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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:
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1 |
In this By-law,
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(1) |
"debris" shall include domestic
waste, industrial waste, waste material, or garbage of
any kind whatsoever;
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(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:
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(a) Accumulations, deposits,
leavings, litter, remains, rubbish, trash;
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(b) Refrigerators, stoves,
freezers, sinks, toilets, or other appliances, any
attached hinges or latching, locking or other closing
mechanism or device;
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(c) Furnaces, furnace parts, pipes,
fittings to pipes, water or fuel tanks;
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(d) Motorized vehicles, vehicle
parts and accessories;
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(e) Material resulting from, or as
part of, construction or demolition projects;
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(f) Paper, carton, wood;
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(g) Furniture;
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(h) Crockery; and
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(i) Sewage.
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(3) |
"garbage" shall include waste
material;
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(4) |
"ground cover" shall mean plants or
shrubs characteristically forming an extensive dense
growth close to tile earth;
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(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:
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(a) Articles, things, matter,
effluent which in whole or in part or fragments thereof,
are derived from or are constituted from or consist of
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(i) agricultural, animal,
vegetable, paper, lumber, or wood products, or
(ii) mineral, metal, or chemical products,
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whether or not the products are
manufactured or otherwise processed;
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(b) Automotive Parts, used motor
vehicles, vehicle parts, mechanical equipment,
mechanical parts, accessories or adjuncts to to the
vehicles or mechanical equipment;
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(c) Piping, tubing, conduits, wire,
cable and fittings or other accessories, or adjuncts to
the piping, tubing, conduits, cable or fittings;
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(d) Containers of any size, type or
composition;
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(e) Material resulting from, or as
part of, construction or demolition projects;
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(f) Rubble, inert fill;
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(g) Bones, feather, hides; and
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(h) Sewage.
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(6) |
"Inspector" shall include any
Provincial Offences Officer as designated by By-law of
the Town;
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(7) |
"motor vehicles" shall include used
motorized vehicles, travel trailers, tractor-trailers,
transport trailers, or parts thereof or accessories
thereto;
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(8) |
"municipality" shall mean the
geographic municipality of the Town of LaSalle;
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(9) |
"owner" shall include an owner,
lessee or occupant;
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(10) |
"private drain" shall meal a drain
or sewer or part thereof situated on private property;
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(11) |
"refuse" shall include domestic
waste, industrial waste, waste material, or garbage of
any kind whatsoever;
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(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;
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(13) |
"Town" shall mean The Corporation
of the Town of LaSalle;
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(14) |
"waste material" shall mean
material that, in the opinion of the Inspector; |
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(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.
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(15) |
"weeds" includes local weeds and
noxious weeds or any one of or all of them;
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2. |
(1) |
Every owner shall keep his or her
grounds, yard, or vacant land filled up, drained, clean
and cleared up.
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(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.
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(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.
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(4) |
Every owner shall keep my private
drain located on his or her private property operational
and in a good state or repair.
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(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.
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3. |
(1) |
No person shall throw, place or
deposit refuse or debris on private property.
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(2) |
No person shall throw, place or
deposit refuse or debris on Town property.
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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.
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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.
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(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.
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(3) |
Subsections (1) and (2) do not
apply to, |
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(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 |
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(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.
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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.
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(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.
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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: |
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(a) |
to keep the private drains located
on his or her private property operational and in a good
state of repair;
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(b) |
to alter or realign his or her
private drain;
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(c) |
to provide for the sanitary
disposal of sewage and/or draining for his or her land;
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(d) |
to clean, clear or remove from the
land any and all garbage, refuse, domestic waste,
industrial waste, or waste material of any kind;
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(e) |
to cease using the land for the
dumping or disposing of garbage, refuse, domestic waste,
industrial waste or waste material of any kind;
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(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;
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(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;
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(h) |
to remove, trim or cut weeds, grass
or ground cover to a height of less than eight inches.
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(2) |
Every notice sent by the Inspector
shall identify the land that is the subject of the
notice.
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(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.
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8. |
(1) |
The Inspector may inspect any land
for the purpose of determining whether:
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(a) |
the land is used for the dumping or
disposing of garbage, refuse, domestic waste,
industrial waste or waste material of any kind; or
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(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
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(c) |
the owner has complied with any
notice issued under this By-law.
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(2) |
Every owner shall permit the
Inspector to inspect the land for the purposes of
subsection (1) herein.
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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:
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(a) |
fill up, drain, clean or clear up
the grounds, yard or vacant land;
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(b) |
repair the private drain or alter
or realign the private drain;
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(c) |
remove garbage, refuse, debris,
domestic waste, industrial waste, or waste material;
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(d) |
provide for the sanitary disposal
of sewage and drainage;
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(e) |
cover over, screen, shield or
enclose my garbage, refuse, domestic waste, industrial
waste or waste material;
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(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
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(g) |
remove, trim, or cut weeds, grass,
or ground cover to a height less than eight inches.
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(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.
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(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.
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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.
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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.
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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
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