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West Pert h
By-law 18-2025
THE CORPORATION OF THE MUNICIPALITY OF WEST PERTH
Being a By-law Respecting the Cleaning up of Yards and Property
Maintenance within the Municipality of West Perth and to Repeal By-laws
021-2003, 022-2003 and 68-2005
Whereas s.8, 9 and 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (hereinafter
called “the Act”) permits a municipality to pass By-laws necessary or desirable for municipal
purposes, and in particular clauses 5, 6, and 8 of s.11(2) authorizes by-laws respecting the
economic, social and environmental well-being of the municipality, the health and safety and
well-being of persons and the protection of persons and property; and
Whereas s.11(3)(1) of the Act provides that a municipality may pass by-laws respecting
highways including parking and traffic on highways; and
Whereas s.23.1 of the Act authorizes a municipality to delegate its powers and duties; and
Whereas s.44(9) of the Act states that, except in a case of gross negligence, a municipality is
not liable for personal injury caused by snow and ice on a highways; and
Whereas s.122 of the Act provides that a municipality may require the owners or occupants of
buildings to remove snow and ice from roofs of the buildings, and may regulate when and how
the removal shall be undertaken; and
Whereas s.127 of the Act permits a municipality to pass By-laws requiring an owner or
occupants of land to clean and clear the land, not including buildings; to clear refuse or debris
from the land, not including buildings; for regulating when and how such matters shall be done;
for prohibiting the disposal of refuse or debris on land without the consent of the owner or
occupants of the land; and for defining “refuse”; and
Whereas s.128 of the Act permits a municipality to pass By-laws to prohibit and regulate with
respect to public nuisance, including matters that, in the opinion of Council, are or could
become or cause public nuisances; and
Whereas s.129 of the Act permits a municipality to pass By-laws to prohibit and regulate with
respect to odour, dust and outdoor illumining including indoor lighting that can be seen from
outdoors; and
Whereas s.131 of the Act permits a municipality to pass By-laws to prohibit and regulate the
use of any land for storage or used motor vehicles for the purpose of wrecking or dismantling
them or salvaging parts from them for sale or other disposition; and
Whereas s.391 of the Act authorizes a municipality to impose fees or charges on persons for
services or activities provided or done by or on behalf of it; and
Whereas s.425 of the Act, authorizes a municipality to pass By-laws providing that a person
who contravenes a By-law of the municipality is guilty of an Offence; and
Whereas s.436 of the Act, provides that the municipality has the power to pass By-laws
authorizing the power of entry for the purpose of inspecting land to determine compliance with
the By-law, direction, order or condition of a licence; and
Whereas s.444(1) of the Act, authorizes the municipality to make orders if a municipality is
satisfied that a contravention of a By-law of the municipality passed under the Act has
occurred, requiring the person who contravened the By-law or who caused or permitted the
contravention or the owner or occupier of the land on which the contravention occurred to
West Perth
discontinue the contravening activity; and
Whereas s.445(1) of the Act, provides that if a municipality is satisfied that a contravention of a
By-law of the municipality passed under the Act has occurred, the municipality may make an
order requiring the person who contravened the By-law or caused or permitted the
contravention or the owner or occupier of the land on which the contravention occurred to do
work to correct the contravention; and
Whereas s.446 of the Act, authorizes the municipality through a By-law to require, in default of
required matter or thing being done, that the work may be done by the municipality at the
expense of the person required to do it and the cost may be added to the tax rolls and collected
in the same manner as taxes; and
Now therefore be it resolved that the Council of the Corporation of the Municipality of West Perth
enacts as follows:
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West Perth
PART | —- TITLE, INTERPRETATION & SEVERABILITY
im This By-law may be cited as the “Tidy Yards By-law’.
eA This By-law shall apply throughout the whole of the Municipality of West Perth,
hereinafter called “the Municipality”.
x For the purpose of this By-law:
a) In the interpretation and application of the provisions of this By-law, unless
otherwise stated to the contrary, the provisions shall be held to be the minimum
requirements for the purpose of the quality of communities and/or neighbourhoods,
to protect the health, safety and well-being of the public, and to ensure the
continued enjoyment of property for residents and owners of the Municipality.
b) Council and the Municipality deem graffiti, standing water, loose rubbish and debris
on lands and unkept property a nuisance.
c) This By-law does not apply so far as to prevent a farm, meeting the definition of
“agricultural operation” under the Farming and Food Production Protection Act,
1998, S.O. 1998, c.1, from carrying out a normal farm practice as provided for and
defined under that Act.
4. Where there is a conflict between a provision of this By-law and a provision in any
other By-law of the Municipality, it shall be at the discretion of the Officer to determine
which By-law shall apply. Any provincial or federal legislation or regulation that
imposes a higher standard shall supersede this By-law.
x If any court of competent jurisdiction finds that any of the provisions of this By-law are
ultra vires the jurisdiction of Council, or are invalid for any reason, such provision shall
be deemed to be severable and shall not invalidate any of the other provisions of the
By-law which shall remain in full force and effect.
PART Il — DEFINITIONS
6. Definitions
Buffer Strip shall mean a one (1) meter wide strip immediately adjacent to all Property lines
of a residentially used Property, on which the ground cover shall be maintained at a height of
no more than 20.32 centimetres (8 inches);
By-law shall mean this “Tidy Yards By-law";
Boulevard shall mean that portion of every road allowance within the limits of the
Municipality which is not used as a Sidewalk, driveway access, traveled roadway or shoulder;
Clerk shall mean the Clerk for the Municipality, or any person designated by the Clerk;
Costs shall mean all monetary expenses incurred by the Municipality during and throughout
the process of any Remedial Work, including interest, and may include additional fees as
determined by the Municipality's Fees and Charges By-law, as may be amended from time to
time;
Council shall mean the Council of The Corporation of the Municipality of West Perth;
Commercial Motor Vehicle shall mean any motor vehicle, exceeding 6 metres in length,
capable of or having attached thereto a truck or delivery body or Trailer and without limiting
the generality of the foregoing includes transport truck tractors and/or Trailers, delivery vans,
hearses, buses, farm tractors and/or Trailers used for hauling, and delivery trucks, but
excludes travel trailers and motor homes as defined in the most current Zoning By-law;
Composting shall mean the biological degrading or breakdown of organic material into a
dark soil-like material called humus;
Derelict Motor Vehicle shall mean a vehicle having missing bodywork components or parts,
including tires or damaged components, parts, bodywork, glass or deteriorated or removed
adjuncts, which prevent its mechanical function, and includes Motor Vehicles not licensed for
the current year;
Dwelling Unit or Dwelling shall mean one or more habitable rooms occupied or capable of
being occupied on a permanent basis by one or more persons as an independent and
separate housekeeping unit in which kitchen and sanitary facilities and sleeping
accommodation are provided for the exclusive use of such Person or Persons;
Fill shall mean any type of material capable of being removed from or deposited on lands,
such as soil, stone, sod, turf, concrete, and asphalt either singly or in combination;
Graffiti shall mean writing, drawing, or symbols applied to any surface, and includes
scribbles, scratches and slash or sprayed illicitly on a wall or other surface. Graffiti ranges
from simple written words to elaborate wall paintings;
Highway shall mean a common and public walkway, lane, street, avenue, parkway,
driveway, square, place, bridge, viaduct or trestle, designed and intended for, or used by, the
general public for the passage of vehicles and pedestrians and includes the untraveled
portion of a road allowance, a street, as may also be defined in the in the Act and/or in the
Highway Traffic Act, R.S.O. 1990, c. H.8;
Infestation shall mean the overrunning of a Property by vermin, rodents, and/or insects;
Medical Officer of Health shall mean the Medical Officer of Health for Huron and Perth
counties;
Motor Vehicle shall mean an automobile, a motorcycle, a motor assisted bicycle, and any
other vehicle propelled or driven otherwise than by muscular power, but does not include a
street car or other motor vehicle running only upon rails, a power-assisted bicycle, a traction
engine, a farm tractor, a self-propelled implement of husbandry or a road-building machine as
may also be defined in the Highway Traffic Act, R.S.O. 1990, c. H.8;
Municipal Law Enforcement Officer (or “MLEO”) shall mean a Person appointed by the
Municipality to enforce the By-laws;
Municipality shall mean the Corporation of the Municipality of West Perth;
Naturalized Garden shall mean a defined area of vegetation that has been deliberately
planted or cultivated with species of wildflowers, shrubs, perennials, ornamental grasses, or
combinations thereof, consistent with a managed and natural landscape;
Offence shall mean an offence under an Act of the Legislature under a regulation or By-law
made under the authority of an Act of the Legislature;
Officer shall mean a Municipal Law Enforcement Officer, police officer, or other Person
appointed by the Municipality to enforce the provisions of this By-law;
Official Plan shall mean the Official Plan for the Municipality and the County of Perth, as
may be amended from time to time;
Owner or Owners shall mean the Person or Persons who is the registered Owner of a
Property and the Person for the time being, managing or receiving the rent of the Property
whether on the Person’s own account or as agent or trustee of any other Person, or who
would receive the rent if the land or premises were let;
Perimeter Strip shall mean a ten (10) meter wide strip immediately adjacent to all Property
lines of any Property (other than a residentially used Property), on which the ground cover
shall be maintained a height of no more than 20.32 centimetres (8 inches);
Person shall include an individual, association, organization, firm, sole proprietorship,
partnership, limited partnership, trust, corporation, and an individual in their capacity as a
trustee, executor, administrator, or other legal representative;
Property shall mean a parcel of land which is capable of being legally conveyed as a
separate parcel pursuant to the provisions of the Planning Act, or is described in accordance
with a registered Plan of Condominium;
Public Nuisance shall mean an activity or activities, intentional or negligent in origin, which
have a detrimental impact on the use and enjoyment of properties in the vicinity of the said
Property and for the purposes of this By-law, includes odour, graffiti, dust, cargo containers
and illumination;
Recreational Vehicle shall mean a specifically designed vehicle used for recreation
purposes, whether or not it is required to be licensed, including an all-terrain vehicle, a
snowmobile, a camper, a motorhome, a boat or Trailer;
Refuse shall mean a substance or material that is unusable or unwanted and includes but is
not limited to:
a) Rubbish, garbage, brush, litter, debris, bottles, cans, packing materials, paper,
clothing, bulk Waste, recycled materials;
b) Food scraps, bones or organic Waste;
c) Human or pet excrement;
d) Disconnected appliances and parts of such appliances designed for interior use;
e) Indoor furniture and household effects;
f) Exterior furniture that becomes dilapidated;
g) Dilapidated landscape or garden features such as awnings, marquees, canopies,
pergolas, trellis, lattice, statues and benches;
h) Broken or discarded material;
i) Derelict machinery or mechanical equipment, or parts thereof, or other objects or
parts thereof;
j) Parts of vehicles not packaged for immediate shipment, including worn automobile
tires, used oil, and automotive parts;
k) Articles, things, matter, or effluent or any part thereof derived from or made or
consisting of: agricultural, animal, vegetable, paper, lumber or wood product or
minerals, metal or chemical products, petroleum products/fluids, lubricants, oils,
hydrocarbons, or similar materials, whether or not the products are used,
manufactured or otherwise processed;
1) Material resulting from construction, demolition, repair or renovation products
including soil or rock Fill;
m) Piping, ducting, tubing, conduits, cable, wire and fittings or related accessories not
packaged for immediate shipment;
n) Waste lumber;
0) Items in an unsightly condition;
p) Torn or cut branches or twigs, leaves, yard Waste, stumps and similar vegetative
Waste; or
q) Without restricting the foregoing, any unused or unusable material that by reason of
its state, condition, or excess accumulation:
i. | Has been cast aside, discarded or abandoned, whether of any value or not;
ii. | Has been used up, in whole or in part, whether of any value or not; or
iii. | Has been expended or worn out, in whole or in part, whether of any value or
not;
West Perth
Remedial Work shall mean all work necessary for the correction or elimination of a
contravention of this By-law as cited in any Order issued under this By-law, including any
such condition or health hazard, actually or potentially, that the contravention may pose;
Set Fine shall mean the amount of a fine set by the Chief Justice of the Ontario Court of
Justice for an Offence for the purpose of proceedings commenced under Part | or Part II of
the Provincial Offences Act, 1990, R.S.O. 1990, c. P.33, as amended;
Settlement Area shall mean urban areas, community areas and hamlet areas within the
Municipality (such as cities, towns, villages and hamlets) that are: (a) Built up areas where
development in concentrated and which have a mix of land uses; and (b) Lands which have
been designated in the Official Plan for development over the long-term planning horizon, as
defined in the County of Perth Official Plan, as may be amended from time to time;
Sewage shall mean a liquid or water borne Waste, of industrial or commercial origin, or of
domestic origin, including human body Waste, toilet or other bathroom Waste, and shower,
tub, culinary, sink and laundry Waste, or liquid or water borne Waste discharged from a pool
to a drain. ‘Grey Water’ means sanitary sewage of domestic origin that is derived from
fixtures other than sanitary units;
Sidewalk shall mean a Municipal or County Sidewalk located on the Boulevard;
Standing Water shall mean any water, other than a natural body of water that exists on a
permanent basis that is found on the ground;
Trailer shall mean a vehicle that is at any time drawn upon a Highway by a Motor Vehicle
except an implement of husbandry, another vehicle or any device or apparatus not designed
to transport persons or property, temporarily drawn, propelled or moved upon such Highway
and accept a side car attached to a motorcycle, and shall be considered a separate vehicle
and not part of a Motor Vehicle by which it is drawn;
Use shall mean the purpose for which a Property, building, or structure, or combination
thereof, is designed, arranged, or occupied in accordance with the Zoning By-law;
Waste shall mean any Waste of any kind whatsoever and without limiting the generality of
the foregoing includes: rubbish and debris, Refuse, Sewage, effluent, garbage, or litter of any
type including household Waste;
Weed(s) shall mean a noxious Weed designated 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;
Yard shall mean an open, uncovered space on a lot, appurtenant to a main building and
unoccupied by buildings are structured except as specifically permitted elsewhere in this By-
law. In determining Yard measurements, the minimum horizontal distance from the
respective lot lines shall be used; and
a) Exterior Side Yard shall mean the Side Yard of a corner lot which Side Yard extends
from the Front Yard to the Rear Yard between the street line and the nearest wall of
any building or structure. The minimum exterior Yard means the minimum depth of
the Exterior Side Yard on a lot between an exterior side lot line and the nearest wall
of any building or structure on the lot;
b) Front Yard shall mean a Yard extending across the full width of a lot between the
front lot line and the nearest wall of any building or structure on the lot. The minimum
Front Yard means the minimum depth of a Front Yard on a lot between the front lot
line and the nearest wall of any building or structure on the lot;
c) Rear Yard shall mean a Yard extending across the full width of a lot between the rear
lot line and the nearest wall of any building or structure on the lot. The minimum
Rear Yard means the minimum depth of a Rear Yard on a lot between the rear lot
West Perth
line and the nearest wall of any building or structure on the lot;
Zoning By-law shall mean a By-law passed by Council under the authority of the Planning
Act.
PART IIl— STANDARDS FOR ALL PROPERTIES
Ts Standards for All Properties
Property Maintenance
7.1. Every Person shall keep Property free of Refuse.
Landscaping
7.2. Every Owner shall keep suitable ground cover as to prevent erosion of the soil.
7.3. | Every Owner shall keep grass, where it forms a part of the ground cover, in a living
condition.
7.4. Every Owner shall keep grass, where it forms a part of the ground cover, maintained at
a height of no more than 20.32 centimetres (8 inches) in length.
Naturalized Garden, Trees, Plants, Vegetation
7.5. Notwithstanding Section 7.4, where a Naturalized Garden forms a part of the ground
cover, every Owner shall keep it in a living condition.
7.6. Notwithstanding Section 7.4, where a residentially used Property abuts another
residentially used Property or Highway, and where a Naturalized Garden forms a part of
the ground cover, every Owner shall keep a Buffer Strip maintained at a height of no
more than 20.32 centimetres (8 inches) in length.
7.7. Notwithstanding Section 7.4, where a Property other than that described in Section 7.6
abuts an occupied Property or Highway, and where a Naturalized Garden forms a part
of the ground cover, every Owner shall keep a Perimeter Strip maintained at a height of
no more than 20.32 centimetres (8 inches) in length.
7.8. No Owner shall keep vegetation on their Property in an overgrown manner or ina
manner that may affect safety, visibility, or passage of the general public.
7.9. _ Every Owner shall keep their Property free from Weeds, heavy growth, dead or dying
trees, tree branches or shrubs.
7.10. No Owner shall plant, grow, maintain or permit on their Property, a hedge, shrub, plant
or tree which:
a) Interferes with the safety of the public;
b) Affects the safety of vehicular or pedestrian traffic;
c) Wholly or partially obstructs, conceals or interferes with the use of any hydrant or
water valve or other utility;
d) Constitutes an obstruction of view for vehicular or pedestrian traffic; or
e) Encroaches on a Sidewalk or Highway.
Dirt Piles and Unleveled Fill
7.11. No Owner shall keep their Property ungraded, including unleveled Fill for more than
fourteen (14) days or Fill material in an uncovered state (meaning not covered by sod or
7
West Perth
fie
Waste
f.13.
seed) for more than thirty (30) days, unless the Property is:
a) A Property considered an agricultural operation in accordance with Section 3(c) of
this By-law;
b) Aconstruction site for which a building permit and/or a site alteration permit is in
effect;
c) A Property being developed under a subdivision agreement or site plan agreement
with the Municipality;
d) A Property on which material is being stored with the approval of the Municipality or
County or Province in connection with a public works contract.
Notwithstanding Section 7.11, any Fill or Fill material placed or levelled must be done to
the satisfaction of the MLEO.
Every Owner shall:
a) Keep their Property free from all Refuse, debris, rubbish, or Waste of any kind,
including object that may create a health, fire or accident hazard;
b) Keep their Property free and clear of Infestation;
c) Keep Refuse, debris, rubbish, or Waste stored in receptacles and removed in a
timely manner.
Garbage, Refuse and Disposal
7.14,
7.15.
T.10s
ff.
1.16,
fe.
7.20
Every Owner shall keep household Waste stored in well maintained, rigid, watertight
containers while stored outdoors. Household Waste shall not be stored in the Front Yard
of a Property where the Property has a garage, Side Yard or designated storage facility.
Household Waste may be placed in the Front Yard in accordance with the Municipal
garbage collection regular pick-up schedule.
Every Owner shall remove all locks and doors from an ice-box, refrigerator, freezer or
other container prior to placing the said container in an exterior Yard area.
Every Owner shall keep materials of a flammable nature, if they are lawfully on the
Property, safely stored.
Waste containers on a non-residential Property shall be placed in a prominent position
for the disposal of Waste by customers and others. Lands surrounding the Waste
containers shall be kept free of such Waste.
Every Owner shall keep outdoor storage on a non-residential Property:
a) Ina Litter free condition; and
b) Screened, if less than sixty (60)metres (195.85 feet) from a Highway, Sidewalk, path,
park or Dwelling Unit.
Every Owner shall keep a balcony, porch, deck or landing free from accumulation of
Refuse or Waste or in a condition that may create a health, fire or accident hazard.
. Every Owner shall keep a Waste (garbage) chute, disposal room or area or receptacle in
a clean, disinfected or odour free condition.
Litter, Grass Clippings & Snow/Ice
rae
No Person shall throw, place or deposit Refuse, Waste, debris or rubbish, leaves, grass
clippings, dirt, snow or ice of any kind on any Property unless authorized by the Owner.
West Perth
7.22. No Person shall throw, place or deposit Refuse, Waste, debris or rubbish, leaves, grass
clippings, dirt, snow or ice on any Highway, Sidewalk or Property owned by the
Municipality, unless authorized by the Municipality.
Holes, Pits & Open Wells
7.23. Every Owner shall keep:
a) Their Property free of holes or excavations in a manner that may create a health or
accident hazard;
b) An excavation or other declivity, pit or hole on their Property enclosed with a fence;
c) An open well on their Property enclosed with a proper fitting lid;
d) An abandoned or unused well or septic tank safely filled in, covered and protected.
Derelict Motor Vehicles and Trailers
7.24. No Owner shall use any Property for the parking, storage, keeping or placement of:
a) Derelict Motor Vehicles or Motor Vehicles that are unfit to be operated on a Highway
due to damage or poor repair;
b) Motor Vehicles that are not currently licensed for operation under the provisions of
the Highway Traffic Act;
c) Motor Vehicles parts or components unless they area expressly permitted; and
d) Wrecked, dismantled, discarded, inoperative, or abandoned Motor Vehicles,
machinery, Tailers or boats.
7.25. Any vehicle, including without limitation of the generality of the foregoing, Trailer, tractor,
farm implement, truck camper, camper, boat, motorcycle, or remnants of part or parts
thereof or mechanical equipment, which is in a wrecked, discarded, dismantled or
inoperative condition vehicle or Trailer that does not properly display thereon a valid and
current licence plate or marker thereof, shall, for the purpose of this By-law be deemed
to be discarded, inoperative or abandoned.
7.26. In the case of farm machinery or equipment on Property where the Use of keeping of the
same is permitted in accordance with the Zoning By-law, all such vehicles or equipment
shall be parked and stored in a neat and orderly manner.
Cargo Containers
7.27 The location and/or use of a cargo container as a structure or for outside storage shall
only be permitted in the following zones:
a. Agricultural (A)
b. Highway Commercial;
c. Rural Commercial;
e. General Industrial/ Inside Storage;
f. General Industrial/ Outside Storage; and,
7.28 Cargo containers located in the above zones must be used for storage accessory to a
main use subject to the requirements for accessory buildings found in the West Perth
Zoning By-law.
7.29 Section 7.27 shall not prevent the keeping of a Cargo Container for up to thirty (30) days
after the sale of a Property or in support of an active construction project, provided that:
a) It will not cause risk the health or safety of another Person;
b) It will be maintained in a manner as not to emit an odour or attract an Infestation;
c) It will be removed immediately following completion of the construction project.
West Pert h
Parking Lot Maintenance, Paved Areas, Snow/Ice Removal from Roofs and Sidewalks
Ta.
7.31.
to
Every Owner shall keep steps, walks, driveways, parking spaces and similar areas in
good repair so as to provide safe passage there along.
Every Owner shall remove, from the roof(s) and eave(s) of every building on their
Property, any snow or ice that could pose a health and safety hazard to Persons or
Property below, in the normal use of entrances, Highways, Sidewalks, walkways,
driveways or parking areas adjacent to such building(s).
Every Owner removing snow or ice from roof(s) or eave(s) of their building shall take
sufficient care while removing the snow or ice, to protect the safety of adjacent
pedestrian and vehicle traffic.
Composting
7.33.
7.34.
Fae.
Dust
7.36.
fof.
Light
7.38.
1.39.
7.40.
Every Owner shall keep composting material:
a) Ina Rear Yard of a Dwelling;
b) In a container or digester;
c) Covered tightly, except when being emptied or filled;
d) In a manner to deter Infestation;
e) Set back less than 1.2 metres (3.93 feet) from any Property line;
f) In acomposting structure/enclosure no larger than 1.0 square metres and 1.2 metres
(3.93 feet) in height, enclosed on all sides by concrete blocks or lumber, in a forty-
five (45) gallon container, a metal frame building with concrete floor, or a commercial
plastic enclosed container designed for composting.
No Owner shall keep a compost container, pile or digester used for composting in a
manner where an offensive odour is permitted to emanate.
Section 7.34 and 7.35 shall not apply to a Property if composting is necessary to the
operation of a permitted Use lawfully situated on the Property pursuant to the Zoning By-
law.
Every Owner shall keep their Property in a manner as to prevent accumulations of dust
or dirt from spreading to surrounding Properties.
Section 7.37 shall not apply to agricultural operation if the dust or dirt is necessary in the
operation of a permitted “use” lawfully situated on the Property pursuant to the Zoning
‘By-law (See Section 3(c))
No Owner shall allow an outdoor light to shine directly into the living or sleeping area of
an adjacent Dwelling.
No Owner shall cause or permit light to be broadcast directly from their Property onto
another Property.
An outdoor light shall not constitute a violation under Section 7.39 or 7.40 if the Owner
or occupier of the Property shields the light from shining directly at the living or sleeping
areas of the adjacent Dwelling.
Graffiti
10
West Perth
7.41. Every Owner shall keep their Property free of Graffiti.
7.42. No Owner shall allow, permit or cause Graffiti to be placed on any Property within the
Municipality.
Standing Water, Swimming Pools & Ponds
7.43. No Owner shall allow Standing Water on their Property for a period in excess of three
(3) days, including but not limited to on the ground, in Waste, debris accessory
structures or Property.
7.44. Every Owner shall keep a swimming pool, hot tub, wading pool or artificial pond free from
Standing Water, in working condition and in good repair.
7.45. Any Owner of Property where a natural pond or marsh exists, when ordered by the
Medical Officer of Health, shall take steps to remedy any significant medical hazards
identified by the Medical Officer of Health. Not limiting the foregoing, steps to remedy
the situation may include the filling or draining of the body of water or the treatment of
the body of water with a larvicide.
Sewage
7.46. No Owner shall discharge or permit the discharge of Sewage onto the surface of the
Property whether into a natural or artificial surface drainage system.
Drainage on Private Property
7.47. Every Owner shall keep all storm water, run-off from downspouts and impervious
surfaces, contained within the limits of the Property until absorbed by the soil or drained
to a swale, watercourse or storm sewer.
7.48. Every Owner shall keep all storm water, including roof drainage, drained in a manner so
as to prevent recurrent or excessive ponding or entrance of the storm water to a
basement or cellar.
7.49. No Owner shall permit roof drainage from being discharged directly onto Highways,
Sidewalks, stairs or onto an adjacent Property.
7.50. Every Owner shall keep catch basin and storm drains installed on their Property in good
repair and free from conditions that would impede the natural flow of water.
7.51. No Owner shall obstruct or permit the obstruction of a watercourse on their Property.
7.52. Every Owner shall ensure that adequate drainage is installed on their Property.
7.53. No Owner shall fill, grade, re-grade or alter their Property in a way that changes existing
surface drainage patterns or creates additional storm water run-off to any adjacent
Property.
7.54. No Owner shall discharge any swimming pool, hot tub or sump pump onto Highways,
Sidewalks, or adjacent Properties.
Boulevards
7.55. Every Owner shall keep Boulevards adjacent to their Property:
a) Free from ground cover at a height of no more than 20.32 centimetres (8 inches) and
Weeds;
b) Free from hazardous objects or materials;
c) Free from excrement;
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West Perth
d) Free from Refuse and Waste or other debris.
7.56. Section 7.52 does not apply to the Owner of a Property located outside of a Settlement
Area, as defined in the Official Plan.
PART VI — ENFORCEMENT
8.
6.1,
8.2.
8.3.
8.4.
8.5.
8.6.
8.7.
8.8.
9.1.
Authority
This By-law shall be administered by the Clerk, or any such Person appointed by the
Municipality for that purpose.
This By-law may be enforced by a Municipal Law Enforcement Officer (MLEO), or any
other Person appointed by the Municipality for that purpose.
The Municipality may, at any time, request the assistance of a Person possessing
special or expert knowledge to enforce any part of this By-law.
An Officer shall determine what shall constitute a health, fire or safety hazard.
In the case of a health, fire or safety hazard, an Officer may compel that said hazard
be removed forthwith without the Order described in Section 9.1 of this By-law.
An Officer may enter on land at any reasonable time for the purpose of enforcing this
By-law and any Order or condition imposed under the authority of this By-law.
With regard to inspections being conducted on agricultural lands where biosecurity
measures are in effect and the lands are posted as such, an Officer shall follow
accepted provincial guidelines for conducting inspections on lands with active livestock
operations, and
a) All such inspections will be conducted as the last scheduled inspection of the
working day and only one such inspection will be conducted per working day; and
b) All such inspections shall be conducted in the company of the owner/operator of
the livestock operation or his/her designate.
For the purpose of enforcing this By-law, a MLEO may, alone or in conjunction with a
Person possessing special or expert knowledge:
a) Require the production of documents or things relevant to an inspection;
b) Inspect and remove documents or things relevant to an inspection for the purpose
of making copies;
c) Require information from any Person concerning a matter related to an inspection;
and
d) Make examinations, take tests or samples or photographs necessary for the
purpose of the inspection.
Orders
Where the Municipality is satisfied that a contravention of this By-law has occurred,
the Municipality may make an Order requiring the Person who contravened this By-
law, or caused or permitted the contravention, or Owner or occupier of the land on
which the contravention occurred, to discontinue the contravening activity or to do
work to correct the contravention.
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West Pert h
9.2.
9.3.
9.4.
An order under this By-law shall set out:
a) Reasonable particulars of the contravention adequate to identify the contravention
and the location of the land on which the contravention occurred; and
b) The date by which there must be compliance with the order; and
c) The work to be done and the date by which the work must be done.
Any Person who contravenes an order under Section 9.2 of this By-law is guilty of an
Offence.
If a Person fails to do a matter or thing, including comply with an order under this By-
law, as directed or required by this By-law, the Municipality may, in default of it being
done by the Person directed or required to do it, do the matter or thing at the Person’s
expense. The Municipality may recover the cost of doing a matter or thing 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 matter as municipal taxes.
10.Service of Orders, Notice and Decisions
10.1.
10.2.
An order, notice of decision under this By-law shall be served personally or by
registered mail. A copy of the order, notice or decision may also be:
a) Emailed to the last known email address of the Person to whom the order, notice
or decision is directed;
b) Deposited in a mailbox or mail slot of the Person to whom the order, notice or
decision is directed;
c) Sent by pre-paid regular mail to the last known address of the Person to whom the
order, notice or decision is directed.
Where service is made by:
a) Registered mail, it shall be deemed to be made on the second (2") day after the
date of mailing;
b) Personal service shall be deemed to be made on the day the order, notice or
decision served was delivered.
11.General Offence Provisions
TA
T1.2.
11.3.
No Person shall provide false information or give a false statement to an Officer,
employee and/or agent of the Municipality in the lawful exercise of a power or duty
under this By-law.
No Person shall hinder or obstruct, nor attempt to hinder or obstruct, either directly or
indirectly, an Officer, employee and/or agent of the Municipality in the lawful exercise
of a power under this By-law.
Every Person shall comply with any order or notice issued under the authority of this
By-law.
12.General Penalty Provision
721.
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 Provinces Offences Act, 1990,
as amended.
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West Perth
42.2. Each day on which a Person contravenes any provision of this By-law shall be
deemed to constitute a separate offence under this By-law as provided for in section
429(2) of the Act, as amended.
12.3. This By-law shall come into full force and effect upon approval of the set fine schedule
hereto attached as Schedule “A” of this By-law, and will repeal and replace By-laws
021-2003, 022-2003 and 68-2005.
Read a first and second time this 22" day of April 2025.
Read a third and final time and finally passed this 22"¢ day of April 2025.
Clerk James Hutson
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West Perth
Schedule “A”
Municipality of West Perth
Part | Provincial Offences Act
By-law 18-2025: Tidy Yards By-law
ITEM COLUMN 1 COLUMN 2 COLUMN 3
Short Form Wording Provision creating or Set Fine
defining Offence
1 Fail to keep Property free of Refuse | Section 7.1 $ 300.00
2 Fail to keep suitable ground cover Section 7.2 $ 200.00
rc Fail to keep grass in a living Section 7.3 $ 200.00
condition
4 Fail to keep grass at a height of no Section 7.4 $ 200.00
more than 20.32 centimetres (8
inches)
ra) Fail to keep Naturalized Garden ina _ | Section 7.5 $ 200.00
living condition
6 Fail to maintain Naturalized Garden | Section 7.6 $ 200.00
on a Buffer Strip at a height of no
more than 20.32 cm (8 inches) in
length
7 Fail to maintain Naturalized Garden | Section 7.7 $ 200.00
on a Perimeter Sirip at a height of
20.32 cm (8 inches) in length
8 Keep overgrown vegetation Section 7.8 $ 200.00
9 Fail to keep Property free from Section 7.9 $ 200.00
Weeds, dead trees, tree branches or
shrubs
10 Allow a tree, shrub or hedge to Section 7.10 a) $ 300.00
interfere with public safety
11 Allow a tree, shrub or hedge to affect | Section 7.10 b) $ 300.00
safety of vehicular or pedesirian
traffic
12 Allow a tree, shrub or hedge to Section 7.10 c) $ 300.00
obstruct a hydrant, water valve or
utility
1s Allow a tree, shrub or hedge to Section 7.10 d) $ 300.00
obstruct view for vehicular traffic
14 Allow a tree, shrub or hedge to Section 7.10 e) $ 200.00
encroach on a Sidewalk or Highway
15 Fail to keep Property ungraded for Section 7.11 $ 200.00
more than 14 days
16 Fail to keep Property in an Section 7.11 $ 200.00
uncovered state for more than 30
days
17 Fail to keep Property free of Section 7.13 b) $ 200.00
Infestation
18 Fail to keep Refuse stored in Section 7.13 c) $ 200.00
receptacles
19 Allow household Waste to be stored | Section 7.14 $ 200.00
in the Front Yard, Side Yard or
storage facility
20 Fail to remove locks and doors from | Section 7.15 $ 200.00
refrigerator or freezer
21 Fail to keep flammable materials Section 7.16 $ 200.00
safely stored
Page 1 of 3
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West Perth
Page 2 of 3
aoe Fail to keep outdoor storage ata Section 7.18 a) $ 300.00
non-residential Property free from
Litter
23 Fail to keep outdoor storage at a Section 7.18 b) $ 200.00
non-residential Property screened
24 Fail to keep balcony, porch or deck | Section 7.19 $ 200.00
free of Refuse
25 Fail to keep Waste chute, disposal Section 7.20 $ 200.00
room or area clean
26 Throw, place or deposit Refuse on Section 7.21 $ 300.00
any Property
27 Throw place or deposit leaves, Section 7.22 $ 300.00
grass, dirt, snow or ice on a Highway
or Sidewalk
28 Fail to keep Property free of holes or | Section 7.23 a) $ 300.00
excavations
29 Fail to keep a hole or excavation Section 7.23 b) $ 300.00
fenced
30 Fail to keep a lid on an open well Section 7.23 c) $ 300.00
31 Fail to keep unused well or septic Section 7.23 d) $ 300.00
tank safely filled
32 Store Derelict Motor Vehicles on a Section 7.24 a) $ 300.00
Property
ao Store Unlicensed Motor Vehicles on | Section 7.24 b) $ 300.00
a Property
34 Store Motor Vehicle Section 7.24 c) $ 300.00
parts/components on a Property
35 Store wrecked, dismantled, Section 7.24 d) $ 300.00
discarded, inoperative, abandoned
vehicle/machinery/Trailer/boat on a
Property
36 Keep a Cargo Container in a non- Section 7.27 $ 300.00
permitted zone
37 Failure to keep steps, walks, Section 7.30 $ 200.00
driveways in good repair
38 Failure to remove snow and ice from | Section 7.31 $ 200.00
the roof and/or eave of a Property
39 Failure to keep composting materials | Section 7.33 a) $ 200.00
in a Rear Yard
40 Failure to keep composting material | Section 7.33 b) $ 200.00
in a container or digester
44 Failure to keep composting material | Section 7.33 d) $ 200.00
in a manner to deter Infestation
42 Failure to keep composting material | Section 7.33 e) $ 200.00
set back 1.2m
43 Failure to keep composting material | Section 7.33 f) $ 200.00
in a pile no larger than 1.0m? and
1.2m in height
44 Keep a compost container or pile Section 7.34 $ 200.00
which emanates odour
45 Failure to keep Property from Section 7.36 $ 200.00
spreading dust and dirt
46 Allow an outdoor light to shine into Section 7.38 $ 200.00
living or sleeping area of an adjacent
Dwelling
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West Perth
f
Page 3 of 3
47 Cause or permit light to be broadcast | Section 7.39 $ 200.00
onto another Property
48 Failure to keep Property free of Section 7.41 $ 200.00
Graffiti
49 Allow Graffiti to be placed on a Section 7.42 $ 200.00
Property
50 Allow standing water on Property in | Section 7.43 $ 200.00
excess of 3 days
a Fail to keep a swimming pool, hot Section 7.44 $ 200.00
tub or pond in working condition and
free of Standing Water
ae Discharge of Sewage on the surface | Section 7.46 $ 300.00
of the Property
pS Failure to keep storm water Section 7.47 $ 200.00
contained within limits of the
Property
54 Allow roof drainage to discharge Section 7.49 $ 200.00
directly onto a Highway
55 Failure to keep catch basin and Section 7.50 $ 200.00
storm drains in good repair
56 Obstructing a watercourse on Section 7.51 $ 300.00
Property
57 Failure to install adequate drainage | Section 7.52 $ 300.00
on Property
58 Fill, grade, re-grade or alter a Section 7.53 $ 300.00
Property, changing existing surface
drainage
59 Discharge pool, hot tub or sump Section 7.54 $ 200.00
pump onto Highway, Sidewalk or
adjacent Properties
60 Failure to keep adjacent Boulevard Section 7.55 a) $ 200.00
free from ground cover
61 Failure to keep adjacent Boulevard Section 7.55 b) $ 200.00
free from hazardous materials
62 Failure to keep adjacent Boulevard Section 7.55 c) $ 200.00
free from excrement
63 Failure to keep adjacent Boulevard Section 7.55 d) $ 200.00
free from Refuse
64 Provide false information to an Section 11.1 $ 500.00
Officer
65 Hinder/Obstruct an Officer Section 11.2 $ 500.00
66 Fail to comply with an order Section 11.3 $ 500.00
“NOTE: the penalty provision for the offences indicated above is Section 12.1 of By-law No. 18-
2025, a certified copy of which has been filed”.
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