By-law 2018-75 Littering

West Nipissing, Ontario

This is the exact embedded text of the captured official document. Snapshot 6deec0c71c6f · verified 2026-06-09 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Littering By-Law 2018/75 Page 1 THE CORPORATION OF THE MUNICIPALITY OF WEST NIPISSING BY-LAW NO. 2018/75 BEING A BY-LAW FOR THE PURPOSE OF PROHIBITING LITTERING ON PRIVATE OR MUNICIPAL PROPERTY IN THE MUNICIPALITY OF WEST NIPISSING WHEREAS Section 10(2) 8 of the Municipal Act, 2001, R.S.O. 2001, c. 25, authorizes municipalities to pass by-laws respecting the Protection of persons and property, including consumer protection; AND WHEREAS Section 127 (c) the Municipal Act, 2001, R.S.O. 2001, c. 25, authorizes municipalities to pass by-laws to prohibit the depositing of refuse or debris on land without the consent of the owner or occupant of the land; AND WHEREAS the Council of the Corporation of the Municipality of West Nipissing deems it expedient and necessary to prohibit the illegal dumping or depositing of litter on private and municipal properties; NOW, THEREFORE, THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF WEST NIPISSING ENACTS AS FOLLOWS: 1. SHORT TITLE This by-law may be cited as the "Municipal Littering By-law". 2. DEFINITIONS In this by-law, a) "Litter" shall mean to willfully or carelessly discard any garbage, refuse or debris of any type, which includes the following items such as household goods/furnishings, ashes, earth, paper/cardboard, advertisement, vegetable matter, stone, sand, glass, tin or wood but is not limited to these items, without consent, resulting in pollution or an unsightly condition. b) "Highway" shall include any road, bridge, street, land or similar thoroughfare and includes such parts thereof commonly known as roadways, curbs, ditches, sidewalks, median strips, boulevards, islands and associated sewer, catch basin, water courses and retaining walls. c) "Land" shall include any ground, yard, lot or other real property whether or not occupied by a building or structure, and being private or municipal property. d) "Municipality" shall mean the Corporation of the Municipality of West Nipissing. e) "Person" shall mean any individual, association, firm, partnership or corporation. f) "Municipal Law Enforcement Officer" shall mean any person appointed by Council for the purpose of enforcing the by-laws of the Municipality. 3. GENERAL 3.1 No person shall deposit or cause to be deposited or permit to be deposited any "LITTER" on any privately owned lands within the municipality, unless granted consent to do so by the rightful land owner. Littering By-Law 2018/75 Page 2 3.2 No person shall deposit or cause to be deposited or permit to be deposited any "LITTER" on any highway within the municipality. 3.3 No person shall deposit or cause to be deposited or permit to be deposited any "LITTER" on lands owned by the municipality or any local board thereof except at a waste disposal site operated by the West Nipissing Environmental Services, or in receptacles approved by the Municipality for that purpose, unless granted consent to do so by the Municipality of West Nipissing. 4. EXCEPTIONS 4.1 None of the provisions of this by-law apply where, in the normal course of garbage collection, a person employed by the West Nipissing Environmental Services deposits "LITTER" on a highway or on land owned by the municipality or any local board thereof. 5. PENALTY 5.1 Every person who contravenes any provision of this By-law is guilty of an offence and, on conviction, is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P33, as amended, as set out in Schedule 'A' attached hereto and forming part of this By-law. 5.2 Where a conflict arises between the requirements of this by-law and any other by-law of the Corporation of the Municipality of West Nipissing, the more restrictive regulations shall apply. 6. ENFORCEMENT This by-law shall be enforced by a person appointed by Council for the purpose of enforcing the by- laws of the Municipality. 7. REPEAL By-Law No. 2002/75 of the Corporation of the Municipality of West Nipissing is hereby repealed. ENACTED AND PASSED THIS 14th DAY OF AUGUST 2018 AS WITNESSED BY THE SEAL OF THE CORPORATION AND THE HANDS OF ITS PROPER OFFICERS. LÉO MALETTE DEPUTY MAYOR MELANIE DUCHARME CLERK Littering By-Law 2018/75 Page 3 REVISED: AUGUST 2018 Municipality of West Nipissing LITTERING BY-LAW SCHEDULE "A" to BY-LAW 2018/75 PART 1 PROVINCIAL OFFENCES ACT Prohibiting Littering on private or municipal property in the Municipality of West Nipissing ITEM COLUMN 1 Short Form Wording COLUMN 2 Provision creating or defining offence COLUMN 3 Set Fine 1 Deposit any "LITTER" on any privately owned lands, without land owner's consent Section 3.1 $300.00 2 Cause to be deposited any "LITTER" on any privately owned lands, without land owner's consent Section 3.1 $300.00 3 Permit to be deposited any "LITTER" on any privately owned lands, without land owner's consent Section 3.1 $300.00 4 Deposit any "LITTER" on any highway Section 3.2 $300.00 5 Cause to be deposited any "LITTER" on any highway Section 3.2 $300.00 6 Permit to be deposited any "LITTER" on any highway Section 3.2 $300.00 7 Deposit any "LITTER" on any municipally owned lands, without municipality's consent Section 3.3 $300.00 8 Cause to be deposited any "LITTER" on any municipally owned lands, without municipality's consent Section 3.3 $300.00 9 Permit to be deposited any "LITTER" on any municipally owned lands, without municipality's consent Section 3.3 $300.00 10 Deposit "LITTER" on any lands owned by a local board, without local board's consent Section 3.3 $300.00 11 Cause to be deposited any "LITTER" on any lands owned by a local board, without local board's consent Section 3.3 $300.00 12 Permit to be deposited any "LITTER" on any lands owned by a local board, without local board's consent Section 3.3 $300.00 NOTE: Penalty provision for the offences indicated above is Section 5 of By-Law No.2018/75 a certified copy of which has been filed.