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2018-046 By-law to prohibit the throwing, placing or depositing of refuse or debris on private property or on property of the municipality or any local board thereof without authority from the owner or occupanThe Corporation of the Township of Oro-Medonte By-law No. 2018-046 A By-law to prohibit the throwing, placing or depositing of refuse or debris on private property or on property of the municipality or any local board thereof without authority from the owner or occupants of such property and to Repeal By-law No. 2014-031 "Dumping By-law" Whereas Section 127 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended, provides that a local municipality may prohibit and regulate 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 425 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended, further provides that by-laws may be passed for providing that any person who contravenes any by-law of the municipality passed under the Act is guilty of an offence; And Whereas Section 426 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that no person shall hinder or obstruct, or attempt to hinder or obstruct, any person exercising a power or performing a duty under a By-law made under that Act; Therefore the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: That Appendix "A" form part of this By-law. 2. This By-law may be cited as "The Township of Oro-Medonte Dumping By-law." That By-law 2014-031 is hereby repealed in its entirety. 4. This By-law shall come into full force and effect on the date of its final passing. By-law read a First, Second and Third time, and Passed this 28th day of June 2018. The Corporation of the Township of Oro-Medonte , H.S. Appendix "A" to By-law No. 2018-046 for The Corporation of the Township of Oro-Medonte 1.0 Definitions For the purpose of this By-law, the following definitions shall apply: "Corporation" means The Corporation of the Township of Oro-Medonte; "Council" means the Council for The Corporation of the Township of Oro-Medonte; "Domestic Waste" means includes household garbage, vegetables, fruits, furniture, clothing, household effects, septic tank liquid, wet and dry sewage, disposal sludge, contents of privy vaults, cesspools and holding tanks for human excrement; "Local Board" means any school board, public utility commission, transportation commission, local board of health or local authority under any general or special Act with respect to the affairs or purposes, including school purposes, of the Township or any part thereof; "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; "Private Property" means property which is privately owned and is not Township property or property of a local board, property of the County of Simcoe or property of any the Crown in Right of Ontario, the Crown in Right of Canada or any one of the aforesaid; "Property" means lands, tenements, hereditaments and any estate or interest therein and any right or easement affecting the land; "Refuse or Debris" means and includes but is not limited to garbage, ashes, rubbish, builder's and building contractors refuse, other industrial waste, inoperative vehicles and motor vehicle parts and accessories; "Township" means The Corporation of the Township of Oro-Medonte; "Township Property" means any land situated within the Township which is owned by the Corporation or controlled by the Corporation by lease or otherwise; 2.0 General Provisions 2.1 No person shall throw, place, deposit or permit or cause to be thrown, placed or deposited any refuse, debris or domestic waste upon private property without the consent of the owner of the property. 2.2 No person shall throw, place, deposit or permit or cause to be thrown, placed or deposited any refuse, debris or domestic waste on Township property without written consent of the Corporation. 2.3 No person shall throw, place, deposit or permit or cause to be thrown, placed or deposited any refuse, debris or domestic waste on the on the property of a local board of the County of Simcoe, which property is situated in the Township, without the written consent of the local board of the County of Simcoe. 3.0 Enforcement 3.1 An Officer is hereby authorized and empowered to enforce the provisions of this By-law. 4.0 Offences 4.1 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising a power or performing 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. 4.2 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. 5.0 Severability 5.1 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 2018-046 for the Township of Oro-Medonte attached hereto is the set fine for those offences. This Order is to take effect August 16, 2018. DATED at Newmarket this 16th day of August, 2018. Regional Senior Justice Central East Region Township of Oro-Medonte Part 1 Provincial Offences Act By-law No. 2018-046, A By-law to prohibit the throwing, placing or depositing of refuse or debris on private property or on property of the municipality or any local board thereof without authority from the owner or occupants of such property and to Repeal By-law No. 2014-031 "Dumping By-law" NOTE: The penalty provision for the offences indicated above is Appendix A, Section 4.2 of By-law 2018-046, a certified copy of which has been filed. Provisions Item Short Form Wording Creating or Set Fine Defining Offence GENERAL REGULATIONS 1 Throw, place or deposit any refuse, debris or domestic App. A, 2.1 $300.00 waste on private property. 2 Permit the placement of any refuse, debris or domestic App. A, 2.1 $300.00 waste on private property. 3 Cause the placement of any refuse, debris or domestic App. A, 2.1 $300.00 waste on private property. 4 Throw, place or deposit any refuse, debris or domestic App. A, 2.2 $300.00 waste on Township property. 5 Permit the placement of any refuse, debris or domestic App. A, 2.2 $300.00 waste on Township property. 6 Cause the placement of any refuse, debris or domestic App. A, 2.2 $300.00 waste on private property. 7 Throw, place or deposit any refuse, debris or domestic App. A, 2.3 $300.00 waste on property of the local board. 8 Permit the placement of any refuse, debris or domestic App. A, 2.3 $300.00 waste on prop rty of the local board. 9 Cause the placement of any refuse, debris or domestic App. A, 2.3 $300.00 waste on prop rty of the local board. 10 Hinder or obstruct an officer exercising a power or App. A, 4.1 $400.00 1performing a duty. NOTE: The penalty provision for the offences indicated above is Appendix A, Section 4.2 of By-law 2018-046, a certified copy of which has been filed.