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CITY OF ST. CATHARINES
BY-LAW NO. 2020 - /[) {o
A By-law to prohibit the use of certain lands for the disposal of waste and establish
standards respecting their maintenance.
WHEREAS pursuant to the provisions of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended.
AND WHEREAS The Council of the Corporation of the City of St. Catharines deems
refuse, waste, loose rubbish and debris on lands and unkempt yards a nuisance that
could create a health and safety hazard for the public;
NOW THEREFORE The Council of the Corporation of the City of St. Catharines enacts
as follows:
1.
DEFINITIONS
"Bulky Items" means items that do not fit in a residual waste bag including, but not limited
to, dilapidated furniture, rugs, carpets, sofas, mattresses, barbecues, small appliances,
audio-visual equipment, computers and related components, radios, amplifying devices,
television sets, microwave ovens, and any parts of such things.
"City" means The Corporation of the City of St. Catharines.
"Council" means The Council of the Corporation of the City of St. Catharines.
"Director" means the City's Director of Planning and Development Services or his or her
designate.
"Deposit" means throw, place or set down.
"Derelict Vehicle" means a used Vehicle or the body or chassis of a used Vehicle that:
a) Is not in an operating condition and is rusted, wrecked or partly wrecked or is
dismantled or partly dismantled; or
b) Does not have affixed to it a license plate with a current permit validation as
required under the Highway Traffic Act, R.S.O.1990,c.H .8.
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"Domestic Waste" means any article, thing, matter or any effluent which in whole or in
part or fragments belong to or are associated with a house or household or concerning
or relating to the home or family that appears to be Waste material, including, but not
limited to the following classes of material:
(a) Accumulations, deposits, leavings, litter remains, rubbish, trash, food waste;
(b) Animal hides, bones, and carcasses or any part thereof;
(c) Ashes;
(d) Bulky Items;
( e) Crockery;
(f) Derelict Vehicles and Vehicle parts and accessories;
(g) Furnaces, furnace parts, ducting, pipes, fittings to pipes, water or fuel tanks,
plumbing fixtures;
(h) Hazardous Materials;
(i) Inoperative Machinery;
(j) Paper, paper products, paper cartons, fabrics or carpets;
(k) Recyclable Materials;
(I) Refuse;
(m) Residual Waste;
(n) Rotting vegetable matter, or rotting animal matter, unless it is contained in an
appropriate composting container;
(o) Sewage;
(p) Sharps;
( q) White Goods or any part thereof;
(r) Wood Waste; and
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(s) Yard Waste.
"Dwelling Unit" means a unit consisting of one or more rooms, which unit contains toilet
and cooking facilities and is designed for use as a single housekeeping establishment.
"Hazardous Materials" means:
a) Explosive waste, including, wastes that may also produce deadly fumes or
vapours when exposed to air or mixed with other materials, and wastes such
as aerosol cans (full or partially full) and propane cylinders and tanks;
b) Flammable waste, including, but not limited to, gasoline, motor oil, barbecue
starter fluid, paint thinner, and finger-nail polish and remover;
c) Toxic waste including, but not limited to, wastes that are poisonous or lethal if
swallowed or inhaled, paint (full or partially full cans), pesticides, motor oil, over
the-counter and prescription medicine and household cleaners;
d) Corrosive waste including, but not limited to, batteries (household and
automotive), drain opener, oven cleaner, acid, and photographic solution;
e) Bio-medical waste including, but not limited to, Sharps, hypodermic needles,
syringes, and medical dressings/bandages or any material that comes in
contact with bodily fluids;
f) Hazardous waste, as defined in Ontario Regulation 347, "General - Waste
Management", R.R.O. 1990, as amended, to the Environmental Protection Act,
R.S.O. 1990, c. E19, as amended; and
g) PCB waste as defined in Ontario Regulation 362, "Waste Management
PCB's", R.R.O. 1990, as amended, to the Environmental Protection Act, R.S.O.
1990, c. E19, as amended.
"Highway" has the same meaning as defined under the Highway Traffic Act, R.S.O. 1990,
c. H.8, as amended.
"Industrial and Commercial Waste" means any article, thing, matter, or effluent which in
whole or in part or fragments belong to or are associated with industry or commerce or
concerning or relating to manufacture or concerning or relating to any trade, business,
calling or occupation that appears to be Waste material, including, but not limited to the
following classes of material:
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(a) Agricultural, animal, vegetable, paper, lumber, wood, ashes, mineral, metal,
plastic, or chemical products, or any part thereof, whether or not the products
are manufactured or otherwise produced;
(b) Accumulation of broken concrete, asphalt pavement, brick pave rs and side
walk slabs;
(c) Bones, feathers, hides, animal feces, parts of carcasses other than those
arising from industrial or agricultural businesses legally operating on the land ;
(d) Containers or pallets of any size, type or composition;
(e) Derelict Vehicles and Vehicle parts and accessories;
(f) Hazardous Materials;
(g) Inoperative Machinery;
(h) Material resulting from or as part of construction, repair or renovation, and
demolition projects;
(i) Piping, tubing, conduits, cable and fittings or other accessories or adjuncts to
the piping, tubing, conduits or cable;
(j) Refuse;
(k) Rubble, inert fill;
(I) Sewage; and
(m) Wood Waste.
"Inoperative Machinery" means such items that are unable to operate as a result of being
dismantled, partially dismantled, wrecked or incomplete, discarded or abandoned,
including things with missing parts, wheels, tires, engine(s), drivetrain, body components
or windows, such as bicycles, lawnmowers, trailers, boats, and mechanical tools.
"Multi-Residential Complex" means an apartment building, condominium complex,
townhouse complex, co-op complex or other similar residential complex containing three
or more self-contained Dwelling Units.
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"Occupant" has the same meaning as "occupier" as defined in the Occupiers' Liability Act,
R.S.O. 1990, c. 0 .2 including any Owner, lessee, tenant, agent, authorized employee or
Person otherwise in care and control of any Property.
"Officer" means a by-law enforcement officer and property standards officer employed by
the City.
"Owner" means a Person that is the registered owner of a Property.
"Person" means an individual, firm, proprietorship, partnership, association, syndicate,
trust, corporation, department, bureau or agency.
"Property" means any land or premises that is within the jurisdiction of the City.
"Recyclable Material" means any material or waste designated under a waste collection
contract entered into between the Region and a contractor, mandated under Ontario
Regulation 101/94, "Recycling and Composting of Municipal Waste", R.R.O. 1990, as
amended, to the Environmental Protection Act, R.S.O. 1990, c. E19, as amended, or
designated by the Region as a waste or material to be collected separately from other
waste, for the purpose of recycling.
"Refuse" means any article, thing, matter, substance or effluent that is or appears to be:
(a) Cast aside, discharged or abandoned;
(b) Discarded from its usual and intended use;
(c) Used up in whole or in part or is expended or worn out in whole or in part;
(d) Domestic Waste or Industrial and Commercial Waste, whether it is commercially
saleable or recyclable or not.
"Region" means the Regional Municipality of Niagara.
"Sewage" means any liquid waste containing human, vegetable, or mineral matter, waste
that is in suspension whether domestic or industrial or any other waste whether in
suspension or precipitated, but does not include roof water or storm run-off.
"Sharps" means needles, broken glass, nails, spikes, or other objects with a blade or point
and includes medical or veterinary implements and equipment intended to be sharp for
the purpose of cutting or piercing.
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"Unsafe Condition" means any condition that could cause undue hazard to the health or
safety of any Person, authorized or unauthorized on or about a Property.
"Vehicle" includes a motor vehicle, trailer, boat, motorized snow vehicle and any
mechanical equipment designed to be drawn, propelled or driven by any type of power,
including muscular power.
"Waste" means Domestic Waste, and Industrial and Commercial Waste.
"Waste Receptacle" means any receptacle used to store waste including residual waste
bags, garbage cans and bins, recycling boxes, yard waste receptacles, composting
containers, or green bins.
"White Goods" means disconnected refrigerators, freezers, microwaves, air conditions,
stoves, washers, dryers, dishwashers, hot water tanks, metal bathtubs, metal sinks, metal
shower enclosures, oil tanks, or any part or parts of such things.
"Wood Waste" means wood scraps, including painted, treated, and coated wood from
wood work residues, interior doors and household furniture, but does not include wood or
wood scraps generated from construction demolition, renovation or commercial
purposes.
"Yard" means land that is not a Highway, including vacant lots or any part of a lot, which
is not beneath a building and for the purpose of this by-law includes unenclosed decks,
unenclosed porches, balconies, patios, unenclosed carports and unenclosed garages
accessory to a residential use.
"Yard Waste" includes, but is not limited to Christmas trees, leaves, roots, weeds, hedge,
and shrub trimmings or cuttings, splinters or rags, brush cuttings, broken or torn bits of
twigs and branches, and pumpkins, but shall exclude sod, soil, grass clippings and
stacked firewood for use in a fireplace on the Property.
2.
ADMINISTRATION OF BY-LAW
2.1 Administration. This by-law shall be administered by the Director.
3.
APPLICATION OF BY-LAW
3.1 Jurisdiction. This by-law shall apply to all Property within the geographic boundaries
of the City.
3.2 Public Use Exemption. Any Property whose primary purpose is to provide public
services and goods, including those lands in ownership, care and control of the City,
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Region, school boards thereof, and government owned utilities, is exempt from the
application of this by-law.
3.3 Exemption for Proper Industrial Use. On lands zoned employment under the City's
Zoning By-law No. 2013-283, and used for industrial purposes, equipment and materials
directly related to the industrial use of the land may be stored on the land by the Owner
or Occupant in a tidy and organized fashion and, and if ordered by the Director, the
equipment and materials shall be screened from view to the satisfaction of the Director.
4.
REGULATIONS
4.1 General
4.1.1 Waste. Every Owner or Occupant of Property shall keep such land clean of Waste.
4.1.2 Unsafe Condition. Every Owner or Occupant of Property shall keep such land free
of an Unsafe Condition.
4.1.3 Compliance Exemption. A Person does not breach section 4.1.1 merely by storing,
preparing or placing items in accordance with this by-law, or out for collection by the
Region in accordance with any applicable by-law pertaining to the collection of Waste,
such as the Region's By-law No. 2017-56, or any applicable provincial or federal law.
4.2 Natural Maintenance
4.2.1 Yard Conditions. Every Owner or Occupant of Property shall ensure that the Yard
is kept free of dead, decayed or damaged trees or other natural growth, and the branches
or limbs thereof which create an unsafe or unsightly condition.
4.2.2 Hedges and Landscaping. Every Owner or Occupant of Property shall ensure that
the hedges, plantings, trees and other landscaping on the property shall be maintained in
a healthy condition, acceptable to the Officer.
4.2.3 Trees and Landscaping. Every Owner or Occupant of Property shall ensure that all
dead, diseased or decaying hedges, plantings, trees, or other landscaping which may be
a hazard in the opinion of the Officer, shall be removed or returned to a healthy condition.
4.3 White Goods and Bulky Items Safety
4.3.1 Safety. If a large appliance is not being used for its manufactured purpose or is
being set out for collection by the City, or is being set out in a Yard pending collection by
the City, the door shall be removed or secured in such a way as to prevent the door from
being shut so as to prevent any individual from being trapped in such an appliance.
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4.4 Abutting Untravelled Portions of Highways
4.4.1 Maintenance. Every Owner or Occupant of Property shall ensure that the
untravelled portion of the Highway abutting the property be kept free of Refuse.
4.5 Vehicles and Inoperative Machinery
4.5.1 Storing of Derelict Vehicles. Every Owner or Occupant shall keep their land clean
and free of Derelict Vehicles
4.5.2 Yard and Storage. The restriction in section 4.5.1 shall not apply to a Derelict
Vehicle that is wholly contained within a building.
4.5.3 Agricultural Exemption. Notwithstanding the provisions of this by-law, Derelict
Vehicles, Vehicle parts and accessories, and Inoperative Machinery may be stored on an
"agricultural operation", as defined under the Farming and Food Protection Act, S.O.
1998, c.1, as amended, provided that:
a) Such material is screened from view from any land zoned residential in the City's
City's Zoning By-law No. 2013-283, or all public Highways within 152.4 metres
(500 feet); and
b) The material is used for replacement parts, vehicles or materials as part of the
agricultural operation.
4. 7 Storage and Containers
4. 7.1 Containers. No Person shall store Waste, except in Waste Receptacles placed in a
location which is in accordance with the City's Zoning By-law No. 2013-283.
4. 7.2 Determination by Director. The Director may determine where Waste Receptacles
shall be located and his or her determination shall be final.
4. 7.3 Duty to Supply Containers. It shall be the duty of the Owner of a Multi-Residential
Complex or commercial and industrial complex to supply and maintain a sufficient number
of Waste Receptacles and other such equipment as may be necessary for the orderly
disposal of Waste. The Landlord for such complexes shall provide a common place where
the Waste Receptacles shall be properly stored and available for the Occupant's use in
order to facilitate collection.
5.
ENFORCEMENT
5.1 Notice. The Director or an Officer may, by order sent by registered mail to the Owner
or Occupant of the Property, or by regular mail or by personal service, or by placing a
placard containing the terms of the order in a conspicuous place on the property (and the
placing of the placard shall be deemed to be sufficient service) require the Owner or
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Occupant within the time specified in the order to do any one or combination of the
following:
(a) To clean, clear or remove from the land or structure, Refuse and
Waste material of any kind;
(b) To cease using the land or structure for the dumping or disposing of, Refuse and
Waste material of any kind;
(c) To cover over, screen, shield or enclose the Refuse in the manner prescribed by
the Director; or
(d) To remove any composting container, or compost, that is not found to be
maintained in a clean and sanitary condition to the satisfaction of the Director or
Officer.
(e) To do anything that the Director or an Officer may deem necessary.
5.2 Identification. Every order shall identify the Property, and the specific area on the
property that is in contravention of this by-law.
5.3 Last Known Address. Every order to an Owner or Occupant shall be sent to the
address shown on the last revised assessment roll or to the last known address.
5.4 Effective Date. Every order sent by registered mail shall be deemed to be served on
the fifth day after the day of mailing.
5.5 Continuing Offence. Failure to comply with the requirements set out in an order is
deemed to be a continuing offence on each day or part of a day that the order is not
complied with.
5.6 Inspection. Subject to any applicable law, the Director or an Officer, along with any
Person necessary to assist the Director or Officer with their duties, may, at any reasonable
time, enter and inspect any Property for the purpose of determining whether the Property
is in compliance with any section of this by-law.
5. 7 Obstruction of Duties. No Person shall hinder or obstruct the Director or an Officer,
who is carrying out an inspection of the Property for the purpose of enforcing this by-law,
nor shall any Person hinder or obstruct any employee or agent of the City directed to carry
out work to bring the Property into compliance with any section of this by-law.
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5.8 Remedy. Where the Owner or Occupant is in default of doing the matter or thing
required to be done in an order under this by-law, the Director or an Officer may direct an
agent or employee to do anything or combination of things that is necessary to bring the
Property into compliance with any section of this by-law, including:
(a) Clean or clear up the Property;
(b) Remove Refuse;
(c) Cover over, screen, shield or enclose Refuse or Waste;
(d) Remove Derelict Vehicles from the Property;
(e) Clear the Property from objects or conditions that might create an Unsafe
Condition; or
(f) Take any action the Director or Officer deems necessary to bring the property into
compliance with this by-law.
5.9 Disposition. Where any of the matters or things are removed in accordance with
section 5.8, the matters or things may be immediately disposed of.
5.1 O Recovery of costs. The City shall recover the costs in doing a matter or thing referred
to in section 5.8 by action, or in like manner as municipal taxes from the person named
in the order. The costs include interest calculated at a rate of 15 percent, calculated for
the period commencing on the day the City incurs the costs and ending on the day the
costs, including interest, are paid in full. The amount of costs, including interest,
constitutes a lien on the land upon the registration in the land registry of an order of lien.
The lien shall be in respect of all costs that are payable at the time the order is registered
plus interest accrued at the rate of 15 percent to the date the payment is made in full.
6.
OFFENCES
6.1 Penalties. Every Person who contravenes any provision of this by-law is, upon
conviction, guilty of an offence and is liable to a fine, and such other penalties, as provided
for in the Provincial Offences Act, R.S.O. 1990, c. P.33 and the Municipal Act, 2001, S.O.
2001, C. 25.
6.2 Director or officer of corporation. A director or officer of a corporation who knowingly
concurs in the contravention of this by-law by the corporation is guilty of an offence and,
upon conviction, is subject to the fines as set out in this by-law.
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7.
MISCELLANEOUS
7.1 Gender and Number. In this by-law, unless the contrary intention is indicated, words
used in singular shall include the plural and words used in the male gender shall include
the female gender and vice versa.
7.2 And/Or. The word "and" is an inclusive conjunction, the use of which indicates that all
items or phrases in that subsection, article, or list in which it appears are permitted or
required as the case may be. The word "or" is an alternate conjunction, the use of which
indicates that alternate or optional items or phrases in the subsection, article or list in
which it appears are permitted or required, as the case may be; however, notwithstanding
the foregoing, where the context permits, the word "or" may also be an inclusive
conjunction having the same meaning as the word "and".
7.3 Severability. If any or part of a provision of this by-law is declared by any court or
tribunal of competent jurisdiction to be illegal or inoperative, in whole or in part, or
inoperative on particular circumstances, the balance of this by-Law, or its application in
other circumstances, shall not be affected and shall continue to be in full force and effect.
7.4 Compliance with other by-laws. This by-law shall not be construed to reduce or
mitigate any restrictions or regulations lawfully imposed by the City or by any
governmental authority having jurisdiction to make such restrictions or regulations. If there
is a conflict between a provision of this by-law and a provision of any other City by-law,
the provision that establishes the higher standard shall apply.
7.5 Repeal.
That By-law No. 2001 -409, as amended by By-law No. 2002-12 and 2012-81 be and
the same are hereby repealed.
7.6 Effective date.
This by-law comes into force and takes effect on the date that it is passed.
Read and passed this
ylJ
/ D
day of
2020.
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