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2010-076 Clean and ClearTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-076 A By-law to provide for maintaining of land in a clean and clear condition and to Repeal By-law No. 2005-126. WHEREAS Part 11 of the Municipal Act, 2001, S.O. 2001, c. 25 (the "Municipal Acf') confers broad authority on municipalities to enable them to regulate and govern municipal affairs as the municipality considers appropriate. AND WHEREAS Section 127 of the Municipal Act provides that a local municipality may; a) 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; b) regulate when and how matters required under Clause (a) shall be done; c) prohibit the depositing of refuse or debris on land without the consent of the owner or occupant of the land; and d) define "refuse" for the purpose of this By-law. AND WHEREAS Section 128 of the Municipal Act provides that a local municipality may prohibit and regulate with respect to public nuisances; AND WHEREAS Part XIV of the Municipal Act confers broad authority on municipalities to inspect lands at any reasonable time and to take such necessary enforcement actions as are required to ensure ongoing compliance with a municipality's by-laws; AND WHEREAS Council of the Township of Oro-Medonte has adopted Comprehensive Zoning By-law No. 97-95, as amended, which defines permitted usages for properties located within the Township of Oro-Medonte; AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte considers refuse as defined in this By-law to constitute a public nuisance and has arrived at this opinion in good faith; 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 Comprehensive Zoning By-law 97-95, as amended; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. Definitions For purposes of this By-Law: 1.1. "municipal property" means any property situated within the Township of Oro- Medonte that is owned or controlled by the Municipality; 1.2. "Municipality" means The Corporation of the Township of Oro-Medonte; 1.3. "Municipal Law Enforcement Officer" means a person or persons appointed by the Municipality to enforce this By-law; By-law No. 2010-076 Page 1 of 4 1.4. "owner" means an owner, lessee, manager or occupant of lands situated within the Township of Oro-Medonte, but does not include the Municipality, a local board or agency; the County of Simcoe, its boards and agencies; the City of Barrie; the Nottawasaga Valley Conservation Authority, the Lake Simcoe Conservation Authority; the Severn Sound Environmental Association; the Crown in the Right of Ontario, and its boards, commissions and agencies; and the Crown in the Right of Canada and its boards, commissions or agencies; and crown corporations; 1.5. "person" shall include any natural person, firm, partnership, association, corporation, company or organization of any kind; 1.6. "property" means a building or structure or part of a building or structure, and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, outbuildings, fences and erections thereon whether heretofore or hereafter erected, and includes vacant property, on which there are no structures of any kind; 1.7. "refuse" means: 1.7.1. debris, junk or effluent belonging to or associated with a house or household or any industry, trade or business, and without limiting the generality of the foregoing, includes all of the items in the definition of "waste material'; 1.7.2. vehicle parts or accessories, including tires; 1.7.3. derelict furniture, appliances, machinery and/or parts thereof; 1.7.4. furnace parts, pipes, fittings, water or fuel tanks and discarded plumbing; 1.7.5. animal excrement; and 1.7.6. without restricting the foregoing, any unused or unusable material that by reason of its state, condition or excessive accumulation: (i) appears to have been cast aside, discarded or abandoned; (ii) appears to be worthless, useless or of no particular value; or (iii) appears to be used up, expended or worn out in whole or in part; 1.8. "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 storm run- off; 1.9. "vehicle" includes a motor vehicle as defined under the Highway Traffic Act, trailer, traction engine, farm tractor or any vehicle drawn, propelled or driven by any kind of power; 1.10. "waste material" includes, but is not limited to, garbage; ashes; rubbish; litter; builders and building contractors refuse; animal carcasses including bones, feathers and hides; yard waste; and sewage; 1.11. "yard waste" includes, but is not limited to, plant cuttings, roots, weeds, leaves, fallen trees, hedge and shrub trimmings, brush cuttings, twigs and branches under 7.5 centimetres in diameter, natural Christmas trees; boulders in excess of 0.028 cubic metres; and discarded asphalt or concrete pieces. By-law No. 2010-076 Page 2 of 4 2. Property to Remain Clean and Clear 2.1. Where on any property there is refuse, the owner of such property shall move such refuse so that the property is in a clean and clear condition. 3. Offences 3.1. No person shall allow or permit the placement, presence or existence of refuse upon any property. 3.2. No person shall throw, place or deposit refuse on any property without the consent of the owner. 3.3. No person shall throw, place or deposit refuse on municipal property without the consent of the municipality. 3.4. Sections 3.1, 3.2 and 3.3 do not apply to: 3.4.1. property or structures used by the Municipality or any other government authority for the purpose of dumping or disposing of refuse; or 3.4.2. property designated by By-law of the Municipality or the County of Simcoe for the purpose of dumping or disposing of refuse. 4. Notice 4.1. A Municipal Law Enforcement Officer may, by notice either served on the owner or person responsible for the refuse or sent by certified mail, require an owner of property or person responsible for the refuse within the time specified by the notice: 4.1.1. to clean, clear or remove refuse from the property; and/or 4.1.2. to stop the throwing, placing or disposing of refuse on the property. 5. Inspections 5.1. A Municipal Law Enforcement Officer: 5.1.1. has the authority to enter upon and examine any property at any reasonable time or times for purposes carrying out their duties under this By-law, and 5.1.2. may be accompanied by such other person or persons as they deem necessary to properly carry out their duties under this By-law. 6. Removal 6.1. Where an owner is in default of doing a matter required to be done under this By-law, or is in default of a notice issued pursuant to this By-law, the Municipality may have the matter done and the cost thereof, including an administration fee, shall be added to the property tax rolls of the owner and collected in the like manner as municipal taxes. 6.2. Where a person deposits any refuse on municipal property contrary to this By- law, in addition to any penalties provided by this By-law, the full cost of such removal by the Municipality shall be recoverable from the person responsible. By-law No. 2010-076 Page 3of4 7. Other Legislation 7.1. 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 shall prevail to the extent of the conflict. 8. Validity and Severability 8.1. Should any section, sub-section, 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 provisions of this By-law or of the By-law as a whole. 9. Penalty 9.1. In addition to any other remedy available to the Municipality, any person who contravenes any of the provisions of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $5,000.00, exclusive of costs. The provisions of the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended, shall apply to any such fine. 9.2. For greater certainty, a failure to comply this By-law shall be deemed to be a continuing offence. 10. Short Title 10.1. This By-law may be cited as the "Clean and Clear" By-law. 11. Repeal 11.1. That By-law No. 2005-126 is hereby repealed in its entirety. 12. Force and Effect 12.1. This By-law shall come into force and effect on the date of passage thereof. BY-LAW READ THIS 12TH DAY OF MAY, 2010. BY-LAW READ AND FINALLY PASSED THIS 12TH DAY OF MAY, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ayor, SP ughes De uty Clerk, Janette Teeter By-law No. 2010-076 Page 4 of 4 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. 2010 -076, for the Corporation of the Township of Oro - Medonte, attached hereto is the set fine for those offences. This Order is to take effect August 18 2010. DATED at Newmarket this 18 day of August, 2010. r Gregory Regi Regional Senior Justice Central East Region Schedule "A" By -law No. 2010 -076 To provide for maintaining of land in a clean and clear condition Part I Provincial Offences Act NOTE: The penalty provision for the offences indicated above is Section 9 of By -law No. 2010 -076. Page 1 of 1 Provisions Item Short Form Wording Creating or Set Fine Defining Offence Allow or permit the placement, 1 presence or existence of refuse on Section 3.1 $300.00 any property. 2 Throw, place or deposit refuse on any Section 3.2 $300.00 p roperty. 3 Throw, place or deposit refuse on Section 3.3 $300.00 municipal property. m NOTE: The penalty provision for the offences indicated above is Section 9 of By -law No. 2010 -076. Page 1 of 1