HomeMy WebLinkAbout90-160
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AMENDED BY
BY-LAW ,;].!:'Q~!7?
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 00-160
being a By-law respecting the deposit of and
retention of certain waste on lands in the
Town of Newcastle
RePEALED If "'
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IY-LAW .._....".. .
WHEREAS Section 210 of the Municipal Act R.S.O., 1980, Chapter 802, provides in part as follows:
210 By-Laws may be passed by the councils of local municipalities:
74. For requiring and regulating the filling up, draining, cleaning, clearing of any grounds,
yards and vacant lots and the altering, relaying or repairing of private drains.
76. For prohibiting the throwing, placing or depositing of refuse or debris on private
property or on property of the municipality or any local board thereof without the
authority from the owner or occupant of such property.
77. For making any other regulation for sewage or drainage that may be considered
necessary for sanitary purposes.
129. For prohibiting, or regulating and inspecting the use of nay land or structures within
the municipality or any defmed 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, whether or not such land or
structures where so used before the passing of the by-law;
iii.
may defme industrial or domestic waste.
(b) A by-law under this paragraph does not apply to the use of any land or structures 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.
NOW THEREFORE the Council of the Corporation of the Town of Newcastle enacts as follows:
1. In this By-law:
(a) "domestic waste" means any article, thing, matter or effiuent that is or appears to be
waste material and (1) to have belonged to or to belong to any member of a household
whether or not such member resides in a dwelling house located on the same lands as
those on which the "domestic waste" is located or (2) to be or to have been installed in
or associated with a dwelling house, or the occupants of a dwelling house, wherever
located, and without limiting the generality of the foregoing, the term "domestic waste"
includes the following classes of waste material:
i.
accumulations, deposits, leavings, litter, remains, rubbish and trash;
ii.
refrigerators, freezers or other appliances;
iii.
furnaces, furnace parts, pipes, fittings to pipes, water or fuel tanks;
iv.
inoperative motor vehicles, derelict motor vehicles and vehicle parts and
accessories;
v.
paper and cartons;
vi.
furniture;
vii.
crockery; and
viii.
sewage
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FEED FAX THIS END
To.
Dept.:
Fax No.:
No. of Pages:
From:
Date:
Company:
Fax No.:
Comments:
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(b) "industrial waste" means any article, thing, matter or effiuent that is or appears to be
waste material (1) produced by or resulting from or used in connection with the
operation of any industry, manufacture or commerce whether or not such industry,
manufacture or commerce is located or (2) concerns, relates to or results from any
trade, business, calling or occupation and, without limiting the generality of the
foregoing, the term "industrial waste" includes the following classes of waste material:
i.
articles, things, matter or effiuent 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 manufactured or otherwise processed;
ii.
automotive parts, inoperative motor vehicles, derelict vehicles, vehicle
parts, mechanical equipment, mechanical parts, accessories or adjuncts
to the vehicles and mechanical equipment;
iii.
piping, tubing, conduits, cable and fittings or other accessories, or
adjuncts to the piping, tubing, conduits or cable;
iv.
containers of any size, type or composition;
v.
material resulting from or as part of construction or demolition projects;
vi.
rubble, inert fill;
vii.
bones, feathers, hides; and
viii.
sewage.
(c) "inoperative motor vehicle" means a vehicle having missing parts, including tires or
damage or missing glass or deteriorated or removed metal parts which prevent its
mechanical function.
(d) "Inspector" means a Town employee assigned the responsibility of a Municipal By-law
Enforcement Officer, to enforce this By-law and other by-laws of the Town and
designated as a Municipal By-law Enforcement Officer by by-law.
(e) "owner" except where the context indicates otherwise, means an owner, lessee, or
occupant of land.
(0 "person" means an individual, business or corporate entity.
(g) "Senior Municipal By-law Enforcement Officer" means the Town employee who is
assigned the responsibility to enforce this By-law and other by-laws of the Town and
is designated as the Senior Municipal By-law Enforcement Officer by by-law;
(h) "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 not include roof water or storm run-off.
(i) "Town" means the Corporation of the Town of Newcastle.
G) "waste material" means any material or effiuent that in the opinion of the Senior
Municipal By-law Enforcement Officer or an Inspector:
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
ill.
appears to be used up, in whole or in part or expended or worn out in
whole or in part.
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2.
(1)
No person shall throw, place or deposit refuse or debris on private property which is
not Town property, without the written authority of the owner of the property.
(2) No person shall throw, place, or deposit refuse or debris on Town property without the
written authority of the Town and where such property is lawfully occupied by a person
other than the Town, without the written authority of the occupant in addition to that
of the Town.
8.
(1)
Except as provided in Section 2, every owner, lessee or occupant shall clean and keep
his land clear of all garbage, refuse, domestic and industrial waste of every kind that
is prescribed by the Senior Municipal By-law Enforcement Officer or an Inspector by
written notice to such owner, lessee or occupant pursuant to Section 5 of this By-law.
(2) No person shall use any land or structures within the Town for dumping or disposing
or storage of garbage, refuse or domestic waste or industrial waste of any kind.
(8) None of the provisions of subsections (1) and (2) shall apply in respect of lands or
structures on which dumping, storage, keeping or disposing of things and material
referred to in those subsections is permitted by By-law 84-68 as amended, and the
Environmental Protection Act R.S.O. 1980, Chapter 141, as amended
4. No person shall use any land or structure in the Town for the storing of used motor vehicles
for the purpose of wrecking or dismantling them or salvaging parts thereof for sale or other
disposal except those lands and structures on which such use is permitted by By-law 84-68 as
amended.
5.
(1)
The Senior Municipal By-law Enforcement Officer or Inspector may, by notice sent by
registered post addressed to the owner, lessee or occupant within the time specified in
the notice:
(a) to clean, clear or remove from the land or structure the garbage, refuse or
domestic waste or industrial waste as required by this By-law;
(b) to cease using the land or structure for the dumping or disposing of garbage,
refuse or domestic waste or industrial waste contrary to this By-laW; and
(c) to cover over, screen, shield or enclose the garbage, refuse or the domestic waste
or industrial waste in the manner prescribed by the Senior Municipal By-law
Enforcement Officer or the Inspector in the notice.
(2) Every notice sent pursuant to subsection (1) shall identify the land or structure.
(8) 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 of such person of which the Town
Clerk has knowledge.
(4) Every notice sent to an occupant shall be sent to the address to the land or structure
in question, or to the last known address of such person of which the Town Clerk has
knowledge.
(5) The Senior Municipal By-law Enforcement Officer or an Inspector may inspect 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,
domestic waste or industrial waste of any kind contrary to the By-law;
(b) the land or structure is used 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 Senior
Municipal By-law Enforcement Officer or an Inspector pursuant to this By-
law.
(6) Every owner, lessee or occupant shall permit the Senior Municipal By-law Enforcement
Officer or an Inspector to inspect the land or structure for the purpose set out in
subsection (1).
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6.
(1)
Where the owner, lessee or occupant is in default of doing the matter or thing required
to be done under this By-law, the Senior By-law Enforcement Officer or the Inspector
may:
(a) remove the garbage, refuse, debris, domestic waste or industrial waste in
question;
(b) cover over, screen, shield or enclose domestic waste or industrial waste; or
(c) 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 Senior Municipal By-law
Enforcement OfflCer.
(8) The Town shall recover the expense of disposing of or removing a matter or thing
pursuant to subsections (1) and (2) by action, or in like manner as municipal taxes.
7. Every owner, lessee or occupant who is in contravention of any provisions of this by-law is
guilty of an offence and liable to a fine or not more than $2,000.00.
8. By-law.7.5'-:46is hereby repealed.
9. Should any provision of this By-law be found by a court of competent jurisdiction to be invalid
in part or in whole, the validity of the other provisions of this By-law shall not be affected
thereby, the intent of Council being that each provision of this By-law shall be determined to
be separately valid and enforceable to the fullest extent permitted by law.
BY-LAW read a first time this 24th day of September , 1990
BY-LAW read a second time this 24th day of September , 1990
BY-LAW read a third time and finally passed this 24thlay 0 I eptember " 1~ ~
OR