TOWN OF NORMAN WELLS
BY-LAW NO. 05 - 01
________________________________________________________________
BEING A BY-LAW OF THE MUNICIPAL CORPORATION OF THE TOWN OF
NORMAN WELLS IN THE NORTHWEST TERRITORIES TO CONTROL AND
PROHIBIT LITTERING WITHIN THE TOWN MUNICIPAL BOUNDARIES,
PURSUANT TO THE CITIES, TOWNS AND VILLAGES ACT, S.N.W.T. 2003,
C-22
WHEREAS the Council of the Municipal Corporation of the Town of Norman Wells
deems it desirable and in the public’s interest to have a proper anti-litter by-law.
NOW THEREFORE, THE COUNCIL OF THE TOWN OF NORMAN WELLS
ENACTS AS FOLLOWS:
1.
SHORT TITLE
This by-law may be cited as the ‘Anti-Litter By-Law’.
2.
DEFINITIONS
“Animal Material” means any animal excrement and includes all material
accumulated on property from pets, pet pens, yards, stables, veterinary clinics,
hospitals or kennels;
“Ashes” means the powdery residue accumulated on property left after
combustion of any substance and includes any partially burnt wood, charcoal,
coal or other material;
“Building Material” means all construction and demolition material accumulated
on property while constructing, altering, repairing or demolishing any structure,
and includes, but is not limited to, earth, vegetation or rock displaced during such
construction, alteration or repair;
“Ditch” means that area along the frontage or the rear of the “Householder’s”
property, from the property line to the roadway, whether that area is ditched or
has no ditch;
“Garbage” means abandoned, discarded or rejected materials of every
description or kind capable of disposal in a garbage can or container, and
includes, but is not limited to, cold ashes, bottles, metal cans or tins, crockery,
glass, grass, metal cuttings, paper, cloth, food, food waste, wrappings, sweepings
and the like;
“Hazardous Waste” means any material presenting an actual or potential danger
to human health and safety, or to other living organisms in the environment,
including, but not limited to, any materials requiring placards or labels as
identified by Transport Canada under the Transportation of Dangerous Goods
Regulations;
“Household Hazardous Waste” means products used for everyday household
cleaning and upkeep that contain substances that can threaten human health and
the environment if disposed of improperly, and includes such waste as common
detergents, cleaners, furniture polishes, pesticides, paint, thinners, solvents, small
batteries, smoke detectors, and do-it-yourself materials in quantities typical of a
household;
“LITTER” means all decomposable and nondecomposable solid wastes
including: broken dishes, tins, pop and liquor bottles, glass, rags, cast-off
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By-Law No. 05-01
clothing, waste paper and plastic, wood shavings, cardboard, food containers,
grass cuttings, shrubbery and tree prunings, weeds and garden waste and all
discarded materials disposed of as waste in the normal daily operation of a
dwelling, office, shop, school or business; but does not include night soil, tree
stumps, roots, turf earth, rocks, iron, concrete, tires, grease, oil, other oil and
petroleum products, hazardous materials, scrap metal, vehicle bodies, derelict
machinery and equipment, derelict boats, derelict all-terrain vehicles, any other
non-working or scrap machinery or such waste matter as may accumulate as a
result of demolition or construction operations;
“Peace Officer” means:
1)
2)
3)
a member of the Royal Canadian Mounted Police;
a by-law officer in respect of an offence under a municipal by-law; or,
a person prescribed as a peace officer or one of a class of persons
prescribed as peace officers;
“Person” means any person(s), sole proprietorship, partnership, limited or
incorporated company, co-operative, group or organization of any kind;
“Public Works Manager” means the person appointed by the Council of the
Town of Norman Wells as the Public Works Manager, and includes any person
designated by him/her to act on his/her behalf;
“Street” means the entire right-of-way, including all sidewalks, curbs, gutters,
shoulders, boulevards, and roads belonging to the Town and used for travel by the
public;
“Town” means the Municipal Corporation of the Town of Norman Wells in the
Northwest Territories;
“Town Manager” means the person appointed by the Council of the Town of
Norman Wells as the Senior Administrative Officer pursuant to the Cities, Towns,
and Villages Act, and includes any person designated by him/her to act on his/her
behalf;
“Vehicle” includes any vehicle designed to travel on land that is drawn, propelled
or driven by any kind of power including muscular power, but does not include an
all terrain vehicle or a device that is designed to run on rails; and,
“Waste Material” means all refuse which is not collectible refuse and includes
night soil, tree stumps, roots, turf, earth, rocks, iron, concrete, tires, grease, oil,
scrap metal, derelict vehicles, machinery, boats, or all-terrain vehicles, or any
other nonworking or scrap machinery, such waste matter as may accumulate as a
result of demolition or construction operations, and such other material as is
designated by the Director of Public Services to be non-collectible;
3.
PROHIBITIONS
a)
No person shall deposit, discard or permit to be deposited or discarded at
any time, ashes, building material, collectible refuse, garbage, hazardous
waste, animal materials, dead animals or other waste material of any kind
whatsoever on or near any street, public property, waterwell, wharf, dock,
pond, river or stream.
b)
No person shall dispose of or permit to be disposed of any ashes, building
material, collectible refuse, garbage, hazardous waste, animal materials,
dead animals or other waste material of any kind whatsoever, at any place
within the Town other than the Town Garbage Dump or other place as
designated by Council.
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By-Law No. 05-01
4.
c)
No person shall discard or throw from a stationary or a moving motor
vehicle, motorcycle or bicycle, ashes, building material, collectible refuse,
garbage, hazardous waste, animal materials, dead animals or other waste
material of any kind whatsoever.
d)
No person shall obstruct any street or public place with ashes, building
material, collectible refuse, garbage, hazardous waste, animal materials,
dead animals or other waste material of any kind whatsoever.
e)
No person shall haul full loads of ashes, building material, collectible
refuse, garbage, hazardous waste, animal materials, dead animals or other
waste material of any kind whatsoever in an open truck which could be
subject to spillage or scattering by the wind, without placing and properly
securing the load or placing a tarpaulin over the box of the truck to ensure
that none of the garbage, collectible refuse, ashes or other waste material,
dead animals or excretions fall out.
f)
It is the responsibility of the property owner to keep the ditch area
adjacent to his/her own property free of ashes, building material,
collectible refuse, garbage, hazardous waste, animal materials, dead
animals or other waste material of any kind whatsoever.
OFFENCES
a)
Every person who contravenes any provision of this by-law is guilty of an
offence and is liable upon Summary Conviction (if a fine is not otherwise
specified in Schedule “A” of the by-law) to:
a.
for the first and each subsequent offence:
i)
b)
for a person, to a fine not exceeding two thousand dollars
($2,000.00), or to imprisonment for a term not exceeding
six (6) months, or to both;
ii)
for a corporation, to a fine not exceeding ten thousand
dollars ($10,000.00), or to imprisonment for a term not
exceeding six (6) months, or to both;
In addition to any fine that may be levied, the court, subject to its
jurisdiction, may order a person convicted of an offence under this by-law:
a.
b.
to pay any fee or charge that may otherwise be payable by the
person to the Town in respect of any license or permit that should
have been obtained by the person; and,
to do or refrain from doing any activity that the court may specify.
c)
The Town Manager, Peace Officer or his/her designate may issue a
Summary Offence Ticket in the form prescribed by the Summary
Convictions Procedures Act, to any person who contravenes any provision
of this by-law, and such person may, in lieu of prosecution, pay the Town
of Norman Wells the voluntary penalty for the Offence as listed in
Schedule “A” attached to and forming part of this by-law, prior to the
court date specified on the ticket.
d)
In addition to any fine levied, any responsible person as defined herein
will be required to remove any ashes, building material, collectible refuse,
garbage, hazardous waste, animal materials, dead animals or other waste
material of any kind whatsoever from streets or public property within one
(1) day [twenty-four (24) hours)] from payment of voluntary
fine/conviction. Failure to do so will result in the Town removing said
ashes, building material, collectible refuse, garbage, hazardous waste,
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By-Law No. 05-01
animal materials, dead animals, and other waste material of any kind
whatsoever or obstruction at the expense of the responsible person.
5.
e)
In addition to any fine levied, any responsible person as defined herein
will be required to remove the ashes, building material, collectible refuse,
garbage, hazardous waste, animal materials, dead animals or other waste
material of any kind whatsoever from the premises, other than from streets
or public property, within one (1) day [twenty-four (24) hours] from
voluntary payment of fine or conviction, and failure to do so will result in
the Town removing such ashes, building material, collectible refuse,
garbage, hazardous waste, animal materials, dead animals or other waste
material of any kind whatsoever at the expense of the responsible person.
f)
The responsible person as defined herein is liable for payment to the Town
for the collection, removal or disposal of any ashes, building material,
collectible refuse, garbage, hazardous waste, animal materials, dead
animals or other waste material of any kind whatsoever. Should they
default in such payment, the amount in arrears and costs shall become a
charge against the property in respect of which the service was performed,
whether or not the responsible person is the owner of the premises,
collectible against the owner thereof in the same manner as taxes levied by
the Town.
g)
An offence shall continue as long as the ashes, building material,
collectible refuse, garbage, hazardous waste, animal materials, dead
animals or other waste material of any kind whatsoever have not been
removed and the public property or street restored to its original state.
h)
The By-law Enforcement Officer, Peace Officer, Director of Public
Services, or the Senior Administrative Officer or their respective
designates may make or cause to be moved any ashes, building material,
collectible refuse, garbage, hazardous waste, animal materials, dead
animals or other waste material of any kind whatsoever on or near any
street or public property.
GENERAL
This By-Law shall come into full force and effect upon third and final reading.
INTRODUCED AND READ A FIRST TIME THIS 8th. DAY OF February 2005.A.D.
______________________
MAYOR
______________________________
SENIOR ADMINISTRATIVE OFFICER
READ A SECOND TIME THIS 8th. DAY OF February 2005.A.D.
______________________
MAYOR
______________________________
SENIOR ADMINISTRATIVE OFFICER
READ A THIRD TIME AND FINALLY PASSED THIS 15th DAY OF March
2005. A.D.
______________________
MAYOR
_______________________________
SENIOR ADMINISTRATIVE OFFICER
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By-Law No. 05-01
It is hereby certified that this By-Law No. 05-01 has been made in accordance with
the requirement of the Cities, Towns and Villages Act and the By-Laws of the Town
of Norman Wells.
__________________________________________
Town Manager
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By-Law No. 05-01
SCHEDULE “A”
BY-LAW No. 05-01
OFFENCES
1st Offence
Section
Offence
3. e)
Hauling of uncovered or
unsecured loads
Disposing or discarding of waste
materials in unapproved
locations
3. a), b),c)
3. d)
Depositing or discarding waste
material on or near a street or
public property
Depositing or discarding of
animal feces on public property
Allowing waste material to
accumulate in unapproved
locations
2nd Offence
Fine
3rd Offence
Subsequent
Offences
$200.00
$400.00
$600.00
$1,000.00
(Previous:
$25.00
minimum)
(Previous:
$35.00
minimum)
(Previous:
$50.00
minimum)
(Previous:
$50.00
minimum)
$100.00
$200.00
$300.00
$500.00
NOTE:
The costs of removal of ashes, building material, collectible refuse, garbage, hazardous
waste, animal materials, dead animals or other waste material of any kind whatsoever
shall be charged to the violator of this by-law and shall be payable to the Town.
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By-Law No. 05-01