Garbage Bylaw 140-99 (as amended)

Haines Junction, Yukon

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VILLAGE OF HA]NES JTJNCTION BYLAW # 140-99 ,-b%_____ A bylaw ofthe Village ofHaines Junction to provide for the maintenance and operation of r - the municipal landfill site. WHEREAS Section 265 ofthe Municipal Act, being Chapter 19, Statutes ofthe Yukon Territory and amendment, authorizes the Council ofthe Village ofHainesjunction to regulate the collection, removal and disposal ofgarbage, reffise and ashes NOW THEREFORE, the Council ofthe Village ofHaines Junction in open meeting assembled, hereby ENACTS AS FOLLOWS: SHORT TIThE: 1 . This Bylaw may be cited as the "Garbage Bylaw". , , 2. Inthisbylaw, (a) "APARTMENT BUILDING" means a building consisting ofnot less than four (4) dwelling units as hereinafter, each ofwhich is occupied as a permanent home or residence ofone (1) person or family. (b) "ViLLAGE" means the Village ofHaines Junction. (c) "COMMERCIAL PREMISES" means a café or restaurant, warehouse, wholesale or retail business place, motel/hotel, office building, garage or service station, factory, or industrial plant, or any other building or premises except a residential dwelling or apartment building 14 (d) "COMMERCIAL WASTE" means material from excavation; material from lot clearing and building removed, demolished or destroyed by fire, or any other cause; material from manufacturing processes; waste from garages and service stations: condemned matter or waste from factories; material from retail outlets or other works, or from warehouses or market gardens; ashes from industrial plants; and other similar waste material other than human or animal excrement, hazardous waste, or garbage. (e) "CONTAINER" means any container other than a garbage can, approved in writing by the Village for the storage of garbage, recyclables, compostables or commercial waste. (0 "CONTROLLED WASTE" means material which must be disposed of according to specific procedures and includes but is not limited to: waste asbestos, animal carcasses, large metallic waste (automobiles, freezers, etc.), grubbing from construction sites, and waste oil. (g) "COUNCiL" means the Council ofthe Village ofHaines Junction. : (h) "DWELLiNG UNIT" means one (1) or several rooms constituting a self- contained unit and used or intended to be used together for living and sleeping purposes by one (1) or more persons. (1) "GARBAGE" means discarded or rejected ashes, soiled disposable diapers, wrapping, sweepings and other items of household refuse, but does not include human or animal excrement, animal carcasses, commercial waste, hazardous waste or recyclables or compostables. G) "GARBAGE CONTAINER" means a metal or other approved receptacle designed and constructed for the purpose ofdisposing ofgarbage and intended for use with a vehicle utilizing a lift mechanism for emptying such containers. Bylaw 140-99 Page 2 (k) "HAZARDOUS WASTE" means any explosive, flammabl, volatile, noxious, radioactive or dangerous device, substance or thing, and includes but is not limited to such items as paint remover, BBQ starter, spray-on oven cleaner. (1) "HOUSEHOLDER" means any person occupying any dwelling or place of residence, but shall not include any person who is merely a roomer, boarder, or lodger therein, or any occupant ofthe apartment house. (m) "INDUSTRIAL WASTE" means material from excavatiØñ material from lot clearing and building construction, repairs, alterations, or:, maintenance; debns from any building removed, demolished or destroyed by fire or any other cause; material from manufacturing processes; warehouses or market gardens; ashes from industrial plants; condemned matter or waste ftom factories; any other material or waste or by-product of an industrial or related activity. (n) means the occupant of commercial premises and the person in charge of an apartment building and, where such premises are unoccupied, means the owner thereof. (0) "RESIDENTIAL DWELLiNG" means a detached building containing no more than three (3) dwelling units, and may include a single family home, duplex or triplex, mobile home, or modular home. (p) "SCAVENGiNG" means to salvage from discarded or refuse material. (q) "SITE ATTENDANT" means a person designated by the Village to supervise the operation ofthe solid waste disposal site and the dumping of material therein. (r) "SOLD WASTE DISPOSAL SITE" means an area designated and established for the use ofresidents ofthe area for the disposal ofgarbage and commercial waste. (s) "STREET" means a public thoroughfare having a right-of-way over thirty (30) feet in width, which affords the principal means ofaccess to abutting properties. GENERAL: 1 . for the purpose of fire protection and safety, the Village does not allow burning at the solid waste disposal site. 2. No person shall deposit any garbage or refuse at any time on any access road or driveway to the solid waste disposal site. 3 . The following items shall be deposited only in such quantities as pproved by the Public Works Department. (a) Lumber or other building material. . I j (b) Brush or other land clearing refuse. 4. No householder, proprietor, or other person shall dispose ofgarbage or commercial waste in any manner other than: .; . (a) in garbage cans or containers that he supplies for this purpose; or (b) by transporting same to the solid waste disposal site. .ci- Bylaw 140-99 Page 3 5 . Except in accordance with this bylaw, no householder, proprietor, or other person shall dispose ofgarbage, industrial or commercial waste in any manner other than: (a) by transporting same to the solid waste disposal site. 6. Except as otherwise specifically provided in this bylaw, the collection, removal and disposal ofgarbage shall be under the supervision ofthe Village. 7. The removal and disposal ofgarbage from areas ofthe Village shall be the responsibility ofthe owners or proprietors and disposed of only under the direction ofthe site attendant or in accordance with signs posted on site. 8 No "Scavenging" by unauthorized individuals may take place at the domestic garbage landfill site. 9 The owner, tenant, occupant, or person in charge of a dwelling or other biilding shall at all times ensure that garbage or commercial waste is keptwitffln the garbage cans or other containers provided for that purpose, and not allowed to spill over or accumulate on any street, or adjoining public or private property. The owner shall be held ftilly responsible for any violation of this sectiàn regardless of the cause of such violation '1J 10. No person shall directly or otherwise dispose ofor permit any person to dispose of any hazardous waste in any garbage can, container or solid waste disposal site, hazardous waste shall be handled and disposed of in accordance with the conditions stipulated by the Village. 1 . The Village is hereby authorized to regulate the operation ofthe solid waste disposal site and the dumping ofgarbage, industrial waste and commercial waste therein, and to designate as site attendants those persons requiredto control such operation and dumping. -j 1 2. Every person using a solid waste disposal site for the dumping ofgarbage, industrial waste or commercial waste shall comply with all directions relating to movement ofvehicles in the disposal site and the dumping ofmateñal, which are given by the site supervisor, or by means of signs erected at the direction ofthe Village. i. 13 . No person shall operate a vehicle in the Village while it is carrying garbage or industrial or commercial waste unless the portion ofthe vehicle in which the material is being carried is securely covered, or the material is seced to prevent any part of such material from falling ofl or out of the vehicle while in transit. (a) No person shall leave a vehicle unattended in the portion ofthe landfill site under control ofthe attendant or supervision ofthe Public Works department. Motorized toboggans are prohibited from entering the controlled portion ofthe site. 14. Notwithstanding any other provision ofthis bylaw, composting ofgarden refuse and grass cuttings is acceptable when done in a manner satisfactciy o the Village. (a) Placed in the proper designated area ofthe solid waste site. APARTMENTS: ,. 1 5 . The owner or operator of every apartment building shall provide ufflcient garbage containers to containthe normal garbage generated from those premises and shall provide an enclosure or location satisfactory to the Village to contain such garbage prior to its removal from the premises. Bylaw 140-99 Page 4 COMMERCIAL: 16. No person shall place or keep any garbage can or container for commercial waste upon any lane or street in the Village without first having obtained written permission ofthe Village, or as specifically provided for in this bylaw 1 7. The owner of every commercial premises shall provide sufficient aFbage containers to contain the normal garbage generated from those premises and shall provide an enclosure or location satisfactory to the Village to contain commercial waste. 8 . The removal of commercial waste from commercial and other premises and the full cost thereof shall be the sole responsibility ofthe proprietor or owner of such premises. 1 9. For the purpose of facilitating waste diversion and recycling acdvities, all commercial and institutional users must separate cardboard and other recyclables as identified by Council resolution, prior to delivering it to the waste management site. ; iNDUSTRIAL: 20. The removal and disposal ofindustrial waste shall be the sole responsibility of the proprietor or producer of such waste. 21 . Those persons wishing to dispose of industrial waste in any solid áste disposal site shall first contact the Village for written permission. ,. 22. The Village reserves the right to control the type, nature and volunie of industrial waste which is deposited in any solid waste disposal site. VIOLATION: 23 . Every person who violates any provision ofthis bylaw is guilty of an offence and liable on summary conviction on a first offense under this bylaw, to a fine of not less than One Hundred Dollars ($100.00) and not exceeding Twoflundred Dollars ($200.00) or to imprisonment as set out in the Summary Convictions Act of the Yukon. On the summary conviction for a second or subsequent offense under this bylaw the person so responsible is liable to a fine ofnot less than Two Hundred Dollars ($200.00) and not more than Five Hundred Dollars ($500.00) or to imprisonment as set out in the Summary Convictions Act ofthe Yukon 24. The invalidity of any section, clause, sentence, or provision ofthis ylaw shall not affect the validity of any other part ofthis bylaw which can be given effect without such invalid part or parts. 25 . This bylaw shall come into full force and effect on the final passing thereof. Read a First Time this the 2 %'I day of Cc*be r- 1999 Read a Second Time this the Fb day of0 JcJax r 1999 Read a Third Time and Finally passed this the /OfA day of AJOXr'4'r' 1999 , , t/: ;; 4 Mayor Burton Municipal Clerk