DISTRICT OF MACKENZIE

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DISTRICT OF MACKENZIE

BYLAW NO. 1083

A bylaw to provide for the establishment and maintenance of a system for the collection, removal and disposal of garbage and to prescribe the terms and conditions for the use of this system

WHEREAS the Local Government Act authorizes Council to operate any service that

Council considers necessary or desirable;

AND WHEREAS the Local Government Act authorizes Council to impose a fee or charge payable in respect of all or part of a service of the municipality.

AND WHEREAS Council may, by bylaw, establish and maintain a system to collect, remove and dispose of garbage and prescribe terms and conditions on which persons may make use of the system and may compel payment of charges and impose penalties for failing to comply with the terms and conditions of the system.

NOW THEREFORE, the Council of the District of Mackenzie, in open meeting assembled, hereby enacts as follows:

1.

That Bylaw No. 62 cited as "Garbage Bylaw No. 62, 1968"; Bylaw No. 660 cited as

“Garbage Bylaw No. 62, 1968 Amendment Bylaw No. 660, 1989"; and Bylaw No. 1008 cited as “Garbage Bylaw Amendment No. 1008, 1998" are hereby repealed.

2.

In this bylaw, unless the context otherwise requires:

“Apartment House” shall mean a building which is intended to be occupied as a residence by more than one tenant living independently of each other in the same building, and having a common outside entrance to three or more suites.

“Business Office Unit” shall mean any premises situated within a building, and used for the transaction of business as separate and distinct from any “trade premise”.

“Director of Finance” means the Director of Finance of the

District of Mackenzie as appointed by Council from time to time or his designate.

“Director of Public Works” means the District of Public Works of the District of

Mackenzie as appointed by Council from time to time or his designate.

“Dwelling” shall mean any place used as a dwelling by one family with no more than two boarders, but excludes any building containing commercial premises.

“Garbage” shall mean and include any and all rejected, abandoned or discarded waste food, ashes, tins, bottles, sweepings, paper, packing, vegetable or animal food, crockery, glass or metalware, but does not include grass, trees, hedge clippings or other garden refuse.

“Multiple Dwelling” shall mean any building under one roof, which is intended to be occupied as a residence by more than one family.

“Municipality” shall mean the District of Mackenzie.

“Owners” shall mean the “registered owner” and may mean and include the agent, heir, executor or administrator of such “owner” or the lessees or occupier of the premises.

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“Owners” shall mean the “registered owner” and may mean and include the agent, heir, executor or administrator of such “owner” or the lessees or occupier of the premises.

“Recyclables” shall mean items which are designated by the Regional District as

Recyclables ie; newspapers, flyers, phone books, catalogues, computer/office paper, grocery bags, non-waxed cardboard, corrugated cardboard, metal food and beverage containers.

“Restaurant” shall include any café, eating house, drive-in, lunch counter or any other like business.

“Rubbish” shall mean and include ashes, cinders and the remains of any fuel after such fuel has been consumed by fire; tins, bottles, crockery and glass not having contained food, floor sweeping, and general rubbish or an accumulation of waste or discarded material, or things of any kind or nature other than garbage or trade waste, as herein defined.

“Trade Premises” shall mean any warehouse, factory, shops, wholesale or retail business place, any building other than a dwelling, multiple dwelling, apartment house, restaurant, or business office unit as above defined.

“Trade Waste” shall mean refuse and accumulation of waste and abandoned material resulting from the operation of a trade or business, including paper, boxes and packing cases, wrapping materials, sweepings, and all inflammable materials of a like nature other than garbage and ashes and such trade waste shall consist chiefly of paper waste.

3.

The Municipality is hereby authorized to establish, equip, maintain and operate a system of “garbage collection” within the Municipality under the control and direction of the

Director of Public Works or may enter into contracts with any person for all or part of the collection, removal and disposal of garbage.

4.

(a) Every owner or occupier of premises from which any garbage is disposed of shall provide and maintain in a sanitary condition and in good order and repair, proper garbage containers. Containers shall be constructed of galvanized iron or rigid plastic, shall be circular in horizontal cross section and tapered so that the top diameter is larger than the bottom diameter. Each container shall be complete with lifting handles, a lid with lifting handle and the container and lid so constructed that the lid is firmly held or locked in place on the container. Container capacity shall be a maximum of one hundred (100) litres or three and one half (3½) cubic feet capacity with average dimensions of sixty (60) centimetres or twenty four (24) inches in diameter and forty-five (45) to seventy-six (76) centimetres or eighteen (18) to thirty (30) inches high. Such receptacles will be referred to as “solid containers”.

(b) Disposable plastic container liners with a minimum wall thickness of one and one half (1½) mills are acceptable for the storage of garbage providing the liner is tightly tied and is not damaged prior to being collected. Sufficient garbage containers are to be available at all times to contain all the garbage which may accumulate between garbage collections. Such receptacles may be herein referred to as “plastic liner containers”.

(c) The Municipality shall not be responsible for the replacement of any containers or lids damaged or lost for any reason whatsoever.

(d) The following are unacceptable containers: plastic and paper grocery bags, and cardboard boxes.

2.

If any garbage is of such a nature as not to allow its being placed in a container, then it shall be placed next to such containers. Ashes shall be kept separate from other garbage.

No container with a combined weight of container and garbage in excess of twenty-seven

(27) kilograms or sixty (60) pounds shall be emptied by garbage crews.

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2.

All containers for garbage, and any structure used as a cover for such containers, shall at all times be kept in good repair and clean and accessible for inspection at all reasonable hours. When any container has been condemned by the Director of Public Works,

Medical Health Officer, or person authored by either of them, as unfit, such container shall be removed along with the garbage and such owner or occupier of the premises, shall forthwith provide a suitable container it its place.

3.

Such containers shall at all times be kept on the property of such premises.

4.

No liquids shall be put in or be allowed to accumulate in any containers and all such containers shall be kept covered with water-tight lids.

5.

No person shall place or mix with any material for removal as garbage, any explosive matter. Wet garbage shall be wrapped in paper before being deposited in a container.

Animal Excreta must be placed in a separate plastic bag and deposited within the regular garbage container.

6.

Where lanes do not exist, the householder shall be responsible for bringing the garbage containers to the street boulevard, placing close to the curb as possible, and the removal of empty containers from the boulevards within twenty-four (24) hours of garbage pick up.

7.

If there is a lane serving the property all containers must be placed within six (6) feet of the lane. If containers are enclosed in a structure it must be built with doors opening upon the lane so that the containers may be removed from the lane side.

8.

All waste material which is not garbage, as defined by the bylaw, requiring to be moved, shall be deposited in a safe place convenient for handling. A special charge shall be made and payable for the removal of such waste material according to the scale of charges hereinafter provided. The Municipality reserves the right not to remove such material.

9.

Notwithstanding anything herein contained, all buildings, other than dwellings, having more garbage than five (5) cubic feet per week, may use containers of such shape, nature, capacity and design as the Director of Public Works may approve and shall place them in such places as the Director of Public Works may approve.

10.

Every owner or occupier of premises shall make use of any disposal system established by the Municipality and shall pay for the collection of garbage for premises as herein provided.

Notwithstanding the foregoing any owner or occupier of premises may make application to the Chief Administrative Officer to decline regular scheduled garbage collection and be permitted to remove garbage, rubbish or trade waste to the waste disposal ground of the Regional District of Fraser Fort George. Upon consideration of the application, the

Chief Administrative Officer may give written approval of the foregoing, subject to the supervision and control of the Director of Public Works.

11.

(a) The user rates for the garbage collection services shall be billed bi-monthly, except for single-family and two-family dwelling user rates which shall be billed annually in conjunction with the municipal property tax billing.

(b) The user rates for all garbage collection services except for single-family and twofamily dwellings, shall be due and payable on or before the due date specified on the utility bill and 14 days after said due date, any unpaid amounts shall bear a penalty addition of ten percent (10%).

(c) Where a property receiving garbage collection services becomes or will become vacant for a period in excess of 30 days, the owner may request, in writing, that the charge for said services be cancelled for the period of the vacancy. The

-4- Bylaw No. 1083 effective date for such cancellation shall be the date such request is received or the date on which the property becomes vacant, whichever is the later.

(d) Where garbage collection services commence at anytime other than the beginning of any billing period, the amount due and payable shall be prorated to exclude those days between the beginning of the billing period and the commencement date.

(e) Where garbage collection services commence after the due date of any billing period, the appropriate user rate shall be due and payable on or before the due date specified on the utility bill and 14 days after said due date, any unpaid amounts shall bear a penalty addition of ten percent (10%).

(f) Where the charge for garbage collection services is cancelled or terminated prior to the due date of any given billing period, the amount due and payable shall be pro-rated to include only those days between the beginning of the billing period and the date of such termination or cancellation.

(g) Where the charge for garbage collection services is cancelled or terminated after the due date of any given billing period, the amount paid by the owner, excluding penalties, shall be pro-rated to exclude the charges for those days between the effective date of cancellation or termination and the end of the billing period and the owner shall receive the appropriate rebate.

(h) Any rate remaining unpaid on the thirty-first day of December of any year shall be deemed to be taxes in arrears in respect of the property concerned and shall forthwith be entered on the real property tax roll by the Director of Finance as taxes in arrears.

(i) User rates for garbage collection services shall be payable at the municipal office and failure to receive mail will not be accepted as an excuse for not paying rates when due.

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16.

Rates for garbage collection services are set out in Schedule “A” attached hereto and forming part of this bylaw.

17.

The Municipality reserves the right to suspend collection service from properties where the facilities for receptacles are contrary to the provisions of this bylaw.

18.

Any person who violates any of the provisions of this bylaw or who suffers or permits anything to be one in violation of this bylaw shall upon summary conviction thereof, be liable to a penalty not exceeding $500.00 plus the cost of prosecution or to a term of imprisonment not exceeding thirty (30) days or to both.

19.

This bylaw may be cited as “Garbage Bylaw No. 1083, 2001".

READ a first time this 22nd day of January , 2001.

READ a second time this 22nd day of January , 2001.

READ a third time this 22nd day of January , 2001.

ADOPTED this day of , 2001.

I hereby certify the foregoing to be a true and correct copy of District of Mackenzie Bylaw

No. 1083 cited as "Garbage Bylaw

No. 1083, 2001" .

Mayor

Director of Corporate

Administration

Director of Corporate

Administration

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SCHEDULE “A”

BYLAW NO. 1083

(a) Single Family Dwelling (per unit)

For one collection per week, maximum 4 plastic liner containers or 4 solid containers

(b) Two Family Dwelling (per unit)

For one collection per week, maximum 4 plastic liner containers or 4 solid containers

(c) Multiple Family Dwelling -

Town Housing (per unit)

For two collections per week, maximum 4 containers

(d) Trailer Courts (per unit)

For one collection per week, maximum 4 plastic liner containers or 4 solid containers

(e) Business Office Unit

For two collections per week

(i) One separate unit

(ii) Two or more combined units

(Per unit)

Minimum $19.62 per office block floor

Maximum $56.74 per office block floor

(f) Apartment and Boarding Houses (per unit)

For two collections per week, maximum 2 containers per unit

Bylaw No. 1083

$6.87/month

$6.87/month

$6.87/month

$6.87/month

$19.62/month

$11.35/month

$4.12/month

(g) Trade Premises

For two collections per week

(h) Restaurants

For two collections per week

(i) Hotels and Motels (per unit)

For three collections per week

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$19.63/month

$19.63/month

$ 2.80/month

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Schedule “A”

Bylaw No. 1083

(j) Monthly rates for pickup of solid waste from bulk containers in any classifications shall be charged as follows:

Number of

Containers 1 2

Number of Pickups per Week

3 4 5 6

1

2

3

4

22.60

36.85

55.20

72.15

45.20

72.10

104.60

130.05

67.80

103.20

140.20

192.25

90.40

134.35

189.45

248.80

113.00

165.35

231.80

305.30

155.50

212.05

295.40

389.40

5 87.65 161.20 238.90 302.50 380.20 479.20

Additional Containers

Applicable base rate for 5 containers plus applicable base rate for additional number of containers.

(k) When bulk containers are utilized, the rates for individual use classifications do not apply.

(l) All bulk containers shall have a capacity of 2 cubic yards and be supplied by the

District at the rental rate of $30.50 per month per container.

(m) All cardboard containers are required to be collapsed and bundled prior to pickup.

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