THE RURAL MUNICIPALITY OF KELSEY
BY-LAW NO. _____/2013
BEING A BY-LAW OF THE RURAL MUNICIPALITY OF KELSEY PERTAINING TO
THE LOCAL URBAN DISTRICT OF CRANBERRY PORTAGE TO REGULATE THE
COLLECTION AND DISPOSAL OF HOUSEHOLD WASTES AND THE OPERATION
OF THE CRANBERRY PORTAGE WASTE DISPOSAL GROUNDS.
WHEREAS Section 232 (1) of the Municipal Act authorizes a council to pass
bylaws for Municipal Purposes.
AND WHEREAS Section 232(1)(a) the safety, health, protection and well-being
of people, and the safety and protection of property;
AND WHEREAS Section 232(1)(c) Subject to Section 233, activities or things in
or on private property
AND WHEREAS Section 233 A by-law under clause 232(1)(c) may contain
provisions only in respect of:
(a) The requirement that land and improvements be kept and maintained in a
safe and clean condition;
NOW THEREFORE The Local Urban District of Cranberry Portage deems it
necessary and in the public interest that the depositing of waste on public or
private property and the use of the waste disposal site grounds in Cranberry
Portage be regulated and controlled;
AND THEREFORE The Local Urban District of Cranberry Portage, in Council
assembled, enacts as a bylaw as follows:
1. Definitions
For the purpose of this by-law the following definitions shall apply:
a) L.U.D. – Means the Local Urban District of Cranberry Portage
b) R.M. OF KELSEY – Means the Rural Municipality of Kelsey
c) L.U.D. Foreman – Shall mean the foreman of the L.U.D. of Cranberry
Portage or any person acting in his place.
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d) RESIDENTIAL GARBAGE AND REFUSE – Shall mean household waste
material, other than industrial waste and trade waste, and limited to fifty
(50) pounds (23) kg in weight per item and a maximum of three (3) feet in
dimensions in any one way.
e) TRADE WASTE – Shall mean garbage and refuse produced at or on any
property defined as commercial property, excluding industrial waste.
f) INDUSTRIAL WASTE – Shall mean material from excavation, material from
building construction, repair, alteration or maintenance, debris from any
building removed, destroyed by fire or any other cause, material from
manufacturing processes, other works, from fruit and vegetable
warehouses or market gardens and rock, rubble and metal.
g) NON-RESIDENTS – Means a person whose place of residence is not
located within the limits of the L.U.D. of Cranberry Portage.
h) OWNER – Means a person who is an owner of a freehold estate in land in a
municipality, and includes a person who is the owner of such an estate
jointly owned with another person. The term owner shall include occupant
in the case of rental premises.
2. CONTROL
a) No person shall dispose of garbage and refuse, trade refuse and/or
industrial waste within the L.U.D. limits except in the manner provided in
this by-law.
b) The collection, removal and disposal of garbage and refuse in the L.U.D.
shall be under the direction of the L.U.D. Foreman and Committee of the
L.U.D. of Cranberry Portage.
c) The removal and disposal of industrial wastes and trade wastes shall be
the sole responsibility of the party responsible for such industrial wastes
and/or trade wastes.
3. REGULATIONS FOR STORAGE AND COLLECTION OF GARBAGE AND
REFUSE SHALL BE AS FOLLOWS:
a) All garbage shall be placed in disposable plastic bags as manufactured for
garbage and refuse and filled only to the point where such bags will not
tear in loading and exceeding fifty (50) pounds (23) kg in weight. Garbage
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not placed in such bags, shall not, at the discretion of the L.U.D. Foreman
be collected.
b) Garden and lawn refuse may be placed in disposable cartons or boxes not
exceeding fifty (50) pounds (23) kg in weight or one (1) cubic yard in size.
c) Small trees, branches, twigs and other garden refuse will be collected
provided they are not exceeding three (3) feet in length or fifty (50)
pounds (23) kg in weight.
d) Normal household or yard refuse not complying with the above regulations
may be collected on an annual basis (spring clean-up week) as designated
by the L.U.D. Committee.
e) Immediately prior to the time of residential garbage collection, all garbage
containers shall be placed on the edge of the lane or street adjacent to the
route of the collection but located so as not to create a hinderance to
normal traffic. In the event of failure to so place the refuse as specified,
the garbage will not be collected. Garbage shall not be placed for
collection until the day of garbage collection.
f) Garbage shall be collected as follows:
Monday – residents located inside the town
Tuesday – Ptarmigan Lodge Road, Lakeside Avenue and Brydges Avenue
Friday – Athapap “D” Subdivision and First Cranberry Subdivision,
Except in the case of a holiday, in which case it shall be collected on the
next business day or business day prior to the holiday.
g) Residential garbage put out for collection by an owner/occupant in
compliance with the regulations set out in this by-law shall be removed
free of charge.
h) The removal of industrial waste shall be the responsibility of the
owner/occupant and shall be disposed of at a time and place as designated
by the L.U.D. Foreman.
4. COLLECTION OF RECYCLABLES
a) Recyclables will not be collected. They may be dropped off at the two (2)
recycling trailers located at the Cranberry Portage garage. Cardboard is
also accepted at the recycling trailers if it is folded, piled and tied.
5. LITTERING
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a) No person owning or occupying private property shall allow litter to
accumulate upon that property in such a manner as to be unsightly or in
such a manner that said litter may be blown or otherwise carried by
natural elements on to a public place, public area or private property.
b) Persons owning or occupying property shall keep the sidewalk and the
boulevard in front of and flanking, and the lane at the rear of the property,
free of clutter.
c) No person shall drive or move any vehicle within the L.U.D. unless such
vehicle is so constructed, loaded, or covered to prevent any load, contents
or litter from being blown or deposited upon any public place, public area
or private property.
d) Whenever litter is thrown, deposited, dropped, blown or dumped from any
vehicle, it shall be prima facie evidence that the operator of said vehicle
shall have violated this by-law.
e) No persons shall deposit or permit any servant, agent or employee to
deposit any refuse, litter, liquid wastes or any offensive matter on or in
any street, lane or public place.
6. WASTE DISPOSAL SITE
(a) All residents living in the L.U.D. of Cranberry Portage have the right to
deposit residential garbage and refuse, trade refuse, car bodies,
Miscellaneous metals and industrial waste at a designated area in the
L.U.D. waste disposal site, which shall be established and identified by the
L.U.D., and may be made during advertised hours that the disposal site is
open, free of charge.
(b) The Committee of the L.U.D. of Cranberry Portage may, by entering into
an agreement with other municipalities or private organizations, designate
non-residents the right to deposit material in the waste disposal site on
terms and fees as detailed in said agreement.
(c) No person shall make any deliveries or deposits of any sort at the waste
disposal grounds at any time other than the posted hours except with
written permission of the L.U.D. Foreman.
(d) Every driver or other person delivering waste to the waste disposal site
shall deposit his load in such a place and in such a manner as posted or as
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instructed by the waste disposal site attendant in charge and not
otherwise. Sorting of material will be required.
(e) Septic and other liquid wastes shall not be deposited at the waste disposal
site.
(f) Refrigerators, deep freezes and other cooling devices, shall not be
disposed of within the waste disposal site, without the L.U.D. having
received proof that the freon and CFC’s contained therein have been
properly discharged.
(g) The L.U.D. may set aside or designate a separate area or areas with the
waste disposal site for the depositing of derelict vehicles, trees, lumber,
rocks or cement rubble, fill, dirt, tires etc. by the posting of a sign, on or
near the area or areas, containing a notice to the effect advising that
waste us to be deposited there.
(h) The L.U.D. of Cranberry Portage Committee shall by resolution, determine
the hours that the waste disposal site will be open and what level of
supervision, if any, shall be provided.
7. PENALTIES
(a) Any person who violates, contravenes or fails to observe and carry out
any provisions of this by-law, shall upon conviction thereof before a
Provincial Magistrate, be liable to a fine of not less than $150.00 and no
more than $500.00 and costs.
(b) Where the contravention, refusal, neglect, omission or failure, including
failure to comply with a notice, order or direction given them by the
L.U.D. Foreman, waste disposal site attendant or L.U.D. Committee,
continues for more than one day, the person is guilty of a separate offense
for each day that it continues.
(c) No person shall remove, damage, obliterate, render illegible, deface or
otherwise interference with a sign or notice.
8. REPEAL OF BY-LAW NO. 21/94
By-law No. 21/94 is hereby repealed in its entirety.
9. That this By-law shall become into force and effect on the day of passing
thereof.
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_______________________________
The Rural Municipality of Kelsey
_______________________________________
Jerry Hlady, Chief Administrative Officer
Read a first time this ____ day of ______________ A.D. 2013
Read a second time this ____ day of _____________A.D. 2013
Read a third time this ____ day of ______________ A.D. 2013
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