2014-031 Clean and Clear By-lawThe Corporation of the Township of Oro - Medonte
By -law No. 2014 -031
A By -law to provide for the maintaining of land in a clean and clear condition
and to Repeal By -law No. 2010 -076
"Clean and Clear By -law"
Whereas Section 127 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended,
provides that local municipality may require the owner or occupant of land to clean and
clear the land, not including buildings or to clear refuse or debris from the land, not
including buildings, and to regulate when and how these matters shall be done and to
prohibit the depositing of refuse or debris on land without the consent of the owner or
occupant of the land, as well as to define "refuse" for the purpose of this section;
And Whereas Section 131 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended,
provides that a lower -tier municipality may prohibit and regulate the use of land for the
storage of motor vehicles for the purpose or wrecking, dismantling them or salvaging
parts from them for sale or disposition;
And Whereas Section 444 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended,
provides that if a municipality is satisfied that a contravention of a by -law has occurred,
the municipality may make an order 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 discontinue the contravening activity;
And Whereas Section 445 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides if a municipality is satisfied that contravention of a by -law of the municipality
passed under this Act has occurred, the municipality may make an order 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 do work to correct
the contravention;
And Whereas Section 446 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides if a municipality has the authority under this or any other Act or under a by -law
under this or any other Act to direct or require a person to do a matter or thing, the
municipality may also provide that, in default of it being done by the person directed or
required to do it, the matter or thing shall be done at the person's expense;
And Whereas the Council of the Corporation of the Township of Oro - Medonte deems it
necessary, expedient and in the public interest to enact a By -law to require the owners
and occupants of land within the Township to keep such land clear of refuse that is in
contravention of the Township's Comprehensive Zoning By -law;
Therefore the Council of the Corporation of the Township of Oro - Medonte hereby
enacts as follows:
1. That Appendix "A" form part of this By -law.
2. This By -law may be cited as "The Township of Oro - Medonte Clean and Clear
By -law."
3. That By -law No. 2010 -076 is hereby repealed in their entirety.
4. This By -law shall come into full force and effect upon approval of set fines by the
Attorney General.
By -law read a First, Second and Third time, and Passed this 5t" day of March
2014.
The Cdrpprgbon,3f the Township of Oro - Medonte
Hqghes
Irwin
Appendix "A"
to By -law No. 2014 -031 for
The Corporation of the Township of Oro - Medonte
For the purpose of this By -law:
"Domestic Waste" means any article, thing, matter or any effluent belongings to or
associated with a house or household or concerning or relating to the home or family
that appears to be waste material; and for the greater certainty, but not so as to restrict
the generality of the foregoing terms of this provision, it is hereby declared that domestic
waste extends to the following classes 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;
c) Furnace, furnace parts, pipes, fitting to pipes, water or fuel tanks;
d) Inoperative motor vehicles and motor vehicle parts including but not
limited to tires, mechanical equipment, mechanical parts, accessories or
adjuncts to the motor vehicles and mechanical equipment;
e) Inoperative watercrafts and watercraft parts including but limited to
mechanical equipment, mechanical parts, accessories or adjuncts to the
watercraft and mechanical equipment;
f) Papers, cartons;
g) Furniture;
h) Crockery;
i) Sewage;
j) Salvage materials;
k) Waste Materials;
1) Yard Waste.
"Industrial Waste" means any article, thing, matter or any effluent belongings to or
associated with industry or commerce 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 the greater certainty, but not so as to restrict the generality
of the foregoing terms of this provision, it is hereby declared that industrial waste
extends to the following classes of waste material:
a) Articles, things, matter or effluents, which in whole or in part or fragments
thereof, are derived from or are constituted from or consist of;
i) agriculture, animal, vegetable, paper, lumber or wood products;
ii) mineral, metal, or chemical products;
iii) whether or not the products are manufactured or otherwise processed.
b) Automotive parts, inoperative motor vehicles, vehicle parts, mechanical
equipment, mechanical parts, accessories or adjuncts to the vehicles and
mechanical equipment;
c) Watercraft parts, inoperative watercrafts, mechanical equipment,
mechanical parts, accessories or adjuncts to the watercraft and
mechanical equipment;
c) Piping, tubing conduits, cable and fittings or other accessories or adjuncts
to the piping, tubing, conduits or cable;
d) Containers or pallets of any size, type or composition;
e) Material resulting from, or as part of, construction or demolition projects;
f) Rubble, inert fill;
g) Bones, feathers, hides;
h) Sewage;
i) Salvage materials;
J) Waste Materials.
"Inoperative Motor Vehicle" means a vehicle having missing parts, including tires or
damaged or missing glass or deteriorated or removed metal adjunctions, which prevent
it from functioning mechanically in the way for which it was originally designed, or which
does not have a current valid motor vehicle permit and license plate issued by the
Ministry of Transportation.
"Inoperative Watercraft" means a boat having missing bodywork, components or
parts, or damaged components, parts bodywork, glass or deteriorated or removed metal
adjunctions, which prevent it from functioning in the way for which it was originally
designed.
"Motor Vehicle" means commercial and industrial vehicles and equipment,
automobiles, motorized snow vehicles, off -road vehicles, motorcycles, all- terrain
vehicles, farm equipment, construction equipment and heavy machinery.
"Municipal Property" means any property situated within the Township of Oro -
Medonte that is owned or controlled by the Township.
"Noxious Weeds" means, as defined in the Weed Control Act, R.S.O. 1990, c. W5, as
amended, a plant that is deemed to be a noxious weed under subsection 10 (2) or
designated as a noxious weed under clause 24 (a) of the Act.
"Officer" means the Municipal Law Enforcement Officer for The Corporation of The
Township of Oro - Medonte.
"Owner" means a registered owner of the property and, for the purpose of this By -law,
includes any lessee, tenant or occupant whether in lawful occupation or not.
"Person" means any natural person, firm, partnership, association, corporation,
company or organization of any kind.
"Refuse" means garbage, debris and other waste materials or effluent (including
domestic waste, industrial waste and yard waste) that, in the opinion of the Officer,
a) Appears to be cast aside or discarded or abandoned; or,
b) Appears to be worthless or useless or of no practical value; or,
c) Appears to be used up, in whole or in part, or expanded or worn out in
whole or in part.
"Salvage Material" means any scrap metal, steel, plastic, rubber or other such
materials or substances of goods of commercial value or not, collected, deposited,
stored or kept for any purpose such as, without limitation, further cutting, sorting or
processing, or disposition elsewhere, including the storage of used motor vehicles for
the purpose of wrecking or dismantling them or salvaging parts thereof for sale or other
disposal.
"Standing or Stagnant Water" means standing still or without flow or current and
remains in one location;
"Township" means The Corporation of The Township of Oro - Medonte.
"Vehicle" means and includes a motor vehicle, trailer, commercial motor vehicle, an
automobile, motorcycle, motor assisted bicycle, a motorized snow vehicle, traction
engine, farm tractor, self - propelled implement of husbandry, road building machine and
any other vehicle propelled or driven otherwise than by muscular power
"Watercraft" means any vessel which floats on the surface of the water and is capable
of carrying people or materials whether motorized or not and includes but is not limited
to boats, pleasure craft, scows personal water craft, canoes, row boats, pontoon boats
and commercial boats, when on the water or on land.
"Yard Waste" means and includes, but is not limited to, plant cuttings, roots, weeds
leaves, fallen trees, hedge and shrub trimming, brush cuttings twigs and branches
under 7.5 centimetres in diameter.
2.0 General Provisions
2.1 No person shall cause or permit refuse to be deposited or remain on any land in
the Township.
2.2 No person shall throw, place, deposit, or store refuse or debris on private
property without the written authority of the owner of the property.
2.3 No person shall throw, place, or deposit refuse on Municipal property without
written consent from the Township.
2.4 No person shall fail to keep their grounds, land or vacant lot free from all refuse.
2.5 No person shall use any land within the Township for dumping or depositing or
storing or keeping of refuse of any kind.
2.6 Subsections 2.1 and 2.2 above to do not apply to the following:
2.6.1 land used by the Township for the purpose of lawfully dumping or
depositing of refuse;
2.6.2 land designated by By -law of the Township for the purpose of lawfully
dumping or disposing of refuse.
2.7 No person in any Residential Zone or an Agriculture /Rural Zoned property
permitted only to be used for residential purposes as per the Township's
Comprehensive Zoning By -law shall fail to keep their land, their lawn, all grass,
and other non - noxious weeds cut and trimmed so as to be no more than thirty
(30) centimeters in height.
2.8 No person in any Residential Zone or an Agriculture /Rural Zoned property
permitted only to be used for residential purposes as per the Township's
Comprehensive Zoning By -law shall fail to remove or destroy any noxious weeds
located on their land.
2.9 No person in any Residential Zone or an Agriculture /Rural Zoned property
permitted only to be used for residential purposes as per the Township's
Comprehensive Zoning By -law shall fail to keep their land free and clear from
standing or stagnant water.
2.9.1 Subsection 2.9 does not apply to lands designated Environmental
Protection (EP) or swamps, marshes, ponds, bogs and fens as per the
Township's Comprehensive Zoning By -law.
3.0 Inoperative Vehicles/Watercrafts
3.1 No person shall fail to keep their land clean and free from the following:
3.1.1 more than the one (1) allowable inoperative motor vehicle to be wrecked
or dismantled for their parts or otherwise in Residential One (R1),
Residential Two (R2), Rural Residential One (RUR 1), Rural Residential
Two (RUR 2), Shoreline Residential (SR) and Residential Limited Services
(RLS) as identified in Township's Comprehensive Zoning By -law; or
3.1.2 more than the two (2) allowable inoperative motor vehicle or vehicles to
be wrecked or dismantled for their parts or otherwise in a Agriculture /Rural
(A/RU) Zone as identified in Township's Comprehensive Zoning By -law;
or
3.1.3 more than the one (1) allowable inoperative watercraft or watercrafts to
be wrecked or dismantled for their parts or otherwise in Residential One
(R1), Residential Two (R2), Rural Residential One (RUR 1), Rural
Residential Two (RUR 2), Shoreline Residential (SR) and Residential
Limited Services (RLS) Zones as identified in the Township's
Comprehensive Zoning By -law; or
3.1.4 more than the two (2) allowable inoperative watercraft or watercrafts to
be wrecked or dismantled for their parts or otherwise in a Agriculture /Rural
(A/RU) Zone as identified in the Township's Comprehensive Zoning By-
law.
4.0 Right of Entry
4.1 The Officer, for the purpose of inspection and /or remedial action, may enter upon
the land as per the Municipal Act, 2001, S.O. 2001, c. 25 at any reasonable time
without notice for the purpose of determining compliance with this By -law.
4.2 An Officer exercising a right of entry on behalf of the Township under this By -law
must, on request display or produce proper identification.
5.0 Notice to Comply
5.1 An Officer may, by personal service or by notice sent by registered mail to the
owner(s) of the land or structure, require the owner(s) within a time specified
in the notice:
5.1.1 To clean, clear or remove from the land refuse of any kind;
5.1.2 To correct or eliminate or draw any standing or stagnant water;
5.1.3 To remove the inoperative motor vehicles(s), inoperative watercraft or
unlicensed or dismantled trailers or motor vehicles or watercrafts that are
to be wrecked or dismantled for their parts or otherwise.
5.2 Any notice sent out by the Officer shall clearly identify the land.
5.3 Every notice sent out to an owner(s) shall be sent to the address shown on the
most up to date assessment roll or to the last known address.
6.0 Failure to Comply
6.1 Where an owner, having been served with a notice, fails to comply with the
notice within the time specified, the Township may cause the matter or thing to
be done at the owner's expense.
6.2 The Township may cause anything to be done that was provided for in the notice,
including causing any of the following to done:
6.2.1 to clean, clear or remove refuse of any kind;
6.2.2 to correct, eliminate or drain stagnant water;
6.3 Where any of the matter or things are removed in accordance with section 6.1 of
this By -law, the matter or things may be disposed of immediately.
7.0 Fees
7.1 The Officer may impose an inspection fee for each inspection conducted in
relation to non - compliance of this By -law as per the Township's Fees and
Charges By -law.
8.0 Recovery of Cost
8.1 As per the Township's Fees and Charges By -law, any work required to bring the
property into compliance with the By -law, expenses incurred by the Township in
doing the work as well as any related fees, shall be deemed to be taxes and be
collected by action or the costs may be added to the tax roll for the property and
collected in the same manner as taxes.
9.0 Enforcement
9.1 An Officer is hereby authorized and empowered to enforce the provisions of this
By -law.
10.0 Offences
10.1 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer
exercising a power or preforming a duty under this By -law. Any person who
alleged to have contravened any of the provisions of this By -law shall identify
themselves to the Officer upon request, failure to do so shall be deemed to have
obstructed or hindered the Officer in the execution of their duties.
10.2 Any person who contravenes any of the provisions of this By -law may be
charged with an offence and upon conviction shall be liable to a fine as provided
for in the Provincial Offences Act, R.S.O.1990 c. P. 33, as amended.
11.0 Severability
11.1 Where a court of competent jurisdiction declares any section of this By -law
invalid, the remainder of this By -law shall continue in force unless the Court
makes an Order to the contrary.
PROVINCIAL OFFENCES ACT
PART
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and
the rules for the Ontario Court of Justice that the amount set opposite each of the
offences in the attached schedule of offences under the Provincial Statutes and
Regulations thereunder and Municipal By-law No. 2014-031, for the Corporation
of the Township of Oro-Medonte, attached hereto is the set fine for those
offences. This Order is to take effect March 25, 2014.
DATED at Newmarket this 25tn
day of March, 2014.
Simon Armstrong
Regional Senior Justice
Central East Region
Township of Oro-Medonte
Part I Provincial Offences Act
By-law No. 2014-031
A By-law to provide for maintaining of land in a clean and clear condition.
Item
Short Form Wording
Provisions
Creating or
Defining
Offence
Set Fine
1
Cause refuse to be deposited or remain on any land.
2.1
$300.00
2
Permit refuse to be deposited or remain on any land.
2.1
$300.00
3
Throw, place or deposit refuse or debris on private
.property.
2.2
$300.00
4
Store refuse or debris on private property.
2.2
$300.00
5
Throw, place or deposit refuse on Municipal property.
2.3
$300.00
6
Fail to keep grounds, land or vacant lot free from refuse
2.4
$300.00
7
Dump, deposit, store or keep refuse on any land.
2.5
$300.00
8
Fail to keep grass and weeds maintained.
2.7
$150.00
9
Fail to destroy noxious weeds.
2.8
$150.00
10
Fail to keep land free and clear from standing or stagnant
water.
2.9
$150.00
11 JKeep
more than the one allowable inoperative motor
vehicle.
3.1.1
$300.00
12 JKeep
more than the two allowable inoperative motor
vehicles.
3.1.2
$300.00
13
Keep more than the one allowable inoperative watercraft.
3.1.3
$300.00
14
Keep more than the two allowable inoperative watercrafts.
3.1.4
$300.00
15
Hinder or obstruct an officer exercising a power or
performing a duty.
10.1
$300.00
NOTE: The penalty provision for the offences indicated above is Appendix A. Section 10
of By-law No. 2014-031.