Littering By-law 1995-78

(a) "Agricultural waste" means waste resulting from farm operations, including  animal husbandry, but shall not include sewage nor the organic waste from the processing or packaging of fresh fruit and vegetables, where such operations are lawfully carried on as part of a farm operation.

(b) "Heavy pick-up wastes" means weighty or bulky articles such as furniture, bed springs, mattresses, barrels, boxes, water and fuel tanks (empty only), and any  other discarded material which would normally accumulate at a dwelling.

(c) "Household wastes" means ashes, garbage, rubbish, discarded material, clothing, waste paper, broken crockery, glassware, and other such articles as would normally accumulate at a dwelling, but shall not include weighty or bulky articles such as stoves, mattresses, furniture, barrels, boxes, trees, discarded truck and automobile parts, tires or batteries, manufacturer's waste, water and fuel tanks, liquid waste, straw, hay and manure, carcass of any dead or live bird, animal feces, natural soil, earth, sand, clay, gravel, stones or other excavated materials, and fence wire. 

(d) "Municipality" means the Corporation of the Town of Bradford West Gwillimbury.

(e) "Person" means a natural person, unincorporated association or organization, firm, partnership, private club, corporation, agent or trustee and the heirs, executors, administrators, or other legal representatives of a person to whom the context can apply according to the By-law.

(f) "Police" means the Bradford West Gwillimbury Police Service.

(g) "Refuse or debris" shall include sand, rock, gravel, grass, weeds, liquids, domestic garbage, trees, asphalt, concrete or pieces thereof, or any commercial or industrial waste.

(h) "Waste material" includes:

            i. garbage, rubbish, discarded building materials, refuse or junk, boulders in excess of 0.028 cubic 
              metres, or stumps;

            ii. tin cans, bottles, boxes or other containers;

            iii. derelict or inoperative motor vehicles;

            iv. derelict, abandoned or inoperable machinery, appliances and furnishings, both household and
                commercial;

            v. solid industrial waste, liquid industrial waste, agricultural waste or sewage, or any liquid waste
               accumulated from home or place of business;

            vi. animal carcasses.

(i) "Wastes" shall mean any or all of the definitions of this section for the purposes of this By-law, including heavy pick-up wastes, household wastes, refuse or debris and waste material. 

2.1  No owner shall allow or permit the creation, presence or existence of any refuse or debris, waste material or wastes in or upon any yards, vacant lots, grounds or buildings which such owner owns, rents, occupies or has an interest in, whether  such interest is legal or equitable.

2.2 No person shall allow, permit or aid in the discharge or discarding of any refuse or debris, waste material or wastes onto any lands whether private or municipal within the Town of Bradford West Gwillimbury.

2.3 No person shall throw, place or deposit any refuse or debris, waste material or wastes on private property or on the property of the municipality or any local board thereóf without authority from the owner or occupant of such property.

Where the property owner or municipal authorities are required to remove any refuse or debris, waste material or wastes deposited on their property, the full cost of such removal shall be recoverable from the person or property owner responsible for such littering or discarding.

The municipality shall post notice that unauthorized dumping in a container or dumpster placed on municipal property is prohibited in accordance with this By-law.

The Municipal Law Enforcement Officer, Police Officer or other person appointed for the purpose of enforcing this By-law;

            (i) has the power to enter upon and examine any yards, vacant lots, grounds or buildings, other
                than a dwelling, at any reasonable time or times, and

            (ii) may be accompanied by such other person or persons as they deem necessary to properly carry
                 out their duties under this By-law.

If this By-law conflicts with the provisions of any other By-law or By-law of the County of Simcoe, the provisions of that By-law prevail to the extent of the conflict.

Should any section, sub-section, clause, paragraph or provision of this By-law be declared by a court of competent jurisdiction to be invalid or unenforceable, the same shall not affect the validity or enforceability of any other provisions of this By-law or of the By-law as a whole.

Every person who contravenes any provision of this By-law is guilty of an offence and liable upon conviction to a penalty not exceeding $5,000.00, exclusive of costs and the provisions of the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, shall apply to the said fine.

That By-law 94-025 is hereby repealed.

This By-law shall be cited as the Littering By-law.

This By-law shall come into full force and effect upon the day of final passage thereof.

By-Law read a first, second and third time and finally passed this 19^th day of December, 1995.

Original copy signed                              Original copy signed

J. Dempster-Evans Clerk-Administrator   Frank Jonkman, Mayor