3810 To establish and maintain clean lands and to repeal by-law 2996THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 3810
A BY-LAW to establish and maintain clean and clear lands and to repeal by-law 2996.
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a
municipality has the capacity, rights, powers and privileges of a natural person, for the purpose
of exercising its authority under this or any other Act;
WHEREAS Section 11 (3) of the Municipal Act, 2001, S.O. 2001, c.25 states that a lower-tier
municipality may pass by-laws, respecting matters within certain spheres of jurisdiction;
AND WHEREAS Council may pass by-laws under the following provisions of the Municipal Act
as amended;
AND WHEREAS Section 127 of the Municipal Act 2001, S.O. 2001, c.25, as amended, permits
a municipality may pass by-laws requiring a 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 for regulating when and how such matters shall be done, for prohibiting the disposal of
refuse or debris on land without the consent of the owner or occupant of land and for defining
"refuse";
AND WHEREAS Section 391 (1) of the Municipal Act, 2001, S.O. 2001 c. 25 states that section
11 authorizes a municipality to impose fees or charges on persons, for services or activities
provided or done by the municipality.
AND WHEREAS section 446 of the Municipal Act 2001, S.O. 2001, c. 25 as amended provides
that if a municipality has the authority under this or any other Act or under a by-law under this
or any other Act to direct or require a person to do a matter or thing, the Municipality may also
provide that, in default of it being done by the person directed or required to do it, the matter or
thing shall be done at the person's expense and the Municipality may recover costs of doing a
matter or thing from the person directed or required to do it 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
TILLSONBURG ENACTS AS FOLLOWS:
SECTION 1 SCOPE OF BY-LAW
1.1 SHORT TITLE
This By-law and any amendments thereto shall be known as the "Tillsonburg Clean
Yard By-law."
1.2 INTENT AND SCOPE
The purpose of this By-law is to: establish and maintain lands in a clean and clear
condition, within the corporate limits of the Town of Tillsonburg.
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1.3 CONTENT OF BY-LAW
All references in the By-law to sections, regulations, exceptions, Tables, figures,
schedules and maps, refer to those in this By-law unless otherwise indicated.
1.4 RELATION TO OTHER GOVERNMENT REQUIREMENTS (COMPLIANCE WITH
OTHER REGULATIONS)
This By-law shall not be construed so as to reduce or mitigate restrictions or
regulation that is lawfully imposed by the Town, or by any governmental authority
having jurisdiction to make such restrictions or regulations. Compliance with this By-
law does not relieve a property owner from complying with:
SECTION 2
a) the requirements of the Ontario Building Code;
b) the requirements of any federal, provincial, regional, or conservation
authority legislation or regulations; or any By-law of the Municipality.
DEFINITIONS AND INTERPRETATION
2.1 DEFINITIONS
The terms set out below shall have the following meanings in this By-law:
"BY-LAW ENFORCEMENT OFFICER" means a person appointed by the Council of The
Corporation of the Town of Tillsonburg or their designate for the purpose of enforcing
Municipal by-laws and, for the purpose of this By-law
"CONSTRUCTION WASTE" includes every and all material used for residential, commercial
and industrial construction. The term construction waste does not include material with a
designated use. Designated use is defined as material to be utilized in the project within 30
days of such items arrival at the construction site. Construction waste shall not include any
material for which the by-law officer has specifically exempted, with reference to this by-law, in
any sub-division agreement. Construction waste shall not include any material for which the
Town has specifically exempted in writing
"DERELICT" shall include any vehicle, machinery, trailer, boat, or vessel;
a) which has broken or missing parts of such sufficiency so as to render it incapable of
being licensed to operate where such licensing as necessary in its current condition but
shall not include a motor vehicle actively being repaired or restored by the owner or;
b) which is in a wrecked dismantled, discarded, inoperative or abandoned condition
"DERELICT VEHICLE" means a motor vehicle as defined in the Highway Traffic Act that is:
a) inoperative by reason of removed wheels battery motor transmission or other equipment
necessary for its operation.
b) not in roadworthy condition
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c) in a state of disrepair or unslightly by reason of missing door, glass or body
"DWELLING UNIT" means a suite of two or more rooms, designed or intended to be used for
human habitation and to accommodate a single household, in which sanitary conveniences and
cooking facilities are provided and which has a private entrance either from the outside of the
building or through a common hallway
"GARBAGE" has the same meaning as waste material
"HIGHWAY" shall have the same meaning as the Highway Traffic Act, RSO 1990, c. H.8, as
amended, and shall include a common and public highway, street, parkway, driveway, square,
place, bridge, viaduct, or trestle, any part of which is intended for, or used by the general public
for the passage of vehicles and includes the area between the lateral property lines thereof
"INDUSTRIAL WASTE" means 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
"MOTOR VEHICLE" includes an automobile, a motorcycle, a motor-assisted bicycle unless
otherwise indicated in the Highway Traffic Act, RSO 1990, and any other vehicle propelled or
driven otherwise than by muscular power, but does not include a street car or other motor
vehicle running only upon rails, a power-assisted bicycle, a motorized snow vehicle, a traction
engine, a farm tractor, a self-propelled implement of husbandry or a road-building machine
"NATURALIZED AREA" means a landscape area that has been deliberately implemented to
produce ground cover which consists of one or more species of wildflowers, annuals,
perennials, shrubs and grasses or a combination thereof
"ORDER" mean the written order as set out in Section 8 of this by-law
"OWNER" means a registered owner of land, or any person in control of land, including a
lessee or an occupant thereof
"PERSON" means an individual, firm, proprietorship, partnership, association, syndicate, trust,
corporation, department, bureau, and agency; and includes an owner
"PRIVATE DRAIN" means a drain or sewer or part thereof situated on private property
"REFUSE" has the same meaning as waste material
"SEWAGE" includes any liquid waste containing human, vegetable, animal 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 run-off
"STANDING WATER" means any water, other than a natural body of water that exist on a
permanent basis or contained within a municipally owned storm water management facility, that
is found either on the ground or in waste as defined in this by-law, but shall not include any of
the following maintained in good repair and working condition; swimming pool, hot tub, wading
pool, drainage swale or artificial pond
"TOWN" means the Corporation of the Town of Tillsonburg
"WASTE MATERIAL" means material or substance that is unusable or unwanted effluent that,
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in the opinion of the By-Law Enforcement Officer but is not limited to:
a) Broken or discarded material
b) Disconnected appliances and /or parts of such appliances
c) Indoor furniture
d) Domestic Waste
e) Industrial waste
f) Inoperable/Derelict Vehicles/Parts
g) Material resulting from construction
h) Appears to be abandoned, worthless, worn out and of no practical value
"YARD" means the land within the boundary lines of a property not occupied by a principal
building, if any, includes grounds or vacant property
"PUBLIC PROPERTY" means property owned by or under the control of the Town of
Tillsonburg or any of its agencies, boards or commissions, including public highways, and shall
be deemed to include Public Utility Poles
SECTION3 GENERAL STANDARDS
3.1 Every owner shall ensure that his land is kept free and clear of any:
i. Weeds, grass or ground cover that is more than 20 centimeters or (8 inches) in
height
ii. Garbage, domestic, industrial, construction waste or waste material of any kind
iii. Derelict/inoperable vehicles or parts
3.2 Every owner of land shall ensure that:
i. No person shall throw, place or deposit refuse or debris on private property
without the written authority of the owner or occupant of the property
ii. Every owner shall provide for the sanitary disposal of sewage and drainage from
his or her land or buildings
iii. Every owner shall keep his or her private drain in good repair
iv. No person shall use any land or structure within the limits of the Town for
dumping or disposal of garbage, refuse, domestic, industrial, construction waste
or waste material of any kind, unless it is a approved dumping site by the Town
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SECTION 4 NATURALIZED AREA
4.1 All naturalized areas must be in accordance with the following requirements:
i. Any naturalized area on their land does not encroach above or onto any adjacent.
property
ii. Where any naturalized area on their land is located within a sight line triangle, as
defined by the Zoning By-law, such naturalized area complies with the maximum
height regulations in the Zoning By-law respecting site triangles
iii. No fill shall be allowed to remain in an unleveled state on any property longer
than 10 days (10) days unless the property is:
a. A property on which a building permit or is in effect
b. A property being subdivided under subdivision agreement with the Town
c. Property upon which material is being stored with the approval of the Town
of Tillsonburg in connection with a public works contract
d. Zoned for such use as per the Town of Tillsonburg's Zoning By-law
SECTION 5 COMPOSTING
5.1 All composting shall be carried out by the owner/tenant of the land in accordance with
the following requirements:
i. Composting shall take place only in a container, pile or digester
ii. Composting shall take place in the rear yard of a property
iii. Composting shall be set back at least 0.6 meters (2 feet) from any property line
iv. The composting shall not take place within a swale
v. The composter or compost pile shall be no larger than 4.5 cubic meters, in a
residential zone or abutting a residential zone.
vi. A compost container or pile must be covered at all times, in a residential zone or
abutting a residential zone, except when being emptied, or filled.
vii. Organic materials placed in composter shall be kept covered with yard waste,
soil, or humus.
viii. The compost shall emit no offensive odor and it shall not be allowed to attract or
harbour any vermin
ix. The composting shall take place on the property of the person owning, having
charge of or harboring the composter or compost pile
SECTION 6 STANDING WATER
6.1 No person shall keep a swimming pool, hot tub, wading pool, or artificial pond unless it is
maintained in good repair and working condition.
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No person shall permit on the ground or in waste located on their property, standing
water to accumulate or pond.
The owner of the property shall take all necessary steps to remove or dispose of the
standing water. This may include but not limited to: draining or filling of excavations and
depressions, installing screening or netting to prevent the breeding of mosquitoes, or the
treatment of the property or any part thereof with a larvicide chemicals.
SECTION 7 ADMINISTRATION
7 .1 This by-law shall be enforced by the By-law Enforcement Officers.
For the purpose of ensuring compliance with this By-law, a By-law Enforcement Officer
may at all reasonable times enter upon and inspect any land to determine whether the
following is being complied with:
i. The provisions of this by-law
ii. An order made under this by-law
An officer may, for the purpose of inspection:
i. Require the production for inspection of documents or things relevant to the
inspection
ii. Inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts
iii. Require information from any person concerning a matter related to the
inspection
iv. Alone or in conjunction with a person possessing special or expert knowledge,
make examinations or take tests, samples or photographs necessary for the
purpose of the inspection
Any cost incurred from this will be at the owner's expense.
No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer or other
person exercising a power or performing a duty under this by-law.
SECTION 8 ENFORCEMENT
8.1 An officer may by written order, sent by regular mail to the last known address (last
revised assessment roll), posted on site or personally delivered to owner or owners of
property, within the time specified in the order to:
i. Discontinue the contravening activity, and/or
ii. Do work to correct the contravention
8.2 The order will state:
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i. the section that is in contravention of the by-law
ii. the location/address of the contravention
iii. reasonable particulars of the contravention
iv. the work to be completed
v. the date by which the work must be completed (minimum 1 O days will be
provided)
Where an owner contravenes an Order the officer may without any further notice cause the
work to correct the contravention to be done at each owner's expense. Without limitation, the
officer may retain such persons to assist in completing the work as the By-law Enforcement
Officer determines appropriate.
All costs incurred by the Town in relation to such work may be recovered by the Town by being
added to the tax roll and collected in the same manner as property taxes. An administrative fee
will also be added as per the annual Rates and Fee By-law.
SECTION 9 PENALTY
Each person who contravenes any provision of this by-law is guilty of an offence.
A person convicted of an offence contrary to a provision of this by-law in a proceeding
commenced under Part Ill of the Provincial Offences Act, R.S.O. 1990, c. P.33, is liable to a
fine of no less than five hundred dollars($500.00), and no more than Ten Thousand Dollars
($10,000) for each day or part of a day on which the offence occurs or continues provided that
the total of all daily fines for the continuing offence shall not exceed One Hundred Thousand
Dollars($100,000).
A person convicted of an offence contrary to a provision of this by-law in a proceeding
commenced under Part 1 of the Provincial Offences Act, R.S.O. 1990, c. P.33, is guilty of an
offence and on conviction is liable to a fine as provided in the Provincial Offences Act, R.S.O.
1990, c. P. 33, as amended.
SECTION 10 SEVERABILITY
Where a court of competent jurisdiction declares any section or part of a section of this by-law
invalid, the remainder of this by-law shall continue in force unless the Court makes an order to
the contrary.
SECTION 11 REPEAL
THAT By-Law No. 2996 is hereby repealed in its entirety.
SECTION 12 EFFECTIVE DATE
THAT this By-Law shall take effect on the date of its final passage by the Town's Council.
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READ A FIST AND SECOND TIME THIS ':J..'?J DAY OF Af'"' • \ , 2014.
READ A THIRD AND FINAL TIME AND PASSED THIS '2J3 DAY OF Jf.c-: I , 2014
·May0<-J~
Town Clerk-Donna Wilson
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