1989-006 Medonte By-law to Provide for Maintaining of land in a clean and clear condition
THE CORPORATION OF THE TOWNSHIP OF MEDONTE
BY-LA W NUMBER 89-06
BEING A BY-LAW to provide for maintaining of land in a clean and
clear condition
WHEREAS Section 210 of the Municipal Act, R.S.O. 1980, Chapter 302,
~
authorizes the Municipality to pass By-Laws;
210. 74. For requiring and regulating the filling up, draining, cleaning, clearing
of any grounds, yard and vacant lots and the altering, relaying or
repairing of private drains.
~
129. For prohibiting, or regulating and inspecting the use of any land or
structures within the Municipality or any defined area or areas thereof
for dumping or disposing of garbage, refuse, or domestic or industrial
waste of any kind.
(a) A By-Law under this paragraph,
(i) may establish a schedule of fees chargeable upon inspection
of such regulated land or structures
(ii) may require the owners, lessees or occupants of such land or
structures, at the expense of the owners, lessees or occupants,
to cease using such land or structures for such purposes, or to
cover over any garbage, refuse, or domestic or industrial waste
in any prescribed manner, whether or not such land or structures
were so used before the passing of the By-Law.
(ili) may define industrial or domestic waste
(b) A By-Law under this paragraph does not apply to the use of any land
or structure by a Municipality.
130. For prohibiting or regulating and inspecting the use of any land or structures
for storing used motor vehicles for the purpose of wrecking or dismantling
them or salvaging parts thereof for sale or other disposal.
~
AND WHEREAS Section 325 of the said Municipal Act provides that:
~
325. Where a Council has authority to direct or require by By-law or otherwise
that any matter or thing be done, the Council may by the same or by
another By-Law direct that , in default of its being done by the person
directed or required to do it, such matter or thing shall be done at his
expense, and the Corporation may recover the expense incurred in doing it
by action, or the same may be recovered in like manner as Municipal Taxes,
or with interest, shall be payable by such person in annual installments not
exceeding ten years and may, without obtaining the assent of the electors,
borrow money to recover such expense by the issue of debentures of the
Corporation payable in not more than ten years.
- 2 -
THE CORPORATION OF THE TOWNSHIP OF MEDONTE
BY-LAW NUMBER 89-06
AND WHEREAS Council wish to enhance the natural beauty of the Township
of Medonte and protect the value of property;
NOW THEREFORE the Council of the Corporation of the Township of Medonte
hereby enacts as follows:
1. In this By-Law,
~
(a) "By-Law Enforcement Officer" means the person or persons appointed by
By-Law of the Council of the Corporation of the Township of Medonte
to enforce this By-Law;
~
(b) "Domestic Waste" means any article, thing, matter or any effluent
belonging 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 greater certainty, but not so as to restrict the generality
of the foregoing terms of this clause it is hereby declared that domestic
waste extends to the following classes of waste material:
1. Accumulations, deposits, leavings, litter, remains, rubbish, trash;
2. Refrigerators, freezers or other appliance, any attached hinges or
latching, locking or other closing mechanism or device;
3. Furnaces, furnace parts, pipes, fittings to pipes, wateror fuel tanks;
4. Inoperative motor vehicles, vehicle parts and accessories;
5. Paper, cartons;
6. Furniture;
7. Crockery;
8. Sewage;
~
(c) PIndustr ial 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 materials;
and for greater certainty, but not so as to restrict the generality of
the foregoing terms of this clause it is hereby declared that industrial
waste extends to the following classes of waste material:
1. Articles, things, matter, effluent which in whole or in part or
fragments thereof, are derived from or are constituted from or
consist of,
~
(a) agricultural, animal, vegetable, paper, lumber, or wood products
or
(b) mineral, metal, or chemical products,
whether or not the products are manfactured or otherwise processed;
2. Automotive parts, inoperative vehicles, vehicle parts, mechanical
equipment, mechanical parts, accessories or adjuncts to the vehicles
and mechanical equipment, and inoperative agricultural vehicles or
implements.
3. Piping, tubing, conduits, cable and fittings or other accessories, or
adjuncts to the piping, tubing, conduits or cable;
THE CORPORATION OF THE TOWNSHIP OF MEDONTE
BY-LAW NUMBER 89-06
4. Containers of any size, type or composition
5. Material resulting from, or as part of, construction or
demolition projects;
6. Rubble, inert fill;
7. Bones, feather, hides;
- 8. Sewage;
9. Fencing and fencing materials
(d) "Inoperative Motor Vehicle" means a vehicle having missing parts,
including tires or damaged or missing glass or deteriorated or removed
metal adjunctions, which prevent its mechanical function;
-
(e) "Inoperative Agricultural Vehicle" means a vheicle or implement
capable of being attached to a vehicle which having missing parts,
including tires or damaged or missing glass or deteriorated or
removed metal adjunctions, which prevent its mechanical function;
(f) "Owner" means an owner, lessee or occupant;
(g) "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 roof water or storm run-off;
(h) "Township" means the Corporation of the Township of Medonte;
(i) "Waste Material" means material or effluent that,
(i) appears to have been cast aside or discarded or abandoned; or
(ii) appears to be worthless or useless or of no practical value, or
(iil) appears to be used up, in whole or in part, or expended or worn
out in whole or in part.
L.
(1) Every owner, lessee or occupant shall keep his grounds, yard, or
vacant land clean or cleared up.
~
(2) E very owner, lessee or occupant shall keep his land free and clear of
all garbage, refuse or domestic or industrial waste of any kind
(3)
Subsections t and 2 do not apply to,
(a) land or structures used by the Township or any other government
authority for the purpose of dumping or disposing of garbage or
refuse, or domestic or industrial waste;
~
(b) land designated by By-Law of the Township for the purpose of
dumping or disposing of garbage or refuse, or domestic or industrial
waste.
(4)
Every owner, lessee or occupant shall cover over any garbage, refuse,
domestic waste of any kind or industrial waste of any kind in such manner
as may be prescribed by the Council of the Township.
3. Except as provided pursuant to any revelant licencing By-Law in force from
time to time in the Township, no person shall use any land or structures for
storing used motor vehicles for the purpose of wrecking or dismantling them
or salvaging parts thereof for sale or other disposal.
4-
THE CORPORATION OF THE TOWNSHIP OF MEDONTE
BY-LAW NUMBER 89-06
If. (1) The By-Law Enforcement Officer may by notice, personally served
on the owner, lessee or occupant of the land or structure, or by
registered mail require the owner, lessee or occupant within the time
specified within the notice,
(a) to clean, clear or remove from the land or structure garbage,
refuse or domestic or industrial waste of any kind;
-
(b) to cease using the land or structure for the dumping or disposing
of garbage, refuse, or domestic or industrial waste of any kind.
(2) Every notice sent by the By-Law Enforcement Officer shall identify
the land or structure.
~
(3) Every notice to an owner'or lessee shall be sent to the address shown on
the last revised assessment roll or to the last known address
(4) Every notice sent to an occupant shall be to the address of the land or
structure or to the last known address of the occupant.
5. (1) The By-Law Enforcement Officer ma;yvinspect the use of any land or
structure for the purpose of determining whether,
(a) the land or structure is used for dumping or disposing of garbage,
refuse or domestic or industrial waste of any kind;
(b) the land or structure is u~ed for the storing of used motor vehicles
for the purpose of wrecking or dismantling them or salvaging parts
thereof for sale or disposal;
(c) the owner, lessee or occupant has complied with any notice sent
by the By-Law Enforcement Officer.
(2) Every owner, lessee or occupant shall permit the By-Law Enforcement
Officer to inspect tl:i~:dand or structure for the purpose of Subsection 1.
6. (1) Where the owner, lessee or occupant is in default of doing the matter
or thing required to do under this By-Law, the By-Law Enforcement
Officer may,
-
(a) clean or clear up the ground, yard or vacant land;
(b) remove refuse or debris;
(c) remove garbage, refuse or domestic or industrial waste
-
(d) remove used motor vehicles stored for the purpose of wrecking
or dismantling them or salvaging parts thereof for sale or other
disposal
(2) Where any of the matters or things are removed in accordance with
Subsection 1, the matters or things may be immediately disposed of by
the By-Law Enforcement Officer.
(3) The Township may recover the expense in doing a matter or thing
referred to in Subsection 1 by action, or in like manner as Municipal
Taxes.
7. Every owner, lessee or occupant who contravenes any provlslOn of this
By-Law, is guilty of an offence and liable to a fine of not more than
$2,000.00 upon conviction.
~
t
t
t
5
THE CORPORATION OF THE TOWNSHIP OF MEDONTE
BY-LAW NUMBER 89...06
8.
Each and every section and subsection, and each part of
every section and subsection of this by-law is severable and if it
is determined by any Court of Competent Jurisdiction that any
section or subsection of any part of any section or subsection
is ineffective or void or beyond the power of the Council to
enact, then each remaining part of this BY'1I,,"aw shall remain in
full force and effect.
9.
The short title of this By-Law IS the Waste Materials By-Law, 1989.
BY-LAW read a first and seconci time this 28th day of February, 1989.
BY-LAW read a third time and finally passed this 28th day of February,1989.
THE CORPORATION OF THE TOWNSHIP OF MEDOf\"
REEVE
CLERK