THE CORPORATION OF THE MUNICIPALITY OF MACHIN

BY-LAW NUMBER 34-2006

BEING a by-law to provide for maintaining land in a clean and clear condition.

and

BEING a By-law to rescind By-law #1067-97

            WHEREAS Section 104, and Paragraphs 74, 76, 129 and 130 of Section 210, and Paragraph 1 of Section 315 of the Municipal Act, R.S.O. 1980, Chapter 302 authorize the council of a municipality to pass by-laws;

            NOW THEREFORE the Council of the Corporation of the Municipality of Machin ENACTS AS FOLLOWS:

Section 1 - Definitions:

1.1       In this By-law,

            (a)       “highway” means a common and public highway, and includes a street and a bridge forming part of a highway or on, over or across which a highway passes;

            (b)       “inoperative motor vehicle” includes a motor vehicle which may not be lawfully operated upon a highway pursuant to The Highway Traffic Act (Ontario) and amendments thereto because of any of the following reasons:

                        (1)       there is not in existence a currently validated permit for the vehicle; or

                        (2)       there are not displayed on the vehicle, in the prescribed manner, number plates issued in accordance with The Highway Traffic Act (Ontario) showing the number of the permit issued for the vehicle; or

                        (3)       there is not affixed to a number plate displayed on the vehicle evidence of the current validation of the permit;

            and shall also include a motor vehicle which is in a wrecked or dismantled condition or has had its source of motive power removed:

            (c)       “land” includes yard or vacant lot;

            (d)       “motor vehicle” includes an automobile, motorcycle, and any other vehicle propelled or driven otherwise than by muscular power;

            (e)       “owner” means an owner, lessee or occupant of any land in the Municipality of Machin;

            (f)        “waste” includes refuse or garbage of any kind whatsoever and without limiting the generality of the foregoing includes:

                        (1)       accumulations, litter, remains, rubbish, trash;

                        (2)       discarded furnaces, furnace parts, pipes, pipe-fittings, water or fuel tanks;

                        (3)       paper, cartons;

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Section 1 - Definitions (cont’d):                        (4)       discarded furniture; and appliances

                        (5)       crockery, glass, cans, containers;

                        (6)       material from construction and demolition projects;

                        (7)       domestic and industrial waste;

                        (8)       derelict vehicles;

Section 2 - Maintenance Standards:

            2.1       An owner shall keep land clean and free from waste and from objects or conditions that may create a health, fire or accident hazard.

All trees on the property shall be kept pruned and maintained so as to be free from dead or dying branches. Dead of dying trees and shrubs shall be removed from the property. Protruding roots left from fallen trees shall also be removed from the property.

            2.2       An owner shall keep hedges, shrubs, trees or similar growth trimmed so as not to interfere with the use of a highway or lane.

            2.3       Heavy or obnoxious undergrowth shall be eliminated from the yard.

A owner shall keep grass and/or weeds trimmed so as not to exceed 5 inches in height.

            2.4       No person shall throw, place or deposit waste on:

                        (a)       private property;

                        (b)       Property of the Corporation of the Municipality of Machin or any local board thereof;

                        without authorization from the owner or occupant of such property.

            2.5       Subsection 2.3 does not prohibit the filling or raising of land with earth or rock or the disposal of waste on any lands which have been designated for that purpose by the Corporation of the Municipality of Machin.

            2.6       No owner of land shall cause or permit the existence or continuance thereon of any holes, excavations or trenches which constitute a health, fire or safety hazard.

Section 3 - General:

            3.1       This By-law may be cited as the “Yard Maintenance By-law”.

            3.2       This By-law shall apply to all land within the Municipality of Machin including residential, non-residential and vacant land.

            3.3       In the event of any conflict between this By-law and any other By-law of the Corporation of the Municipality of Machin, the more restrictive provision shall prevail unless the context requires otherwise.

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Section 3 - General (cont’d):

            3.4       Any person violating any of the provisions of this By-law shall be subject to a penalty of not more than Two Thousand ($2,000.00) Dollars, exclusive of costs, and all such penalties shall be recoverable under The Provincial Offences Act.

            3.5       This By-law shall come into force and take effect upon its final passing thereof.

READ a FIRST, SECOND and THIRD time, and FINALLY passed this 24th day of July, 2006.

THE CORPORATION OF THE

MUNICIPALITY OF MACHIN

__________________________

Barbara Beernaerts - MAYOR

__________________________

Cathy Minnder - DEPUTY CLERK