2005-126 To prohibit the throwing, placing or depositing of refuse or debris, waste material or wastes on private property or municipal property and to Repeal By-laws 2002-075 and 2004-041CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-126
Being a By-law of the Corporation of the Township of Oro-Medonte to prohibit the
throwing, placing or depositing of refuse or debris, waste material or wastes on
private property or municipal property
and to Repeal By-laws No. 2002-075 and 2004-041
"Clean and Clear By-law"
WHEREAS Section 127, of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides that councils of local municipalities may pass by-laws to require an owner or
occupant of land to clean and clear the land or to clear refuse and debris from the land;
AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte
deems it necessary and expedient, 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 Oro-Medonte
enacts as follows:
Definitions for the purpose of this By-Law
(a) "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.
(b) "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.
(c) "Household wastes" 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 or batteries, manufacturer's
waste. water and fuel tanks, liquid waste, straw, hay and manure, carcass of
any dead or live bird, animal feces, natural soil, earth, sand, clay, gravel,
stones or other excavated materials, and fence wire.
(d) "Municipal property' means any property under the jurisdiction of the
Municipality.
(e) "Municipality" means the Corporation of the Township of Oro-Medonte.
(f) "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.
(g) "Private property" means privately owned property zoned for residential,
commercial or industrial use.
(h) "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.
(i) 'Waste material" includes:
garbage, rubbish, discarded building materials, refuse or junk,
boulders in excess of 0.028 cubic metres, trees or tree stumps;
ii. tin cans, bottles, boxes or other containers;
iii. derelict or inoperative motor vehicles;
iv. derelict, abandoned or inoperable machinery, appliances and
furnishings, both household and commercial;
V. agricultural waste or sewage, or any liquid waste accumulated from
home or place of business;
vi. animal carcasses;
vii. poison ivy.
(j) 'Wastes" shall mean any or all of the definitions of this section for the
purposes of this By-law, including heavy pick-up wastes, household wastes,
refuse or debris and waste material.
Offences
2.1 No owner shall allow or permit the creation, presence or existence 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 in, 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 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
cost of such removal shall be recoverable from the person responsible or the
property owner responsible for such littering or discarding.
The removal of poison ivy will be controlled by an applicator licensed by the
Ministry of the Environment.
4. Notice unauthorized dumping in municipal property containers
The municipality shall 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. Other Legislation
If this By-law conflicts with the provisions of any other By-law or By-law of the
County of Simcoe, the provisions of that By-law prevail to the extent of the
conflict.
7. Validity and Severability
Should any section, sub-section, clause, paragraph or provision of this Bylaw 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 provisions of this
By-law or of the Bylaw as a whole.
8. Penalty
Every person who contravenes any provision of this By-law is guilty of an offence
and liable upon conviction to a penalty not exceeding $5,000.00, exclusive of
costs and the provisions of the Provincial Offences Act, R.S.O. 1990, c. P.33, as
amended, shall apply to the said fine. Such matter or thing shall be done at the
person's expense, and the corporation may recover the expense incurred in
doing it by action, or the same may be recovered in same manner as municipal
taxes.
9. Short Title
This By-law shall be cited as the Clean and Clear By-law.
10. Repeal
That By-laws No. 2002-075 and 2004-041 be repealed in their entirety.
11. Force and Effect
This By-law shall come into full force and effect upon the day of final passage
thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 7t" DAY OF DECEMBER, 2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 7T" DAY OF
DECEMBER, 2005.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
00yor, J. Neil Craig
f
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Clerk, Marit*n Permycoo