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THE CORPORATION OF THE TOWNSHIP OF TUDOR AND CASHEL
BY-LAW NO. 2015-26
Being a By-law of The Corporation of the Township of Tudor and Cashel to prohibit or regulate
the littering of garbage, refuse or debris on private or municipal property.
WHEREAS Section 127 of the Municipal Act, 2001 permits a municipality to pass a by-law 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" for the purpose of this by-law;
AND WHEREAS Section 425 (1) of the Municipal Act, 2001 permits a municipality to pass by-
laws providing that a person who contravenes a by-law of the municipality passed under this
Act is guilty of an offence.
AND WHEREAS The Corporation of the Township of Tudor and Cashel deems it necessary and
expedient to enact a by-law prohibiting or regulating the littering of refuse or debris;
NOW THEREFORE BE IT RESOLVED, THAT the Council of The Corporation of the Township of
Tudor and Cashel enacts as follows:
1.
Definitions
For the purpose of this by-law:
1.1
"Person" means any human being, association, partnership, private club, incorporated
company, corporation, agent or trustee and their heirs, executors or other legal
representatives to whom the context can apply according to law.
1.2
"Local Board" means any school board, public utility, commission, library board, or any
other board, commission, committee or local authority under any general or specific
legislation.
1.3
"Owner" means the registered owner, occupant, tenant or person in charge or
managing a property whether on his or her own account or on account of an agent or
trustee or any other person, or any one of the aforesaid.
1.4
"Private property" means property which is privately owned and is not property of the
Township of Tudor and Cashel.
1.5
"Property" means any lands, tenements and hereditaments and any estate or interest
therein and any right or easement affecting the land.
1.6
"Refuse" means all manner of objects or waste materials discarded by any person or
that is no longer in use, neglected or reasonably intended to be used by any person
having ownership or control over such objects or waste materials and without limiting
the generality of the foregoing may include discarded types of vegetable and animal
matter subject to decay, household, commercial or industrial waste, common package
wrappings, glass, crockery, metal, rags, furniture, appliances, building materials, lumber,
clothing, magazines, newspapers, fliers, grass cuttings, tree trimmings, leaves, discarded
materials and other similar articles, and garbage and debris shall have a similar meaning.
1.7
"Newspapers" means those newspapers which are published regularly and which deal
with matters of interest to the residents of the Town and whose primary function is the
reporting of news.
By-law No. 2015-26
Page 2
2.
General Regulations
2.1
No person shall throw, place or deposit, or permit to be thrown, placed or deposited by
any means any refuse on private property.
2.2
No person shall throw, place or deposit, or permit to be thrown, placed or deposited by
any means, any refuse or debris on property of the Township of Tudor and Cashel.
2.3
No person shall throw, place or deposit, or permit to be thrown, placed or deposited by
any means, any refuse or debris on property of any local Board of the Township of
Tudor and Cashel.
2.4
The posting of a sign on the property indicating "no littering", "no dumping", or any
similar wording is deemed to provide sufficient proof for the purpose of this by-law of
the lack of written consent on the part of the owner, local board or the Township of
Tudor and Cashel.
2.5
This by-law shall be enforced by a Police Officer or Municipal By-law Enforcement
Officer appointed by the Township of Tudor and Cashel for the purposes of enforcing
the Municipalities by-laws.
2.6
Every person who contravenes any of the provisions of this by-law is guilty of an
offence, and liable, on a first conviction, to a fine as provided for in the Municipal Act
2001.
2.7
Any person who contravenes any provision of this by-law is guilty of an offence and
subject to a penalty as specified in Schedule A attached hereto.
3.
Enforcement and Administration
This by-law shall be enforced and administered by:
3.1
Township of Tudor and Cashel Municipal By-law Enforcement, and
3.2
The OPP from the Bancroft or Madoc Detachment.
4.
Penalties
Any person found to be in contravention of any of the provisions of this by-law is guilty of an
offence and upon conviction thereof, is liable to a fine of not more than two thousand dollars
($2,000) for each offence and every such penalty shall be recoverable under the Provincial
Offences Act, as amended.
5.
Voluntary Payment
Notwithstanding the provisions of Section 4 of this by-law, any person may make
voluntary payment, upon presentation of an Infraction Notice:
5.1
issued by an officer or constable
By-law No. 2015-26
Page 3
5.2
indicating the commission of an offence as set out in Sections 2.1, 2.2 & 2.3 of this by-
law, and
5.3
remit the appropriate fine as set out in Schedule A as finally approved by the Attorney
General.
PASSED THIS ____ DAY OF ______________, 2015
_____________________________
REEVE: WANDA DONALDSON
SEAL
_____________________________
CLERK: BERNICE CROCKER
Schedule A
Refuse Set Fine Schedule
Ref.
Number
Offence
By-law
Section
Fine
First
Conviction
If Paid
within
7 Days
Fine
Subsequent
Conviction
If Paid
within
7 Days
11.4
Prohibited to throw, place or
deposit, or permit to be thrown,
placed or deposited by any
means any refuse on private
property without the written
consent the owner or occupant
of the property
2.1
$500
$250
$2,000
$1,000
11.5
Prohibited to throw, place or
deposit, or permit to be thrown,
placed or deposited by any
means, any refuse or debris on
property of the Township of
Tudor and Cashel without
written consent of the Township
of Tudor and Cashel
2.2
$500
$250
$2,000
$1,000
11.6
Prohibited to throw, place or
deposit, or permit to be thrown,
placed or deposited by any
means, any refuse or debris on
property of any local Board of
the Township of Tudor and
Cashel without written consent
to do so from the local Board.
2.3
$500
$250
$2,000
$1,000