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The Corporation of the Township of Wollaston
By-Law 25-14
Being a By-law to prohibit the placing or depositing of refuse or debris,
waste material or wastes on private property or municipal property.
WHEREAS the Municipal Act, 2001, Section 127, as amended, provides that
Councils of local municipalities may pass by-laws to require the owner or occupant of
land to clean and clear the land, or to clear refuse or debris from the land, not including
buildings and to prohibit the depositing of refuse or debris on land without the consent of
the owner or occupant of the land;
AND WHEREAS The Municipal Act, 2001, Section 446, as amended, a municipality
may direct or require a person to do a matter or thing, or in default of it being done by
the person, the matter or thing shall be done at the person's expense and further that
the municipality may recover the costs of doing such matter or thing by adding the costs
to the tax roll and collecting them in the same manner as property taxes;
AND WHEREAS the Council of the Corporation of the Township of Wollaston deems it
necessary and in the public interest to enact a By-law to prohibit littering of private or
municipal property for all residential, commercial and industrial uses;
NOW THEREFORE The Council of the Corporation of the Township of Wollaston
enacts as follows:
1. DEFINITIONS
In this by-law:
'Commercial or Industrial Waste' means any article, thing, matter or any effluent
belonging to or associated with 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.
'Heavy pick-up wastes' means weighty or bulky articles such as furniture, bed springs,
mattresses, barrels, boxes, water and fuel tanks (empty only) and any other discarded
material which would normally accumulate at a dwelling.
'Household waste' means ashes, garbage, rubbish, discarded material, clothing, waste
paper, broken crockery, glassware, and other such articles as would normally
accumulate at a dwelling, but shall not include weighty or bulky articles such as stoves,
mattresses, furniture, barrels, boxes, trees, discarded truck and automobile parts, tires,
batteries, manufacturer's waste, water and fuel tanks, liquid waste, straw, hay and
manure, carcass of any dead or live animal, animal feces, natural soil, earth, sand, clay,
gravel, stones or other excavated materials and fence wire.
'Municipal property' means any property under the jurisdiction of the Municipality.
'Municipality' means the Corporation of the Township of Wollaston.
'Person' means a natural person, unincorporated association or organization, firm,
partnership, private club, corporation, agent or trustee· and the heirs, executors,
administrators, or other legal representatives of a person to whom the context can apply
according to the by-law.
'Private property' means privately owned property zoned for residential, commercial or
industrial use.
'Refuse or debris' shall include sand, rock, gravel, grass, weeds, liquids, domestic
garbage, trees, asphalt, concrete or pieces thereof or any commercial or industrial
waste.
'Waste material' includes: garbage, rubbish, discarded building materials, refuse or
junk, boulders in excess of 0.028 cubic metres, trees or tree stumps, tin cans, bottles,
boxes or other containers, derelict or inoperative motor vehicles, derelict, abandoned or
inoperable machinery, appliances and furnishings, both household and commercial,
agricultural waste or sewage, or any liquid waste accumulated from home or place of
business, and animal carcasses.
'Waste' shall mean any or all of the definitions of this section for the purposes of this
bylaw, including heavy pick-up wastes, household wastes, refuse or debris and waste
material.
2. OFFENCES
2.1 No owner shall allow or permit the creation, presence or existence of excessive
amounts of any refuse or debris, waste material or wastes in or upon any yards, vacant
lots, grounds or buildings which such owner owns, rents, occupies or has an interest,
whether such interest is legal or equitable.
2.2 No person shall throw, place or deposit any refuse or debris, waste material or
wastes on private property or on the property of the municipality or any local board
thereof without the authority from the owner or occupant of such property.
3. REMOVAL
Where the property owner or municipal authorities are required to remove any refuse or
debris, waste material or wastes deposited on their property, the full costs of such
removal shall be recoverable from the person responsible or the property owner
responsible for such littering or discarding.
4. NOTICE UNAUTHORIZED DUMPING IN MUNICIPAL PROPERTY CONTAINERS
The municipality may post notice that unauthorized dumping in a container or dumpster
placed on municipal property is prohibited in accordance with this by-law.
5. INSPECTIONS
The By-law Enforcement Officer, or other person appointed for the purpose of enforcing
this by-law
a) has the power to enter upon and examine any yards, vacant lots, grounds or
buildings, other than a dwelling, at any reasonable time or times, and
b) may be accompanied by such other person or persons as they deem necessary to
properly carry out their duties under this by-law.
6. NOTICE OF REMEDY
6.1 The By-Law Enforcement Officer may, by personal service or by notice sent by
registered mail to the owner of the land or structure, require the Owner within the time
specified in the notice:
a) To clean, clear or remove from the land refuse or debris, waste material or wastes of
any kind;
b) To cease using the land for the dumping or disposing of refuse, debris, waste
material or wastes of any kind
c) To temporary cover over, screen, shield or enclose the refuse, debris, waste material
or waste until such time as it is removed in the manner prescribed by the Officer;
6.2 Every notice to an owner shall be sent to the address shown on the last revised
assessment roll or to the last known address.
6.3 In the event the Officer is unable to serve such notice under the provisions of this
Section, the notice may be posted in a conspicuous place on the property, and the
placing of the notice shall be deemed to be sufficient service of the notice on the
property owner.
7. REMEDIATION
7.1 Where the owner is in default of doing any matter or thing directed or required to be
done under this by-law, the By-Law Enforcement Officer may direct the completion of
such at the owner's expense.
7.2 Where any matters or things are removed in accordance with subsection 10.1, such
matters or things may be immediately disposed of by the Officer.
7.3 The Township may recover the remedial action and enforcement costs incurred
under subsection 10.1 by action, or by adding them to the tax roll and collecting them in
the same manner as taxes in accordance with Section 446 of the Municipal Act.
8. OTHER LEGISLATION
If this by-law conflicts with the provisions of any other by-law of the County of Hastings
the provisions of that by-law prevail to the extent of the conflict.
9. VALIDITY AND SEVERABILITY
Should any section, subsection, clause, paragraph or provision of this by-law be
declared by a court of competent jurisdiction to be invalid or unenforceable, the same
shall not affect the validity or enforceability of any other provision of this by-law or of the
by-law as a whole.
10. PENALTY
In addition to any other penalty prescribed by this by-law, 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.P.33.
11. SHORT TITLE
This by-law shall be cited as the "Clean Municipality" by-law.
12. FORCE AND EFFECT
This by-law shall come into force and effect upon the day of final passage thereof.
PASSED THIS 10th DAY OF JUNE, 2014.
__________________________ ____________________________
Dan McCaw, Reeve
Jennifer Cohen, Clerk
Set Fine Schedule
The Corporation of the Township of Wollaston
Part 1 Provincial Offences Act
Bylaw 25-14 Depositing of Refuse
Column 1
Short Form Wording
Column 2
Provision creating
or defining offence
Column 3
Set Fine
1.
Unauthorized creation of any
refuse or debris, waste
material
2.1
$500.00
2.
Unauthorized presence of
any refuse or debris, waste
material
2.1
$500.00
3.
Unauthorized throwing of any
refuse, debris or waste
material
2.2
$500.00
4.
Unauthorized placing or
depositing of any refuse,
debris or waste material
2.2
$500.00
Note: the general penalty provision for the offences listed above is section 10 of
by-law 25-14, a certified copy of which has been filed.