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HomeMy WebLinkAboutKIN 83 4537 Proh/Reg Grbg/Waste THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW NO. 4537 BEING A BY-LAW FOR PROHIBITING AND REGULATING THE USE OF ANY LAND WITHIN THE TOWN OF KINCARDINE FOR DUMPING OR DISPOSING OF GARBAGE, REFUSE, OR DOMESTIC OR INDUSTRIAL WASTE OF ANY KIND. - WHEREAS pursuant to the provisions of Section 210(1) paragraph 83 of the Municipal Act, R.S.O. 1980 as amended, the councils of local municipalities may pass by-laws to prohibit or regulate the disposing of waste materials or garbage; DEFINITIONS: í) "REFUSE" includes all garden or grass cuttings,_leaves, and twigs; ii) "GARBAGE" includes all animal and vege le waste material from the preparation of food, cans, sweep"ngs, papers, cardboard, wearing apparel, cold ashes, bo les, glass, except certain trade and industrial waste a n building materials. Hi) "TRADE AND INDUSTRIAL WASTE AND BUILDING MATERIALS" means 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. NOW THEREFORE the Council of the Corporation of the Town of Kincardine ENACTS as follows: 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. The said waste disposal sites shall only be used for the disposal of wastes when opened for such purpose by the erection of an appropriate sign by Town of Kincardine The said waste disposal site shall be used only for the purposes as defined in this By-law. Refuse, garbage, trade and industrial waste and building materials may be deposited on the following days and only at the following times. Monday through Friday - 8:00 a.m. to 12:00 noon and 1:00 p.m. to 4:30 p.m. 3. 4. Saturdays only - 8:00 a.m. to 11:30 a.m. e The municipality shall collect such refuse and garbage from all dwellings, town house developments and apartment buildings in the said Town at least once a week and from all places of business three times each week. The refuse and garbage shall be conveniently placed, in receptacles such as metal or plastic containers, plastic bags or boxes suitably lined with a moisture proof bag/liner, by the person intending to dispose of such refuse or garbage in such a way that it will not interfere with vehicular or pedestrian passage and not more than five feet to the travelled portion of the road. S.a. The garbage collection schedule shall be as follows: S. Monday - all commercial outlets within the Town of Kincardine ............ .2 BY-LAW NO. - 2 - Tuesday - the area south of Broadway and north and west of thePenetangore 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 Friday - The area east of the Penetangore River being Huron Heights subdivision, Durham Street east of Victoria Street and South of Broadway. The maximum weight of refuse or garbage packages shall be 11 kilograms (2S pounds). Pick up of refuse and garbage commences at 8:00 a.m. 6. No re~use, garbage, trade and industrial waste and building materials as defined in this By-law from outside the Corporate limits of the Town of Kincardine shall be depositeà in or at any waste disposal site within the Town of Kincardine. 7. The said waste disposal site shall be closed all day on Sundays and on all other holidays, statutory or other- wise, observed by municipal employees. No person, without first having obtained a permit in writing from the Town Clerk shall remove any waste material from the said site, the s~id waste materials being deemed to be the property of the Town once deposited on the said site. 8. 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. 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 suite or sites shall obey the reasonable instructions of the said custodian. 9. 12. 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 person from using said waste disposal sites or any of them. All garbage, refuse and waste materials which are or may be subject to blowing away by the wind shall be 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. . 13. 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 .......................... 3 By~Law No. - 3 - 14 (a) In this Section, "litter" includes any material left or abandoned in a place other than a receptable or place intended or approved for receiving such material and, the verb "litter" and its derivatives have a corresponding meaning. (b) 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". . 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 follows: TYPE OR CAPACITY Cars, small trailers Vans or trucks not exceeding 1 ton Trucks 1 ton and over Wasts disposal trucks (packers) FOR KINCARDINE RESIDENTS ONLY No charge No charge $ S.OO $10.00 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. lS. By-Law 4108 passed on the 1st day of December, 1977 and by-law 4298 passed on the 17th day of July, 1980, be and the same are hereby repealed. 16. 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 ($1,000.00) DOLLARS, exclusive of costs, under the Provincial Offences Act. READ a FIRST and SECOND TIME this 4th day of August 1983. ~/~ Mayor ~ /1j~ Clerk --- READ a THIRD TIME and FINALLY PASSED this 18th day of Augußt, 1983. ~~ ~ ------- ~ Ä1~-'s;¡. Mayor ~ Clerk ~/ -- 'y.-:' -. ..:--:.. .~::. -::.~ ~ ~ . :'::.:::"' . - . .P::;:-. '-