services. Moreover
every apartment building containing containing seven (7) or more units shall be equipped, at
Owner’s expense, with an appropriate steel container, commonly known as a dumpster, to be
maintained in a location as approved by the Director of Administration and Planning Services.
Recycling totes (360I) shall be supplied by the Town and are to be maintained by the apartment
owner or his/her designate.
7.3 Containers located at apartment buildings shall be limited in number and size so as to be in
conformance the items for collection limit established pursuant to section 5.4.
OTHER RECEPTACLES
Except as otherwise permitted n the By-law, no person shall place or use any type of receptacle for the
temporary storage of garbage, ashes or refuse, including material resulting from the demolition or
renovation of buildings, on any street or public lands except where permission to do so has been given in
writing by the Director of Administration & Planning Services.
PENALTY
9.1 Any person violating any of the provisions of this by-law, either by doing any act forbidden or by
failing to do any act required by this by-law is guilty of an offence and on conviction shall be liable
to a penalty pursuant to the Provincial Offences Act.
9.2 Set fines may be established for certain offences contained in this by-law. Such set fines shall be
established pursuant to the Provincial Offences Act.
9.3 In addition to the above and pursuant to section 326 of the Municipal Act, in default of any
matter or thing being done by the person directed or required to do it, such matter or thing may
be done at the person’s expense and the Town may recover the expense incurred in doing it by
action or the same may be recovered in like manner as municipal taxes.
10. SUPERVISION/ENFORCEMENT
The proper collection of garbage, ashes and refuse as set out in this By-law shall be under the general
control and direction of the Director of Administration and Planning Services. The provisions of this by-
law may be enforced by the Smiths Falls Police Service and/or the municipal By-law Enforcement Officer.
11. SEVERABILTY
The provisions of this By-law are severable. If any provision, section or work is held to be invalid or illegal,
such invalidity or illegality shall not affect or impair any of the remaining provisions, sections or words.
12. By-law #6079-94 is hereby rescinded..
13. This By-law shall take effect on the passing thereof.
Read a first and second time this 22™ day of February 2011.
Read a third time and PASSED this 22" day of February 2011.
Mayor
ek
Schedule “A”
TAG RATES
The cost to Residents for each items placed for collection in excess for the items for collection limit legislated in
this by-law shall by $2.00 per item.
SET FINES FOR INFRACTIONS: Part 1 Provincial Offences Act
TOWN OF SMITHS FALLS
BY-LAW NO. 8392-2011
TITLE: WASTE BY-LAW
ITEM COLUMN 2
COLUMN 1
PROVISION CREATING OR
SHORT FORM WORDING DEFINING OFFENCE
COLUMN 3
SET FINE
Violation to pilfer/remove material from
recycling containers unless approved by
$ 50.00/occurrence
1 . 5.2
the Town (once recycling is placed for
collection it becomes Town property).
5 Violation to place recyclable materials
into regular garbage 6.1 $ 20.00/occurrence
THE PENALTY PROVISIONS OF THE OFFENCES INDICATED ABOVE ARE IN SECTION 9 OF BY-
LAW NO. 8392-2011 A CERTIFIED TRUE COPY OF WHICH HAS BEEN FILED.
SET FINES FoR INFRACTIONS: Part 1 Provincial Offences Act
TOWN OF SMITHS FALLS
BY-LAW NO. 8392-204 1
TITLE: WASTE BY-LAW
= SHORT FORM WORDING P ROVISION CREATING OR | Err FINE
DEFINING OFFENCE
Violation to pilfer/remove material from
Tecycling containers unless approved by 52 $ 50.00/occurrence
the Town (once recycling is placed for "
collection it becomes Town roperty), |
Violation to, place recyclable inaterials
into regular garbage 6.1 $ 20.00/occurrence
THE PENALTY PROVISIONS OF THE OFFENCES INDICATED ABOVE ARE IN SECTION 9 OF BY-
LAW NO, 8392-2011 A CERTIFIED TRUE COPY OF WHICH HAS BEEN FILED,