HomeMy WebLinkAbout2003-101 Consolidated.pdfOffice Consolidation
Waste Material By-law
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The Corporation of the
Municipality of Clarington
By -Law 2003-101
Being a by-law to regulate the dumping, disposing and
removing of refuse, debris, litter and other waste
materials on lands within the Municipality of Clarington,
and to amend By -Law 2003-101.
Passed, by Council, on
Consolidated as of:
Amendments:
Amending By -Law
2017-026
Disclaimer:
June 23, 2003
July 6, 2020
Date I Amendment Details
March 20, 2017 Amend Section 1 — add definition `Balloon
Release" and amend litter definition to
include balloon releases.
The following consolidated by-law is an electronic reproduction made available for
information only. It is not an official version of the By-law. The format may be different,
and plans, pictures, other graphics or text may be missing or altered. The Municipality of
Clarington does not warrant the accuracy of this electronic version.
Official versions of all By-laws may be obtained from the Municipal Clerk's Department.
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Waste Material By-law
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
By-law 2003-101
Being a by-law to regulate the dumping, disposing and
removing of refuse, debris, litter and other waste
materials on lands within the Municipality of Clarington
WHEREAS section 127 of the Municipal Act, 2001, S.O. 2001, c. 25 provides that local
municipalities may pass by-laws to clean and clear lands of refuse and debris and may
prohibit the depositing of refuse and debris on land without the consent of the owner or
occupant of the land;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON ENACTS AS FOLLOWS:
In this By-law the following definitions shall apply:
"Balloon Release" means the release of 10 or more balloons filled with lighter -
than -air gasses within a 24-hour period.
"Costs" shall mean the actual cost of labour and materials incurred by the
Municipality to clean and clear up a property pursuant to a direction issued by an
Officer. Such costs shall include an administrative fee of 10% added to the
invoiced cost.
"Litter" shall include but is not limited to scrap paper, bottles, cans, plastic or
other containers, food containers and wrappers, paper and plastic bags, and
balloon releases.
"Municipality" means the Municipality of Clarington.
"Officer" means a Municipal Law Enforcement Officer of the Corporation of the
Municipality of Clarington.
"Refuse" includes any garbage, debris, waste material or effluent that in the
opinion of the officer,
Appears to have been cast aside, discarded or abandoned; or
Appears to be worthless, useless or of no practical value; or
111. Appears to be used up in whole or in part or expended or worn out in
whole or in part.
2.0 No person shall, throw, place or deposit refuse or littler on private property within
the Municipality.
2.1 No person shall throw, place or deposit refuse or litter on Municipal property.
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Office Consolidation Waste Material By-law
2.2 No person shall throw, place or deposit refuse or litter on a public road allowance
within the Municipality.
2.3 Notwithstanding Section 2.2 an owner/occupant of a premise may place refuse
and recycling on public road allowance, out front of said premise, for municipal
refuse collection provided it is not placed out any earlier than 6:00 p.m. on the
day preceding collection day.
3.0 No person shall use any land or structures within the Municipality for the
dumping, disposing or storage of any refuse or litter.
3.1 Every owner, lessee or occupant of property located within the Municipality shall
clean and keep his land clear of all refuse and litter of every kind.
3.2 No person shall leave any items not picked up by the municipal garbage
collection contractor on the public road allowance any later than 12:00 noon on
the day following the refuse collection day.
4.0 Upon receipt of a written complaint an officer may enter upon land at any
reasonable time to inspect the land to determine whether the provisions of the
by-law are being complied with.
4.1 Upon inspection of a contravention of this by-law an officer may direct the refuse
or litter to be removed in a time and manner as specified by the officer.
4.2 Where a person has thrown, placed or deposited refuse or litter on any property,
the Officer may order the person to remove and properly dispose of the material
in a manner as directed by the Officer.
4.3 Where a person fails to remove any refuse or littler as directed by the Officer, the
Municipality and its agents may, in addition to any other penalty, enter upon the
land in question, at any reasonable time and remove and dispose of the refuse.
4.4 In performing any work as required to bring the property into compliance, the
Municipality and its agents shall not be liable to compensate such owner, lessee,
occupant or other person having interest in the property by reason of anything
done by or on behalf of the Municipality under the authority of this by-law.
4.5 The Municipality may recover the costs incurred for all work done pursuant to the
direction of an officer issued under section 4.1 by action or by adding the costs to
the tax roll and collecting the amount in the same manner as taxes.
5.0 If any section of this by-law is for any reason held to be invalid, the remaining
sections shall remain in effect until repealed.
6.0 Every person who contravenes any provision of this By-law is guilty of an offence
and shall, upon conviction be liable to punishment as provided under the
Provincial Offences Act.
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Waste Material By-law
By-law read a first and second time this 23rd day of June 2003.
By-law read a third time and finally passed this 23rd day of June 2003.
ORIGINAL BY-LAW SIGNED
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