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By-law No. 2017-021 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-021 BEING A BY-LAW FOR THE PROVISION OF RECYCLING AND WASTE COLLECTION AND TO PROHIBIT THE DEPOSITING OF REFUSE OR DEBRIS ON LANDS WITHIN THE MUNICIPALITY OF BAYHAM WITHOUT THE CONSENT OF THE PROPERTY OWNER OR OCCUPANT OF THE LAND. WHEREAS, Section 11 of the Municipal Act, 2001, S.O 2001, c.25, as amended, provides that a municipality may pass a by-law with respect to the health, safety and wellbeing of persons; AND WHEREAS the Council of the Municipality of Bayham deems is necessary and expedient to establish regulations respecting Recycling, Waste Collection and to prohibit the depositing of refuse or debris on lands within the Municipality of Bayham without the consent of the property owner or occupant of the land. NOW THEREFORE the Council of the Corporation of the Municipality of Bayham hereby enacts as follows: SHORT TITLE This By-law may be cited as the `Recycling, Waste Collection and Refuse and Debris By-law' SECTION 1 —DEFINITIONS For the purpose of this by-law: 1.1 'Blue Box' shall mean the container or other device supplied by the Municipality, at the cost of the owner, for the collection of recyclable waste. 1.2 `Bayham Garbage Tag' shall mean the self-adhesive tag provided by the Municipality, at the cost of the owner, to be affixed to non-recyclable garbage set out for collection. 1.3 `Construction Debris' shall mean discarded material resulting from the erection, repair, demolition or improvement of buildings, structures or property (including land). 1.4 `Container' shall means: i. a galvanized metal or plastic container with a maximum capacity of approximately 0.8 cubic metre (2.75 cubic feet) being larger at the top than at the bottom and having a handle and fitted lid, such containers shall weigh no more than 18 kilograms (40 pounds) and must be kept in good repair and a sanitary condition; or ii. a polyethylene plastic bag with a maximum capacity of approximately 0.8 cubic metre (2.75 cubic feet) of 1.4 gauge thickness fastened at the top and weighing no more thanl8 kilograms (40 pounds); or iii. any other receptacle as approved by the Municipality. 1 1.5 'Farming Business' shall mean a farming business within the meaning of the Farm Registration and Farm Organizations Funding Act, 1993 that is located within the geographic limits of the Municipality of Bayham. 1.6 'Hazardous Materials' shall include, but not be limited to, the following: i. Antifreeze xii. Pharmaceutical ii. Motor Oil xiii. Flea Powder iii. Auto Batteries xiv. Propane Tanks iv. Nail Polish xv. Floor Wax v. Degreasers xvi. Septic Tank Cleaners vi. Oven Cleaner xvii. Herbicides vii. Disinfectants xviii. Solvents viii. Paints xix. Metal Polish ix. Drain Cleaner xx. Wood Preservatives x. Pesticides xxi. Light bulbs xi. Drycell Batteries 1.7 'Land' shall mean any and all lands within the Municipality, both private and public, and includes highways, road allowances, bridges, culverts, ditches, curbs and gutters, and parks; 1.8 'Major Appliances and Large Household Furnishings' shall mean all large or bulky household mechanisms and/or other articles usually used within a residence and for residential purposes, including but not necessarily limited to refrigerators, stoves, washers, dryers, chairs, sofas, tables, beds, and carpeting. 1.9 'Municipality' shall mean the Corporation of the Municipality of Bayham. 1.10 'Non-collectable' shall include, but not be limited to: i. manufactured or industrial waste; ii. any explosive, hazardous or highly combustible material of any nature whatsoever, including ashes; iii. construction debris; iv: sawdust and/or shavings; v. liquid waste; vi. hay, straw and manure; vii. carcass of any animal; viii. major appliances and/or large household furnishings; ix. any material which has become frozen to the container and cannot be removed by shaking; x. discarded tires; xi. any appliance that contains or operates on Freon gas; and xii. Hazardous Materials. 1.11 'Non-recyclable Garbage' shall mean all garbage and other refuse except non-collectable waste and recyclable waste. 2 1.12 `Officer' shall mean a Municipal Law Enforcement Officer, a person authorized by Council with the responsibility for enforcing and administering this by-law as appointed by Municipality of Bayham By-law, or a Police Officer; 1.13 `Owner' shall mean the person listed as the Owner in the most recent tax assessment roll. 1.14 `Person' shall include an individual, owner, occupant, a sole proprietorship, a partnership, an unincorporated association, a trust, a body corporate or a natural person; 1.15 `Place of business' shall mean a property assessed for commercial property taxes on the Assessment Roll. 1.16 `Recyclable Waste' shall mean such items as the Municipality identifies from time to time as being suitable for collection for recycling purposes. 1.17 `Refuse' or `Debris' shall include but is not limited to: i. animal waste and excrement ii. carcass, hides, bones or feathers of any animal or bird iii. construction and landscaping debris iv. celluloid cuttings, v. hazardous waste vi. non-recyclable waste vii. recyclable waste viii. material or thing soaked in oil or gasoline ix. domestic waste x. grass cuttings, leaves and vegetation xi. hay, straw and manure xii. manufacturers/industrial waste xiii. sawdust and shavings xiv. sewage and paper sludge xv. snow and ice xvi. swill, soil, dirt earth or organic material xvii. tree branches or roots xviii. wrecked, dismantled, discarded, inoperative or abandoned machinery, Vehicles, trailers, boats and their component parts, and includes Vehicles that appear by — reason-of-their-appearance, mechanical condition-or-lack-of-current--permit-plates- to be inoperable, and tires; 1.18 `Residential Unit' shall mean one or more habitable rooms assessed for residential property taxes on the Assessment Roll and occupied or designed to be occupied by one or more persons as an independent and separate housekeeping establishment in which separate kitchen and sanitary facilities are provided for the use of such persons or persons. Section 2 — General Provisions 2.1 No Person shall, knowingly or unknowingly, throw, place or deposit, or cause or permit or allow to be thrown, placed or deposited, any Refuse or Debris on any Land Within the limits of the Municipality, without the written consent of the owner or occupant of the Land. 3 2.2 No Person shall, knowingly or unknowingly, fail to remove any recyclable waste, waste, containers or receptacles used for any Refuse or Debris prior to 7:00PM on the day following the normal waste pick-up day. 2.3 No person shall knowingly or unknowingly set out any recyclable waste, waste, containers or receptacles used for any Refuse or Debris prior to 4:00 PM of the day prior to collection of that waste is scheduled. 2.4 No Person shall fail to retrieve Refuse or Debris from the location it had been set out for collection pursuant to this Bylaw by 7:00 PM on the calendar day on which on which collection was scheduled and which Refuse or Debris had not been collected by the Municipality during that day. Section 3—Collection of Waste 3.1 Collection of non-recyclable garbage will be made weekly on the day or days of the week designated by the Municipality. 3.2 Collection of recyclable waste will be made weekly on the day or days of the week designated by the Municipality. 3.3 All recyclable waste shall be separate from non-recyclable garbage and placed in or beside the blue box in accordance with the procedures established by the Municipality. 3.4 The Municipality shall not collect non-collectable waste as defined in this By-law from any residential unit or place of business within the Municipality. 3.5 The Municipality shall not collect any non-recyclable garbage from any residential unit or place of business within the Municipality unless such garbage is placed in a container meeting the requirements of this By-law. 3.6 No person other than a resident of the Municipality or a person who operates a place of business or a farming business within the Municipality, or their agents, shall set out waste for collection. Waste set out for collection shall not include waste from residential units, places of business or farming businesses not within the Municipality. 3.7 No person shall set out waste for collection except at the residential unit or the place of business at which the waste is generated, unless mutually agreed to between abutting property owners. 3.8 The location and type of container for collection of non-recyclable and recyclable waste for apartment buildings, row houses and multiple unit houses will be subject to the approval of the Municipality. 3.9 All special structures or buildings provided for the storage of containers and blue boxes shall at all times be maintained in a clean and sanitary condition preventing entry by rodents and insects, and constructed for easy access by the Municipality. 3.10 The Municipality, if a holiday or holidays occur in any week of regular collection, reserves the right to collect non-recyclable garbage and recyclable waste at the Municipality's convenience. 4 3.11 Non-recyclable garbage and recyclable waste components shall be separated and set out for collection in accordance with the provisions of this By-law. Section 4— Collection Procedure 4.1 Where non-recyclable garbage and recyclable waste is set out for collection on the same day, containers of non-recyclable garbage shall be placed together but set apart from the recyclable waste. Recyclable waste may be set out with the blue box. 4.2 All waste that is set out for collection by the Municipality shall be placed at the curb or on the boulevard of a public street in front of or adjacent to the residential unit on the side of the public street designated by the Municipality. The Municipality may designate alternate locations for placement to meet collection needs. All waste set out for collection shall have affixed, a Bayham Garbage Tag, pursuant to the provisions of this by-law. 4.3 There is no limit on the quantity of recyclable waste which may be set out for collection at one time except from a place of business where the amount of any type or types of recyclable waste to be collected may be limited by the Municipality from time to time. 4.4 Waste set out for collection shall be placed at or near the applicable curb or boulevard before 7:00 AM of the day on which collection of that waste is scheduled, provided that, at all times, such waste shall not be set out for collection prior to 4:00 PM of the previous day. 4.5 Waste which is set out for collection shall be separated into recyclable and non-recyclable categories. The Municipality shall have sole discretion to determine if such waste is not to be collected. 4.6 Any waste, which the Municipality declines to collect, shall be removed by the owner or occupant of the residential unit or place of business by or on whose behalf the waste was placed for collection before 7:00 PM of the calendar day on which the collection was scheduled. Such uncollected waste shall be disposed of privately or may be properly separated and prepared in accordance with this By-law and set out again for collection on another scheduled day. 4.7 By notice to the public from time to time, the Municipality may designate days and times for the collection of leaves, tree limbs and brush or supply times and locations of drop- offs. Brush and tree limbs shall be compacted and tied in bundles not more than 0.9 metre (3 feet) in length or placed in an enclosed container. Leaves shall be placed for collection in accordance with the procedures established by the Manager. In no instance shall a bundle or container weigh more than 18 kilograms (40 pounds). 4.8 The Municipality may designate household hazardous waste days and locations, approved by the Ministry of Environment as may be required, to accept household hazardous materials. 4.9 By notice to the public from time to time, the Municipality may designate days and times for the collection or supply times and locations of drop-offs of major appliances and large household furnishings as defined by this By-law and/or other non-recyclable garbage. 5 4.10 No person shall pick over, interfere with, disturb, remove or scatter any containers of waste which have been set out for collection, provided that, by notice to the public from time to time, the Municipality may designate certain days for the salvaging of major appliances, large household furnishings and/or any other items that may be specified by the Municipality. Section 5 — Requirements for Bavham Garbage Tags 5.1 No person shall set out for collection any plastic bag, as referred to within the definition of "container" pursuant to this By-law, of non-recyclable garbage unless: i. it has a current year"Bayham Garbage Tag" affixed to its exterior; and ii. the current year "Bayham Garbage Tag" is affixed in such a fashion as to be clearly visible to the contractor. 5.2 No person shall set out for collection a container of non-recyclable garbage, save and except with a plastic bag as referred to in Section 5.1 above, unless: i. it has a current year "Bayham Garbage Tag" affixed to the top item inside the receptacle; and ii. the current year "Bayham Garbage Tag" is affixed in such a fashion as to be clearly visible to the contractor upon removal of the receptacle's lid. 5.3 The fee for a current year"Bayham Garbage Tag" shall be as set out in Schedule "A" of this by-law. The payment of such fee shall be made to the Municipality or its authorized agents. 5.4 Any non-recyclable garbage not exhibiting a current year "Bayham Garbage Tag" as reflected in Section 5 of this by-law shall not be collected by the contractor retained by the Municipality to do so. Section 6 — Enforcement 6.1 Every Person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to a fine or penalty for each offence, exclusive of costs, as prescribed by the Provincial Offences Act, R.S.O. 1990, and c.P.33, as amended. 6.2 _ - Inrziditton-toany- enalty otherwise provided by law, any person found-in-contravention- of this Bylaw shall also be liable to the Municipality for the cost removal of any waste, refuse, or debris associated with such contravention. 6.3 This by-law shall be enforced by a Municipal Law Enforcement Officer or a Police Officer. Section 7 -Administration 7.1 If any provision of this By-law is declared invalid for any reason by a Court of competent jurisdiction, it is intended that such a provision shall be severed from the By-law and that the remainder of the By-law shall continue in full force and effect. 7.2 This By-law shall come into full force and effect on March 2, 2017. 6 By-law No. 2017-021 Schedule "A" 1. The Municipality shall provide: a) Each Residential Unit with 52 "Bayham Garbage Tags" for the year 2018 at no charge to the owner. Tags will only be valid in the year for which they were issued. Additional tags may be purchased from the municipality at a cost of$2.00 per tag. b) Each Place of Business with 86 "Bayham Garbage Tags" for the year 2018 at no charge to the owner. Tags will only be valid in the year for which they were issued. Additional tags may be purchased from the municipality at a cost of$2.00 per tag. c) Each Farming Business with 16 "Bayham Garbage Tags" for the year 2018 at no charge to the Farming Business upon the Farming Business providing the Municipality with a valid Farming Business Registration Number. Additional tags may be purchased from the municipality at a cost of$2.00 per tag. 2018 Bag Tag Distribution Property Type No. of Free Tags Residential 52 Commercial 86 Agricultural (with Farm No.) +16 8 7.3 By-law No. 2012-029 as amended, and 1996-004 as amended, shall be repealed in their entirety READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2nd DAY OF MARCH, 2017. "6(1/(ir Av May%'r 7