3582-2022 Littering By-Law
BEING A BY-LAW TO PROHIBIT THE THROWING, PLACING OR DEPOSITING OF DEBRIS ON PRIVATE OR MUNICIPAL PROPERTY WITHIN THE TOWNSHIP OF AUGUSTA
Passed by Council September 12, 2022
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3582-2022
A BY-LAW TO PROHIBIT THE THROWING, PLACING OR DEPOSITING OF DEBRIS
ON PRIVATE OR MUNICIPAL PROPERTY WITHIN THE TOWNSHIP OF AUGUSTA
WHEREAS Section 9 of the Municipal Act, 2001, 3.0. 2001, c.25, as amended, provides
that a municipality has the capacity, rights, powers and privileges of a natural person for
the purposes of exercising its authority under the Municipal Act, 2001 or any other Act;
AND WHEREAS Sections 8, 9 and 11 of the Municipal Act, 2001 permits a municipality to
pass By-Laws necessary or desirable for municipal purposes, and in particular paragraphs
5, 6 and 8 of Subsection 11 (2), authorize By-Laws respecting the economic, social and
environmental well-being of the municipality, the health, safety and well-being of persons,
and the protection of persons and property;
AND WHEREAS Section 11(3) of the Municipal Act, 2001, SO. 2001, c. 25 provides that
a local municipality may pass By-Laws regulating highways under its jurisdiction;
AND WHEREAS Section 74, Section 425(1), Section 426 and Section 429 of the Municipal
Act 2001, SO. 2001, c.25, as amended authorizes that a municipality may, in a By-Law
prohibiting or regulating any mailer passed under the “waste management” sphere of
jurisdiction, provide that a person who contravenes the by-law is guilty of an offence and
is liable to a fine; and
AND WHEREAS Section 127 of the Municipal Act, 5.0.2001, c. 25, as amended, permits
councils of local municipalities to pass By-Laws for requiring the 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, to regulate when and how such mailers shall be done, to
prohibit the depositing of refuse or debris on land without the consent of the Owner or
occupant of the land, and to define “refuse”; and
AND WHEREAS Section 180 of the Highway Traffic Act R.S.O. 1990, c. H.8, s. 180. Every
person who throws or deposits or causes to be deposited any glass, nails, tacks or scraps
of metal or any rubbish, refuse, waste or lifter upon, along or adjacent to a highway, except
in receptacles provided for the purpose, is guilty of the offence of littering the highway;
AND WHEREAS section 425 of the Municipal Act, 2001, 5.0. 2001, c.25, provides for a
municipality to pass By-Laws providing that a person who contravenes a By-Law of the
municipality passed under the Act is guilty of an offence;
AND WHEREAS section 426 of the Municipal Act, SO. 2001, c25 provides that no
person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is
exercising a power or performing a duty under this Act or under a By-Law passed under
this Act;
AND WHEREAS section 429 of the Municipal Act, SO. 2001, c.25 provides for a
municipality to establish a system of fines for offences under a By-Law of the municipality
passed under this Act;
AND WHEREAS Section 436 of the Municipal Act, 2001 provides for a municipality to
pass By-Laws that authorize the municipality to enter on land at any reasonable time for
the purpose of carrying out an inspection to determine if a By-Law of the Municipality. is
being complied with, or to determine if an order or direction of the municipality made
under the Act or made under the By-Law is complied with, and may require information,
inspect documents and take samples.
AND WHEREAS section 444 of the Municipal Act, 2001, provides that a municipality may
make an order to require a person to discontinue contravening a By-Law and to do the
work required to correct the contravention;
AND WHEREAS Section 445 of the Municipal Act, 2001, provides that if a municipality is
satisfied that a contravention of a By-Law of the municipality passed under the Municipal
Act has occurred, the municipality may make an order requiring the person who
contravened the By-Law or who caused or permitted the contravention or the owner or
occupier of the land on which the contravention occurred to do work to correct the
contravention;
AND WHEREAS it is deemed desirable and expedient to prohibit the throwing, placing or
depositing of refuse or debris on property within the Municipality without authority from
the Owner or occupant of such property;
NOW THEREFORE The Council of the Corporation of the Township of Augusta enacts
as follows:
1. DEFINITIONS
In this By-Law,
1.1. “Council” means The Council of The Corporation of the Township of Augusta
1.2. “Debris” means all waste, garbage, litter, rubbish, material, refuse, discarded
paper or wrappers, cigarette buffs and any other discarded or abandoned
commodities of any kind whatsoever and without limiting the generality of the
foregoing includes a motor vehicle that appears by reason of its age, appearance,
mechanical condition or lack of licence plates to be inoperative, inoperative
mechanical equipment, automotive and mechanical parts, disused furniture, old
clothing, garden or yard refuse, earth or rock fill, old or decayed lumber, material
from construction or demolition projects and other vehicles, machinery
equipment, materials or structures apparently disused in their existing location;
1.3. “Officer” shall mean the By-Law Enforcement Officer for the Township of
Augusta as appointed by Council, Police Officer, any other person or company
directed by the Clerk to enforce parts of this By-Law, agents and all other
Enforcement Officers as may be appointed by the Province of Ontario.
1.4. “Owner” includes an occupant, lessee, tenant, mortgagee in possession, and
the person in charge of the property;
1.5. “Person” means any human being including a Corporation or an Owner:
1.6. “Private property” means buildings, structures, lands and premises within the
Township that are not owned, leased, licensed or occupied by the Township;
1.7. “Property” means all buildings, structures, lands and premises within the
Township;
1.8. “Receptacle” means any bin, dumpster or other device placed on property, by
the Owner of such property, for the disposal of debris.
1.9. “Township” shall mean The Corporation of the Township of Augusta.
1.10. “Township property” includes:
1.10.a. buildings and structures within the Township of which the Township is the
Owner, lessee or licensee;
1.10.b. lands and premises within the Township of which the Township is the
registered Owner, lessee or licensee;
1.10.c. lands and/or premises within the Township of which the Ownership has
been vested in the Township through statute or otherwise; and
1.10.d. without limiting the generality of the foregoing, includes those roads and
road allowances under the jurisdiction of the Township or the United Counties
of Leeds and Grenville whether open or closed.
2. GENERAL
2.1. No person shall throw, dump, place or deposit debris on private property without
authority from the Owner or occupant of such property.
2.2. No person shall throw, dump, place or deposit debris on Township property
without authority from the Township.
2.3. No person shall place any debris in a receptacle which is not owned by the
Township except with the consent of the Owner of such receptacle.
2.4. No person shall deposit any debris in a receptacle owned by the Township
except with the consent of the Township.
2.5. No person shall permit debris to be blown or otherwise transferred or conveyed
from the property or vehicle occupied by them on to any lane, street, creek, water
course, roadway or other property in the Township.
2.6. Every person who is deemed to be in violation of any section of 2. and has been
ordered by an Officer to clean up such debris, shall comply with the order. The
clean up of the debris shall be completed within 24 hours of receiving the order.
3. EXEMPTIONS
3.1. Where, in the normal course of waste collection, a person deposits acceptable
debris on a highway or on land owned by the Municipality in compliance with the
provisions of applicable By-Laws respecting garbage and waste collection.
3.2. Where, in the course of engaging in home composting, a person deposits grass,
tree trimmings and pruning’s, garden waste and other vegetable matter in a home
composter.
3.3. Where, during the course of construction on a property, construction materials
including excavated material or fill are stored on that property.
4. PENALTY
4.1. Any person who contravenes any provision of this By-Law shall be guilty of an
offence and upon conviction, shall be liable to a penalty as provided under the
Provincial Offences Act. Provincial Offences Act, R.S.O. 1990, c.P33. as
amended, as set out in Schedule A” Set Fines
4.2. Each day on which a person contravenes section 2.7 of this By-Law shall be
deemed to constitute a separate offence under this By-Law as provided for in
section 429(2) of the Municipal Act, S.D. 2001, c. 25
5. OTHER
5.1. Where a provision of this By-Law conflicts with a provision of another By-Law
enforced in the Township. the provisions that establish the higher standard shall
prevail in order to protect the health, safety and welfare of the general public.
5.2. This By-Law shall come into force and take effect upon its passing.
5.3. Schedule “A’ shall constitute part of this By-Law.
6. SEVERABILITY
6.1. If any provision of this By-Law or application thereof to any person or
circumstance is held invalid by any Court, other provisions or applications of the
By-Law which can given effect without the invalid provision or application shall not
be affected, and to this end the provisions of this By-Law are declared to be
severable.
7. ENFORCEMENT
7.1. The This By-Law may be enforced by all Officers.
7.2. Subject to the provisions of Section 7.3 of this By-Law, wherever this By-Law
directs or requires anything to be done, in default of it being done by the person
directed or required to do it, such thing may be done under the direction of an
Officer at the expense of such person. The fee for such services shall be payable
by the person within 30 days of the account being rendered. If the person is an
Owner, and if the fees are not paid within 30 days, the expenses may be added to
the tax roll of the property Owner and shall bear interest at the same rate that
applies to overdue taxes, and collected in like manner as municipal taxes.
7.3. At least seven days before proceeding under Section 7.2, the Officer shall give
written notice to the Owner of the property informing the Owner of his or her
intention to proceed, which notice may be either delivered to the Owner in person
or sent by prepaid ordinary mail to the Owner at the address shown for him or her
on the last revised assessment roll and such mailing of the notice shall be
deemed to be good and sufficient delivery of the same to the Owner.
7.4. No person shall provide false information or give a false statement to an Officer,
employee and/or agent of the Municipality in the lawful exercise of a power or
duty under this By-Law.
7.5. No person shall hinder or otherwise obstruct, nor attempt to hinder or obstruct,
either directly or indirectly, an Officer, employee and/or agent of the Municipality
in the lawful exercise of a power or duty under this By-Law.
7.6. Every person shall comply with any Order or Notice issued under the authority of
this By-Law.
8. SHORT TITLE
8.1. This By-Law may be referred to as the “Littering By-Law”.
9. REPEALS
9.1. By-Law 3578-2022 and all By-Laws relating to the throwing, placing or depositing
of debris on private or municipal property within the Township of Augusta and
contrary to this By-Law are hereby rescinded.
READ a first and second time this 12th day of September 2022
READ a third time and passed this 12th day of September 2022
Signed by Mayor Doug Malanka and Clerk Annette Simonian
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
PART I PROVINCIAL OFFENCES ACT
BY-LAW 3582-2022
A BY-LAW TO PROHIBIT THE THROWING, PLACING OR DEPOSITING OF DEBRIS
ON PRIVATE OR MUNICIPAL PROPERTY WITHIN THE TOWNSHIP OF AUGUSTA
SCHEDULE “A” — SET FINES
