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CORPORATION OF THE TOWNSHIP
OF VAL RITA-HARTY
By-law 1120-22
BEING A BY-LAW TO REGULATE AND GOVERN THE COLLECTION OF WASTE IN THE TOWNSHIP
OF VAL RITA-HARTY
WHEREAS section 8 (1) of the Municipal Act 2001, S.O. 2001, c.25, as amended, confers broad
authority to enable the municipality to govern its affairs as it considers appropriate and to
enhance the municipality's ability to respond to municipal issues;
AND WHEREAS section 11 (1) of the Municipal Act 2001, S.O. 2001, c.25, as amended, states
that a municipality may provide any service or thing that the municipality considers necessary
or desirable for the public;
AND WHEREAS section 11 (3) of the Municipal Act 2001, S.O. 2011, c.25, as amended, states
that a municipality may pass a by-law in respect to matters concerning waste management;
NOW THEREFORE be it resolved that the Corporation of the Township of Val Rita-Harty enacts
as follows:
1. Definitions
a.
"Bins" means waste containers obtained through the municipality which contains a
serial number assigned to a specific property.
b.
"CAO" means the Chief Administration Officer for the Corporation of the Township of
Val Rita-Harty.
c.
"Condemned" means a bin which is not suitable for garbage collection due to damage
or its condition.
d.
"Dwelling" means a building used for human habitation.
e.
"Garbage" means any waste which cannot be recycled and is not considered to be
special waste.
f.
"Garbage bag" means a solid manufactured bag made of plastic which is durable and
can withstand normal handling and lifting, is free of rips and tears and can be securely
tied at the top.
g.
"Municipality" means the Corporation of the Township of Val Rita-Harty.
h.
"Municipal Law-Enforcement Officer" means a person appointed and/or responsible
for the enforcement of provisions of this by-law and may include his/her designate.
i.
"Officer" means Officers from the Ontario Provincial Police.
CORPORATION OF THE TOWNSHIP
OF VAL RITA-HARTY
By-law 1120-22
j.
"Owner" means any registered owner of a property, including leased properties,
including the owner's agent or property manager, or any other person having charge
or control over the property, and shall include any occupants of the property in any
portion thereof.
k.
"Person" means any individual, partnership or corporations.
l.
"Property" means any store, dwelling, offices, factory, warehouses, or any other
building together with its land and other buildings.
m.
"Roadside" means the section between the edge of the property lot line that goes
alongside the road, concession, or highway and the travelled portion of said road.
n.
"Special waste" means all waste defined under Ontario Regulation 542/06,
MUNICIPAL HAZARDOUS OR SPECIAL WASTE.
o.
"Waste" means materials that are unwanted or unusable or of no value to someone
which is discarded.
2. Garbage collection service established
a.
The Township of Val Rita-Harty as entered into a third-party service agreement to
provide the collection of waste within its municipal boundaries in accordance with the
terms and condition of this by-law.
3. Administration
a.
The CAO or Working Foreman, or any other official of the municipality appointed by
the municipal council, shall be responsible for the administration of this by-law and
shall have all necessary authority to administer this by-law.
b.
Without limiting subsection (a), the CAO shall have the authority to :
i.
Designate collection days for roadside collection of waste;
ii.
Designate additional collection days for roadside collection of waste, if deemed
necessary;
iii.
Suspend the collection of waste service to properties for which the owner and/or
occupier is in contravention of the by-law.
c.
Without limiting subsection (a), the Working Foreman shall have the authority to :
i.
Ensure the proper delivery of waste collection services according to this by-law;
ii.
ensure the proper removal of waste from the roadside;
iii.
Report any bins that are not kept in good repair;
iv.
Report any contravention to this by-law;
4. Collection days
CORPORATION OF THE TOWNSHIP
OF VAL RITA-HARTY
By-law 1120-22
a.
Only waste generated within the municipal boundaries shall be collected. Waste
collection is a service offered by the municipality for its residents and constitutes the
collection of waste from approved bins.
b.
A collection schedule indicating collection days shall be prepared annually and made
available to the public.
c.
If a collection day falls on a public holiday, the collection day shall fall on the next
regular business day where the garbage truck is available. The public shall be notified
of such instances at least 48 hours in advance.
d.
In the event of a breakdown or malfunction of the garbage truck, the Township shall
make every effort to keep the residents informed of the situation as soon as the break
in service occurs through our social media. The public will be informed as soon as
possible if the collection day falls on the next regular business day when the garbage
truck is available through our social media.
5. Collection time
a.
No property owner shall set out their garbage bins for roadside collection earlier than
the day before the designated collection day and not later than 7 a.m. on the
designated collection day.
b.
Every property owner who set out their garbage bins in accordance with subsection
(a), which as been emptied on the collection day, shall remove all garbage bins,
together with any waste that was not collected for any reason, any spillage and/or
excess waste from their garbage bins, from the roadside as soon as possible after the
collection, but not later than one day following the designated collection day.
6. Roadside collection location and requirements
a.
Every property owner shall set out their garbage bins by placing it at the roadside and
facing the road, within the extension of the property lines of the roadside premises as
close as possible to the travelled portion of the road without obstructing or interfering
with the travelled portion of the road.
b.
If more than one bin is owned by the property owner, they shall be at least 3 feet
apart.
c.
The garbage bins set out must be at least 3 feet away from any obstruction.
d.
No property owner shall set out their garbage bins on the roadside :
i.
In front of another owner's property without permission of said owner;
ii.
That is not clearly visible or directly accessible;
iii.
On top of a snow drift or other pile of snow created by snowplows or other snow
clearing operations;
CORPORATION OF THE TOWNSHIP
OF VAL RITA-HARTY
By-law 1120-22
iv.
In which waste cannot be freely discharged from the garbage bin when tipped
because it is frozen or stuck to the garbage bin.
v.
That is not an approved garbage bin as provided and required by the by-law;
vi.
That is not maintained in a safe and efficient condition for normal collection activities
and use;
vii.
That is not intact, as required, to prevent leaking, spillage or breakage during
collection;
viii.
That is not sealed, as required, to prevent the attraction of animals;
ix.
That emits strong, foul, and offensive odours;
x.
That is not free of excess water, ice and snow or other substances which may interfere
with collection;
xi.
That contains waste that falls out of or protrudes from the garbage bin
xii.
That contains special waste.
e.
Notwithstanding subsections (a),(b),(c) and (d) of this section, the CAO may designate
an alternative location for roadside collection as a result of construction, road
closures, or other route requirements and this section shall apply with necessary
modification.
7. Collection bin rules and responsibilities
a.
Each occupied property within the municipality shall be sold one garbage bin. Any
additional bins shall be obtained at the cost of the owner through the municipality.
b.
All garbage bins have a serial number which shall be assigned to a specific property.
Only waste contained in bins having a serial number assigned by the municipality shall
be collected.
c.
Waste included in the garbage bins shall be placed loosely and in such a way as to
promote easy emptying.
d.
Owners shall ensure that their garbage bins lids are properly closed to avoid the
unnecessary spillage of waste on their property or surrounding properties and shall
ensure that their waste is contained in their garbage bins at all times.
e.
Owners shall maintain in proper order and repair the approved garbage bins. The
garbage bins may be inspected at any time and may be condemned by an officer of
the municipality. Condemned bins shall be replaced at the expense of the owner with
approved municipal bins. Bins that have been condemned shall not be emptied by the
municipality.
f.
The municipality shall not be responsible for the replacement or repair of any garbage
bins, containers, or lids damaged or lost or for any other reason whatsoever.
CORPORATION OF THE TOWNSHIP
OF VAL RITA-HARTY
By-law 1120-22
g.
All replacement bins are to be purchased through the municipality.
8. Suspension
a.
If the owner fails to comply with the requirements as set out in this by-law, the
municipality, at the discretion of the CAO and upon written notice to the owner, may
suspend the garbage collection services until such time that the owner is in
compliance with this by-law.
b.
Any notice to an owner for the purposes of subsection (1) of this section shall be
provided by regular mail or by personal service.
9. Landlords
a.
The owner of every apartment, apartment building and rental property are
responsible for their property and shall ensure that their tenants comply with the
requirements and rules of this by-law.
10. Spring clean-up
a.
The municipality may, at its own discretion, declare a spring clean-up as it deems
necessary to pick up some oversized items. The proper notice and rules of this clean-
up shall be given to the residents through the mail and will be posted on the social
media pages of the municipality.
11. Special waste and oversized items
a.
Items identified as special waste according to the Ontario Regulation 542/06,
MUNICIPAL HAZARDOUS OR SPECIAL WASTE, shall be the sole responsibility of the
owner to dispose of in an appropriate manner at the owner's expense and in
compliance wit the federal, provincial, and municipal laws.
b.
It is the responsibility of the owner to dispose of oversized items in an appropriate
manner and in accordance with federal, provincial and municipal legislation.
12. Regulation
a.
No person shall throw, or deposit, or cause to be thrown or deposited any garbage,
refuse, trade waste, uncollectible waste, demolished buildings or any kind of waste on
any private or public property within the municipality without authority from the
owner.
b.
No person, except a municipal law enforcement officer, a police officer, or a municipal
employee, shall disturb, remove, or scatter any waste from the garbage bins after it
has been placed for collection on the roadside.
CORPORATION OF THE TOWNSHIP
OF VAL RITA-HARTY
By-law 1120-22
13. Enforcement
a.
This by-law may be enforced by the CAO, a municipal law enforcement officer, a police
officer or any other officers appointed by the municipality to enforce this by-law.
b.
A Municipal Law Enforcement Officer may enter upon, at a reasonable time, any
property in order to ascertain whether the regulations and provisions of the by-law
are being, or have been, complied with. No person shall obstruct, interfere with, or
hinder in any way, a Municipal Law Enforcement Officer exercising his or her authority
to enter private property.
c.
The municipality reserves the right to not remove waste that does not comply with
the requirements of this by-law. The owner shall be responsible for the proper
disposal of such waste.
d.
If the CAO or a municipal law enforcement officer is satisfied that a contravention of
this by-law has occurred, the CAO or municipal law enforcement officer may make an
order requiring the person who contravened this by-law or who caused or permitted
the contravention to discontinue and remediate the contravening activity.
e.
No owner shall fail to comply with an order issued under section 13(d).
f.
An order under subsection (d) of this section shall set out:
i.
Reasonable particulars of the contravention adequate to identify the contravention
and the location of the premises on which the contravention occurred;
ii.
The date by which there must be compliance with the order.
14. Offences and penalties
a.
Every person who contravenes this by-law, including an order issued under this by-
law, is guilty of an offence.
b.
Every person who is convicted of an offence under this by-law is liable to a fine as
provided in the Provincial Offence Act, R.S.O. 1990, Chapter p.33, as amended.
c.
Where an offence against any provision of the by-law is of continuing nature, a
separate offence shall be deemed to have occurred on each day that the offence
occurs or continues.
d.
Any costs and/or fines resulting from any persons refusing to comply with this by-law
shall be paid within 30 days. Any unpaid fines shall be recovered in the same manner
as municipal taxes.
e.
No action or other proceeding for damages shall be instituted against any municipal
employees or municipal contracted employees for any act done in good faith, in
execution of any power or duty under this by-law.
CORPORATION OF THE TOWNSHIP
OF VAL RITA-HARTY
By-law 1120-22
15. Remedial action
a.
Where any person who contravenes this by-law or an order made pursuant to section
13(d) of this by-law, the municipality may take remedial actions at the sole cost of the
person contravening this by-law or an order made pursuant to section 13(d) of this by-
law to ensure that this by-law is complied with. The municipality may recover the
costs of such remedial work by invoicing the property owner and may be added to the
property taxes for collection.
16. Severability
a.
If any provision of this by-law is declared invalid for any reason by a court of
competent jurisdiction, only that invalid portion of the by-law shall be severed, and
the remainder of the by-law shall continue in force.
17. Schedules
a.
The following schedule attached hereto are hereby made part of this by-law:
i.
Schedule "A" : Short Form Wording
18. Short title
a.
This by-law may be referred to or cited as the "Garbage collection by-law".
19. Effective date
a.
This by-law comes into force on the day on which it is adopted.
CORPORATION OF THE TOWNSHIP
OF VAL RITA-HARTY
By-law 1120-22
READ A FIRST TIME ON THIS 19TH DAY OF APRIL 2022
_________________________
__________________________
Alain Tremblay- Deputy Mayor
Eric Bizier - Clerk
READ A SECOND TIME ON THIS 19TH DAY OF APRIL 2022
_________________________
___________________________
Alain Tremblay- Deputy Mayor
Eric Bizier - Clerk
READ A THIRD TIME AND ADOPTED ON THIS 19TH DAY OF APRIL 2022
_________________________
___________________________
Alain Tremblay- Deputy Mayor
Eric Bizier - Clerk
I hereby CERTIFY that the above is a true copy of By-Law 1120-22 as enacted and adopted by the
Council of the Corporation of the Township of Val Rita-Harty on the 19th day of April 2022.
Dated in Val Rita this 20th day of June 2022.
Eric Bizier
Clerk
CORPORATION OF THE TOWNSHIP
OF VAL RITA-HARTY
By-law 1120-22
Schedule "A"
To by-law 1120-22
Short Form Wording
ITEM
SHORT WORD FORMING
PROVISIONS
CREATING OR
DEFINING OFFENCE
SET FINE
1
Owner placed garbage bin earlier than one (1) day
before collection
5(a)
$75.00
2
Owner failed to remove garbage bin or waste not
collected one (1) day after collection
5(b)
$75.00
3
Owner placed garbage bin on roadside obstructing or
interfering with traveled portion of the road
6(a)
$75.00
4
Owner set garbage bin on roadside in front of another
property without permission
6(d)(i)
$75.00
5
Owner set garbage bin on roadside - not an approved
garbage bin
6(d)(v)
$75.00
6
Owner set garbage bin on roadside with waste that
falls out or protrudes out.
6(d)(xi)
$75.00
7
Failure to contain garbage
7(d)
$75.00
8
Fail to maintain garbage bin in proper order and
repair
7(e)
$75.00
9
Illegal dumping
12(a)
$150.00
10
Scavenging, disturbing, removing, scattering of
garbage
12(b)
$75.00
11
Obstruct, interfere, or hinder an officer
13(b)
$250.00
12
Failure to comply with an order
13(e)
$150.00