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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
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-
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.
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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
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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
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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.
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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.