By-law No. 931-12 Respecting Litter, Yard Waste and the Maintenance of Property

Stirling-Rawdon, Ontario · No. 931-12 · summary & facts

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THE CORPORATION OF THE TOWNSHIP OF STIRLING-RAWDON BY-LAW NUMBER 931-12 BEING A BY-LAW RESPECTING LITTER, YARD WASTE AND THE MAINTENANCE OF PROPERTY. WHEREAS Section 127 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,provides that a local municipality may require an owner or occupant of land to clean and clear the land, not including buildings, or to clear refuse or debris from the land, not including buildings; to regulate when and how such matters shall be done; to prohibit depositing of re?rse or debris on land without the consent of the owner or occupant of the land; and to define re?rse; AND WHEREAS Section 128 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a local municipalitymay prohibit and regulate with respect to public nuisances, including matters, that, in the opinion of Council, are or could becomepublic nuisances; AND WHEREAS Section 131 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipalitymay prohibit and regulate the use of any land for the storage of motor vehicles for the purpose of wrecking or dismantlingthem or salvagingparts from them for sale or other disposition; AND WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amendedprovides that a municipality may pass by-laws respecting, inter alia, health, safety and the well being of persons and waste management; AND WHEREAS Section 446 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that where a municipality has authority under the Municipal Act or any other Act or under a by--lawmade under the Municipal Act 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 to do it, the matter or thing shall be done at the person's expense and the municipality may recover the expense incurredby action or by adding the cost to the tax roll and collectingthem in the same manner as property taxes; NOW THEREFORE the Council of the Corporation of the Township of Stirling--Rawdon enacts as follows: SECTION 1 GENERAL PROVISIONS I. SHORT TITLE This By-Law shall be known as the "Clean Yards By-Law". 1.2 DEFINITIONS 1.2.1 In this By-Law: a) "AGRICULTURE" shall mean general farminguses and without limiting the generality of the foregoing, shall include the general cultivation of land and associated production, conditioning, processing and storage of ?eld crops, the wholesalingof vegetables, fruit, horticultural and nursery stock, the breeding and care of livestock, fur-bearing animals, bees, and the 'selling of such stock or products produced on the premises, and the production and wholesaling of forest products including ?iel wood, pulp wood timber, trees and maple products. b) "DWELLING" shall mean a building containing rooms which function as a housekeeping unit used or intended to be used as a domicileby one or more persons; containing cooking, eating, living, sleeping and sanitary facilities. d) g) h) J) k) 1) By-law No. 931-12 "BY-LAW ENFORCEMENT OFFICER" shall mean an of?cer of the Stirling-Rawdon Police Service, or other person appointed or employed by the Corporation of the Township of Stirling-Rawdon for enforcement of By--Laws. "DOMESTIC WASTE" shall mean any waste, litter, debris, rubbish, re?ise, sewage, effluent, discard,or garbage of a type arising from a residence, belonging to or associated with a house or residentialproperty and without limiting the generality of the foregoing includes a motor vehicle that appears by reason of its age, appearance, mechanical condition or lack of licenceplates to be inoperative, inoperative mechanicalequipment, automotive and mechanicalparts, disused furniture, old clothing, garden re?rse, earth or rock ?ll, broken concrete, asphalt pavement, brickpavers and sidewalk slabs, old or decayed lumber, material from construction or demolitionprojects and other vehicles, machinery equipment, materials or structures apparently disused in their existing location. Domestic waste as de?ned in this By-Law does not cease to become domesticwaste by reason only that it may be commercially saleable or recyclable. "EXCESSIVE GROWTH OF GRASS AND WEEDS" shall mean grass and or weeds which have grown to a height greater than thirty centimeters (twelve inches); "INDOOR FURNITURE" shall mean and include any furniture intendedfor and made of such materialthat would require the furniture be sheltered ?'om the natural elements such as rain and snow and shall includebut not be limited to items such as couches, sofas, love seats, fabric covered chairs,pillows and cushions, mattresses and box springs; "INDUSTRIAL WASTE" shall mean debris, rubbish, re?ise, sewage, effluent, discard or garbage of a type arising from industrial or commercialoperations, or belonging to or associatedwith industry or commerce or industrial or commercial property, and without limiting the generality of the foregoing includes all garbage, debris, discardedmaterial or things, broken or dismantledthings, a motor vehicle that appears by reason of its age, appearance, mechanicalcondition or lack of licence plates to be inoperative, inoperative mechanical equipment, automotive and mechanicalparts, disused fumiture,old clothing, garden refuse, earth or rock ?ll, broken concrete, asphalt pavement, brick pavers and sidewalk slabs, old or decayed lumber,material from construction or demolitionprojects and other vehicles, machinery equipment, materials or structures apparently disused in their existing location. Industrial waste as de?ned in this By-Law does not cease to become industrial waste by reason only that it may be commercially saleable or recyclable. "LAST KNOWN ADDRESS" shall mean the address,which appears on the last revised assessment rolls of the Corporation of the Township of Stirling-Rawdon; "MUNICIPALITY" shall mean the Corporation of the Township of Stirling-Rawdon; "MUNICIPALLY OWNED LANDS" shall mean the property owned or maintainedby the Corporation of the Township of Stirling-Rawdonshown on the last revised assessment roll and shall include all municipal road allowances and rights of way; "NOXIOUS WEED" shall mean a species of weed designated by or under the Weed Control Act, R.S.O. 1990, c. W.5, as a noxious weed; "OCCUPAN T" shall mean any person or persons over the age of 18 years in possession of the property; "ORDER" shall mean any notice of non-compliance issuedunder this By-Law; "OWNER" shall mean the person in whom is Vested the ownership, dominion or title of property and includes his or her agent, administratoror assignee; "PERSON" shall mean and include an individual, firm, corporation, association or partnership and includes an occupant or an owner of a property; p) q) 1.3 1.3.1 1.3.2 1.4 1.4.1 1.4.2 - 3 - By-law No. 931-12 "PROPERTY" shall mean any grounds, yard or vacant land; "REFUSE" shall mean and include all manner of waste, debrisand sewage as provided for or de?ned in this By-Law but does not include a building or buildings on a property, but does include parts or pieces of such structures on the property that are dismantledor are rubble, or which have become detached ?'om a building, whether by construction, demolition, damage or deteriorationand any article, thing, matter, substance or ef?uent that: i. has been cast aside, discharged or abandoned, or ii. is disused from its usual and intended use, or iii. is used up, in whole or in part, or expanded or worn out, in whole or in part; and iv. shall include domestic waste and industrial waste. "VACANT LANDS" shall mean lands with no building(s) or having no land uses established; "VEHICLE" shall include an automobile,truck, bus, motorcycle, motor assistedbicycle, traction engine, farm tractor or farm machinery, road building machine, construction vehicle, bulldozer, backhoe, excavator, grader, asphalter, earth mover, compactor, crane, lift, skid steer, generator, welder, street car or other vehicle running only upon rails, motorized snow vehicles, off road vehicle, trailer, boat, bicycle, or any vehicle drawn, propelled or driven by any kind of power, including but not limited to mechanicalpower, muscular power, wind power or solar power; "VEHICLE PARTS" shall mean and include any component or element, whether operable or not, used in the assembly, construction, maintenanceor repair of a vehicle; "WATER COURSE" shall mean an identi?able depression in the ground in which a natural ?ow of water occasionally, regularly or continuously ?ows, even if the bed is sometimes dry, and even if the banks are sometimes over?owed or submerged; "YARD" shall mean land,other than publicly owned land,around and appurtenant to the whole or part of a building (and used, or capable of being used in connection with the building) and may include a paved area used for the parking of vehicles. INTERPRETATION In this By-Law statutory references are to statutes of Ontario and the regulations made thereunder and shall be deemed to refer to such statutes and regulations as amended, consolidated,re-enacted and in force from time to time. This By-Law shall be read with all changes of gender and number required by the context or circumstances. EXEMPTION The provisions and regulations of this By-Law do not apply to materials or equipment directly related to construction works on lands on which construction is actively proceeding in accordance with a permit issued pursuant to the Building Code Act. This By-Law does not apply so as to prevent a farm, meeting the de?nition of "agricultural operation" under the Farming and Food ProductionProtection Act, 1998, S.O. 1998, c.l, ?'om carrying out a normal farm practice for and defined under that Act. -4- By--lawNo.931-12 SECTION 2 APPLICABLE PROVISIONS 2.1 2.1.1 2.1.2 2.1.3 2.2 2.2.1 2.2.2 2.2.3 2.2.4 2.2.5 2.2.6 2.3 2.3.1 2.3.2 MAINTENANCE OF PROPERTY No owner shall fail to keep the vegetation on the property clean and cleared-up. For the purpose of article 2.1.1, "clean" or "cleared-up" shall mean: 1) the removal of noxious weeds from their property; 2) the cutting of grass so that its height is maintained not to exceed a maximum of thirty centimeters (twelve inches). Property located in the following zones, as designated in the Township of Stirling- Rawdon Zoning By-Law, shall be exempt from the provisions of Section 2.1.2 (1) of this By-Law: 1) Environmental Protection (EP), Open Space (OS), and Environmental Protection Wetland (EPW) Zones; 2) Agricultural (A) Zones, Rural (RU) Zones and all other zones that permit agricultural use, and the land in question is actively used for an agricultural purpose, with the exception of the yard spaces surrounding any dwellingbeing a minimum of 0.2 hectares; 3) Future Development Zones more than 60 metres from all other abutting zones unless otherwise directed by Council. LITTER No person shall cause, permit, throw, place or deposit I'6?.lS6and/or other debris on private land without the written authorityof the owner or occupant of the land. No person shallthrow, place or deposit refuse and/or debris on land owned or occupied by the Municipality without the written authorizationof the Township. A person does not breach articles 2.2.1 and 2.2.2 by placing garbage out for collection on their property in accordancewith the T0wnship's By--Lawsand collection schedules, but no person shall leave out garbage contrary to such By--Lawsor schedules. No owner shall fail to clean or clear exterior walls of any building or structure on the land and their components so as to be free of posters which are for giving of notice for an event that has already occurred, or where the message contained is not readable due to damage or deteriorationto the poster or its content, or where the posters are loosened, dislodged, torn or otherwise in a condition that may permit them to detach and become litter. No owner shall fail to clean or clear exterior walls of any building or structure on the land and their components so as to be free of graffiti drawn, etched, painted, engraved, or otherwisemarked on such wall or building or structure. Pursuant to the Municipal Act, S.O. 2001, c.25 as amended,the cost of removal of posters by the Township is collectableagainst the owner of the advertisingdevice under the terms of the Municipal Act, notwithstandingthe content of this By-Law. GARBAGE AND WASTE DISPOSAL No owner shall fail to keep the property free and clear of domestic waste or industrial waste, or any thing in their possession that may constitute a health, fire or safety hazard to the yard or vacant lands of another person or to any murricipally owned lands. No person shall use any land or structure within the Township for dumping or disposing of domestic waste or industrialwaste, or any other thing in their possession that may constitute a health, fire or safetyhazard to the yard or vacant lands of another 2.3.3 2.3.4 2.3.5 2.3.6 - 5 - By-law No. 931-12 person or to any Municipally owned lands. The owner or occupant of land used contrary to or on which there is a contravention of articles 2.3.1 and 2.3.2 regardless of whether the use or contravention occurred prior to the enactment of this By-Law, shall at the persons own expense clean, clear and cease using such land or structure for such a prohibited purposes. Articles 2.3.1 and 2.3.2 do not apply to land or structures used by the Township, or land or structures designated by By-Law of the Township for the purpose of dumping or disposing of waste. Despite any other section,this By--laWshall not apply to the storage of used lumber, used building materials,inoperative vehicles,machinery, or vehicleparts on a property used for agriculture provided that: i) such property is zoned in an Agricultural or Rural Zone as set out the Township's Comprehensive Zoning By-law; ii) such material is screened from Viewfrom any residentialparcel or public highway within 150 metres (492 feet); and iii) the material is required for use as replacement parts, Vehiclesor materials as a required part of the agricultural operation. The owner or occupant of a residentialproperty may provide for a compost heap or bin provided that: i) any compost is con?ned to an area not larger than 1.0 square metre in area and 1.5 metres in height and is enclosedon all sides by concrete block or lumber or contained within a container designed for composting; and ii) any compost heaps or bins shall be constructedto prevent the entry of animals and shall be provided with a secure ?tting cover. 2.4 MOTOR VEHICLE SALVAGE 2.4.1 2.4.2 No owner or occupant of land shall fail to keep a yard free ?om wrecked,dismantled, inoperative or unlicenced vehicles, trailers or other machinery or any part thereof and waste and refuse of any kind. Article 2.4.1 does not apply if the ComprehensiveZoning By-Law permits the land to be used for suchpurposes and the owner or occupant of the land holds any required valid license or permits issued by the Township or the body holding jurisdiction. SECTION 3 ADMINISTRATION AND ENFORCEMENT 3.1 3.1.1 3.1.2 ENFORCEMENT A By-Law Enforcement Of?cer may inspect the land or structures, for the purpose of determiningwhether: i) properties are being maintained in accordance to this By-Law; ii) the land or structure is used for dumping or disposing of garbage, refuse, ?ll, domestic waste, or industrial waste of any kind; iii) the land or structure is used for the storage of used motor Vehiclesfor the purpose of wrecking or dismantling them or salvagingparts thereof for sale or disposal; iv) the owner or occupant has complied with any Order sent by the By-Law Enforcement Officer, or an O?icer; or v) there is compliance or non-compliance with any other provision of this By-Law. Every owner or occupant shall permit a By-Law Enforcement Of?cer, upon production of identi?cation and for the purpose of the inspection by the Township, to inspect the land or structure for the purpose of article 3.1.1. 3.1.3 3.1.4 3.1.5 3.1.6 3.1.8 3.2 3.2.1 3.2.2 3.3 3.3.1 3.3.2 - 6 -- By-law No. 931-12 When any lands and buildings are not maintainedpursuant to the provisions of this by- law, a By-Law Enforcement Officer may issue an order and may send such order by registered mail or delivered by hand to the owner or occupant's last known address requiring them to make the lands and buildings comply with the requirements of this by-law. Such order shall specify the time allowed for compliance. In the event a By-Law Enforcement Officer is unable to serve the order by registered mail or personally, the order may be posted in a conspicuous place on the property, and the placing of the order shall be deemed to be su?icient service of the order on the property owner. Where the owner or occupant fails to comply with an order issued under this By-Law within the time speci?ed for compliance, the Township in addition to all other remedies: i. Shall have the right to enter in and upon the lands and to restore the lands and carry out remedial action speci?ed in the order at the owner's expense; and Shall not be liableto compensate suchowner or occupant or any other persons having an interest in the property by reason of anything done by or on behalf of the Township under the provisions of this section; iii. May recover the costs of any remedial action undertaken by the Township by adding the costs to the tax roll and collecting them in the same manner as property taxes. Where any of the materials or things are removed in accordancewith article 3.1.5, the materials or things may be disposed of immediatelyby the Township, and any recovered salvage value or other actualrecovery of money made upon such disposal shall be credited ?rst against costs, the balance shall be refunded to the person who was in possession of the materials or things prior to their removal from the land. No person shall hinder or obstruct a By-Law Enforcement Officer employed to enforce this By-Law, ?om carrying out an inspection of lands, nor shall any person obstruct any employee or agent authorized to carry out work for the Township under the authority of this By-Law. OFFENCES Any person who violates any provisions of this By-law is, upon conviction, guilty of an offence and shall be liable to suchpenalties prescribed by the Provincial Offences Act, R.S.O., 1990, c.P.33. Each day that such offence is committed, or permitted to continue, shall constitute a separate offence and may be punishable as such. Where this By-Law is contravened and a conviction entered, in addition to any other remedy and to any penalty imposed by this By-Law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, pursuant to Section 431 of the Municipal Act, S.O. 2001, c.M.25 VALIDITY Should a Court of competent jurisdiction declare a part or whole of any provision of this By-Law to be invalid or of no force and effect, the provision or part is deemed severable from this By-Law, and it is the intention of Council that the remainder survive and be applied and enforced in accordancewith its terms to the extent possible under the law so as to protect the public by ensuring a minimum standard for maintenance and occupancy is maintained. Where a provision of this By-Law con?icts with the provision of another By-Law, Act, or Regulation in force within the Township of Stirling--Rawdon,the provisions that establishthe higher standards to protect the health and safety of persons shall prevail. - 7 - By-1aWNo.931-12 SECTION 4 ENACTMENT 4.1 DATE OF ENACTMENT 4.1.1 That by-law No. 1409-96 (former Village of Stirling) and By-law No. 1585-95 (former Township of Rawdon) be hereby repealed. 4.1.2 This By-Law shall come into force and take effect on the day it is passed. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS /7' DAY OF A , 2012. AY ERK SCHEDULE "A" SHORT FORM WORDING AND SET FINES THE CORPORATION OF THE TOWNSHIP OF STIRLING-RAWDON PART 1, PROVINCIAL OFFENCES ACT By-Law No. 931-12 Being a By-law Respecting Litter, Yard Waste and the Maintenance of Property within the Township of Stirling-Rawdon OFFENCE CREATING PROVISION OR SET ITEM SHORT FORM WORDING DEFINING OFFEN CE FINE 1 Fail to keep land clear of garbage and domestic /industrial waste. Section 2.3.1 $200.00 2 Excessive growth of grass/ weeds Section 2.1.2 (2) $100.00 3 Use of land for storing motor vehicles and / or parts thereof Section 2.4.1 $250.00 4 Fail to remove noxious weeds Section 2.1.2 (1) $100.00 5 Littering - Private Property Section 2.2.1 $50.00 6 Littering - Public Property Section 2.2.2 $50.00 Note: T 1e penalty provision(s) for offences indicated above is contained in Section 3.3.1 of By-law No. 931-12, a certi?ed copy of which has been ?led.