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Town of LaSalle By-law

By-law No: 6983

Description:  A By-Law to Provide for the Maintaining of Laid in a Clean and Clear Condition.

Date Passed:  September 23, 2008

WHEREAS under Section 127 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, a local municipality may require the owner or occupant of land to clean and clear the land, not including buildings, or to clear refuse or debris from the land, not including buildings, and may prohibit the depositing of refuse or debris on laud without the consent of the owner or occupant of land;

AND WHEREAS under Section 128 of the Municipal Act, 2001, as amended, a local municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of Council are or could become or cause public nuisances;

AND WHEREAS under Section 11(2) paragraph 6 of the Municipal Act, 2001, as amended, a municipality may pass By-laws for purposes related to the health, safety and well-being of the inhabitants of the municipality;

AND WHEREAS under Section 446(1) of the Municipal Act, 2001, as amended, where a municipality may by By-law or otherwise direct or require that a matter or thing be done, the municipality may by By-law direct that in default of it being done by the person directed or required to do it, such matter or thing shall be done at the person's expense;

AND WHEREAS under Section 446(2) of the Municipal Act, 2001, as amended, a municipality may enter upon land at any reasonable time for purposes of Section 446(1);

AND WHEREAS under Section 446(3) of the Municipal Act, 2001, as amended, a municipality may recover the costs of doing a thing or matter under Section 446(1) from the person directed or required to do it and may recover the costs by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes;

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF LASALLE HEREBY ENACTS AS FOLLOWS:

1

In this By-law,
 

 

(1)

"debris" shall include domestic waste, industrial waste, waste material, or garbage of any kind whatsoever;
 

 

(2)

"domestic waste" shall mean any article, thing, matter or any effluent on land that is either occupied or vacant, and is belonging to or associated with a residential use and appears to be waste material, and for greater certainty, but without limiting the generality of the foregoing terms of this clause, it is hereby declared that domestic waste extends to the following classes of waste material:
 

 

 

(a) Accumulations, deposits, leavings, litter, remains, rubbish, trash;
 

 

 

(b) Refrigerators, stoves, freezers, sinks, toilets, or other appliances, any attached hinges or latching, locking or other closing mechanism or device;
 

 

 

(c) Furnaces, furnace parts, pipes, fittings to pipes, water or fuel tanks;
 

 

 

(d) Motorized vehicles, vehicle parts and accessories;
 

 

 

(e) Material resulting from, or as part of, construction or demolition projects;
 

 

 

(f) Paper, carton, wood;
 

 

 

(g) Furniture;
 

 

 

(h) Crockery; and
 

 

 

(i) Sewage.
 

 

(3)

"garbage" shall include waste material;
 

 

(4)

"ground cover" shall mean plants or shrubs characteristically forming an extensive dense growth close to tile earth;
 

 

(5)

"industrial waste" shall mean any article, thing, matter or any effluent belonging to or associated with industry or commerce, or concerning or relating to manufacture, or concerning or relating to any trade, business, calling or occupation that appears to be waste material, and for greater certainty, but without limiting the generality of the foregoing terms of this clause, it is hereby declared that industrial waste extends to the following classes of waste material:
 

 

 

(a) Articles, things, matter, effluent which in whole or in part or fragments thereof, are derived from or are constituted from or consist of
 

 

 

 

(i) agricultural, animal, vegetable, paper, lumber, or wood products, or
(ii) mineral, metal, or chemical products,
 

 

 

whether or not the products are manufactured or otherwise processed;
 

 

 

(b) Automotive Parts, used motor vehicles, vehicle parts, mechanical equipment, mechanical parts, accessories or adjuncts to to the vehicles or mechanical equipment;
 

 

 

(c) Piping, tubing, conduits, wire, cable and fittings or other accessories, or adjuncts to the piping, tubing, conduits, cable or fittings;
 

 

 

(d) Containers of any size, type or composition;
 

 

 

(e) Material resulting from, or as part of, construction or demolition projects;
 

 

 

(f) Rubble, inert fill;
 

 

 

(g) Bones, feather, hides; and
 

 

 

(h) Sewage.
 

 

(6)

"Inspector" shall include any Provincial Offences Officer as designated by By-law of the Town;
 

 

(7)

"motor vehicles" shall include used motorized vehicles, travel trailers, tractor-trailers, transport trailers, or parts thereof or accessories thereto;
 

 

(8)

"municipality" shall mean the geographic municipality of the Town of LaSalle;
 

 

(9)

"owner" shall include an owner, lessee or occupant;
 

 

(10)

"private drain" shall meal a drain or sewer or part thereof situated on private property;
 

 

(11)

"refuse" shall include domestic waste, industrial waste, waste material, or garbage of any kind whatsoever;
 

 

(12)

"sewage" shall include 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 does not include roof water or storm water run-off;
 

 

(13)

"Town" shall mean The Corporation of the Town of LaSalle;
 

 

(14)

"waste material" shall mean material that, in the opinion of the Inspector;

 

 

 

(i) appears to have been cast aside or discarded or abandoned; or
(ii) appears to be worthless or useless or of 110 practical value; or
(iii) appears to be used up, in whole or in part, or expended or worn out in whole or part.
 

 

(15)

"weeds" includes local weeds and noxious weeds or any one of or all of them;
 

2.

(1)

Every owner shall keep his or her grounds, yard, or vacant land filled up, drained, clean and cleared up.
 

 

(2)

For the purpose of subsection 2(1), "clean and cleared up" includes the removal of weeds or grass more than eight inches in height.
 

 

(3)

Notwithstanding the provisions of subsection 2(2), weeds (not including noxious weeds) or grass more than eight inches in height may be permitted on road allowances and on lands zoned "agricultural" within the municipality.
 

 

(4)

Every owner shall keep my private drain located on his or her private property operational and in a good state or repair.
 

 

(5)

Every owner shall alter or realign any private drain located on his private properly in such a way as may be required by the Inspector.
 

3.

(1)

No person shall throw, place or deposit refuse or debris on private property.
 

 

(2)

No person shall throw, place or deposit refuse or debris on Town property.
 

4.

Every owner shall provide for the disposal of sewage and drainage from his or her land in a manner that is in compliance with Town's By-laws and policies and with any Provincial legislation.
 

5.

(1)

Every owner shall keep his or her land free and clear of all garbage, refuse, domestic waste, industrial waste or waste material of any kind.
 

 

(2)

No person shall use any land within the municipality for dumping or disposing of garbage, refuse, domestic waste, industrial waste or waste material of any kind.
 

 

(3)

Subsections (1) and (2) do not apply to,

 

 

(a)

land used by the Town for the purpose or dumping or disposing of garbage, refuse, domestic waste, industrial waste or waste material of any kind; or

 

 

(b)

land designated by By-law of the Town for the purpose of dumping or disposing of garbage, refuse, domestic waste, industrial waste or waste material of any kind.
 

6.

(1)

No person shall use any land in the municipality for storing a used motor vehicle that appears by reason of its age, appearance, mechanical condition or lack of licence plate to be inoperative or not used, or for storing any automotive or mechanical parts.
 

 

(2)

Subsection (1) shall not apply to any land in the municipality upon which the storage of used motor vehicles for the purpose of wrecking or dismantling them or salvaging pads for sale or other disposal is permitted by any other By-law of the Town.
 

7.

(1)

The Inspector may, by notice sent by prepaid registered post to the owner of the lad, or delivered to the owner by personal service require the owner within the time specified in the notice:

 

 

(a)

to keep the private drains located on his or her private property operational and in a good state of repair;
 

 

 

(b)

to alter or realign his or her private drain;
 

 

 

(c)

to provide for the sanitary disposal of sewage and/or draining for his or her land;
 

 

 

(d)

to clean, clear or remove from the land any and all garbage, refuse, domestic waste, industrial waste, or waste material of any kind;
 

 

 

(e)

to cease using the land for the dumping or disposing of garbage, refuse, domestic waste, industrial waste or waste material of any kind;
 

 

 

(f)

to cover over, screen, shield, or enclose the garbage, refuse, domestic waste, industrial waste or waste material in the manner prescribed by the Inspector;
 

 

 

(g)

to remove any used motor vehicle that appears by reason of its age, appearance, mechanical condition or lack of licence plate to be inoperative or not used, or to remove any automotive or mechanical parts from the land;
 

 

 

(h)

to remove, trim or cut weeds, grass or ground cover to a height of less than eight inches.
 

 

(2)

Every notice sent by the Inspector shall identify the land that is the subject of the notice.
 

 

(3)

Every notice sent to an owner by pre-paid registered post shall be sent to the address shown on the last revised assessment roll.
 

8.

(1)

The Inspector may inspect any land for the purpose of determining whether:
 

 

 

(a)

the land is used for the dumping or disposing of garbage, refuse, domestic waste, industrial waste or waste material of any kind; or
 

 

 

(b)

the land is used for the storing a used motor vehicle that appears by reason of its age, appearance, mechanical condition or lack of licence plate to be inoperative or not used, or used for storing any automotive or mechanical parts; or
 

 

 

(c)

the owner has complied with any notice issued under this By-law.
 

 

(2)

Every owner shall permit the Inspector to inspect the land for the purposes of subsection (1) herein.
 

9.

(1)

Where the owner is in default of doing the matter or thing required to be done under this By-law, the Town may:
 

 

 

(a)

fill up, drain, clean or clear up the grounds, yard or vacant land;
 

 

 

(b)

repair the private drain or alter or realign the private drain;
 

 

 

(c)

remove garbage, refuse, debris, domestic waste, industrial waste, or waste material;
 

 

 

(d)

provide for the sanitary disposal of sewage and drainage;
 

 

 

(e)

cover over, screen, shield or enclose my garbage, refuse, domestic waste, industrial waste or waste material;
 

 

 

(f)

remove any used motor vehicle that appears by reason of its age, appearance, mechanical condition or lack of licence plate to be inoperative or not used, or remove any automotive or mechanical parts from the land; or
 

 

 

(g)

remove, trim, or cut weeds, grass, or ground cover to a height less than eight inches.
 

 

(2)

Where any of the matters or things are removed in accordance with subsection (1) herein, the matters or things may be immediately disposed of by the Town.
 

 

(3)

The Town may recover the expense in doing a matter or thing referred to in subsection (1) herein by action, or by adding the costs to the tax roll and collecting them in the same manner as property taxes.
 

10.

Every person or owner who contravenes any provision of this By-law is guilty of all offence and is liable upon conviction to a fine of not more than $5,000.00, exclusive of costs, for each and every offence.  Each day that such offence is committed or permitted to continue shall constitute a separate offence and may be punishable as such.  Each fine and costs shall be recoverable under the Provincial Offences Act, R.S.O. 1990, Chapter P. 33, as amended.
 

11.

Should any section or provision of this By-law be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of this By-law as a whole or any part thereof, other than the part so declared to be invalid.
 

12.

The short title of this By-law shall be the Maintenance of Land By-law.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 23rd day of September, 2008

1st Reading - September 23,2008

2nd Reading- September 23,2008

3rd Reading - September 23,2008

 

The Town of LaSalle
5950 Malden Road
LaSalle, Ontario
N9H 1S4
Phone: 519-969-7770  Fax: 519-969-4469
 

Last updated November 20, 2008.  For questions or comments regarding this site email: webmaster@town.lasalle.on.ca