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Township of West Lincoln
Page 1
THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN
BY-LAW NO. 2019-38
(CONSOLIDATED as amended by By-law 2021-90 and 2024-72)
BEING A BY-LAW RESPECTING LITTER, YARD
WASTE
AND
THE
MAINTENANCE
OF
PROPERTY WITHIN THE TOWNSHIP OF WEST
LINCOLN
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; 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 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 WHEREAS Subsection 446(1) of the Municipal Act, 2001, S.O. 2001, c.25; as amended,
provides that if a municipality has the authority under the Municipal Act, 2001 or any other Act,
or under a By-law under the Municipal Act, 2001 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 or required to do it, the matter or thing shall be done at the person's expense;
AND WHEREAS Subsection 446(2) of the Municipal Act, 2001, S.O. 2001, c.25; as amended,
provides that a municipality may enter upon land at any reasonable time for the purpose of
Subsection 446(1);
AND WHEREAS Subsection 446(3) of the Municipal Act, 2001, S.O. 2001, c.25; as amended,
permits a municipality to recover the costs of doing a matter or thing under Subsection 446(1)
from the person directed or required to do it by action or by adding the costs 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; and
(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 eliminated 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 TOWNSHIP OF WEST
LINCOLN ENACTS AS FOLLOWS:
SECTION 1
GENERAL PROVISIONS
1.1
SHORT TITLE
1.1.1
This by-law shall be known as the "Clean Yards By-law".
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By-law 2019-38
Township of West Lincoln
Page 2
1.2
DEFINITIONS
1.2.1
For the purpose of this by-law:
(1)
"agricultural operation" means an agricultural, aquacultural, horticultural or
silvicultural operation that is carried on in the expectation of gain or reward
operated in accordance with normal farm practices;
(2)
"Chief Building Official" means the Chief Building Official appointed by
Council under the Building Code Act, 1992, S.O. 1992, c. 23, as amended, or
the person to act in that capacity in his or her absence;
(3)
"Council" means the Council of the Corporation of the Township of West
Lincoln;
(4)
"domestic waste" means any debris, rubbish, refuse, sewage, effluent,
discard, or garbage of a type arising from a residence, belonging to or
associated with a house or residential property, which for greater certainty
includes all garbage, discarded material or things, broken or dismantled
things, and materials or things exposed to the elements, deteriorating or
decaying on a property due to exposure or the weather; and for even greater
certainty, it is hereby declared that "domestic waste" 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, waste lumber, except only cut and
stacked firewood;
(b)
paper, paper cartons and other paper products;
(c)
rotting vegetable matter, or rotting animal matter, unless it is contained
in an appropriate composing 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, air conditioners, ducting, pipes heat pumps, fittings, pipes,
wire and parts or accessories of such items;
(g)
damaged water or fuel tanks;
(h)
inoperative motor vehicles, inoperative vehicles, and vehicle parts;
(i)
inoperative lawnmowers, engines and other mechanical tools or
devices;
(j)
accumulations, deposits, leavings or sweeping of litter, remains,
rubbish, or trash of any sort, whether animal, mineral or vegetable;
(k)
broken or indoor furniture;
(l)
crockery, dishes, pots and pans, and small kitchen appliances;
(m) animal waste products, hides, bones, feathers or other animal parts or
carcasses;
(n)
construction, demolition, repair or renovation debris or leftover
materials from such work; and
(o)
accumulations of rubble or broken materials such as brick, concrete or
asphalt.
Domestic waste as defined in this by-law does not cease to be domestic
waste by reason only that it may be commercially salable or recyclable.
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Township of West Lincoln
Page 3
(5)
"firewood" means and includes any untreated wood cut and split into easily
handled sizes and intended to be burned in a solid fuel burning appliance or
outdoor fire pit;
(6)
"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;
(7)
"industrial waste" means debris, rubbish, refuse, sewage, effluent, discard or
garbage of a type arising from industrial or commercial operations, or
belonging to or associated with industry or commerce or industrial or
commercial property, which for greater certainty includes all garbage,
discarded material or things, broken or dismantled things, and materials or
things exposed to the elements, deteriorating or decaying on the property
due to exposure or the weather, and for even greater certainty it is hereby
declared that "industrial waste" includes but is not limited to the following
classes of material regardless of the nature or condition of the material,
article or thing:
(a)
debris discarded things or matter, or effluent which in whole or in part
are derived from or are constituted from or consist of:
(i) animal or vegetable matter, paper, lumber or wood; or
(ii) mineral, metal or chemicals or fill contaminated with
petrochemical or petroleum products;
(b)
piles of miscellaneous plastic, wood or metal parts, or combinations of
such materials;
(c)
inoperative motor vehicles, inoperative vehicles, and vehicle parts;
(d)
piping, ducting, tubing, conduits, cable, wire and fittings or related
accessories, with or without adjuncts and not packaged for immediate
shipment or sale;
(e)
material resulting from or as a part of, construction, demolition, repair
or renovation projects including debris and leftovers;
(f)
accumulations of rubble or broken materials such as brick, concrete or
asphalt;
(g)
bones, feathers, animal waste products, hides or other animal parts or
carcasses; and
(h)
dust or ashes emanating from the operation of the enterprise.
(8)
"inoperative motor vehicle" means and includes any motor vehicle other than
a motor vehicle which is currently licensed, and operable and regularly driven
by an owner or occupant of the property on which it is stored;
(9)
"inoperative vehicle" means an automobile, motorcycle, motor assisted
bicycle, 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, trailer, boat, bicycle, or any vehicle drawn,
propelled or driven by any kind of power, including but not limited to
mechanical power, muscular power or wind power, where such items are
unable to operate as a result of being dismantled, broken or incomplete,
decayed or dilapidated, and in particular includes missing parts, wheels,
tires, engines, drive train, body components windows, or any other
component necessary for the vehicle to properly operate;
(10)
"last known address" means the address, which appears on the last revised
assessment rolls of the Corporation of the Township of West Lincoln;
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Township of West Lincoln
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(11)
"lawn" means ground cover comprised of one or more species of growing
grass with or without trees, shrubbery or maintained planting beds for other
vegetation;
(12)
"naturalized area" means land or a portion of land that does not consist of
(a)
cut lawns and tended flower beds;
(b)
vegetation that is deliberately landscaped and planted, monitored,
tended to and regularly maintained with a variety of flowers, plants or
grasses;
(c)
vegetation that is deliberately planted, tended to and harvested as a
crop serving an agricultural operation; or
(d)
wood lot areas being land or a portion of land covered with a thick
growth of trees, shrubbery and undergrowth.
(13)
"normal farm practices" means those practices required for the operation of a
farming operation in accordance with the Farming and Food Production
Protection Act, 1998;
(14)
"occupant" means any person or persons over the age of 18 years in
possession of the property;
(15)
"Officer" means an Enforcement Officer, a Building Inspector, a Chief
Building Official or any other person appointed or employed by the Township
for the enforcement of by-laws and includes both Police and Peace Officers;
(16)
"order" means any notice of non-compliance issued under this by-law;
(17)
"owner" means
(a)
the person for the time being managing or receiving the rent of the land
or premises in connection with which the word is used, whether on the
person's own account or as an agent or trustee of any other person, or
who would so receive the rent if such land or premises where let; and
(b)
a lessee or occupant of the property who, under the terms of a lease, is
required to repair and maintain the property in accordance with the
standards for the maintenance and occupancy of the property;
(18)
"person" means and includes an individual, firm, corporation, association or
partnership and includes an occupant or an owner of a property;
(19)
"property" means land and includes; a parcel or tract of land capable of being
conveyed as a separate parcel pursuant to the provisions of the Planning
Act, or is described in accordance with a registered Plan of Condominium;
(20)
"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;
(b)
is disused from its usual and intended use;
(c)
is used up, expended or worn out, in whole or in part, or
(d)
is determined to be domestic waste and / or industrial waste;
(21)
"sewage" means and includes any liquid waste containing human, vegetable,
or mineral matter, waste that is in suspension whether domestic or industrial
or any other waste whether in suspension or precipitated, but does not
include roof water or storm run-off;
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Township of West Lincoln
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(22)
"Township" means The Corporation of the Township of West Lincoln or the
geographical area of the municipality, as the context requires;
(23)
"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;
(24)
"watercourse" means an identifiable depression in the ground in which a
natural flow of water occasionally, regularly or continuously flows, even if the
bed is sometimes dry, and even if the banks are sometimes overflowed or
submerged;
(25)
"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 Township passed under the act;
1.3
INTERPRETATION
1.3.1
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.
1.3.2
This by-law shall be read with all changes of gender and number required by the
context or circumstances.
1.3.3
For the purpose of this by-law:
(1)
"m" means meters;
(2)
"mm" means millimetres;
(3)
' means feet (i.e. 5' = 5 feet);
(4)
" means inches (i.e. 5" = 5 inches);
(5)
values contained in [ ] denote imperial equivalents to the prescribed metric
value.
1.3.4
In this by-law the numbering methodology shall be referenced in accordance with
the following:
1
section
1.1
subsection
1.1.1
article
1.1.1(1)
sentence
1.1.1(1)(a)
clause
1.1.1(1)(a)(i)
subclause
1.4
EXEMPTIONS
1.4.1
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 in accordance with a permit issued pursuant to the Building Code Act or
to any construction project being carried out by or for any of the parties exempted by
article 1.4.3.
1.4.2
The provisions and regulations of this by-law shall not apply to inhibit or prohibit
normal farm practices protected under the Farming and Food Production Protection
Act, 1998.
1.4.3
The persons listed below shall be exempt from the provisions and regulations of this
by-law:
(1)
the Corporation of the Township of West Lincoln;
(2)
the Regional Municipality of Niagara; and
(3)
any Department or Ministry of the Federal or Provincial Government.
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Township of West Lincoln
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SECTION 2
APPLICABLE PROVISIONS
2.1
VEGETATION
2.1.1
Every owner or occupant of property shall maintain vegetation on the property in
accordance with the following provisions:
(1)
for lawns, vegetation other than trees and shrubbery shall be cut to maintain
its height below 203mm [8"] in height over the entirety of the lawn area;
(2)
except as provided in 2.1.1(3), for naturalized areas, vegetation other than
trees or shrubbery shall be cut to maintain its height below 203mm [8"] in
height:
(a)
for properties of 0.4 hectares [1.0 acre] or less in size, over the entirety
of the naturalized area;
(b)
for properties greater than 0.4 hectares [1.0 acre] but less than 1.0
hectare [2.47 acres] in size, along a minimum 1m [3'-3"] wide strip
immediately adjacent to the lot lines abutting an adjacent lot occupied
by a residential or commercial use; or
(c)
for properties greater than 1.0 hectare [2.47 acres] in size, along a
minimum 10m [32'-9"] wide strip immediately adjacent to the lot lines
abutting an adjacent lot occupied by a residential or commercial use.
(3)
for areas of any property under the jurisdiction of the Conservation Authority
being regulated features or having specific requirements for the maintenance
of vegetation, sentences (1) and (2) shall not apply.
2.1.2
Every owner or occupant of property shall maintain vegetation, including trees and
shrubbery, on the property in a manner to ensure:
(1)
a health, fire or safety hazard to the public is not created;
(2)
the vegetation does not constitute an obstruction of view or otherwise
impacts the safety of vehicular or pedestrian traffic;
(3)
the vegetation does not conceal or interfere, in whole or in part, with the use
of any sign, hydrant, water valve, or other utility;
(4)
the vegetation does not encroach upon any public sidewalk, pavement or
traveled portion of any street or highway;
(5)
the vegetation does not overhang any sidewalk, pavement or traveled portion
of any street or highway in a manner that would negatively impact the use of
such sidewalk, pavement or traveled portion of any street or highway;
(6)
trees are not dead, in whole or in part; and
(7)
trees are pruned so as to be free from dead or dying limbs and / or branches.
2.1.3
Every owner or occupant of property shall remove weeds from all lawn and
naturalized areas on the property by:
(1)
pulling or otherwise removing the weeds from the soil;
(2)
cutting the roots or stalks of the weeds before the seeds have developed
sufficiently to ripen after cutting;
(3)
turning the soil where weeds were growing so as to bury or kill the weeds; or
(4)
applying a herbicide, in accordance with all applicable law for the application
of such substances, that causes the weeds to be destroyed, or which
prevents the growth of weeds or the ripening of their seeds.
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Township of West Lincoln
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2.2
DRAINAGE, STANDING WATER AND WATERCOURSES
2.2.1
Every owner or occupant of property shall maintain the property free of standing
water remaining for a period in excess of three (3) days on ground, within litter or
waste, structures or any other locations that may promote the breeding and/ or
larvae growth of insects, except in areas of the property where vegetation is
deliberately planted, tended to and harvested as a crop or wood lot areas being land
or a portion of land covered with a thick growth of trees, shrubbery and undergrowth.
2.2.2
Every owner or occupant of property shall ensure that water discharged from
downspouts, sump pump outlets or other similar sources on the property is directed
in such a way to:
(1)
contain the water within the limits of the property until absorbed by the soil or
drained to a swale, watercourse, storm sewer, or other suitable outlet;
(2)
prevent discharge directly on to streets, sidewalks or stairs;
(3)
prevent discharge into sanitary sewers; or
(4)
prevent discharge on to neighbouring property unless the grading was
designed to utilize shared swales or other forms of shared overland flow to
capture surface water and direct it to a storm sewer or other suitable
collection mechanism.
2.2.3
Every owner or occupant of property shall maintain any watercourse on the property
free of obstructions.
2.3
FILL
2.3.1
Every owner or occupant of property shall ensure that fill shall not remain in an
unlevelled state on the property for longer than thirty days, unless the property is:
(1)
a construction site for which a building permit is in effect;
(2)
the subject of an agreement with the Township for site plan agreement,
subdivision agreement, development permit agreement or any other matter
entered into in accordance with the requirements of the Planning Act R.S.O.
1990 c. P. 13, as amended;
(3)
has a valid site alteration permit issued by the Township in accordance with
the Site Alteration By-law;
(4)
property upon which material is being stored with the approval of an authority
having jurisdiction in connection with a public works project; or
(5)
property upon which material is being stored with the approval of an authority
having jurisdiction in conjunction with an active agricultural, commercial or
industrial operation.
2.3.2
Every owner or occupant of property shall ensure that fill shall not remain in an
uncovered state, not covered by sod, seed or agricultural crop, on the property for
longer than sixty days unless the property is:
(1)
a construction site for which a building permit is in effect;
(2)
the subject of an agreement with the Township for site plan agreement,
subdivision agreement, development permit agreement or any other matter
entered into in accordance with the requirements of the Planning Act R.S.O.
1990 c. P. 13, as amended;
(3)
has a valid site alteration permit issued by the Township in accordance with
the Site Alteration By-law;
(4)
actively being used in conjunction with an agricultural operation;
(5)
property upon which material is being stored with the approval of an authority
having jurisdiction in connection with a public works project; or
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Township of West Lincoln
Page 8
(6)
in a manner consistent with targeted and established provincially or federally
endorsed weed management strategies.
2.4
MOVABLE CONCRETE BARRIERS
2.4.1
Every owner or occupant shall maintain the property free of movable concrete
barriers.
2.4.2
Article 2.4.1 shall not apply to prohibit the placement of movable concrete barriers
erected:
(1)
under approval or requirement of an engineering, planning or similar
agreement;
(2)
to protect an excavation, construction site, or any emergency or hazardous
area;
(3)
as a component of a building requiring a permit in accordance with the
Ontario Building Code;
(4)
in association with an active agricultural operation; or
(5)
in association with an industrial operation.
2.5
FIREWOOD
2.5.1
Every person shall maintain and store firewood:
(1)
outside of the front yard, except when on display for sale as part of an active
farm operation;
(2)
in a manner not to occupy more than 15% of the area of the property on
which it is located;
(3)
neatly stacked;
(4)
with a total height of not more than 1.5m [4'-11"]; and
(5)
other than along a fence adjacent to a property containing a swimming pool.
2.6
LITTER
2.6.1
No person shall cause, permit, throw, place or deposit refuse and / or waste on any
property other than their own, without the written authority of the owner or occupant
of that property.
2.6.2
No person shall cause, permit, throw, place or deposit refuse and / or waste on
property owned or maintained by the Corporation of the Township of West Lincoln or
property owned or maintained by the Regional Municipality of Niagara without the
written authority of the owner or occupant of that property.
2.6.3
A person does not breach the provisions of article 2.6.2 by placing garbage out for
collection in accordance with applicable by-laws and collection schedules, but no
person shall place garbage out contrary to such by-laws or schedules.
2.7
GARBAGE AND WASTE DISPOSAL
2.7.1
Every owner or occupant of property shall maintain the property free and clear of
refuse, domestic waste, industrial waste, or any other thing that may constitute a
health, fire or safety hazard on the property or to adjacent properties.
2.7.2
Every owner or occupant of property shall maintain the property or structures on the
property free of dumping or disposing of refuse, domestic waste, industrial waste or
any other thing that may constitute a health, fire or safety hazard on the property or
to adjacent properties.
2.7.3
A person does not breach the provisions of articles 2.7.1 by placing garbage out for
collection on property in accordance with applicable by-laws and collection
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Township of West Lincoln
Page 9
schedules, but no person shall leave garbage out contrary to such by-laws or
schedules.
2.7.4
Articles 2.7.1 and 2.7.2 do not apply to:
(1)
property or structures used by the Township or the Regional Municipality of
Niagara for the purpose of dumping or disposing of waste;
(2)
property or structures designated by by-law for the purpose of dumping or
disposing of waste;
(3)
structures for the purpose of dumping or disposing of waste identified
through an agreement under the Planning Act or otherwise placed on a site
for the collective disposal of garbage, refuse and / or waste; or
(4)
property or structures for the purpose of dumping or disposing of waste
whereby approval has been granted for its existence or operation by any
Department or Ministry of the Federal or Provincial Government.
2.7.5
No person, other than the Township, Regional Municipality of Niagara or its agents,
without prior authorization of the Township or Regional Municipality of Niagara, and
except in accordance with such authorization, shall dump or dispose of garbage,
refuse, domestic waste, or industrial waste on any property subject to sentences
2.7.4(1) and 2.7.4(2).
2.7.6
No person, other than the owner or occupant of a property or their agents, without
prior authorization of the owner or occupant of the property, and except in
accordance with such authorization, shall dump or dispose of garbage, refuse,
domestic waste, or industrial waste within structures subject to sentence 2.7.4(3).
2.7.7
Where refuse or waste is to be stored or placed for disposal outside the enclosing
walls of a building, every person shall:
(1)
store or place such refuse or waste in a suitable receptacle; and
(2)
maintain such refuse or waste at all times in a litter free condition in a
manner that will not attract pests or create a health, fire or safety hazard
through deterioration, exposure to weather conditions or wind.
2.7.8
Any open landing, porch, deck or balcony shall be maintained free from the
accumulation of refuse and / or waste and any conditions that may constitute a
health, fire or safety hazard on the property or adjacent properties.
2.7.9
Notwithstanding the provisions of this section, on a property used for an agricultural
operation every person shall place or store inoperative motor vehicles, inoperative
vehicles or vehicle parts required for use as replacement vehicles or parts in such a
manner to:
(1)
not create a health, fire or safety hazard;
(2)
not block emergency access to or from the property; and
(3)
setback from property lines bordering any residentially used property or
public highway by not less than 100m [328'-1"]; or
(4)
contained in an area screened from view from property lines bordering any
residentially used property or public highway by a fence, wall or other solid
structure including a hedge at least 2m [6'-6 3/4"] high that complies with all
other applicable laws and regulations.
2.8
POSTERS AND GRAFFITI
2.8.1
Every owner or occupant of property shall clean and clear exterior walls of any
building or structure and their components on the property 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.
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2.8.2
Pursuant to the Municipal Act, S.O. 2001, c.25 as amended, the cost of removal of
posters by the Township is collectable against the owner of the advertising devise
under the terms of the Municipal Act, notwithstanding the content of this by-law.
2.8.3
No person shall place, cause or permit graffiti to be placed on any property within
the Township;
2.8.4
Every owner or occupant of property shall clean and clear exterior walls of any
building or structure and their components on the property so as to be free of graffiti.
2.9
MOTOR VEHICLE SALVAGE
2.9.1
Except as provided in article 2.7.9, no owner or occupant of property shall use,
cause or permit the use of any property in the Township for storing inoperative
motor vehicles, 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.
2.9.2
Article 2.9.1. does not apply if applicable Zoning by-law provisions permit the
property to be used for such purposes and the owner or occupant of the property
holds a current and valid license for the property issued by the Township or the body
holding jurisdiction for the permitting of motor vehicle salvage.
2.10
AGRICULTURAL LOTS, FARMS AND PARCELS
2.10.1 Notwithstanding any other sections of this by-law a farm meeting the
definition of "Agricultural Operation" under the Farming and Food Production
and Protection Act, 1998, S.O. 1998, C.1, may store agricultural equipment in
a yard provided:
(a)
The equipment is stored within a building; or
(b)
If the equipment is outdoors, it is:
- placed, stored or arranged so as to not create a
safety or health hazard to persons on the
property, and in particular does not block
emergency access to or from the property and;
- is stored within an enclosed area by a fence, wall
or solid structure including a hedge at least 2
metres (6.5 feet) in height, or some combination
of those enclosures, with not more than three
access points for entry and exit from the area or;
- the equipment is set back from the property lines
by at least 45 metres or (147.6 feet).
2.10.2 For the purpose of section 2.10.1. above, "Store" and "Stored" in relation to
farm equipment that is not in use includes equipment that is not in operation
or in need of repair. (amended by By-law 2024-72)
SECTION 3
ADMINISTRATION AND ENFORCMENT
3.1
GENERAL PROVISIONS
3.1.1
No person shall hinder, obstruct, molest or interfere with or attempt to hinder,
obstruct, molest or interfere with an Officer or a person acting under their
instructions in the exercise of a power or the performance of a duty under this by-
law.
3.1.2
No person shall neglect or refuse to provide any information required by an Officer
in the exercise of a power or performance of a duty under this by-law.
3.1.3
A person is guilty of an offence if the person:
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(1)
contravenes any section of this by-law; or
(2)
fails to comply with an order issued under this by-law.
3.1.4
Every director or Officer of a corporation who contravenes article 3.1.3 is guilty of an
offence.
3.1.5
Neither the Township or an agent acting on its behalf shall be liable to compensate
the owner, occupant or any other person by reason of anything done by or on behalf
of the Township in the reasonable exercise of its powers under this by-law
3.2
OFFICERS
3.2.1
The Chief Building Official, is hereby assigned the responsibility of administering
and enforcing this By-law and the Council of the Township shall appoint Officers
responsible for the enforcement of this By-law.
3.2.2
Persons appointed or assigned for the purposes of administering or enforcing this
By-law are Officers and have authority to carry out the duties assigned to Officers
under this By-law, and may enforce the provisions of this By-law.
3.2.3
An Officer is authorized to give immediate effect to any order issued under Section 3
of this by-law, that has not been complied with by the owner or occupant, under the
provisions of the Township Tendering and Purchasing Policy, as amended from time
to time.
3.2.4
Where approved by the Chief Building Official, an Officer may permit the
maintenance of property to alternate standards required by any provisions of this by-
law.
3.2.5
The alternate standards referenced in article 3.2.4 shall be in accordance with the
general purpose and intent of this by-law and they shall have the same effect and
force as standards required by any provision of this by-law.
3.3
RIGHT TO ENTER
3.3.1
An Officer acting under the provisions of this by-law or any person acting under their
instructions may at any reasonable time, and upon producing proper identification,
enter upon any property without a warrant for the purpose of:
(1)
inspection of the property to determine whether the property conforms with
the standards prescribed in this by-law;
(2)
inspection of the property to determine whether an order made under this by-
law has been complied with; or
(3)
conducting necessary works to rectify and otherwise resolve any non-
conformity identified in an order having been served and the stipulated date
of compliance passed.
3.4
INSPECTION
3.4.1
Every owner or occupant shall permit an Officer to inspect the property or structure
for compliance with the provisions of this by-law.
3.4.2
For the purposes of an inspection under the provision of this by-law, an Officer and
any person acting under the Officer's instructions may:
(1)
alone or in conjunction with a person possessing special knowledge, enter
upon the subject property to inspect or otherwise make an examination to
determine whether:
(a)
the property is being maintained in accordance with the provisions of
this by-law;
(b)
the property and / or structure(s) are used for dumping or disposing of
garbage, refuse, fill, domestic waste, or industrial waste of any kind;
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Township of West Lincoln
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(c)
the property is used for the storage of motor vehicles for the purpose of
wrecking or dismantling or salvaging parts thereof for sale or disposal;
(d)
the owner or occupant has complied with an order issued by an Officer;
or
(e)
there is non-compliance with any other provision of this by-law.
(2)
require information from any person concerning a matter related to the
subject property or part thereof; or
(3)
through the examination of the property, document the state of property
through various means, including but not limited to:
(a)
the conducting of tests;
(b)
taking of samples; or
(c)
taking of photographs or video.
3.5
ORDERS
3.5.1
If after an inspection an Officer is satisfied that one or more non-conformities with
the standards set out in this by-law exist on the property, the Officer may issue an
order to the owner and such other persons affected by it, as the Officer determines,
requiring that the property be brought into compliance with the provisions of this by-
law.
3.5.2
An order as described in article 3.5.1 shall:
(1)
state the municipal address or the legal description of the property on which
the non-conformity or infraction has occurred;
(2)
give reasonable particulars of the contravention adequate to identify the
contravention and the location on the property on which the contravention
has occurred;
(3)
indicate the date or dates by which compliance with the order must be
achieved;
(4)
give notice that, if the required actions are not carried out within the time
specified, the Township may carry out the necessary actions to resolve the
non-compliance at the expense of the owner; and
(5)
be served in accordance with sub-section 3.6.
3.5.3
An Officer may make an order requiring the owner or occupant within the time
specified in the order to:
(1)
clean and clear-up the property and to bring the property into compliance
with the applicable section of this by-law;
(2)
remove obstructions from watercourses;
(3)
clean, clear or remove from the property any or all garbage, refuse, fill,
sewage, long grass, weeds, domestic waste or industrial waste of any kind or
any other thing that may constitute a health, fire or safety hazard, or public
nuisance;
(4)
cease using the property or structure for the dumping or disposing of
garbage, refuse, fill, sewage, domestic waste or industrial waste of any kind
or any other thing that may constitute a health, fire or safety hazard or public
nuisance;
(5)
undertake and supply, at the expense of the owner, such tests and samples
as may be specified or required to determine conformance with the
provisions of this by-law; or
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Township of West Lincoln
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(6)
clean or clear exterior walls of a building or structure, and their components
of posters or graffiti not in compliance with the provisions of this by-law.
3.5.4
For the purpose of this by-law the minimum duration of time offered for compliance
with an order issued by an Officer shall be not less than that stipulated in the table
below.
Violation
First
Offence
Subsequent
Offence
vegetation
10 days
3 days
drains and standing water
10 days
3 days
fill
30 days
15 days
movable concrete barriers
30 days
15 days
firewood
15 days
5 days
refuse and waste
15 days
5 days
posters and graffiti
10 days
3 days
motor vehicle salvage
30 days
15 days
3.5.5
The minimum duration stipulated by article 3.5.4 shall commence the day the order
is issued and expiry of such duration shall occur as of 12:01am of the day
immediately following the date of the stipulated deadline.
3.5.6
An Officer may grant extensions of time for compliance with any order beyond that
specified in the order in any case where valid reason exists, in the opinion of the
Officer, for the extension for such an extension.
3.5.7
Any offence that occurs after the first offence on the same property in the same
calendar year shall be considered, for the purpose of this by-law, a subsequent
offence.
3.6
SERVICE
3.6.1
The order described in article 3.5.1 shall be served or caused to be served on the
owner of the property and such other persons affected by the order by:
(1)
personal service; or
(2)
prepaid registered mail sent to the last known address of the owner or
occupant.
3.6.2
An order served by registered mail shall be deemed to have been served on the 5th
day after the date of mailing.
3.6.3
An Officer may in addition to service set out in article 3.6.1, post a copy of the order
in a conspicuous place on the property.
3.6.4
If an Officer is unable to effect service as provided in article 3.6.1, the Officer shall
place a placard containing the terms of the order in a conspicuous place on the
property and the placing of the placard shall be deemed as sufficient service of the
order on the owner, occupant or other persons.
3.6.5
Where an order is issued for a subsequent offence, personal delivery and / or
posting of the order on site as provided for in article 3.6.4 shall be deemed to be
sufficient notice for compliance provided the order issued respecting the first offence
indicated that any subsequent offence would be dealt with in this manner.
3.7
FAILURE TO COMPLY WITH AN ORDER
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Township of West Lincoln
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3.7.1
Where the owner or occupant fails to comply with an order issued under this by-law
within the time specified for compliance, an Officer, with such assistance by others
as may be required may:
(1)
clean or clear-up a property and bring it into compliance with the provisions
of this by-law;
(2)
remove obstructions from watercourses;
(3)
clean, clear or remove from the property or structure any or all garbage,
refuse, fill, sewage, domestic waste or industrial waste of any kind or any
other thing that may constitute a health, fire or safety hazard or public
nuisance;
(4)
remove inoperative motor vehicles, inoperative vehicles, machinery, trailers
or boats and any vehicle parts, stored for the purpose of wrecking or
dismantling the materials or the salvaging parts thereof for sale or other
disposal;
(5)
clean or clear exterior walls of a building or structure, and their components
of posters or graffiti not in compliance with the provisions of this by-law; or
(6)
issue a fine to the owner of the property in accordance with Schedule "A" of
this by-law.
3.7.2
Where items, materials or things are removed as a result of actions to rectify non-
conformities on a property in accordance with article 3.7.1, the items materials or
things may be immediately disposed of by an Officer, and any resulting recovered
salvage value or other actual recovery of money made upon such disposal shall be
forfeited by the owner or occupant.
3.7.3
Upon completion of the works pursuant to article 3.7.1, by or on behalf of the
Township, the Township shall have a lien on the property for the amount spent on
the work and 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 by
statute.
3.7.4
Where the Township conducts works pursuant to article 3.7.1, the Township may, in
addition to the expense of the work, charge an administrative fee of 15% of such
expense with a minimum fee of $125.00 which shall be added to the expense of the
work.
3.7.5
Notwithstanding the provisions of article 3.7.3, to recover the costs incurred and
identified by articles 3.7.3 and 3.7.4, the Township may prepare and issue an
invoice to the owner allowing for not less than 21 days to pay such invoice in full,
after which time the amount shall be transferred to the tax roll by the Clerk of the
municipality.
3.8
PENALTIES
3.8.1
Every person who contravenes any provision of this by-law is guilty of an offence
and upon conviction is liable to a fine as provided for by the Provincial Offences Act,
R.S.O. 1990, Chapter P.33, as amended.
3.8.2
Every person who contravenes any provision of this by-law is guilty of an offence
and upon conviction is liable to a penalty of not more than $10,000 for the first
offence and to a penalty of not more than $25,000 for each subsequent offence.
3.8.3
Notwithstanding the provisions of article 3.8.2, every corporation who contravenes
any provision of this by-law is guilty of an offence and upon conviction is liable to a
penalty of not more than $50,000 for the first offence and to a penalty of not more
than $100,000 for each subsequent offence.
3.8.4
Any person who contravenes any provision of this By-law and each Owner, when given
a Penalty Notice in accordance with the Township's Administrative (Non-Parking)
Penalty By-law, is liable to pay the Township an administrative penalty in the amount
specified in the applicable Schedule of the Township's Administrative (Non-Parking)
Penalty By-law, as amended from time to time. (As amended by By-law 2021-90)
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Township of West Lincoln
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3.9
TRANSITION PROVISIONS
3.9.1
After the date of passing of this by-law, any former Clean Yards by-law including the
predecessor to this by-law 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, including any rectification
carried out by the Township shall have been concluded.
3.9.2
In the recovery or enforcement of penalties and forfeitures incurred, or in any other
proceeding in relation to matters in respect of a former Clean Yards by-law including
the predecessor to this by-law, the process may be continued and carried out under
this by-law.
3.10
VALIDITY
3.10.1 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 care of property is maintained.
3.10.2 Where the regulations of this by-law conflict with those of another by-law, Act, or
Regulation in force within the Township, the regulation that establishes the higher
standards to protect the health and safety of persons shall prevail.
SECTION 4
REPEALS & ENACTMENT
4.1
BY-LAWS TO BE REPEALED
4.1.1
By-law 2011-89, and any amendments thereto, is hereby repealed.
4.2
DATE OF ENACTMENT
4.2.1
This by-law shall come into force and effect on June 1st, 2019.
READ A FIRST, SECOND
AND THIRD TIME AND
FINALLY PASSES THIS 27TH
DAY OF MAY 2019
CONSOLIDATED VERSION - ORIGINAL SIGNED
_________________________
DAVE BYLSMA, MAYOR
CONSOLIDATED VERSION - ORIGINAL SIGNED
__________________________
JOANNE SCIME, CLERK
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Township of West Lincoln
Page 16
THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN
PART I OF THE PROVINCIAL OFFENCES ACT
By-Law 2019-38: Clean Yards By-law
SET FINES
Column 1
Column 2
Column 3
ITEM
SHORT FORM WORDING
PROVISION CREATING OR
DEFINING OFFENCE
SET FINE
1.
Fail to maintain vegetation - exceed
size allowance
2.1.1
$200
2.
Fail to maintain vegetation - create
hazard
2.1.2
$200
3.
Fail to maintain vegetation - obstruct
view
2.1.2
$200
4.
Fail to maintain vegetation - impact
traffic
2.1.2
$200
5.
Fail to maintain vegetation - interfere
with sign
2.1.2
$200
6.
Fail to maintain vegetation - interfere
with utility
2.1.2
$200
7.
Fail to maintain vegetation - encroach
on public property
2.1.2
$200
8.
Fail to maintain vegetation - overhang
public property
2.1.2
$200
9.
Fail to maintain vegetation - dead
tree(s)
2.1.2
$200
10.
Fail to maintain vegetation - tree(s)
with dead limb(s)
2.1.2
$200
11.
Fail to remove weeds
2.1.3
$200
12.
Fail to maintain property free of
standing water
2.2.1
$200
13.
Fail to contain drainage and prevent
improper discharge
2.2.2
$200
14.
Fail to maintain watercourse free of
obstruction
2.2.3
$200
15.
Fail to maintain property free of fill
2.3.1
$200
16.
Fail to maintain property free of
uncovered fill
2.3.2
$200
17.
Fail to maintain property free of
movable concrete barriers
2.4.1
$200
18.
Fail to store firewood properly
2.5.1
$200
19.
Littering
2.6.1
$200
20.
Fail to maintain property free of refuse
/ waste
2.7.1
$200
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Township of West Lincoln
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Column 1
Column 2
Column 3
21.
Fail to suitably place refuse / waste for
disposal
2.7.7
$200
22.
Fail to screen inoperative motor
vehicles / vehicles / vehicle parts for
an agricultural operation
2.7.9
$200
23.
Fail to maintain property free of
posters
2.8.1
$200
24.
Fail to maintain property free of graffiti
2.8.3
$200
25.
Fail to maintain property free of motor
vehicle salvage
2.9
$200
26.
Interfere with / obstruct an Officer in
performance of their duty
3.1.1
$200
27.
Fail to provide information to an
Officer
3.1.2
$200
Note: The general penalty provision for the offences listed above is Article 3.8.1 of By-law
2019-38, a certified copy of which has been filed.