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CONSOLIDATED VERSION
This consolidation is prepared for convenience only; for
accurate reference see by-laws as adopted by Council.
BY-LAW NUMBER 2010-103
OF
THE CORPORATION OF THE TOWNSHIP OF UXBRIDGE BEING
A BY-LAW TO PROHIBIT THE DEPOSITING OF REFUSE
OR DEBRIS ON LANDS WITHIN THE TOWNSHIP WITHOUT
THE CONSENT OF THE PROPERTY OWNER OR OCCUPANT
OF THE LAND.
WHEREAS, Section 11 of the Municipal Act, 2001, S.O 2001, c.25, as amended,
provides that a municipality may pass a by-law with respect to the health, safety and
well being of persons;
AND WHEREAS the Council of the Corporation of the Township of Uxbridge deems it
advisable to pass a by-law to prohibit the depositing of refuse or debris within the
Township of Uxbridge;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
UXBRIDGE HEREBY ENACTS A BY-LAW-AS FOLLOWS:
.
Section 1-Definitions
1.1 In this by-law:
(a) "Animal" shall mean any member of the animal kingdom excluding humans, and
without limiting the generality of the foregoing, Animal shall include: livestock,
dogs, cats, birds and reptiles.
(b)
"Council" means the Council of the Corporation of the Township of Uxbridge;
(c)
"Dog" shall mean a dog of any breed that is not less than twelve (12) weeks old
(d) "Domestic Waste" means any article, thing, matter or effluent that is or appears
to be waste material and shall include, but is not limited to,:
(i)
ashes and dirt
(ii)
crockery and glass
(iii)
furnaces, water tanks, fuel tanks and includes their component
parts
(iv)
furniture
(v)
paper and cardboard materials
(vi)
refrigerators, freezers or other appliances;
(e)
"Donation Box" shall mean a container used for the purpose of
the collection of used goods and/or clothing.
(f)
"Highway" means a common and public highway as defined in the Highway
Traffic Act;
(g) "Land" means any and all lands within the Township, both private and public, and
includes highways, road allowances, bridges, culverts, ditches, curbs and
gutters, and parks;
(h)
"Manufacturer's/lndustrial Waste" shall include, but is not limited to,:
(i)
mineral, metal or chemical products
(ii)
material resulting from the construction, alteration, repair, demolition or
removal of any building or structure, and wood or wood by-products,
concrete, asphalt, asphalt shingles, rubble, drywall and compounds
(iii)
mud, &and, soil, aggregate and inert fill
(iv)
wire, piping, tubing, cable and conduit and their component parts;
(i) "Municipal Law Enforcement Officer" means a Municipal Law Enforcement
Officer appointed to enforce the by-laws of the Corporation of the Township of
Uxbridge;
(j)
"Person" means an individual, business or corporate entity;
(k)
"Police Officer" means a Police Constable of the Regional Municipality of
Durham, the Royal Canadian Mounted Police or the Ontario Provincial Police;
(l)
"Refuse" or "Debris" shall include, butis not limited to:
i)
animal waste and excrement
ii)
carcass, hides, bones or feathers of any animal or bird
iii)
celluloid cuttings, moving picture film, combustible material
iv)
material or thing soaked in oil or gasoline
v)
domestic waste
vi)
grass cuttings, leaves and vegetation
vii)
hay, straw and manure
viii)
manufacturer's/industrial waste
ix)
sawdust and shavings
x)
sewage and paper sludge
xi)
snow and ice
xii)
swill or organic materiaf.
xiii)
tree branches or roots
xiv) wrecked, dismantled, discarded, inoperative or abandoned
machinery, vehicles, trailers, boats and their component parts, and
includes vehicles that appear by reason of their appearance,
mechanical condition or lack of current licence plates to be
inoperable, and tires;
(m)
"Township" means the Corporation of the Township of Uxbridge.
Section 2- General Prohibitions
2.1
No Person shall, knowingly or unknowingly, throw, place or deposit, or cause or
permit or allow to be thrown, placed or deposited, any Refuse or Debris on any
Land Wi hin the limits of the Township, without the written consent of the owner or
occupant of the Land.
2.2
Every owner of an Animal shall immediately remove excrement left by the Animal
on municipal property or property not owned by the owner of the Animal and
dispose of it in a hygienic manner.
2.3
No Person shall, knowingly or unknowingly, throw, place or deposit, or cause or
permit or allow to be thrown, placed or deposited, any Refuse or Debris on any
Highway or bridge within the Township.
2.4
No Person shall, knowingly or unknowingly, obstruct any ditch or culvert or cause
or permit or allow a ditch or culvert to be obstructed by throwing, placing or
depositing any Refuse or Debris into any ditch or culvert on a Highway within the
Township.
2.5
No Person shall, knowingly or unknowingly, obstruct, encumber, injure or foul, or
cause or permit or allow any person to obstruct, encumber, injure or foul, a
Highway or bridge within the Township.
2.6
During the course of the construction, erection, alteration, repair or demolition of
any building, structure or thing, no person shall track or spill, or cause,
permit or
allow to be tracked or spilled, any Refuse or Debris onto any Land
or a Highway.
2.7
In addition to any penalty otherwise provided by law, the owner or occupant of
such Lands upon which the Refuse or Debris is being brought from or taken to
shall be responsible to the Township for the cost of removing such Refuse or
Debris from the Highway and the Land and for the cost of the repair of any
damages to any Highway or Land, and such costs may be added to the tax roll
and collected in a like manner as municipal taxes.
2.8
No person shall place or cause or permit or allow to be placed, any Domestic
Waste or other material meant for normal municipal waste pick-up, at the
roadside or other designated area for pick-up prior to seven o'clock in the
evening on the preceding day of the normal waste pick-up day.
2.9
All containers and receptacles used for such waste shall be removed from the
roadside or designated place as soon as practicable and notwithstanding the
foregoing, containers and receptacles shall be removed no later than eight
o'clock in the morning on the day following the normal waste pick-up day.
2.10 No person shall place or cause to be placed any donation box on any property
without the written consent of the owner of the Land.
2.11
No person shall place or cause to be placed any donation box on any highway, park
or property owned by the Township.
2.12
For the purposes of Section 2.13 of this By-law Owner shall mean:
i
the owner of the donation box; or
ii
the owner of the Land on which a donation box is placed.
2.13
Every owner shall maintain the exterior of any donation box, inclusive
of a five (5) metre radius around said donation box, in a condition free
of refuse or debris.
Section 3- Enforcement
3.1
This by-law shall be enforced by a Municipal Law Enforcement Officer or a Police
Officer.
Section 4- Penalties
4.1
Every Person who contravenes any of the provisions of this by-law is guilty of an
offence and upon conviction is liable to a fine or penalty for each offence,
exclusive of costs, as prescribed by the Provincial Offences Act, R.S.O. 1990,
c.P.33, as amended.
Section 5- Short Title
5.1
This by-law may be referred to as the "Refuse By-law".
Section 6- Repeal of By-laws
6.1
By-law' 8-42 and 89-48 are hereby repealed in their entirety.
Section 7- Severability
7.1
If a court of competent jurisdiction should declare any section or part of a section
of this by-law to be invalid, such section or part of a section shall not be
construed as having persuaded or influenced Council to pass the remainder of
this by-law and it is hereby declared that the remainder of this by-law shall be
valid and shall remain in force.
Section 8- Date Effective
8.1
This by-law shall come into force as of the date of its passing.