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HomeMy WebLinkAboutKIN 90 024 Waste Disposal Bylaw . . THE CORPORA TION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1990 - 24 TOWN OF KINCARDINE WASTE DISPOSAL BY-LAW WHEREAS subsection Chapter 302, as municipalities to disposing of waste 210 (83) of the Municipal Act, R.S.O. 1980, amended, authorizes the Councils of local pass by-laws to control and regulate the materials and garbage; AND WHEREAS the Council for The Corporation of the Town of Kincardine deems it expedient to enact such a by-law; NOW THEREFORE the Council of The Corporation of the Town of Kincardine ENACTS as follows: 1.0 DEFINITIONS For the purposes of this by-law, the following definitions shall apply: 1.1 "REFUSE" includes all garden or grass cuttings, leaves, and twigs. 1 .2 "GARBAGE" includes all animal and vegetable waste material from the preparation of food, cans, sweepings, papers, cardboard, wearing apparel, cold ashes, bottles, glass, except certain trade and industrial waste and building materials. 1.3 "TRADE AND INDUSTRIAL WASTE AND BUILDING MATERIALS" includes waste from a trade or industrial operation and includes refuse and garbage contained in bins or not placed in receptacles in accordance with paragraph hereof. 1.4 "LITTER" includes any material left or adandoned in a place other than a receptacle or place intended or approved for receiving such material and, the verb "litter" and its derivatives have a corresponding meaning. 1.5 "RESIDENT" is a person, company, corporation, or partnership who ordinarily resides or ordinarily has a place of business within the limits of the Town of Kincardine. Any other person, company, corporation or partnership is a non-resident. Page 2 Town of Kincardine Waste Disposal By-Law No. 1990 - 24 2.0 WASTE DISPOSAL SITE 2.1 A waste disposal site shall be established in the Town of Kincardine in those parts of the said Town described as follows: . "Parts of Lots A and B, Concession "A", on the east side of Valentine Avenue". 2.2 No person shall use the said waste disposal site for the disposal of wastes other than when opened for such purpose by the erection of an appropriate sign by the Town of Kincardine. 2.3 No person shall use the said waste disposal site for any other purpose than as defined in this By-law. 2.4 No person shall deposit refuse, garbage, trade and industrial waste and building materials in the said waste disposal site other than on the following days and only at the following times: Mondays only Tuesday through Friday saturdays only 1: 00 p.m. to 4:30 p.m. 8:00 a.m. to 12:00 noon and 1: 00 p.m. to 4:30 p.m. 8:30 a.m. to 12:00 noon 2.5 Building materials shall landfill site if they are non-burnable materials. only be permitted in the separated into burnable and 2.6 No person shall deposit refuse, garbage, trade and industrial waste and building materials as defined in this By-law from outside the Corporate limits of the Town of Kincardine in or at any waste disposal site within the Town of Kincardine. 2.7 The said waste disposal site shall be closed all day on Sundays and on all other holidays, statutory or otherwise, observed by the Town of Kincardine. 2.8 No person, without first having obtained a permit in writing from the Manager of Public Works shall remove any waste material from the said site, the said waste materials being deemed to be on the property of the Town once deposited on the said site. 2.9 No person shall enter into or go on the said site except persons who are there for the purpose of disposing of waste materials or are there for some other lawful purpose. 2.10 A fence shall be constructed around the said site and a gate with a lock shall be placed in the said fence and a custodian or custodians shall be engaged to be on duty at the said site or sites, as may be directed by the Council and any person wishing to dispose of waste materials at the said site or sites shall obey the reasonable instructions of the said custodian. . Page 3 Town of Kincardine Waste Disposal By-law No. 1990 - 24 . 2.11 The Council of the Town of Kincardine may, by resolution, where they are of the opinion that any person dumping or proposing to dump waste materials at any of the said sites is conducting himself unreasonably and not in accordance with the intent of this by-law, or is in breach of this by-law, may prohibit such person or persons from using said waste disposal sites or any of them. 2.12 No person shall deposit any garbage, refuse and waste materials which are or may be subject to blowing away by the wind not tied up or packaged or securely placed in containers before being deposited in or left at any of such waste disposal sites and all such garbage, refuse and waste materials shall be deposited or left as may be directed by the custodian of such site and if, in the opinion of such custodian, such garbage, refuse or waste materials are not secured in accordance with the provisions of this by-law, he may refuse to accept such garbage, refuse, or waste materials. 2.13 Persons who are not under special contract or agreement with the Town of Kincardine shall be required to pay a fee to enter and make use of the Valentine Avenue waste disposal site. The fee shall be payable at the gate in exact amounts or invoiced. The Schedule of fees shall be as set out in the Town of Kincardine's Consolidated Fee By-law. 3.0 GARBAGE COLLECTION 3.1 The municipality shall collect such refuse and garbage f rom all dwellings, town house developments and apartment buildings in the said Town at least once a week and from all places of business as established by the Public Works Committee. 3.2 The refuse and garbage other than in receptacles such as metal or plastic containers, plastic bags or boxes suitably lined with a moisture proof bag/liner, in such a way that it will not interfere with vehicular or pedestrian passage and not more than five feet or less than 15 feet from the travelled portion of the road. 3.3 No person shall place collection other than locations indicated: refuse or garbage the following days out for for the Monday all commercial outlets within the Town of Kincardine. Tuesday the area south of Broadway and north and west of the penetangore River tributary which lies west of the High School and west of a line running along Victoria Street and William Street. Wednesday - the area north of Broadway. Thursday the area south of the Penetangore River . Page 4 Town of Kincardine Waste Disposal By-law No. 1990 - 24 Friday the area east of the penetangore River being Huron Heights subdivision, Durham Street east of Victoria Street and South of Broadway. . 3.4 No person shall place refuse or garbage packages not for collection in excess of 11 kilog rams (25 pounds) per package. 3.5 pick up of refuse and garbage commences at 8:00 a.m. for Residential users and 7:00 a.m. for Commercial users. 3.6 The collection and the removal of such household or domestic wastes shall be made at such times and on such occasions and in such manner as the Council may from time to time direct by resolution. 4.0 LITTER 4.1 No person shall leave or abandon any material in any place in the Town of Kincardine in a manner, receptacle or wrapping such that it is reasonably likely that the material will become "litter". 5.0 MISCELLANEOUS 5.1 Any person, whether acting personally or through an agent, a representative or employee and any such agent, representative or employee contravening and provision of this By-law shall be guilty of an offence and shall be liable upon conviction to a penalty not exceeding ONE THOUSAND ($l,OOO.OO) DOLLARS, exclusive of costs, under the Provincial Offences Act. 5.2 By-law 4537 passed on the 18th day of August, 1983 and by-law 1989 - 70 passed on the 15th day of June, 1989 and by-law 1989 - 97 passed on the 5th day of October, 1989, be and the same are hereby repealed. 5.3 This by-law may be cited as the "Town of Kincardine Waste Disposal By-law". READ a FIRST and SECOND time this 5th day of April, 1990. ~ . 1!Jruv ¡} ¿r¿d/ Mayor ~ /J lq¡~~1J Mayor day of April, 1990. READ a THIRD time and FINALLY .