By-law 146-2019: Clean Yards, Litter and Maintenance of Property
Thorold, Ontario
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The Corporation of the City of Thorold
By-law No. 146-2019
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 the depositing of refuse or debris on land without the consent
of the owner or occupant of the land; and to define refuse; and
Whereas Section 128 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a local
municipality may prohibit and regulate with respect to public nuisances, including matters that, in the
opinion of Council, are or could become public nuisances; and
Whereas Section 131 of the Municipal Act, 2001, S.O. 2001, C.25, as amended, provides that a
municipality may prohibit and regulate the use of any land for the storage of motor vehicles for the
purpose of wrecking or dismantling them or salvaging parts from them for sale or other disposition;
and
Whereas Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides 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-law made 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 incurred by action or by
adding the cost to the tax roll and collecting them in the same manner as property taxes; and
Whereas Council desires to pass a by-law:
(1)
for the maintenance of yards by owners and occupants;
(2)
prohibiting the keeping of domestic and industrial waste on lands;
(3)
prohibiting littering on public and private land;
(4)
regulating the salvage of motor vehicles and their components with the intent of
promoting proper recycling and reuse of resources, the limiting of waste and wasteful
practices, the limiting or eliminating of nuisances, particularly from waste and
naturalized areas to other properties in the municipality, and the limiting and eliminating
of other unhealthy practices and conditions arising from litter, refuse or neglect.
Now therefore, the Council of The Corporation of the City of Thorold enacts as follows:
1.
SHORT TITLE
(1)
This by-law shall be known as the "Clean Yards By-law".
2.
GENERAL PROVISIONS
2.1. DEFINITIONS
(1)
In this by-law:
The following consolidated by-law is an electronic reproduction made available for convenience and information only. It is not an official or
legal version of the By-law. The format may be different, and plans, pictures, other graphics or text may be missing or altered. The
Municipality of The City of Thorold does not warrant the accuracy of this electronic version.
Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
"Agricultural Operation" means an Agricultural Operation as defined by the city's
Zoning Bylaw;
"City" means the Corporation of the City of Thorold or the geographical area of
the municipality, as the context requires;
"Chief Building Official" means the Chief Building Official appointed by Council
under the Building Code Act, S.O. 1992, c.23 as amended, or the Person who is
appointed to act in that capacity during his or her absence;
"Indoor Furniture" means and includes any furniture intended for and made of such
material that would require the furniture be sheltered from the natural elements
such as rain and snow and shall include but not be limited to items such as couches,
sofas, love seats, fabric covered chairs and mattresses;
"Inoperative Vehicles" means such items that are unable to operate as a result of
being dismantled, broken or incomplete, decayed or dilapidated, and in particular
includes Vehicles that are unlicensed which would require a licence under the HTA,
with missing part(s), wheel(s), tire(s), engine(s), drive train or body components or
window(s), unless it's use is permitted under the zoning by-law or is necessary for
the operation of a business enterprise lawfully situated on the Property;
"Last Known Address" means the address, which appears on the last revised
assessment rolls of the Corporation of the City of Thorold;
"Noxious Weed" means a noxious weed designated by or under the Weed Control
Act, R.S.O. 1990, c. W.5, including any weed designated as a local or noxious weed
under a by-law of the City passed under that Act;
"Occupant" means any Person or Persons over the age of 18 years in possession
of the Property;
"Officer" means a Municipal Law Enforcement Officer or other Person appointed or
employed by the City for enforcement of by-laws and includes both Police and
Peace Officers;
"Order" means any notice of non-compliance issued under this by-law;
"Owner" means any Person or Person who, or any firm, business, corporation or
institute that is the registered owner of land or a building or buildings or premises
under consideration or any agent or contractor or builder thereof, or a Person
entitled to a limited estate in the Property, a trustee in whom the Property is
invested, an executor, an administrator and a guardian, to whom the context
applies.
"Perimeter Strip" means a minimum three (3) metre wide strip immediately adjacent
to the lot lines of Vacant Lands;
"Person" means and includes an individual, firm, corporation, association or
partnership and includes an Occupant or an Owner of a Property;
"Property" means any grounds, Yard or Vacant Lands;
"Refuse" means and shall include all manner of Waste, debris and sewage as
provided for or defined 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 dismantled or are rubble, or which have become detached from a building,
whether by construction, demolition, damage or deterioration and any article, thing,
matter, substance or effluent that:
(a) has been cast aside, discharged or abandoned, or
(b) is disused from its usual and intended use, or
(c) is used up, in whole or in part, or expanded or worn out, in whole or in
part; and
(d) shall include Waste.
"Sewage" means any one of or a combination of domestic sanitary sewage and/or
water borne Waste, and/or non-domestic sanitary sewage and/or water borne
Waste, discharged from residences, businesses, recreational facilities, institutions
or industry;
"Standing Water" means any water on a Property other than:
(a) a natural moving body of water that exists on a permanent basis;
(b) a body of water that is maintained in such a way so as to prevent the
breeding of and/or larvae growth of mosquitos, through the operation
of a re-circulation and filtration system and/or the additive of an
approved substance that will prevent the breeding of and/or larvae
growth of mosquitos;
(c) any body of water containing live fish;
(d) any body of water natural to its surrounding environment including
natural ponds, bogs, marshes and wetlands;
(e) any body of water within a municipally owned or regionally owned storm
water management facility;
(f) any body of water contained for less than four (4) days.
"Turf Grass" means ground cover, including weeds, with or without trees, shrubbery
or maintained planting beds for other vegetation;
"Vacant Lands" means lands with no building(s) or having no land uses established;
"Vehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road-
building machine, bicycle and any vehicle drawn, propelled or driven by any kind of
power, including muscular power, but does not include motorized snow vehicle or
a street car;
"Vehicle Parts" means and shall include any component or element, whether
operable or not, used in the assembly, construction, maintenance or repair of a
Vehicle;
"Waste" means any debris, rubbish, Refuse, Sewage, effluent, discard, or garbage
which for greater certainty includes broken or dismantled things, and materials or
things exposed to the elements, deteriorating or decaying on a Property due to
exposure or the weather, unless it's use is permitted under the zoning by-law or is
necessary for the operation of a business enterprise lawfully situated on the
Property and includes but is not limited to the following classes of materials
regardless of the nature or condition of the material, article or thing:
(a) broken or torn bits of twigs, splinters or rags, tree cuttings or cut limbs
and brush from any shrub or tree, scrap lumber, except only cut and
stacked firewood for use in a fireplace on the Property;
(b) paper, paper cartons, and other paper products;
(c) rotting vegetable matter, or rotting animal matter, unless it is contained
in an appropriate composting container;
(d) disconnected appliances, including refrigerators, stoves, dishwashers,
microwaves, freezers, washers, dryers or any part or parts of such
things;
(e) electronic devices, including televisions, computers and related
components, radios, amplifying devices, speakers, audio and visual
players and any parts of such things;
(f) furnaces or furnace parts, air-conditioners, ducting, pipes, heat pumps,
fittings, pipes and wire;
(g) water or fuel tanks;
(h) Inoperative Vehicles or machinery and parts or accessories of such
items;
(i) inoperative bicycles, lawnmowers, engines, and mechanical tools;
(j) accumulations, deposits, leavings or sweepings of litter, remains,
rubbish, or trash or any sort, whether animal, mineral or vegetable;
(k) dilapidated furniture and/or Indoor Furniture;
(l) crockery, dishes, pots and pans, and small kitchen appliances;
(m) Sewage;
(n) animal feces, hides, parts of carcasses other than those arising from
industrial or agricultural businesses legally operated on the land;
(o) construction, demolition, repair or renovation debris or leftover from
such work;
(p) accumulation of broken concrete, asphalt pavement, brick pavers and
side walk slabs; and
(q) miscellaneous plastic, wood or metal parts, or combinations of such
materials
Waste as defined in this by-law does not cease to become Waste by reason only
that it may be commercially saleable or recyclable.
"Watercourse" means an identifiable depression in the ground in which a natural
flow of water occasionally, regularly or continuously flows;
"Yard" means 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).
1.2. INTERPRETATION
(1)
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.
(2)
This by-law shall be read with all changes of gender and number required
by the context or circumstances.
1.3. EXEMPTION
(1)
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.
(2)
This by-law does not apply so as to prevent a farm, meeting the definition of
"Agricultural Operation" under the City's Zoning By-law, as amended.
2.
APPLICABLE PROVISIONS
2.1. MAINTENANCE OF PROPERTY AND DRAINS
(1)
Every Person shall keep the vegetation on the Property clean and cleared-
up.
(2)
For the purpose of sentence 2.1.(2), "clean" or "cleared-up" shall mean:
(a) the removal of Noxious Weeds from all Turf Grass areas and Perimeter
Strips;
(b) except as permitted by clause 2.1.(2)(c), the cutting of all Turf Grass
and/or weeds so that its height is maintained below 200 mm in height;
(c) the cutting of vegetation other than trees or shrubbery within a
Perimeter Strip so that its height is maintained below 200 mm
(3)
For the purpose of clause 2.1.(2)(a), Noxious Weeds shall be destroyed by
the following means:
(a) pulling or otherwise removing the plants from the soil;
(b) cutting the roots or stalks of the plants before the seeds have
developed sufficiently to ripen after cutting;
(c) turning the soil in which the plants were growing so as to bury or kill the
weeds; or
(d) treating it with an herbicide that causes the plants to be destroyed, or
which prevents the growth of plants or the ripening of their seeds.
(4)
No Person shall obstruct, or cause or permit the obstruction of a
Watercourse on the land;
(5)
Sentence 2.1.(1), does not apply to crops being grown by an Agricultural
Operation.
2.2. STANDING WATER
(1)
Every Person shall keep the land free of Standing Water.
(2)
Every Person shall keep the land free of containers or debris capable of
holding Standing Water in such a manner as to be exposed to the breeding
of and/or larvae growth of insects.
(3)
Every Person shall ensure that any artificial body of water is maintained in
proper operating condition, and in good repair.
2.3. LITTER
(1)
No Person shall cause, permit, throw, place or deposit Refuse and/or debris
on private land without the written authority of the Owner or Occupant of the
land.
(2)
No Person shall throw, place or deposit Refuse and/or debris on owned or
occupied land by the City or a local board of the City without the written
authority of the City or the local board where such land is occupied by a
Person other than the Owner without the written authority of the Occupant.
(3)
A Person does not breach sentences 2.3.(1) and 2.3.(2) by placing garbage
out for collection on their Property in accordance with municipal by-laws and
collection schedules, but no Person shall leave out garbage contrary to such
by-laws or schedules.
(4)
An Owner or Occupant of land shall 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 the giving of notice for an event that has already
occurred, or where the message contained is not readable due to damage
or deterioration to 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.
(5)
Pursuant to the Municipal Act, S.O. 2001, c.25 as amended, the cost of
removal of posters by the City is collectable against the Owner of the
advertising device under the terms of the Municipal Act, notwithstanding the
content of this by-law.
2.4. GARBAGE AND WASTE DISPOSAL
(1)
Every Owner and/or Occupant of land shall keep the Property free and clear
of Waste, or any other thing in their possession that may constitute a health,
fire or safety hazard.
(2)
No Person shall use any land or structure within the City for dumping or
disposing of Waste or, or any other thing in their possession that may
constitute a health, fire or safety hazard.
(3)
The Owner or Occupant of land used contrary to or on which there is a
contravention of sentences 2.4.(1) and 2.4.(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 prohibited purposes.
(4)
Sentences 2.4.(1) and 2.4.(2) do not apply to:
(a)
land or structures used by the City or any regional, provincial or
federal body for the purpose of dumping or disposing of Waste;
or
(b)
land or structures designated by by-law for the City for the
purpose of dumping or disposing of Waste.
(5)
No Person, other than the City or its agents, without the prior authorization
of the City and except in accordance with such authorization, shall dump or
dispose of garbage, Refuse or Waste or any kind on lands mentioned in
sentence 2.4.(4).
(6)
Notwithstanding the provisions of this subsection, used lumber, used
building materials, inoperative motor Vehicles, Inoperative Vehicles,
machinery, trailers or boats, or Vehicle Parts may be stored on a Property
used for an Agricultural Operation provided that:
(a) such material is screened from view from any residential parcel or
public highway within 150 m (492 ft.); and
(b) the material used is required for use as replacement parts, Vehicles or
materials as part of the Agricultural Operation.
2.5. MOTOR VEHICLE SALVAGE
(1)
No Owner or Occupant of land shall use any land or structure in the City for
storing used or Inoperative Vehicles or Vehicle Parts for the purpose of
wrecking or dismantling them or salvaging Vehicle Parts thereof for sale or
other disposal including the purposes of repairing other Vehicles.
(2)
Sentence 2.5.(1) does not apply if the City of Thorold Zoning by-law, as
amended, permits the land to be used for such purposes and the Owner or
Occupant of the land holds a current and valid licence for the land issued by
the City or the body holding jurisdiction, permitting motor Vehicle salvage.
2.6. EXEMPTIONS
(1)
Despite sentence 2.5.(1) of this by-law, this by-law does not apply to an
inoperative Vehicle for which a:
(a) special interest Vehicle permit; or
(b) work in progress permit
has been issued by the City, provided such permit remains in good standing.
(2)
An application for a permit referred to in 2(1) shall be on form(s) prescribed
by the city of Thorold and shall include such documents as determined by
the City of Thorold.
(3)
Permits referred to in 2(1) shall be subject to a fee as provided in Schedule
"A."
2.6 (2) Amended
by By-Law 52-2021
2.6 (3) Amended
by By-Law 52-2021
(4)
Permits referred to in 2(1) shall be valid for a time period as provided in
Schedule "A."
3.
ADMINSTRATION AND ENFORCEMENT
3.1. ENFORCEMENT
(1)
Each Person who contravenes a provision of this By-law:
(a) may be given a Penalty Notice in accordance with the City of Thorold's
Administrative Penalty By-law and be liable to pay to the City an
Administrative Penalty in the amount specified by the Administrative
Penalty By-law, for each day or part of a day on which the contravention
continues; or
(b) upon conviction be liable to fines as provided for in the Provincial
Offences Act, R.S.O. 1990, c. P.33, as amended.
(2)
The Chief Building Official or an Officer may inspect the land or structures,
for the purpose of determining whether:
(a) the Owner or Occupant has complied with any Order sent by the Chief
Building Official or an Officer; or
(b) there is compliance or non-compliance with any other provision of this
by-law.
(3)
Every Owner or Occupant shall permit the Chief Building Official or an
Officer employed, upon production of identification and for the purpose of
the inspection by the City, to inspect the land or structure for the purpose of
sentence 3.1.(1).
(4)
No Person shall hinder or obstruct an Officer, appointed under this by-law
or employed to enforce this by-law, from carrying out an inspection of
lands, nor shall any Person obstruct any employee or agent authorized to
carry out work for the City specified in an Order issued hereunder.
(5)
Notwithstanding sentence 3.1.(1), the Chief Building Official or an Officer
may make an Order indicating;
(a) to clean and clear-up the Property and to bring the Property into
compliance with this by-law;
(b) the time for complying with the notice;
(c) the required action for compliance; and
(d) if required action is not carried out within the time prescribed in the
Order, the City may carry out the required remedial action at the
Owner's expense.
2.6 (4) Amended
by By-Law 52-2021
(6)
Orders referenced in sentence 3.1.(5) shall be sent by registered mail to the
Last Known Address or personally delivered to the Person to which the
Order is issued.
(7)
Service of an Order by registered mail is deemed to be effective on the fifth
(5th) day following the date of mailing.
(8)
Notwithstanding sentence 3.1.(6), an Officer may also post an Order on the
Property in a conspicuous location.
(9)
Where the Owner or Occupant fails to comply with an Order issued under
this by-law within the time specified for compliance, the Chief Building
Official or an Officer, with such assistance by others as may be required and
upon reasonable notice, may bring a Property into compliance with any
section of this by-law.
(10) For the purposes of sentence 3.1.(9), "reasonable notice" shall be 8 calendar
days.
(11) Where any materials or things are removed in the process of bringing a
Property into compliance, the materials or things may be immediately
disposed of by the Chief Building Official, an Officer or a Person working
under the direction of the Chief Building Official or an Officer.
(12) Upon completion of the work, repairs or demolition by or on behalf of the
City, the City shall have a lien on the land for the amount spent on the work,
repair or demolition, and the amount shall be deemed to be municipal real
Property taxes and may be added by the Clerk of the municipality to the tax
roll and collected in the same manner and with the same priority as municipal
real Property taxes as provided for by statute.
3.2. VALIDITY
(1)
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 accordance with
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.
(2)
Where a provision of this by-law conflicts with the provision of another by-
law, Act, or Regulation in force within the City of Thorold, the provisions that
establish the higher standards to protect the health and safety of Persons
shall prevail.
3.3. TRANSITION RULES
(1)
After the date of the passing of this by-law, those by-laws identified under
subsection 4.1 shall apply only to those properties in which an Order has
been issued prior to the date of passing of this by-law, and then only to such
properties until such time as the work required by such Order has been
completed or any enforcement proceedings with respect to such Order,
3.1(6) Amended
by By-Law 52-2021
3.1(8) Amended
by By-Law 52-2021
3.1(10) Amended
by By-Law 52-2021
including any demolition, clearance, or repair carried out by the City shall
have been concluded.
(2)
In the recovery or enforcement of penalties and forfeitures incurred, or in any
other proceeding in relation to matters in respect of a clean yards by-law of
any former area municipality, including the predecessor to by-laws
mentioned in subsection 4.1, the process may be continued and carried out
under this by-law.
4.
REPEAL AND ENACTMENT
4.1. BY-LAWS TO BE REPEALED
(1)
By-Law 121-2007 of the Corporation of the City of Thorold and any
amendments made thereto are hereby repealed.
4.2. DATE OF ENACTMENT
(1)
This by-law shall come into force and effect on the day after it has passed.
Read a first, second and third time and finally passed by Council this 17th day of December,
2019.
______________________________
Terry Ugulini, Mayor
______________________________
Donna Delvecchio, City Clerk
Schedule "A"
Permit Type
Fee
Validity Timeframe
Special Interest Vehicle Permit
$50.00
Valid for life of vehicle at the same property
Work In Progress Permit
$50.00
Valid for 180 days from issuance
Schedule "A"
Amended by
By-Law 52-2021