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l
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lHE CORPORATION OF THE MUNICIPALITY OF WHITESTONE
BY-LAW NO. 61-2011
Being a By-Law to amend By-Law 34-2000, being a by-law
to require and regulate the filling up, draining, cleaning
and clearing of grounds, yards or vacant land
WHEREAS Section 127 of the Municipal Act, 2001 Revised (formerly section 210(80)
of the Municipal Act, RSO 1990, cM.45, as amended), empowers Councils of
Municipalities to pass by-laws for requiring and regulating the filling up, draining,
cleaning and clearing of any grounds, yards or vacant lots;
AND WHEREAS Council passed a By-Law 34-2000 to require and regulate the filling
up, draining, cleaning and clearing of grounds, yards or vacant land on April 26, 2000;
AND WHEREAS it is deemed advisable that the Municipality of Whitestone amends
By-Law 34-2000;
Now therefore the Council of the Corporation of the Municipality of Whitestone hereby
enacts as follows:
1.
That By-Law 34-2000 be amended as follows:
Eliminate the following in Article 4 - Notice:
1.4.5
Regulation-inspection - prohibition - applicable
1.4.6
Conflict - other enactments
2.
This by-law shall come into force and take effect upon passage by Council.
Read a First and Second time this 8th day of December, 2011.
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CAO-Clerk
Liliane Nolan
Read a Third time and Passed, Signed and Sealed this 8th day of December 2011.
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CAO-Clerk
Liliane Nolan
THE CORPORATION OF THE MUNICIPALITY OF WHITESTONE
BY-LAWNO. 34-2000
A By-law to require and regulate the filling up, draining,
cleaning and clearing of any grounds, yards or vacant land.
WHEREAS Section 210(80) of the Municipal Act, F,S.O. 1990, c.M.45, as amended,
empowers Councils of Municipalities to pass by-laws for requiring and regulating the
filling up, draining, cleaning and clearing of any grounds, yards or vacant lots;
AND WHEREAS the Council of the Corporation of the Municipality of Whitestone
deems it necessary and expedient to pass such a by-law;
Article 1
SHORT TITLE
1.1.1
The short title of this is the Clean and Clear By-law
. 1.2.1
1.2.2
1.23
1.2.4
1.2.5
1.2.6
1.2.7
1.2.8
1.2.9
1.2.10
1.2.11
1.2.12
1.3.1
1.3.2
1.33
1.3.4
1.3.5
1.3.6
1.3.7
1.3.8
1.3.9
1.3.10
1.3.11
Article2
INTERPRETATION
Clean or cleared up - defined
Domestic waste - defined
Industrial waste - defined
Inoperative motor vehicle - defined
Inspector- defined
Municipality- defined
Owner- defined
Person - defined
Responsible person - defined
Salvage material - defined
Sewage - defined
Waste material - defined
Article3
GENERAL PROVISIONS
· Land - drained - clean - clear- filled
Waste - domestic - industrial - deposit- prohibited
Dumping - storage - on private property- consent
Dumping-, storage - on Municipal property- consent
Sewage - drainage- sanitary disposal - responsibility
Land- maintained - free and clear- all waste
Land - structure - in Municipality- waste disposal - prohibited
Exemptions - dumping - Municipal structures - purpose
Garbage - waste - covered - as prescnoed
Vehicle - dismantled - storage - restricted
Regulation - inspection - prohibition - applicable
Article4
NOTICE
1.4.1
Service- by Inspector- requirements
1.4.2
Service- on owner- lessee- last !mown address
1.4.3
Service - on occupant- affected property
1.4.4
Land- structure- identified
1.4.5
Regulation- inspection-proluoition -applicable
1.4.6
Conflict- other enactments
Article 5
INSPECTION - LAND -STRUCTURE
1.5.1
Dumping- disposal - waste - detemrined
1.5.2
Vehicle-wrecking-salvaging-detennined
1.5.3
Compliance-with notice-detemrined
1.5 .4
Obstruction - hindrance -prohibited
1.6.1
1.6.2
1.6.3
1.6.4
1.6.5
1.6.6
1.6.7
1.6.8
1.6.9
1.6.10
Article 6.
INSPECTOR-AUTHORITY
Failure to comply-remedy-by Inspector
Matter - things - removed- disposal - immediate
Expenses - recovery - by Municipality
Health - safety-protected - nuisance - prevented
Storage - regulated items - enclosure - requirements
Compliance - time for- determination - consideration
Compliance - time for - detemrination - final
Compliance -time for- stipulated - in notice
Compliance - time for - extension
Inspector - cause to be done
Article 7
ENFORCEMENT
I. 7. I
Fine - for contravention
Article2
INTERPRETATION
1.2.1
Clean or cleared up - defined
2
For the pmpose of Section 1.3.1, "clean·and cleared up" includes the removal of weeds or
grass more than eight inches in height.
1.2.2
Domestic waste - defined
"domestic waste" means any article, thing, matter or any effluent belonging to or
associated with a house or household or concerning or relating to the home or family that
appears to be waster material; and for greater certainty, but not so as to restrict the
·
generality of the foregoing term of this Section, it is hereby declared that domestic waste'
extends to the following class.es of waste material:
(a)
accumulations, deposits, leavings, litter, remains, rubbish, trash;
(b)
refrigerators, freezers or other appliances, any attached hinges or latching,
locking or other closing mechanism or device, or any part thereof;
( c)
furnaces, furnace parts, pipes, fittings to pipes, water or fuel tanks or any
part thereof;
( d)
inoperative motor vehicles, vehicle parts and accessories;
( e)
paper, cartons;
(f)
furniture;
(g)
crockery;
(h)
sewage;
(i)
salvage materials;
G)
waste materials;
1.2.3
Industrial waste - defined
"industrial waste" means any article, thing, matter or any effluent belonging to or
associated with the industry or commerce or concerning or relating to manufacture or
concerning or relating to any trade, business, calling or occupation that appears to be
waste material or salvage material; and for greater certainty, but not so as to restrict the
generality of the foregoing terms of this Section, it is hereby declared that industrial
waste extends to the following classes of waste material;
(a)
articles, things, matter, effluent, which in whole or in part or fragments
thereof, are derived from or are constituted from or consist of:
3
(i)
agricultural, animal, vegetable, paper, lumber or wood products; or
(ii)
mineral, metal, steel, aluminum or other ferrous or non-ferrous
·
material or alloy, or chemical products, whether or not the products
are manufactured otherwise processed,.or are products or by-
products products manufactured or otherwise processed;
(b)
automotive parts, inoperative motor vehicles, batteries, vehicle parts,
mechanical equipment, mechanical parts, accessories or adjuncts to the
vehicles and mechanical equipment or any part thereoJ;
( c)
piping, tubing, conduits, cable and fittings or other accessories, or adjuncts
to the piping, tubing, conduits or cable;
( d)
containers of any size, any type or any composition;
( e)
material resulting from, or as part of construction or demolition projects;
(f)
rubble, inert fill;
(g)
bones, feather, hides;
(h)
sewage;
(i)
salvage material;
. G)
waste material;
1.2.4
Inoperative motor vehicle - defined
"inoperative motor vehicle" means a vehicle having missing part, including tires or
damaged or missing glass or deteriorated or removed metal adjunctions, which prevent its
mechanical function, or which does not have a current valid vehicle permit issued by the
Ministry of Transportation.
1.2.5
Inspector - defined
"Inspector" means a Municipal Law Enforcement Officer or a person employed by the
Municipality ..
1.2.6
Municipality- defined
"Municipality" means The Corporation of the Municipality of\Vhitestone
1.2. 7
Owner - defined
"owner" means an owner, lessee or occupant, whether in lawful occupation or not.
1.2.8
Person - defmed
"person'' includes a corporation.
1.2.9
Responsible person - defined
c~responsible person" means the person who,. in the opinion of the Inspector is the one
who has caused, acquiesced or allowed some dead or act to be done or undertaken.
1.2.10
Salvage material - defined
4
''salvage material" means any scrap metal, steel, plastic, rubber or other such materials or
substances or goods, of commercial value or not, collected, deposited, stored or kept for
any purpose such as, without limitation, finther cutting, sorting or processing, or
disposition elsewhere, including the storage of used motor vehicles for the purposes of
wrecking or dismantling them or salvaging parts thereof for sale or other disposal.
1.2.11
Sewage - defined
''sewage" 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.
1.2.12
Waste- defined
"waste material" means material or effluent that, in the opinion of the Inspector:
( a)
appears to have been cast aside or discarded or abandoned, whether it is or
not; or
(b)
appears to be worthless or useless or ofno practical value whether it is or
not; or
( c)
appears to be used up, in whole or in part, or expended or wom out in
whole or in part; or
( d)
is industrial waste or domestic waste.
Article3
GENERAL PROVISIO:NS
1.3.1
Land- drained - clean - clear- filled
Every owner shall keep his or her grounds, yard or vacant land filled up, drained, clean or
cleared up.
1.3.2
· Waste - domesti.c- industrial - deposit-'- prohibited
No person shall cause or permit waste material, domestic or industrial waste to be
deposited or remain on any land in the Municipality.
1.3.3
Dumping- storage- on private property- consent
.No person shall throw, place, deposit or store waste material, domestic or industrial
waste, refuse or debris on private property without the written authority of the owner of
the property and, where the property is occupied by someone other than the owner, in
addition to the owner, the written authority of the occupant.
1.3.4
Dumping - storage - on Municipal property - consent
No person shall throw, place or deposit waste material, industrial or domestic waste,
refuse or domestic waste, refuse or debris on Municipal property without the written
authority of the Municipality.
1.3.5
Sewage- drainage - sanitary disposal - responsibility
Every owner shall provide for the sanitary disposal of sewage and drainage from his or
her land or buildings.
1.3.6
· Land - maintained - free and clear - all waste
Except as provided in Sections 133 and 13.4 and 1.3.9, wery owner shall keep his or
her land free and clear of all waste material, garbage, refuse or domestic or industrial
· waste of any kind.
1.3.7
Land - structure- in Municipality-waste disposal - prohibited
No person shall use any land or structure within the Municipality for dumping or
disposing of waste material, garbage, refuse or domestic or indnstrial waste of any kind.
1.3.8
Exemptions - dnmping- Municipal structures -pnrpose
Sections 1.3.6 and 13. 7 do not apply to:
(a)
land or structnres used by the Municipality for tbe purpose of dumping or
disposing of garbage or refuse, or domestic or industrial waste; or
5
(b)
land designated by by-law of the Municipality fur the pmpose of dumping
or disposing of waste material, garbage or refuse, or domestic or industrial
waste.
1.3.9
Garbage -waste - covered - as prescribed
Every owner shall cover over or enclose any garbage, refuse, domestic waste of any kind
or industrial waste of any kind in such a manner as may be prescnbed by tbe fnspector in
writing.
1.3.10
Vehicle- dismantled- storage- restricted
Except as provided pursuant to any relevant licensing by-law in force from time to time
in tbe Municipality, no person shall use any land or struc!lJre in the Municipality foe
storing used motor vehicles for tbe pmposes of wrecking or dismantling tbeni or ·
salvaging part thereof for sale or other disposal.
1.3.11
Regulation - inspection - prohibition - applicable
This By-law applies to the regulation, inspection or prohibition of tbe matter referred to
in this By-law and shall be applicable to all such matters whether or not tbe matter to be
regulate, inspected or prolnbited was in existence prior to the date of tbe enactment of the
enabling by-law by Council.
Article 4
NOTICE
1.4.1
Service - by Inspector - requirements
The Inspector may, by notice served personally or sent by registered post served on the
owner, lessee or occupant of the land or structure, or the responsible person, require the
owner, lessee or occupant or responsible person, within tbe time specified in tbe notice;
(a)
to clean, clear or remove from tbe land or structure waste material,
garbage, refuse or domestic or industrial waste of any kind;
(b)
to cease using tbe land or structure for the dumping or disposing of
garbage, refuse, or domestic or industrial waste of any kind;
1.4.2
Service - on owner - less~ - last known address
Every notice to an owner or lessee shall be sent to the address shown on tbe last revised
assessment roll or to tbe last known address, and in tbe case of a responsible person, the
last known address for such person.
1.43
Service - on occnpant - affected property
Every notice sent to an occupant shall be to the address of tbe land or structure or to tbe
last known address of tbe occupant.
I :
6
1.4.4
Land - structure - identified
Every notice sent by the Inspector shall identify the land·or structure.
Article 5
INSPECTION -LAND- STRUCTURE
1.5.1
Dumping - disposal - waste - determined
The Inspector may inspect the use of any land.or structure for the pUipOSe of determining
whether the land or structure is used for dumping or disposing of waste material, garbage,
refuse, or domestic or industrial waste of any kind.
1.5.2
Vehicle - wrecking - salvaging - determined
The Inspector may inspect the use of any land or structnre for the purpose of determining
whether the land or structure is used for the storing of used motor vehicles for the
purpose of wrecking or dismantling them or salvaging parts thereof for sale or disposal.
1.5.3
Compliance -with notice - determined
The Inspector may inspect the use of any land or structure for the purpose of determining
whether the owner, lessee, occupant or responsible person has complied with any notice
sent by the Inspector.
1.5.4
Obstruction - hindrance- prohibited
Every owner, lessee, occupant or responsible person shall permit the Inspector to inspect
the land or structure for the purposes of Sections 1.5.1, 15.2 and 1.5.3.
Article 6
INSPECTOR-AUTHORITY
1.6.l
Failnre to comply - remedy- by Inspector
Where the owner, lessee, occupant or responsible person is in defanlt of doing the matter
or thing required to be done under this By-law, the Inspector may:
(a)
fill up, drain, clean or clear up the grounds, yard or vacant land;
(b)
remove refuse or debris;
( c)
provide for the sanitary disposal of sewage and drainage;
( d)
remove waste material, garbage, refuse or domestic or industrial waste;
( e)
remove used motor vehicles stored for the purpose of wrecking or
dismantling them or salvaging parts thereof for sale or other disposal.
1.6.2
Matters - things - removed - disposal - immediate
Where any of the matters or things are removed in accordance with Section 1.6.1, the
matters or things may be immediately disposed ofby the Inspector.
1.6.3
Expenses - recovery - by Municipality
The Municipality may recover the expense in doing a matter or thing referred to in
Section 1.6.I form the owner, lessee, occupant or responsible person directed or required
to do it by action, or in like manner as municipal taxes.
1.6.4
Health - safety- protected - nnisance - prevented
Where, in the By-law, the Inspector has the power to prescribe a manner by which
garbage, refuse, waste material, domestic or industrial waste ("regulated items'') be
covered over or enclosed, the said power shall be exercised to ensure that the regulated
items:
(a)
do not pose a health or safety hazard to the owner or members of the
public; and
(b)
do not create any visual or other nuisance.
1.6.5
Storage - regulated items - enclosure - requirements
As the circumstances may require, the Inspector may require:
(a)
that any of the regulated items be kept or stored completely within a
building or an enclosure ( designed or suitable for such pmpose);
(b)
. that any lancj area utilized for the storage of such regulated items be
completely enclosed by a fence constructed out of solid metal or wooden
materials, or wire mesh, and that such fencing shall be of a height not
greater than 12 feet; and
7
(c)
that in the case of keeping or storing regulated items inan enclosed area to
which clause (b) of this Section applies, that the height of the regulated
items within the relevant land area not exceed the top of the fence so
required.
1.6.6
Compliance - time or-' determination - considerations
. Where, pursnant to this By-law, the Inspector specify a time within whi.ch an act, event or
work shall be undertaken or done, the time so specified shall be determined by the
Inspector having regard to:
(a)
the nature and extent of the work to be done; and
(b)
whether any issue of public heaith or safety is involved in the matter
1.6. 7
Compliance - time for - determination - rmal ·
The determination by the Inspector as to what amount of time is appropriate shall be
final.
1.6.8
Compliance - time for- determination - final
The notice or order may stipulate a time by which an act, even or work shall be
completed or alternatively the time within which the act, even or work shall be
commenced. and require the same to be diligently and continuously pursued until
completed; and, so there is no uncertainty, the Inspector may specify a time for the
commencement of work and for the ultimate completion of the work.
1.6.9
Compliance - time for- extension
The Inspector may from time to time, in writing, extend the time for compliance,
performance or completion of any matter specified in a notice or order.
1.6.10
Inspector-cause to be done
The Inspector may cause to be done any matter or thing that the Inspector has the power
to do under Section 1.6.1 and 1.62.
Article 7
ENFORCEMENT
1.7.1
Fme-for contravention
Every person who contravenes any of the provision of this By-law is guilty of an offence
and upon conviction is liable to a fine or penalty as provided for in the Provincial
Offences Act.
I :
8
READ a FIRST and SECOND time this 26 day of April 2000.
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READ a THIRD time and passed this {/ b
day of ~
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