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HomeMy WebLinkAbout80-10 I< ~l" . . . . . ItEPEALIEO BY IV.tAW #.~.9l:..I.~-j I THE CORPORATION OF THE TCMN OF NEWCASTLE BY-LAW NO. 80-10 Being a by-law to regulate the handling and collection of garbage, rubbish, ashes and other waste materials within the limits of the Municipal Collection Area in the former Police Village of Orono. NCM THEREFORE, the Council of the Corporation of; the Town of; Newcastle ENACI'S AS FOr.r.a.vs:- 1. DEFINITIONS: (a) For the purpose of this By-Law, the following w:>rds shall have the meaning given herein: "Garbage" shall mean all rejected, abandoned or discarded food or table or kitchen waste material from the preparation of food, ashes, discarded paper products, newsprint, wearing apparel, floor sweepings, grass clippings and garden wastes, clippings fran trees and shrubs, glass, crockery and metals. (b) "Householder" shall mean any owner, occupant, lessee, tennant, or any person having use, occupation and/or charge of any dwelling, hotel, restaurant, apartment house, office building, public institution, service station, industrial building, cornrrercial premises, store, shopping centre, or plaza or portion thereof or any other premises. (c) "!Melling Unit" shall mean a unit consisting of one or rrore rooms designed for use as a single housekeeping establishIrent. (d) "!Melling" shall mean a detached building consisting of not rrore than three dwelling units. (e) "Food Dispensing Establishments" shall mean any restaurant, public dining room or other eating establishIrent. (f) "Carmercial Premises" shall mean buildings or structures located in the comnercial zones in the fonner Police Village of Orono. (g) "street" shall mean any public highway, road, lane, alley, square, place, thoroughfare or way within the Town of Newcastle. (h) '''Ibwn'' shall mean the Municipal Corporation of the 'Ibwn of Newcastle. (i) "Director of Public w:>rks" shall mean the Director of Public w::>rks of the Town of Newcastle or his authorized representative. . . . , - 2 - (j) "By-Law Enforcement Officer" shall mean the By-Law Enforcement Officer for the Corporation of the 'Ibwn of Newcastle or any other officer authorized by the Corporation of the Town of Newcastle for the enforcement of By-Laws in the Town of Newcastle. (k) "Apartment Building" means a building which consists of four or rrore dwelling units other than flats, but the tem shall not include a group dwelling. 2. COLLECI'OR IS RESPONSffiILITY (a) The Director of Public W::>rks shall be responsible for the collection and rerroval of garbage by the 'Ibwn. (b) The By-Law Enforcement Officer is hereby authorized and E!l'pC>wered to enforce the provisions of this By-Law. 3. COLLECTION Pocx::EDURE (a) SUbject to the provisions of this By-law, the 'Ibwn shall provide for thererroval of garbage. (b) Subject to Section 3 (d), 3 (e), 5 (b) and 7 (b) collections shall be made from all premises according to the following schedule: - (i) From all dwellings and other premises not othe:r;w,i,se provided for, not rrore than once (1) per week. (ii) From Food Dispensing EstablishIrents as follows:- For all food dispensing establishIrents not othe:rwise provided for, not rrore than once (l) per week. (iii) Fran Corrmercial and Industrial premises as follows: Not rrore than once (l) per week. (c) (i) The 'Ibwn shall collect a combined total of not rrore than six (6) receptacles or bundles per collection per dwelling unit or any other premises not othe:rwise provided for. (ii) The 'Ibwn shall collect a combined total of not rrore than four (4) receptacles or bundles per collection per dwelling unit from any apartment building with six (6) or rrore dwelling units. (iii) The Town will collect any quantity of garbage per collection fran Conmercial Premises or Food Dispensing Establishments, except as hereunder provided for under Section 4. . . . '. - 3 - Except by order of the Director of Public W::>rks, no garbage collection vehicle owned, rented or operated under contract by the 'Ibwn of Newcastle, shall enter a privately owned driveway or roadway or land or other private property f;or the purpose of collecting garbage or other waste material. Such order shall not be given unless it is feasible and economical for the Town to so enter private property. (e) Except by order of the Director of Public W::>rks, no Town garbage collector or contractor shall be required to enter on any private property for the purpose of collecting garbage or other waste material. (d) (f) The Town may, at the request and expense of a householder, or of any occupant or any building or part thereof, rarove and dispose of garbage, ashes or refuse, over and above the quantity specified in Section 3 at a charge of $35.00 (thirty-five dollars) per collection. 4. MATERIALS Nor COLLECI'ED BY THE TCMN (a) (b) (c) (d) (e) (f) (g) (h) (i) All materials not collected by the Town shall be disposed of as directed by the Director of Public W::>rks and at the expense of the consignee or owner of; such materials so abandoned, condemned or rejected. The decision of the Director of Public W::>rks shall be final as to quantities and class of material to be collected. Except as provided for in Section 9 of this By-Law, the following materials shall not be collected by the Town of Newcastle. Swi,ll or other orga,n,i,crqa,tter. not properly dra;i.ned or wrapped. Liquid waste and pathogenic wastes from hospitals. Hay, straw or manure. Night soil and ani.rnal waste. Any material which has become frozen to the receptacle and cannot be re.rroved by shaking. Industrial or trade waste including any abandoned, condemned or rejected product, or waste material, builders I or contractors I refuse, and the stock of any wholesale or retail merchant. Discarded truck or autom:>bileparts and accessories from autcm:>tive service stations or similar autom:>tive establishIrents. This shall include tires. Any material in receptacles or bundles which do not confom to Section 5 (b) and 6 (c) herein. Discarded furniture or appliances, except by special request, as set out in Section 3 (f) . . . . - 4 - (j) Hot ashes or any waste materials caPable of starting fires. (k) Explosive or highly combustible materials. (l) Sod, earth, tree trunks and branches, stone, building material or building rubbish, frozen containers, except from individual residence and in quantities of less than 40 (forty) pounds per specified receptacle. (m) Carcasses or parts thereof of any dog, cat, fowl or any other creature (with exception of bona fide kitchen waste). (n) Radio Active material. 5. RECEPTACLES FOR GARBAGE (a) All garbage or other refuse to be collected by the 'Ibwn of Newcastle ItUlst be placed and kept in receptacles or containers in accordance with the regulations herein. (b) (i) Except as othe:rwise provided, every Householder shall provide sufficient receptacles of not rrore than tw:> (2) cubic feet capacity which with the contents shall weigh not rrore than 40 (forty) pounds, and are satisfactory to the Director of Public w::>rks for the deposit of garbage. (ii) Receptacles shall be covered, watertight containers, not rrore than 30 inches high or l8 inches wide with suitable handles. (iii) Non-returna,ble pla.stic bags of 2.75 cub,i,c f;oot xnaximum capacity with a minimum of 1. 5 mil thickness and caPable of being lifted with 40 pounds of contents may also be used. (iv) Receptacles which are smaller at the top than at the bottom, paper boxes, 5 gallon paint cans, oil drums, lard cans and other similar containers shall not be used unless such containers are intended for disposal with contents and are securely closed, covered or other- wise rendered unlikely to pe:rmit the contents to be scattered. (v) Grass clippings, garden waste and clippings from trees and shrubs may be placed in returnable open baskets of at least bushel capacity. (vi) Every Householder shall place all such receptacles at the point or points to be served on the days of collection as provided in Section 7 (b) . (vii) Ashes shall be cold and shall be placed in approved containers as specified in paragraph 5 (b (ii), Page 3. . . . - 5 - (c) No receptacle shall be filled above the top level, and all receptacles, except as provided for in Section 5 (b) shall be provided with good watertight covers which shall be properly placed and maintained on such receptacles at all times, so as to preclude ingress and egress of insects or the escape of odours therefrom. (d) CMners and Occupiers of Coomercial premises and apartments with four (4) or rrore IMelling Units shall provide garbage storage containers for every premises which shall be large enough to hold the number of receptacles as specified in Clause 3 (c) which that premises would require. These shall be approved in structure and maintenance by the Durham Region Health Unit and in location approved by the Director of Public ~rks . 6. PREPARATION OF GARBAGE FOR COLLECTIOO (a) Garbage must be drained of all liquid and securely wrapped before being placed in receptacles. (b) Such articles as crates, newspapers, packing materials brush, bedding and materials of like nature may be collected in like manner as garbage, but must be securely tied into compact bundles or parcels, not exceeding 3 feet in any dimension or weighing over 40 pounds or placed in sufficient receptacles of the type specified in Section 5 (b) . (c) Garden receptacles and all waste emanating from any building shall at all times be kept on a fOrtion of the householders I premises. All such receptacles and waste shall be placed at such point or points to be served on the days of collection as may be indicated by the Director of Public ~rks, in order to facilitate collection. (d) SUch articles as bandages, poultices, dressings, medicines, vitamins, drugs, vaccines and syringes from drug stores, medical and dental buildings and hospitals must be securely wrapped in watertight packaging so as not to present a hazard to collection personnel. All such bundles or parcels must confo:rm to weights and dimensions as provided for under Section 5 (b) . (e) Brush and tree and garden and lawn cuttings shall be placed in plastic bags or cardboard cartons securely tied, or c:ompacted and tied in bundles having a weight not to exceed 40 pounds and no dimension exceeding 3 feet. , ~ . . '. - 6 - 7. PLACING RECEPTACLES FOR COLLECTION BY THE TCMN (a) Collection by the Town of garbage of other waste material shall be made on! y in the areas and on the days which are designated by the Director of Public W::>rks. (b) Material set out for collection shall nonnally be placed as close as possible to the edge of the roadway, without obstructing the roadway, sidewalk or footpath. In any case, the Director of Public W::>rks has the power to designate the precise point at which the material shall be placed for collection. (c) Material for collection shall not be placed on a street or other public property before 6:00 p.m. on the day preceding nonnal collection. (d) Material for collection shall be placed at the prescribed location for collection not later than 7: 00 a.m. on the nonnal collection day or pick-up will not be guaranteed. (e) Garbage collection service shall not be provided on proclaimed holidays, but oollection shall be made on the following regular collection day. (f) Empty receptacles and all material which the collector refuses must be raroved from the street or from public property by the occupant of the premises from which it was taken before 8: 00 p.m. on the same day that the garbage is collected or the material refused. 8. CIEAN-UP WEEK SPECIAL COLLECI'ION SERVICES Special collection may be provided to Dwelling units in the 'Ibwn of Newcastle by Resolution of Council. 9. That the cost of collecting the garbage, etc., as provided for in this By-law be charged to the benefitting property owners, that is, owners of property within the fonner Police Village of Orono, now described as Polls 9 and lO in Ward III of the 'Ibwn of Newcastle. lO. REPEAL OF EXISTING BY-lAWS All By-laws inconsistant with the provisions of this By-law, are hereby repealed. ll. PENALTIES (a) The provisions of this By-law shall not relieve any person from compliance with any provisions of the Public Health Act or regulations prescribed by the .Medical Officer of Health. (b) Any person who contravenes any of the provisions of this By-law shall be liable upon conviction thereof to a fine not exceeding One Thousand Lbllars ($l,OOO.) for each offense, exclusive of costs, recoverable under the provisions of the Ontario Surrmary Convictions Act, and in default of payment, to imprisonment in the camon gaol for a period not exceeding ten (lO) days, unless such fine and costs are sooner paid. '" . , . . . - 7 - BY-LAW read a first and second time this I (~ day of -Febn....I..ar1 lq~o BY-LAW read a third time and finally passed this l ~ <;0 . Il'+h day of f=""e...b f'1.A.a. r1 G. B. Rickard/~~/ Mayor J. M. McIlroy Clerk ~ ~. /.... /' .....