Town of Gravenhurst BY- LAW NO. 2012-019 A By- law to establish Community Standards respecting yards, refuse, environmental hazards, and nuisances in the Town of Gravenhurst. WHEREAS the Municipal Act, 2001, as amended, authorizes the Councils of local municipalities to pass by- laws for requiring and regulating the filling up, draining, cleaning and clearing of any grounds, yard and vacant lots including stormwater management ponds and creeks and the altering, relaying or repairing of private drains; AND WHEREAS the Council of the Corporation of the Town of Gravenhurst deems it desirable to regulate and govern the maintenance of land in order to enhance the quality of communities and/ or neighbourhoods, to protect the safety, health and well- being of the public and to ensure the continued enjoyment of property for residents and property owners of the Municipality; follows: THEREFORE the Council of the Corporation of the Town of Gravenhurst enacts as Section 1: Short Title 1.1 This by-law shall be cited as the Community Standards By- law. Section 2: Definitions a) Cleared" includes the removal of weeds or turf grass more than 15 centimeters ( 6 inches) in height and the removal of stock piles of soil or other aggregate material not required to complete the grading of the lot on which the stock pile is located; b) " Composting" shall mean the biological degradation or breakdown of organic material into a dark soil- like material called humus; c) " Composting container" shall mean the holding unit used to store yard, garden and household waste for the purpose of composting; d) " Discarded motor vehicle" shall mean any snowmobile, motorcycle, automobile, truck, recreational vehicle, self-propelled implement of husbandry, golf cart or other similar state of disrepair or not operative and is not mechanical device abandoned or in a licensed with a current validated license plate pursuant to the provisions of the Highway Traffic Act, e) Household Waste" shall mean any article, thing, matter or effluent belonging to or associated with a residence, household or dwelling unit and includes but is not limited to the following examples: i) grass clippings, tree cuttings, brush, leaves and garden refuse; ii) paper, cardboard, clothing;
By- Law No. 20] 2-01 9 Page 2 iii) all organic waste, of animal or vegetable origin resulting from the preparation or iv) consumption of food except any material of vegetable origin placed in a composting container; cans, glass, plastic containers, dishes; v) new or used material resulting from or once used for the purpose of the vi) vii) viii) ix) construction, alteration, repair or demolition of any building refrigerators, freezers, stoves or any other appliance or furniture; furnaces, furnace parts, pipes, fittings to pipes, water or fuel tanks; or structure; discarded motor vehicles, vehicle parts and accessories, vehicle tires mounted or unmounted on rims, mechanical equipment; fill or fencing materials; x) rubble, including concrete, bricks, asphalt, patio xi) human or animal waste. or sidewalk slabs; I f) Industrial waste" shall mean any article, thing, matter or effluent belonging to or associated with industry or commerce or concerning or relating to manufacture or concerning or relating to any trade, business, calling or occupation that appears to be waste material and includes but is not limited to the following examples: i) piping, tubing, conduits, cable, fittings or other accessories, or adjuncts to the ii) iii) iv) piping, tubing, conduits or cable; containers of any size, type or composition; rubble, fill; mechanical equipment, mechanical parts, accessories or adjuncts to mechanical equipment; v) articles, things, matter, or effluent or any part thereof derived from or made or vi) vii) consisting of: agricultural, animal, vegetable, paper, lumber, or wood products, or mineral, metal or chemical products, lubricants, oils or hydrocarbons whether or not the products are used, manufactured or otherwise processed; bones, feathers, hides; paper, cardboard, packaging or wrapping; viii) material resulting from, or as part of, construction or demolition of buildings or other structures; ix) discarded motor vehicles, vehicle parts and accessories, vehicle tires mounted or unmounted on rims, mechanical equipment. g) Land" includes yards, vacant lots or any part of a yard building; or lot which is not beneath a h) i) Meadowlands" means a specialized habitat within a natural area, which is dominated initially by flowers and grasses; Municipality" means the Corporation of the Town of Gravenhurst; I) Natural Body of Water" refers to a creek, stream, bog, marsh, river, pond which contains a supply of fresh water on a regular basis. or lake and
By- Law No. 2012-019 Page 3 m) Naturalized Area" means lands maintained by the property owner, where a lawn or perennial garden has been allowed to establish vegetation through a combination of natural regeneration and deliberate plantings of vegetation to emulate a natural area. n) Owner" includes a registered owner, beneficial owner, lessee or occupant; 0) Perennial gardens" means an area planted to produce ground cover, including wild flowers, shrubs, perennials, ornamental grasses include a meadowland or a naturalized area; or combinations of them, but does not p) Person" includes a corporation, partnership, sole proprietorship and municipality; q) Standing Water" means any water, other than a natural body of water that exists on a permanent basis or contained within a municipality owned stormwater management facility that is found either on the ground or in debris. r) The Town", means the geographical area of the Town of Gravenhurst s) Turf Grass Area" means a regularly maintained area to a maximum height of 15 centimetres ( 6 inches) consisting of desirable turf grass species such as blue grass, fescues, perennial ryes and tall fescues. t) Residential Property" means any land or Property characterized as being urban or suburban. within a Residential Area that is Section 3: Prohibitions 3. 1 Land - filled up - drained Every person shall keep his or her land free of accumulations of water or other liquid except as permitted by law. 3. 2 Excavations Every person shall completely fill an excavation on their land unless it is completely enclosed by a barrier at least 122 centimeters ( 48 inches) in height and sufficient to prevent any natural person from falling into the excavation. 3. 3 Accumulations of Water or other Liquids Every person shall drain land of accumulations of water or other liquids that exceed 15 centimetres ( 6 inches) in depth unless the accumulation is entirely enclosed by a barrier of at least 122 centimetres ( 48 inches) in height and sufficient to prevent a natural person from falling into the accumulation unless such accumulation is a management pond approved in writing by the municipality. storm water
By- Law No. 20] 2-019 Page 4 3.4 Every owner shall prevent the accumulation of standing water. 3. 5 Land - clean - cleared 3. 5. 1 Every person shall keep and industrial waste. his or her land cleaned, cleared and free from household 3. 5. 2 Every owner in a residential area of Gravenhurst include the removal of weeds or grass more than 15 centimetres ( 6 inches) in height in defined turf grass areas. Every owner shall remove and destroy all giant hog weed ( Herac/eum mantegazzianum) ragweed ( Ambrosia spp.) and poison ivy ( Rhus radicans L.) located on their land. 3. 6 Dumping - prohibited No person shall deposit or permit anyone to deposit household or industrial waste on any property within the Town without lawful authority. 3.7 No person shall, within the Town, fail to clear land of household waste or industrial waste. 3. 10 No person shall add bones, meat, dairy or other fat products to a composter. 3. 11 For residences of 1 to 6 units, composting must take place behind the face of the building, no closer than 0. 6 metres ( 2 feet) to their property line and no closer than 3 metres ( 10 feet) from a neighbour' s dwelling unit. The composter or compost pile shall have a maximum size of 10' x 5' x 3' high metre). or 150 cubic feet ( 3 metres x 1.5 metres x 1 3. 12 For residences greater than 6 units, all composting must take place in a composting container, not in an open pile. 3. 13 No person shall allow a composter to generate vermin. offensive odours or attract rodents or 3. 14 All food waste placed in a composter must be covered by yard waste, soil or compost. 3. 15 Municipal Property - waste No person shall, within the Town, deposit household waste or industrial waste on municipal property without lawful authority. 3. 16 Every owner shall keep all hedges and trees adjacent to a public sidewalk or roadway cut and trimmed so as to allow safe unhindered pedestrian and motor vehicle traffic. 3. 17 Every owner shall keep all buildings and structures free of any condition that poses an immediate risk to public health and safety.
By- Law No. 2012-019 Page 5 Section 4 - Exemptions 4. 1 Excavations - construction sites Section 3. 2 of this by- law does not apply to land on which construction is proceeding under a current valid building permit. 4. 2 Natural bodies of Water i I Section 3. 3 of this by- law does not apply to natural bodies of water. 4.3 Outdoor storage Sections 3. 5 of this by- law does not apply to land which is lawfully used for outdoor storage of materials. 4.4 Perennial Gardens Perennial gardens are permitted provided that the gardens are managed with this by- law and provided that the gardens do not contain ragweed, ( Ambrosia in accordance poison ivy, ( Rhus radicans L.) or household waste except for the purpose of composting. 4. 5 Ecological Gardening spp.), A wildflower meadow or naturalized area is permitted provided that those areas are managed in accordance with this by-law and provided the areas do not contain ragweed, Ambrosia spp.), poison ivy, ( Rhus radicans L), or domestic waste except for composting purposes, and provided that the buffer strip required by this by- law is maintained. Section 5 - Enforcement 5. 1 Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a penalty subject to the provisions of the Provincial Offences Act and every such penalty shall be recoverable pursuant to the said Act. 5. 2 Default - not remedied Where anything required to be done in accordance with this by- law is not done, the municipality may do so and recover the costs of so doing by adding the cost to the tax roll and collecting the costs in the same manner and with the same priority as municipal taxes. 5. 3 Municipality - bring property to compliance Where it becomes necessary to proceed pursuant to section 5. 2 of this by- law, a Municipal By- law Enforcement Officer may enter onto the lands at a reasonable time with
By- Law No. 20] 2-019 Page 6 any person and equipment required to bring the property into compliance with this bylaw. 5.4 No obstruction of Officer No person shall obstruct, hinder or in any way interfere with any municipal employee, Provincial Offences Officer or Peace Officer or person( s) working under their direction, while that person is engaged with any provisions of this by- law. Section 6 - Repeal- enactment 6. 1 By- laws # 93-43 and # 96-54 is hereby repealed. 6. 2 This by- law shall come into effect on the date of the final passing thereof. READ A FIRST, SECOND AND THIRD TIME and finally passed this 7th day of February 2012. p. bmqtd~ Mayor Deputy SEe ( 1/t.pJ Clerk