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By-laws contained on the website have been prepared for reference purposes only. Every effort is made to ensure the accuracy of this information; however it is not to be used in place of actual by-laws. If you require a by-law in an alternate format, please contact:
Clerks Division
100 Dissette Street, Unit 7&8
Bradford, ON L3Z 3G8
905-775-5366
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| Office By-law Consolidation Table | ||||||||||||
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The following is an Office Consolidation as of March 24, 2017 that includes all amendments as per the table below.
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Being a by-law of the Town of Bradford West Gwillimbury to provide for the maintenance of land in a clean and clear condition.
WHEREAS subsection 11(2) of the Municipal Act, 2001, S.O. 2001, c. 25, provides, inter alia, that a municipality may pass by-laws respecting the environmental well-being of the municipally, the health, safety and well-being of persons and the protection of persons and property;
AND WHEREAS section 127 of the Municipal Act, 2001 provides that a local municipality may require the owner or occupant of land to clean and clear land, not including buildings, or to clear refuse or debris from the land, not including buildings; regulate when and how cleaning and clearing is to be done; and prohibit the depositing of refuse or debris without the consent of the owner or occupant of land;
AND WHEREAS section 128 of the Municipal Act, 2001 provides that a 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 section 131 of the Municipal Act, 2001 provides that a local municipality may prohibit and regulate the use of any land for the storage of used motor vehicles for the purpose of wrecking or dismantling them or salvaging parts from them for sale or other disposition;
AND WHEREAS Part XIV of the Municipal Act, 2001 provides for the enforcement of municipal by-laws.
NOW THEREFORE the Council of the Corporation of the Town of Bradford West Gwillimbury enacts as follows:
| 1. Definitions: |
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1.1 “By-law” means this Clean Yards By-law.
1.2 “Costs” means all monetary expenses incurred by the Town during and throughout the process of any remedial work, including interest at a rate of 15% per annum or such lower rate as determined by the Town commencing on the day the Town incurs the costs and ending on the day the costs, including interest, are paid in full, and may include an administrative surcharge amount as determined by the Town.
1.3 “Council” means the Council of the Town.
1.4 “Derelict motor vehicle” means a vehicle having missing bodywork components or parts, including tires or damaged components, parts, bodywork, glass or deteriorated or removed adjuncts, which prevent its mechanical function, and includes a motor vehicle that is not licensed for the current year.
1.5 “Domestic waste” means any debris, rubbish, refuse, sewage, effluent, discard or garbage of any type arising from a residence, belonging to or associated with a dwelling unit or use of a dwelling unit or residential property, including, but not limited to, garbage, discarded material or things, broken or dismantled things, and materials or things exposed to the elements deteriorating or decaying on a property due to exposure to the weather.
1.6 “Dwelling unit” means a room or rooms in which a kitchen, living quarters and sanitary conveniences are provided for exclusive use of the residents and with a private entrance from the outside of the building or from a common hallway or stairway inside.
1.7 “Industrial waste” means any debris, refuse, sewage, effluent, discard or garbage of a type arising from industrial or commercial operation, or belonging to or associated with industry or commerce or industrial or commercial property including, but not limited to, garbage, discarded material or things, broken or dismantled things, materials or things exposed to the elements, and deteriorating or decaying on a property due to exposure to the weather.
1.8 “Infestation” means the overrunning of a property by vermin, rodents and insects.
1.9 “Motor vehicle” means an automobile, truck, motorcycle, snowmobile, trailer, recreational vehicle and any other vehicle propelled or driven by other than muscular power, but does not include the cars of electric or steam railways, or other motor vehicles running solely upon rails, or a traction engine, farm tractor, self-propelled implement of husbandry or road building machine within the meaning of the Highway Traffic Act, R.S.O. 1990, c. H.8.
1.10 “Officer” means a municipal by-law enforcement officer or designate, property standards officer or peace officer.
1.11 “Owner” means the registered owner of land or the occupant, tenant, leasee or the person for the time being managing or receiving the rent of the property, whether on its own account or on account of an agent or trustee of any other person or any one of the aforesaid.
1.12 “Person” means an individual human being, a corporation, firm, partnership, unincorporated association or organization, their heirs, executors, assigns, administrators, agents, trustees or other legal representatives of a person with or without share capital, any association, firm, partnership or private club of a person to whom context can apply accordingly.
1.13 “Peace officer” means an officer of the South Simcoe Police Service.
1.14 “Property” means any and all land within the Town including buildings and structures, yards and vacant lots.
1.15 “Refuse” or “Debris” means any waste material of any kind whatsoever and without limiting the generality of the foregoing includes rubbish, inoperative or unlicensed vehicles or boats and mechanical equipment, automobile and mechanical parts, tires, furnaces, water and fuel tanks, furniture, glassware, plastic, cans, garden refuse, grass clippings, trees, tree branches, earth or rock fill, animal feces, materials from construction or demolition projects, old clothing and bedding, refrigerators, freezers, or similar appliances, whether operable or inoperable, containers of any kind and un-maintained garden fixtures and any objects or conditions that might create a health, fire or accident hazard.
1.16 “Remedial work” means all work necessary for the correction or elimination of a contravention of this By-law as cited in any order issued under this By-law, including any such condition or health hazard, actual or potential, that the contravention may pose.
1.17 “Structure” means any building or accessory building or any property, or any part thereof, or any part of whole or any structure of building not actually used as a dwelling house.
1.18 “Town” means The Corporation of the Town of Bradford West Gwillimbury.
1.19 “Turf grass” means ground cover comprised of one or more species of growing grass, with or without trees, shrubbery or maintained planting beds or other vegetation.
1.20 “Weed” means a noxious weed designated by or under the Weed Control Act, R.S.O. 1990, c. W.5, including any weed designated as a local or noxious weed under a by-law of the Town for that purpose. |
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2. Property Maintenance |
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2.1 Every owner shall maintain a clear and clean yard and shall also:
(a) keep his or her land free and clear of all garbage, refuse, debris, domestic waste or industrial waste of any kind, and from any objects or conditions that may create a health, fire or accident hazard;
(b) ensure that his or her land is free and clear of infestation;
(c) trim or cut weeds or turf grass on his or her land, whether dead or alive, that are more than 20 cm /7.8 inches in height;
(d) ensure that vegetation on his or her lands, other than weeds and turf grass shall be kept trimmed and kept from becoming unreasonably overgrown in a fashion that may affect safety, visibility, or the passage of the general public;
(e) keep his or her land free of holes or excavations which may create health or accident hazards.
2.2. No person shall cause or permit unsafe or hazardous conditions and also shall not:
(f) cause or permit an unfenced or unprotected pit, excavation or other declivity which causes a safety hazard on their property;
(g) permit any well which is unprotected or which the presence of which creates risk, accident or injury to the general public;
(h) keep a swimming pool, hot tub, wading pool or artificial pond unless it is maintained in good repair and working;
(i) throw, place or deposit refuse, debris, or waste material on any Town or public property. |
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3. Composting |
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3.1. No person shall permit composting of any kind other than in accordance with Section 3.2 of this By-law.
3.2. Composting shall only be permitted as follows:
(a) only in the rear of a dwelling unit;
(b) only in a container, pile or digester and only on land on which a dwelling unit is located;
(c) any compost containers or digesters used for composting shall be kept covered tightly at all times, except when being emptied or filled, and shall be kept in accordance with the guidelines on composing published by the County of Simcoe;
(d) in a such a manner so as to preclude infestation;
(e) in a pile no larger than one square metre and 1.2 metres in height which shall be enclosed on all sides by concrete block, or lumber, or in a forty- five gallon container, a metal frame building with concrete floor, or a commercial plastic enclosed container designed for composting;
(f) in no more than two (2) compost containers, piles or digesters used for composting on each parcel of land on which a dwelling unit is located, for a total composting capacity on the land of not more than two (2) cubic metres;
(g) no feces shall be placed in a compost container, pile or digester used for composting;
(h) no offensive odour shall be permitted to emanate from the compost container, pile or digester used for composting;
(i) organic materials placed in a compost container shall be kept covered with yard waste, soil or humus;
(j) any compost container, pile or digester used for composting shall be set back at least 0.6 metres (1.97 feet) from any lot line.
3.3 Section 3.1 of this By-law does not apply to any agricultural zones as designated within the Town’s Consolidated Zoning By-law. |
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4. Derelict Motor Vehicles |
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4.1. No person shall use any property for the parking, storage or placement of the following:
(a) derelict motor vehicles or motor vehicles that are unfit to be operated on a highway due to damage or poor repair;
(b) motor vehicles that are not currently licensed for operation pursuant to the provisions of the Highway Traffic Act;
(c) motor vehicles parts or components unless otherwise expressly permitted;
(d) wrecked, dismantled, discarded, inoperative, or abandoned motor vehicles, machinery, trailers or boats.
4.2. Section 4.1 of this By-law does not apply to lands that comply with all applicable land use criteria which permits the retail, wholesale, repair or wrecking of motor vehicles or a competition; or hobby vehicle located in a fully enclosed building; or recreation vehicle parking in compliance with the Town’s Consolidated Zoning By-law. |
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5. General Provisions (Amended by By-law 2016-75) |
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5.1. If an Officer is satisfied that a contravention of this By-law has occurred, the Officer may make an order requiring the work be done to correct the contravention.
5.2. An order issued under the authority of this by-law shall set out:
(a) The municipal address of the property on which the contravention occurred;
(b) The date of the contravention;
(c) The reasonable particulars of the contravention of the by-law;
(d) The date by which there must be compliance with the order; and
(e) Notice that if the work is not done in compliance with the order by the compliance date, the municipality may have the work done at the expense of the owner and the cost of the work may be recovered by adding the amount to the owner’s tax roll.
5.3. Every order to an owner shall be sent to the address shown on the last revised assessment roll or to the last known address of the owner.
5.4. An order may be served personally on the person to whom it is directed or by registered mail to the last known address of that person, in which case it shall be deemed to have been delivered on the third day after mailing.
5.5. In the event that a violation set out in an order is not remedied within the specified period of time, the officer may cause the violation to be remedied at the expense of the owner.
5.6. If the costs for work pursuant to the provisions of this by-law are not paid to the Town within 30 days of written demand therefor, the Treasurer may add the costs, including interest, to the tax roll for the lot and collect the costs in the same manner as municipal taxes.
5.7. The Town and any officer and agent shall be entitled to remove any items in order to remedy or rectify any contravention of this by-law. Any items removed may be disposed of immediately at the sole and absolute discretion of the Town, its agents and officers, which decision shall be final.
5.8. The Town shall not be liable for any damage to property or personal injury resulting from any remedial work undertaken as a result of a default of the owner or any person in complying with this by-law.
5.9. Where there is an immediate risk to public health and safety, which determination shall be made in the sole and absolute discretion of the officer issuing the order, the order may require immediate action or other remediation or rectification. |
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6. Entry on Land and Inspections |
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6.1. An officer, peace officer or any other person appointed for the purpose of enforcing this By-law,
(a) has the power to enter upon and examine any lands, yards, vacant lots, grounds at any reasonable time or times, and
(b) may be accompanied by such other person or persons as they deem necessary to properly carry out their duties under this By-law.
6.2. Notwithstanding Section 6.1, no person, including an officer, shall exercise a power of entry under this By-law to enter a place or part of a place that is actually being used as a dwelling unless:
(a) the occupier of the dwelling, having been informed that the right of entry may be refused, consents to the entry; or
(b) if the occupier refuses to consent, an order is issued pursuant to section 438 of the Municipal Act, 2001 or a warrant is issued pursuant to section 439 of the Municipal Act, 2001, or a warrant is issued under the Provincial Offences Act, R.S.O. 1990, c. P.33.
6.3. A person exercising a power of entry on behalf of the Town, under this By-law must on request, display or produce proper identification.
6.4. No person shall hinder, interfere with or otherwise obstruct, either directly or indirectly, any officer, peace officer or any person appointed for the purpose of enforcing this By-law, including any person who may be accompanying such persons, in the lawful exercise of any powers or duties under this By-law.
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7. Enforcement |
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7.1. This By-law shall be enforced by an officer or peace officer or any other person or officer appointed by the Town for the purposes of enforcing this By-law.
7.2. If compliance herewith would be impractical, the provisions of this By-law shall not apply to ambulance, police and fire department vehicles and any vehicles while actually engaged in works undertaken for on behalf of the Town, the county, federal or provincial government or any utility.
7.3. The Town may recover its costs of remedying a violation of this By-law by invoicing the owner, by instituting court proceedings or by adding the cost, including interest, to the tax roll in the same manner as municipal taxes in accordance with section 446 of the Municipal Act, 2001 and the exercise of any one remedy shall not preclude the exercise of any other available remedy. |
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8. Offences and Penalties (Replaced by By-law 2017-27) |
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8.1. Every person who contravenes any provision of this By-law, including an order issued under this By-law, is guilty of an offence.
8.2. Every person who contravenes any of the provision of this by-law, or who fails to comply with an order issued under this By-law shall be deemed to be committing a continuing offence for each day that the offence remains in contravention, or for each day they fail to comply with the order.
8.3. Upon conviction a person may be liable:
a) upon a first conviction, to a fine of not less than $100.00 and not more than $50,000.00;
b) upon a second or subsequent conviction for the same offence(s), to a fine of not less than $300.00 and not more than $100,000.00;
c) Upon conviction to a continuing offence, to a fine of not less than $100.00 and not more than $10,000.00 for each day or part of a day that the offence continues. The total of the daily fines may exceed $100,000.00; and
d) upon conviction of a multiple offence, for each offence included in the multiple offence, to a fine of not less than $100.00 and not more than $10,000.00. The total of all fines for each included offences is not limited to $100,000.00.
8.4. Upon a conviction being entered, the court in which the conviction was entered an any court of competent jurisdiction thereafter may, in addition to any other remedy and to any penalty imposed in this By-law, make an order prohibiting the continuation or repetition of the offence by the person convicted. |
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9. Validity and Severability |
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9.1. Notwithstanding any section, subsections, clause, paragraph or provision of this By-law, or parts thereof may be declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or beyond the powers of Council to enact, such section or sections or parts thereof shall be deemed to be severable and that all other sections or parts of this By-law are separate and independent therefrom and enacted as such as a whole. Same shall not affect the validity or enforceability of any other provisions of this By-law or of the By-law as a whole.
9.2. Any reference to a statute, regulation, by-law or other legislation in this By-law shall include such statute, regulation, By-law or other legislation or provision thereof as amended, revised, re-enacted and/or consolidated from time to time and any successor legislation thereto.
9.3. Where there is any conflict between the provisions of this By-law and any other By-law or legislation, the provisions of this By-law shall prevail to the extent of the conflict. |
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10. Short Title |
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10.1. This By-law shall be cited as the “Clean Yards By-law”. |
| 11. Repeal |
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11.1. This By-law repeals By-law No. 2008-070 in its entirety, as of the date of the enactment of this By-law. |
| 12. Force and Effect |
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12.1. This By-Law shall come into force and take effect on the date of enactment. (Enacted April 17, 2012)
Original copy signed Original copy signed Glen Knox, Acting Clerk Doug White, Mayor
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