HomeMy WebLinkAbout78-34
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AMENDED BY
BY-LAW #.1.~~051 REPE,\LEO BY
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THE CORPORATION OF THE
TOWN OF NEWCASTLE
BY-LAW NO. 78-34
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
Town of Bowmanville.
NOW THEREFORE, the Council of the Corporation of the Town of Newcastle
ENACTS AS FOLLOWS:-
1. DEFINITIONS:
For the purpose of this By-Law, the following words shall
have the meaning given herein:
(a)
"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 from trees and shrubs, glass, crockery and metals.
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(b) "Householder" shall mean any owner, occupant, lessee, tenant.
or any person having use, occupation and/or charge of any
dwelling, hotel, restaurant, apartment house, office building,
pUblic institution, service station, industrial building,
commercial premises, store, shopping centre, or plaza or
portion thereof, or any other premises.
"Dwelling Unit" shall mean a unit consisting of one or more
rooms designed for use as a single housekeeping establishment.
"Dwelling" shall mean a detached building consisting of not
more than ~ dwelling units.
7rl~6 E.
(e) "Food Dispensing Establishments" shall mean any restaurant,
public dining room or other eating establishment.
(f) "Commercial Premises" shall mean buildings or structures
located in the commercial zones in the former Town of
Bowmanville.
(g) "Street" shall mean any public highway, road, lane, alley,
square, place, thoroughfare or way within the Town of Newcastle.
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(h)
"Town" shall mean the Municipal Corporation of the Town
of Newcastle.
(i) "Director of Public Works" shall mean the Director of Public
Works of the Town of Newcastle or his authorized representative.
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By-Law No. 78-34
(j) "By-Law Enforcement Officer" shall mean the By-Law Enforcement
Officer for the Corporation of the Town 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
Newcas.sle.
(k) "Apartment Building" means a building which consi.sts of four
or more dwelling units other than flats, but the term shall
not include a group dwelling.
2. COLLECTOR'S RESPONSIBILITY
(a) The Director of Public Works shall be responsible for the
collection and removal of garbage by the Town.
(b) The By-Law Enforcement Officer is hereby authorized and
empowered to enforce the provisions of this By-law.
3. COLLECTION PROCEl1?URE
(a)
Subject to the provisions of this By-law, the Town shall
provide for the removai of garbage.
(b)
SUbject to Section 3 (d), 3 (~), 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 otherwise
provided for, not more than onO$ (1) per week.
(ii) From Food Dispensin~ Establishments as follows:-
F('cr al::" :-.-:)od Dispensing Establishments not otherwise
provided for, not more than once (1) per week.
(iii) From Commercial and Industrial premises as follows:
Not r.lore than once (1) per week.
(c)
( i)
The Town shall collect a combined total of not more
than ,ix (6) receptacles or bundles per collection
per P~elling Unit or any other premises not otherwise
provid.ed for.
(ii)
The Town shall collect a combined total of not more
than four (4) receptacles or bundles per collection
per Dwelling Unit from any Apartment Building with
six (6) or more Dwelling Units,
( iii)
The Town will collect any quantity of garbage per
collection from Corrmercial Premises or Food Dispensing
Establishments, except as hereunder provided for under
Section 4.
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(d)
(e)
( f)
4.
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By-Law No. 78-34
Except by order of the Director of Public Works, no garbage
collection vehicle owned or rented by the Town of Newcastle
shall enter a privately owned driveway or roadway or land
or other private property for 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 entc~ private property.
Except by order of the Director of Public Works, no Town
garbage collector shall be required to enter on any private
property for the purpose of collecting garbage or other
waste material.
The Town may, at the request and expense of a householder,
or of any occupant or any building or part thereof, remove
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.
MATERIALS NOT COLLECTED BY THE TOWN
All materials not collected by the Town shall be disposed of
as directed by the Director of Public Works and at the expense
of the consignee or owner of such materials so abandoned,
condemned or rejected. The decision of the Director of Public
Works 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.
(a) Swill or other organic matter not properly drained or wrapped.
(b) Liquid waste and pathogenic wastes from hospitals.
(c) Hay, straw or manure.
(d) Night soil and animal waste.
(e) Any material which has become frozen to the receptacle and
cannot be removed by shaking.
(f) Industrial or trade waste including any abandoned, condemned
or rejected product, or waste material, builders' or contractors'
refuse, and the stock of any wholesale or retail merchant.
(g) Discarded truck or automobile parts and accessories from
automotive service stations or similar automotive establishments.
This shall include tires.
e (h)
Any material in receptacles or bundles which do not conform to
Section 5(b) and 6(~) herein.
(i) Discarded furniture or appliances, except by special request, as
set ou~ in Rec~ion ~(f).
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(j)
. (k)
(1)
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By-Law No. 78-34
Hot ashes or any waste materials capable of starting fires.
Explosive or highly combustible materials.
Sod, earth, tree tru~ks 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 the exception of bona fide kitchen waste).
(n) Radio Active material.
5, ~CEPTACLES FO~ GARBAGE
(a) All garbage or other refuse to be collected by the Town of
Newcastle must be placed and kept in receptacles or containers
in accordance with the regulations herein.
(b)
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(ii)
(iii)
Except as otherwise provided, every Householder shall
provide sufficient receptacles of not more than two (2)
cubic feet capacity which with the contents shall weigh
not more than 40 (for-'-:n' pounds, and are satisfactory
to the Director of Public Works for the deposit of
garbage.
Receptacles shall be covered, watertight containers,
not more than 30 inches high or 18 inches wide with
suitable handles.
None-returnable plastic bags of 2.75 cubic foot maximum
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
up""rl 111"l1 ""c:o~ ""'1ch containers are intended for disposal
with contents an~ ~~"" ~p~u~ely closed, covered or other-
wise rendered unlikely to permit 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).
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(vii);
Ashes s~'all be cold and !=lhall be placed in approved
...n1"-4-"iop-r-.: n:: .::pecified in paragraph 5(b(ii)), Page 3.
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BY-LAW NO. 78-34
(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) Owners and Occupiers of Commercial premises and apartments
with four (4) or more Dwelling Unit~ 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) w~ich 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
Works.
6. PREPARATION OF GARBAGE FOR COLLECTION
(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 portion of the householders'
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 t~e Director of Public Works, in order
to facilitate collectio~.
(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
conform 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 cardbo~rd cartons securely tied, or compacted
and tied in bundles having a weight not to exceed 40 pounds
and no dimension exceeding 3 feet.
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By-Law No. 78-34
7. PLACING RECEPTACLES FOR COLLECTION BY THE TOWN
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(a) Collection by the Town of garbage of other waste material shall be
made only in the areas and on the days which are designated by the
Director of Public Works.
(b) Material set out for collection shall normally 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 Works 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 normal collection.
(d) Material for collection shall be placed at the prescribed location
for collection not later than 7:00 a.m. on the normal collection day
or pick-up will not be guaranteed.
(e) Garbage collection service shall not be provided on proclaimed holidays,
but collection shall be made on the following regular collection day.
(f) Empty receptacles and all material which the collector refuses must
be removed 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. CLEAN-UP WEEK SPECIAL COLLECTION SERVICES
Special collection may be provided to Dwelling Units in the Town 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 former Town of Bowmanville now described as
Ward II of the Town of Newcastle.
10. REPEAL OF EXISTING BY-LAWS
By-Law No. 1966, 1984 of the former Town of Bowmanville and By-Law
No. 74-88 of the Town of Newcastle are hereby repealed.
11. 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
Dollars ($1,000) for each offense, exclusive of costs, recoverable
under the provisions of the Ontario Summary Convictions Act, and in
default of payment, to imprisonment in the common gaol for a period
not exceeding ten (10) days, unless such fine and costs are sooner paid.
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By-Law No. 78-34
BY-LAW read a first and second time this 8th day of May, 1978
BY-LAW READ a third time and finally passed this .. f.~ day of
. . t1 t?:,:/., 1978.
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J..M., McIlro
C erk
G.B. Rickard
Mayor