HomeMy WebLinkAbout2003-101
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
By-law 2003- 10 1
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:
1. In this By-law the following definitions shall apply:
"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.
"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,
I. Appears to have been cast aside, discarded or abandoned; or
II. Appears to be worthless, useless or of no practical value; or
III. 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.
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.
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3.2 No person shall leave any items not Dicked 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.
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.
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