Donation Bin By-law 2015-93

1.1. "Applicant" means a person applying for a license to carry on a business, activity or undertaking pursuant to this By-law.

1.2. "Charity" means a registered charity as defined by the Canada Revenue Agency that has a registration number issued by the Canada Revenue Agency.

1.3. "Donation Bin" means a receptacle located outdoors, within the geographic area of The Town of Bradford West Gwillimbury, and placed, installed, displayed, operated, used, altered or maintained for the purpose of collecting donated items from the public, including but not limited to: clothing, appliances, electronics, household items, metal, paper, recyclables and toys, but does not include a receptacle located within a building or a receptacle owned or operated by the Town.

1.4. "For-profit Organization" means a corporation whose primary goal is making a profit.

1.5. "Highway" means a common and public highway, street, avenue, 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.

1.6. "Land" means grounds, yards, vacant and developed lots.

1.7. "Licence" means the authorization under this By-law to operate, place, and/or own a Donation Bin.

1.8. "Licensed" means licensed under this By-law and not in breach of the provisions hereof.

1.9. "Licensee" means an Owner, Operator and/or Person Licensed under this Bylaw.

1.10. "Local Non-profit Organization" means a club, society, or association that is organized and operated solely for social welfare, civic improvement, pleasure or recreation, and any other purpose except profit that operates from a physical location in the Town of Bradford West Gwillimbury.

1.11. "Lot" means a parcel of land, described in a deed or other document legally capable of conveying land, or shown as a lot or block on a registered plan of subdivision.

1.12. "Municipal Act' means the Municipal Act, 2001, S.O. 2001, c.25, as amended, or any successor legislation.

1.13. "Non-profit Organization" means a club, society, or association that is organized and operated solely for social welfare, civic improvement, pleasure or recreation, and any other purpose except profit.

1.14. "Officer" means a Municipal Law Enforcement Officer and/or Licensing Officer who has been appointed with the responsibility for administering and enforcing  the provisions of this By-law, or any other individual designated by the Town to enforce this By-law.

1.15. "Operator" means the Person under this By-law who operates a Donation Bin or an agent of such Licensee.

1.16. "Owner" means the registered Person, occupier or tenant of a property, or a person who, for the time being or permanently, is managing or receiving the rent from a property, whether on his or her own account or on account of an agent or trustee of any other person, or any one of the aforesaid.

1.17. "Person" includes a natural individual and their heirs, executors, administrators or other legally appointed representatives, a corporation, partnership or other form of business association.

1.18. "Town" means the Corporation of the Town of Bradford West Gwillimbury and/or the area located within the geographical limits of the Town of Bradford West Gwillimbury, depending on the context of the provision in which the term appears.

1.19. "Waste" means any debris, rubbish, refuse, sewage, effluent, discard, discharge or garbage of a type arising from a residence, belonging to or associated with a house or use of a house or residential property and/or from industrial or commercial operations, or belonging to or associated with industry or commerce or industrial or commercial property, which for greater certainty includes all garbage, discarded material or things, broken or dismantled things, and materials or things exposed to the elements, deteriorating or decaying on a property due to exposure or the weather.

1.20. "Zoning By-law" means the Zoning By-law of the Town of Bradford West Gwillimbury, as amended, or any successor By-law thereof.

2.1. No Person shall locate, or permit to be located, any Donation Bin within the Town of Bradford West Gwillimbury without a Licence to do so.

2.2. No Person shall operate a Donation Bin in any location other than the location for which the Licence was issued.

2.3. A maximum of one (1) Donation Bin Licence may be issued per Lot.

2.4. Every Applicant for a Licence and for the renewal of a Licence issued under this By-law shall submit the following documentation for every Donation Bin he or she wishes to license:

            (a) An application form established by the Town, including name, address, telephone and
                 email address of the Applicant;

            (b) Payment of any applicable fee(s) established by the Town as set out in Schedule "A";

            (c) Proof of Canadian General Liability insurance in an amount of two million dollars
                ($2,000,000);

            (d) Proof of property ownership or an authorization form from the property owner to
                 permit the installation of the Donation Bin on the property, including the owner's
                 name, address, telephone and email address; and

            (e) A site plan of the property clearly indicating the civic address, location of the
                 Donation Bin, the size of the structure and setbacks to property lines.

3.1. An Operator must place the following information in a conspicuous place on the Donation Bin in lettering no smaller than Arial 150 font and in a contrasting colour:

            (a) The name and address of the Owner;

            (b) The name, address and valid telephone number of the Operator;

            (c) If the Operator is a registered Charity, the Canada Revenue Agency registration
                 number and the words "Not For Profit";

            (d) If the Operator is a registered Non-profit Organization, the business registration
                 number and the words "Not For Profit";

            (e) If the Operator is neither a registered Charity nor a registered Non-profit
                Organization, the business registration number and the words "For Profit;

            (f) Display a notice requiring that all donated items fit into the bin and a list of all
                 prohibited items; and

            (g) Display a pick-up schedule for donated items.

3.2. The Operator shall ensure the information contained in Section 3.1 is maintained current at all times.

3.3. The Operator for each licensed Donation Bin shall:

           (a) Obtain a placard from the Town bearing an identifying number, the location for which
                the Donation Bin has been licensed, and the expiry date of the Licence; and

           (b) Affix and maintain the placard on a conspicuous part of the Donation Bin throughout
                the period for which the Licence is valid.

4.1. Every Operator shall ensure that every Donation Bin is located:

           (a) In the location designated on the Operator's site plan as approved with the Licence

           (b) One (1) metre from all property lines, so as not to restrict sight lines from nearby
                driveways and laneways;

           (c) Fifteen (15.0) metres from any Residential (R) property, as defined by the Towns 
                current Zoning By-law;

           (d) So the Donation Bin does not create a visual obstruction for vehicular or pedestrian
                traffic;

           (e) So the Donation Bin is not occupying or blocking access to any parking spaces,
                private driveways, means of egress/ingress or roadway; and

           (f) In compliance with the provisions of this By-law.

4.2. No Person shall place a Donation Bin on any Residential property, as defined by the Towns current Zoning By-law.

4.3. No Person shall place a Donation Bin on any Highway, Town or County owned property.

4.4. An Operator who wishes to move a Donation Bin shall apply for an amendment to the Licence issued in respect of such Donation Bin provided that:

            (a) The amendment meets all requirements of this By-law; and

            (b) Proof of payment of any applicable fee(s) established by the Town has been
                 provided.

5.1. Every Operator shall ensure that:

            (a) Every one of the Operator's Donation Bins is clean, rust free, in good repair, and free
                 of graffiti and any other form of vandalism;

            (b) All areas immediately adjacent to the Operator's Donation Bin is clean and free of
                Waste at all times and in full compliance with the Town's Property Standards, Clean
                Yards, and Zoning By-laws;

            (c) Every one of the Operator's Donation Bins is of metal construction; and

            (d) Every one of the Operator's Donation Bins that is used for collecting clothing,
                 household items, electronics, paper or toys has a self-closing deposit door/hatch,
                 and, if it has any other point of entry, each such other point of entry is locked at all
                 times when the Donation Bin is unattended.

6.1. Where a contravention of this By-law has occurred, the Town may make an order requiring the Operator or Owner to do work to correct the contravention.

6.2. An order under Section 6 of this By-law shall set out:

             (a) Reasonable particulars to identify the contravention, the location of the
                  contravention and the date by which the Donation Bin must be brought into
                  compliance with this By-law; and

             (b) Details of the requirements for the Operator or Owner to repair, relocate, remove,
                  clean up or otherwise rectify all contraventions identified on the order within forty-
                  eight (48) hours of the order being served.

6.3. The order may be served:

             (a) Personally on the Operator or Owner; or

             (b) By registered mail to the address on the License of the Operator or Owner; and

             (c) An order shall be deemed to have been served on the fifth (5th) day after it is
                  mailed.
6.4. No Owner or Operator shall fail to comply with an order issued under Section 6 of this By-law.

6.5. The Town may:

             (a) Be entitled to remove any items in order to remedy or rectify any contravention of
                  this By-law, and any such items that are removed in accordance with Section 6 may
                  be disposed of immediately in the sole and absolute discretion of the Town, its
                  agents and officers, which decision shall be final;

             (b) Immediately remove, impound and store any Donation Bin that is not Licensed, and
                  recover the costs of such removal, impounding and storage upon the Owner or
                  Operator of the Donation Bin and any Person who caused or permitted its
                  placement; and

             (c) If a Donation Bin has been removed, impounded and stored by the Town for a period
                  of more than thirty (30) days, immediately and without notice, dispose of such
                  Donation Bin and the contents thereof, in a manner as may be determined by the
                  Town.

6.6. In no event shall the Town be liable, or in any way responsible, for any loss, damage or cost
incurred by any Owner, Operator or any other Person due to the removal, impounding, storage or disposal of any Donation Bin or Waste removed by the Town under this By-law.

7.1. 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 By-law.

7.2. An Officer may enter on Land at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with:

             (a) This By-law;

             (b) An order of the Town made under this By-law;

             (c) A condition of a License issued under this By-law; or

             (d) An order made under Section 431 of the Municipal Act.

7.3. For the purposes of conducting an inspection pursuant to Section 7 of this By-law, an Officer man, in accordance with the provision in Section 436 of the Municipal Act.

             (a) Require the production for inspection of documents or things relevant to the
                  inspection;

             (b) Inspect and remove documents or things relevant to the inspection for the purpose
                  of making copies or extracts;

             (c) Require information from any person concerning a matter related to the inspection;
                  and 

             (d) Alone or in conjunction with a person possessing special or expert knowledge, make
                  examinations or take tests, samples or photographs necessary for the purposes of
                  the inspection.

7.4. An Officer may undertake an inspection pursuant to an order issued under Section 438 of the Municipal Act.

7.5. The Town's power of entry may be exercised by an Officer.

8.1. Every person who contravenes a provision of this By-law, including an order issues under this By-law, is guilt of an offence and, upon conviction, is liable to a fine as provided for in subsection 429 (1) and (3) of the Municipal Act.

8.2. If an Owner or Operator fails to comply with this By-law, the Town may enter upon the Owner’s property at any reasonable time for the purposes of remedying any contravention, including but not limited to removing the Donation Bin and any waste in the direct vicinity.

8.3. Costs incurred by the Town in removing the Donation Bin and any waste, or matters of the property on which the Donation Bin is located ancillary thereto, may be recovered by action or adding the costs to the tax roll and collecting them in the same manner as taxes.

If any provision or article of this By-law is for any reason found to be invalid by a court of competent jurisdiction, the provision or article found to be invalid shall be severed from the By-law and the remaining provisions or article shall remain in effect until repealed.

This By-law shall come into force and take effect on the date it is enacted. Enacted this 1st day of December, 2015.

Original copy signed                              Original copy signed

Rebecca Murphy, Clerk                           Rob Keffer, Mayor

License Fees