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TOWN OF SMITHS FALLS
YARD BY-LAW NO. 10414-2023
A By-law requiring yards to be maintained and safe
WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, 6.25, as amended, provides that a
municipality has the capacity, rights, powers and privileges of a natural person for the purposes of
exercising its authority under the Municipal Act, 2001 or any other Act; and
WHEREAS Sections 8, 9 and 11 of the Municipal Act, 2001 permit 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; and
WHEREAS Section 127 of the Municipal Act, 2001 permits a municipality to pass by-laws requiring an
owner or occupant of land to clean and clear the land, not including buildings, to clear refuse or debris
from the land, not including buildings, for regulating when and how such matters shall be done, for
prohibiting the disposal of refuse or debris on land without the consent of the owner or occupant of the
land, and for defining “refuse”; and
WHEREAS Section 128 of the Municipal Act, 2001 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; and
WHEREAS Section 129 of the Municipal Act, 2001 permits a municipality to pass by-laws to prohibit and
regulate with respect to odour and dust; and
WHEREAS Section 131 of the Municipal Act, 2001, permits a municipality to 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; and
WHEREAS Section 425 of the Municipal Act, 2001 permits a municipality to pass by-laws providing that
any person who contravenes any by-law of the municipality passed under the Municipal Act, 2001 is guilty
of an offence; and
WHEREAS Section 436 of the Municipal Act, 2001 permits a municipality to pass by-laws providing that
the municipality may enter on land at any reasonable time for the purpose of carrying out an inspection to
determine whether or not a by-law passed under the Municipal Act, 2001, or a direction or order made
under such a by- law are being complied with; and
WHEREAS Subsection 444(1) of the Municipal Act, 2001 permits a municipality, if satisfied that a
contravention of a by-law of the municipality passed under the Municipal Act, 2001 has occurred, to make
an order requiring the person who contravened 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; and
Page 1 of 9
WHEREAS Subsection 445(3) of the Municipal Act, 2001 permits a municipality to require that work be
done pursuant to Subsection 445(1) even though the facts which constitute the contravention of the by-
law were present before the by-law making them a contravention came into force; and
WHEREAS Subsection 446(1) of the Municipal Act, 2001 provides that if a municipality has the authority
under the Municipal Act, 2001 or any other Act, or under a by-law under the Municipal Act, 2001 or any
other Act, to direct or require a person to do a matter or thing, the municipality may also provide that, in
default of it being done by the person directed or required to do it, the matter or thing shall be done at the
person’s expense; and
WHEREAS Subsection 446(2) of the Municipal Act, 2001 provides that a municipality may enter upon
land at any reasonable time for the purposes of Subsection 446(1); and
WHEREAS Subsection 446(3) of the Municipal Act, 2001 permits a municipality to recover the costs of
doing a matter or thing under Subsection 446(1) from the person directed or required to do it by action or
by adding the costs to the tax roll and collecting them in the same manner as property taxes.
NOW THEREFORE the Council of the Corporation of the Town of Smiths Falls enacts as follows:
SHORT TITLE
1. This by-law may be cited as the "Yard By-law" or the “Town of Smiths Falls Yard By-law’.
SCOPE
2. The provisions of this by-law shall apply to all lands within the boundaries of the Town of Smiths
Falls.
DEFINITIONS AND INTERPRETATIONS
3.1 In this by-law:
“Committee” means the Property Standards Committee established by the Town of Smiths Falls
Property Standards By-law;
"Corporation" means the Corporation of the Town of Smiths Falls.
"Debris" shall mean wreckage, ruins, litter, garbage, refuse, trash, scattered remains of
something destroyed and includes, without limitation, disused materials, devices, parts and
equipment of any kind whatsoever.
“Ditch” means that part of a Highway that was designed or exists for the purpose of storing or
carrying storm water.
“Ground Cover” shall mean organic or non-organic material applied to prevent soil erosion in a
yard,
“Habitat Log(s)” means coarse, dead wood specifically chosen and deliberately placed in a yard
to provide ecological habitat or shelter to wildlife.
“Hardscaping” means any paving stone, boulder, stone, gravel, concrete, asphalt, rail, or any
other hard material.
Page 2 of 9
“Land(s)" means ground(s), yard(s) or vacant lot(s).
"Last Known Address" means the address which appears on the latest revised assessment roll of
the Corporation.
"Landscaped Area" means land that has been deliberately modified through the inclusion of one
or more species of plants, shrubs, hedges, trees, hardscaping or a combination thereof.
“Lot” means any parcel of land described in a registered deed or shown in a registered plan of
subdivision which is capable of being legally conveyed from one (1) party to another and
including any parts of the parcel which are subject to right of easement.
“Plant” means any vegetation that is not a shrub, hedge, or tree.
“Pest(s)” means rodents, vermin or insects that are detrimental to humans or damaging to human
concerns such as structures, crops, livestock or food.
"Property Standards Officer" means a person appointed by by-law of the Corporation as a
Property Standards Officer.
“Owner” includes:
a. The person for the time being managing or receiving the rent of the land or premises in
connection with which the word is used, whether on the person's own account or as
agent or trustee of any other person, or who would receive the rent if the land and
premises were let; and
b. A lessee or occupant of the land who, under the terms of a lease, is required to repair
and maintain the land.
"Refuse" means any article, thing, matter, substance or effluent that:
a. Has been cast aside, discharged or abandoned;
b. Is discarded from its usual and intended use; or
c. Is used up, in whole or in part, or expended or worn out in whole or in part, and shall
include domestic, construction, institutional or industrial waste, and provided further that
waste does not cease to be refuse by reason that it may be commercially saleable or
recyclable.
“Shrub” means a low woody perennial plant usually having several major branches.
"Town" means the Town of Smiths Falls.
“Turfgrass” means ground cover of various perennial grasses grown for lawns, or a type that
forms a dense, uniform turf if mown.
“Yard” shall mean any open, uncovered, unoccupied space appurtenant to a building on a
residential, non-residential, or vacant property used or capable of being used in connection with
the property, and includes driveways, parking areas, walkways, gardens, playgrounds, swimming
Page 3 of 9
3.2
4.1.
4.2.
4.3.
4.4.
4.5.
4.6.
4.7.
5.1.
pool areas, unenclosed decks unenclosed porches, unenclosed carports and unenclosed
garages.
"Waste" has the same meaning as Refuse.
lf a term is not otherwise defined in the Yard By-law then the definition in the Town of Smiths
Falls Property Standards By-law shall apply.
GENERAL PROVISIONS
No person shall make, permit to be made or have upon a Lot under their control any excavation
without erecting a good and sufficient fence, railing or barrier completely around such excavation,
and maintain the same so long as in the opinion of the Town, may be necessary for the protection
and safety of the public, provided however that any such excavation shall not be permitted to
remain for a period of longer than forty-five (45) days without written permission from the Town.
No person shall permit any Lot under their control to become a nuisance, unsanitary and/or
dangerous owing to inadequate or improper drainage.
No person shall permit any Lot under their control to contain prohibited or noxious weeds, as
listed in Schedule A.
No person shall permit any Lot under their control to become untidy, unsanitary and/or dangerous
owing to the storage thereon of any matter or thing or to the deposit or storage thereon of any
refuse, offal or excreta.
Notwithstanding the provisions of any part of Section 4, this By-law shall not be deemed to
prohibit the temporary storing of automotive and mechanical equipment, salvage and similar
material which is required for business purposes as part of an operating business for a maximum
of forty-five (45) days.
All persons shall ensure that all steps, pedestrian walkways, driveways, parking spaces and other
similar areas on a Lot under their control are maintained so as to afford clear, unobstructed and
safe passage by pedestrians and vehicles at all times.
All persons shall ensure that any Lot under their control is graded, filled up or otherwise drained
so as to prevent the recurrent ponding of storm water.
MAINTENANCE OF YARDS
Yards shall be kept free and clear of any:
a. Debris;
b. Wrecked, dismantled, inoperative, discarded, unused, or unlicensed vehicles or trailers,
whether exposed to view or covered over by means of a tarpaulin or other cover, except in a
licenced establishment authorized to conduct or operate a wrecking business;
c. Machinery or parts thereof, or other objects or parts thereof, or accumulation of material:
d. Holes that may create a health, fire, or accident hazard;
Page 4 of 9
5.2.
5.3.
5.4.
5.5.
5.6.
5.7.
5.8.
e. Dilapidated, collapsed or unsafe structures;
f. Partially constructed structures which are not currently under construction;
g. Old or dilapidated furniture, vehicles, fixtures or any appliances; and,
h. Animal excrement.
Landscaped areas shall be kept trimmed and maintained as to not hinder pedestrian and
vehicular traffic. Turfgrass shall be no excess of 20 centimetres in height, measured from grade
to the topmost growth of the vegetation.
The Town may, in its sole discretion, have a yard inspected by a Landscape Architect having full
membership in the Ontario Association of Landscape Architects, and require the Landscape
Architect to prepare a written report giving details of the Landscape Architect's findings, to
address a concern about the use of plants, shrubs, hedges, trees, commercially-available
hardscaping materials, habitat logs, the presence of any noxious weeds or any other
modifications to the yard.
A landscaped area shall:
a. Not encroach onto any adjacent lot and;
b. Comply with the maximum height regulations respecting sight line triangles as defined by the
Zoning By-law.
All hedges, shrubs, trees or other plants shall be planted and maintained in a manner that does
not:
a. Adversely affect the safety of pedestrians;
b. Adversely affect the safety of vehicular or pedestrian traffic;
c. Constitute an obstruction of view for vehicular or pedestrian traffic, but this does not prevent
the existence of a hedge that is 1 metre or less in height within a sight triangle; or
d. Wholly or partially conceal or interfere with the use of any hydrant or water valves.
Yards with exposed soil shall be cultivated or protected by groundcover or hardscaping which
prevents the erosion of the soil, accumulation of dust or dirt from spreading to neighbouring
properties and unstable soil conditions.
Firewood shall be neatly piled in rear or interior side yards only.
Despite the requirements of this section, temporary storage of materials or debris resulting solely
from the construction, demolition or alteration of a building or part thereof may be placed on the
yard, provided that,
a. Itis removed in its entirety from the yard after construction, demolition, or alteration works
have been completed;
b. It will not cause risk to the health or safety of any persons;
Page 5 of 9
5.9.
5.10.
5.11.
5.12.
5.13.
5.14.
6.1.
c. It does not visually obstruct pedestrian and vehicle traffic; and
d. A proper containment device is used as to prevent dust or dirt from spreading to neighbouring
properties.
Any furniture that is used outdoors shall be:
a. Keptinaclean, neat and tidy condition; and
b. Maintained in good repair.
An owner shall not allow a yard to remain in a state causing inadequate or improper drainage for
longer than seven (7) days unless the yard is:
a. Acconstruction site for which a site alteration permit and/or a building permit is in effect and a
proper sediment control device is in use;
b. Ayard being developed under a subdivision or registered site plan agreement with the Town;
or,
c. Ayard upon which material is being stored with the approval of the Town in connection with a
public works contract.
An owner shail not allow a yard to be left in an uncovered state, meaning not covered by sod,
seed or landscaping, for longer than thirty (30) days unless the yard is:
a. Acconstruction site for which a site alteration permit and/or a building permit is in effect;
b. Ayard being developed under a subdivision or registered site plan agreement with the Town;
or,
c. Being actively farmed.
A tree, shrub, hedge or other plant, or limb or branch of it, that is dead, diseased, decayed or
damaged such that it could create an unsafe condition or cause harm to the public or property
shall be removed from the yard or otherwise pruned to remove the dead, diseased, dying or
dangerous portions.
Subsection 5.12 shall not apply to habitat logs deliberately placed in yards so as to provide
additional wildlife shelter as long as habitat logs are:
a. Placed in areas that do not hinder pedestrian traffic on a public sidewalk; and
b. Free of pests.
The Town may, by Council resolution, elect not to enforce section 5.1.b of this by-law during the
month of May for the purposes of promoting environmental sustainability.
LANDSCAPING AND VEGETATION
Where landscaping, parking areas, walkways, steps, hedges, trees, fences, curbs, or similar
changes to a yard have been required by the Town as a condition of development or
Page 6 of 9
6.2.
7.1.
7.2.
7.3.
7.4.
7.5,
redevelopment, such works shall be repaired and maintained so as to ensure continuous
compliance with the Town’s requirements.
All shrubs, hedges, trees, habitat logs, landscaped areas or hardscaping planted and/or
constructed after the date of adoption of this By-law shall be placed at a minimum of 1.5 metres
from the backside of the sidewalk, and/or 3 metres from the street or curb, unless specified
otherwise.
ENFORCEMENT AND PENALTIES
When any Lot is not maintained pursuant to the provisions of this By-law, the Property Standards
Officer may send a notice by registered mail or delivered by hand to the owner's last known
address requiring them to make the Lot conform to the requirements of this By-law. Such notice
shall specify the infraction, the requirements to bring the Lot into compliance and the time allowed
to achieve compliance.
If the owner disagrees with the notice in section 7.1, then:
a. The owner may request a review of the notice by the Property Standards Committee;
b. The time period allowed for compliance does not begin until the decision of the Property
Standards Committee is final:
c. The Town shall engage a Landscape Architect to prepare the report in section 5.3, where the
disagreement pertains to the owner’s use of plants, shrubs, hedges, trees, commercially-
available hardscaping materials, and/or habitat logs, or the existence of prohibited or noxious
weeds listed on Schedule A, in which case the report shall be provided to the owner and the
Property Standards Committee no less than two (2) weeks before the meeting of the Property
Standards Committee to conduct the review; and,
d. Once a decision is rendered by the Property Standards Committee then the time allowed for
compliance begins, as appropriate.
If the owner fails to comply with the notice issued pursuant to section 7.1 within the specified
time, subject to section 7.2, the Town, in addition to all other remedies:
a. Shall have the right to restore the lands in accordance with the order and for this purpose
may enter in and upon the Lot with its employees and agents from time to time to; and
b. Shall not be liable to compensate such owner or occupant or any other person having an
interest in the Lot by reason of anything done by or on behalf of the Town under the
provisions of this section.
Where the Town restores the lands pursuant to section 7.3 the Town may recover the expense
incurred in respect thereof by any or all of the methods provided for in the Municipal Act.
Every person who contravenes any provision of this by-law is guilty of an offence as provided for
in subsection 429(1) of the Municipal Act, 2001, and all such offences are designated as
continuing offences as provided for in subsection 429(2)(a) of the Municipal Act, 2001.
Page 7 of 9
7.6. A person who is convicted of an offence under this by-law is liable, for each day or part of a day
that the offence continues, to a minimum fine of $500.00 and a maximum fine of $10,000.00 and
the total of all continuing offences is not limited to $100,000.00 as provided for in subsection
429(3)2. of the Municipal Act, 2001.
7.7. When a person has been convicted of an offence under this by-law, the Provincial Offences Court
or any court of competent jurisdiction thereafter may, in addition to any penalty imposed on the
person convicted, issue an order:
a. Prohibiting the continuation or repetition of the offence by the person convicted; and
b. Requiring the person convicted to correct the contravention in the manner and within the
period that the court considers appropriate.
REPEAL OF FORMER BY-LAW AND COMING INTO FORCE
8.1. By-law 7122-96 is hereby repealed.
8.2. The provisions of this by-law shall come into force and take effect on the passing thereof.
Read a first and second time this 6 day of February, 2023
Read a third time and passed this 6 day of February, 2023
XQ
Mayor
/ d
Lo, ok
Schedule A
Prohibited and Noxious Weeds
Item Common Name Scientific Name
1 Black Dog-strangling Vine Vincetoxicum nigrum/rossicum
2 Buckthorn, European/Common Rhamnus cathartica L.
3 Buckthorn, Glossy Frangula alnus
4 Coltsfoot Coltsfoot tussilago farfara L.
5 Common Barberry Berberis vulgaris L.
6 Common Crupina Crupina vulgaris, Cass.
7 Cypress Spurge Euphorbia cyparissias L.
8 Dodder spp. Cuscuta spp.
9 Dog-strangling Vine Cynanchum rossicum/ouiseae
10 Garlic mustard Alliaria petiolata
Page 8 of 9
11 Giant Hogweed Heracleum mantegazzianum Sommier & Levier
12 Hemlock, poison Conium maculatum L.
13 Jointed goatgrass Aegilops cylindrica Host
14 Japanese knotweed Reynoutria japonica var. japonica
15 Knapweed spp. Centaurea spp.
16 Kudzu Pueraria montana (Lour.) Merr.
17 Leafy Spurge Euphorbia esula L.
18 Phragmites Phragmites australis subsp. australis
19 Poison-ivy Toxicodendron radicans (L.) Kuntze
20 Purple loosestrife Lythrum salicaria
21 Ragweed spp. Ambrosia spp.
22 Serrated tussock Nassella trichotoma Hackel ex Arech.
23 Smooth bedstraw Galium mollugo L.
24 Sow-thistle spp. Sonchus spp.
25 Tansy Ragwort Senecio jacobaea L.
26 Thistle, Bull Cirsium vulgare (Savi) Tenore
27 Thistle, Canada Cirsium arvense (L.) Scopoli
28 Wild chervil Anthriscus sylvestris (L.) Hoffmann
29 Wild parsnip Pastinaca sativa L.
30 Woolly Cupgrass Eriochloa villosa (Thunb.) Kunth
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