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HomeMy Public PortalAbout48 WASTE DISPOSAL (WARD 2)BY-LAW #48 This instrument purports to be a copy of the criginai registered or ailed in the Kings County Registry Office NB WASTE DISPOSAL BY-LAW--= - Eupk4M0 number-numero VILLAGE OF SUSSEX CORNER Exemplaire presents caroms copie conforms a t'instrument entegistre ou depose au bureau d'enregistrement du comte de Kings NB Page date A By-law respecting the storage, collection and disposal of waste and other materials in the Village of Sussex Corner under authority vested in it by the Municipalities Act, Section 7 (3). The Council for the Village of Sussex Corner enacts as follows: 1. This by-law may be cited as the "Sussex Corner Waste Disposal By-law". 2. In This By-law: "Village" means the Village of Sussex Corner. "Council" means the elected Council of the Village of Sussex Corner. "Village Clerk" means the Village Clerk for the Village of Sussex Corner. "Owner(s)" means the person or persons identified as acquiring the fee simple title to a property in the document which purports to convey such interest and was most recently recorded in the Kings County Registry Office. "Waste" includes: a) Garbage - meaning any putrescible animal, fruit and vegetable wastes, resulting from the storage, handling, preparation, cooking and consumption of food, but does not include body waste, solidified oils or fats of an animal or vegetable derivative used in the preparation of food for commercial purposes, or animal carcases, and, b) Refuse - meaning all putrescible and non-putrescible wastes, including garbage, rubbish, ashes, and solid market and industrial wastes, not set out above, excluding wood or metal scraps and sawdust from commercial premises or hazardous waste. and, c) Rubbish - meaning non-putrescible solid waste, not including ashes, which may be either combustible or non- combustible, and includes paper, cardboard, tin cans, bottles, garden and yard waste and clippings, wood, glass and similar materials, but excludes paint containers. "Ashes" means the residue from the burning of any combustible material. "Transfer Station" means the transfer station operated by Sussex Waste Management. "Private Collector" means any person or company designated by Council to collect, convey and dispose of solid waste for remuneration. "Garbage Bag(s)" means vinyl or plastic bags not smaller than two cubic feet or larger than three cubic feet. "Housing Unit" means a place of dwelling, but does not include a business or a commercial accommodation or a hotel room. "Shared Accommodation" means any room or rooms forming part of the residence of a landlord, or his agent, and of which the entrance and any facilities are used in common by the landlord, or his agent, and the occupant and occupants of the room or rooms. 3. Collection, Disposal and Conveyance of Waste a) The Council shall cause all waste, as set out above, which is accumulated within the Village, to be collected, conveyed and disposed of in accordance with this By-law. b) No person, other than a private collector designated by the Council shall collect, convey over any street or roadway, or dispose of any solid waste within the Village. c) The Clerk shall establish the collection schedules. All residents of the Village will be informed of such schedules by way of advertisement in a newspaper with general circulation in the Village, or by way of a written notice circulated to all residents of the Village by way of the quarterly water and sewer statements. d) Notwithstanding section 3(b), the producer of solid waste, or the owner, lessee or occupant of premises upon which solid waste has accumulated, may collect, convey and dispose of such waste at the Transfer Station provided such collection, conveyance or disposal is performed in compliance with this By-law at their own expense. 2 4. Storage of Solid Waste and Other Waste Materials a) The owner of every shared accommodation unit, and the owner or operator of each commercial, industrial or institutional premises in the Village, shall provide on the premises, sufficient and adequate receptacles for the storage of waste, and shall maintain same in good condition. b) The owner or occupant of any housing unit. shared accommodation, business or property shall not permit waste, as described above, to be stored on the property or premises for a period of more than seven days without same being placed for collection as set out in Section 5 provided collection is available. c) All waste, not placed for collection in accordance with Section 5(b) must be retained on the premises until the twice yearly clean-up or removed by the occupier or landlord in accordance with Section 3(d) of this By-law. 5. Collection Method and Schedules a) All waste materials to be collected by the Village shall be placed at curbside. Such waste will be placed for collection on, or about, 8:00 a.m. on the day set for, collection. b) All waste placed for collection will be contained as follows: i) Garbage bags as defined in this By-law; ii) Cardboard boxes securely tied, not to exceed fifty pounds in weight; iii) Cardboard or paper flattened, bundled and securely tied. c) The Clerk shall establish a collection schedule which will provide for the collection of waste at least once each week during the year and will include one additional clean-up collection in the spring and one in the fall of each year. d) The Clerk shall have the authority to change the collection schedule as required. Such changes will be communicated to the residents of the Village as set out in Section 3(c) of this By-law. 3 e) All waste, placed for collection, but not collected, shall be removed from the roadside by the resident so placing the waste, at the conclusion of the day. 6. DISPOSAL OF ALL OTHER WASTE a) All incombustible materials, not set out above, garden and yard waste and clippings, broken or discarded household furniture or furnishings, or any other rubbish not fitting in garbage bags or boxes as described above shall not be placed for collection with other waste, but shall be retained on the premises until the annual Spring or Fall clean-up collection, or may be disposed of, in accordance with this By-law, at the owner's expense. b) Waste material and rubbish left on premises following the construction, alteration, demolition or repair of a building or structure shall be removed and disposed of by the owner of such property, as promptly as possible, at the owner's expense. c) The Building Inspector may give direction in writing to the owner of premises to remove, within a specified period of time, all waste materials and rubbish from the premises of which he/she is the owner. Upon failure of such owner to comply with such direction, the Building Inspector may cause such waste material and rubbish to be removed at the expense of the Village and the owner shall, upon demand of the Building Inspector, reimburse the Village for such expenses. Such expense shall be a debt due to the Village and shall be recoverable in a court of competent jurisdiction. d) An owner who refuses or neglects to carry out any direction or demand given pursuant to this By-law is guilty of an offence and is liable on summary conviction to a fine of not less than Fifty Dollars ($50.00) and not more than Two Hundred Dollars ($200.00). Where the violation is not a continuing or ongoing violation, upon payment of the fine so assessed hereunder to the Village Clerk, the Village Clerk shall notify the owner that the owner is not liable to prosecution for the violation. e) No person shall place any refuse in a street or public place or upon private property, whether owned by that person or not, except for the purposes of collection, as described in this By-law. f) No person shall deposit waste in any stream or other body of water within the Village. 4 7. DISPOSAL SITES All waste and other materials collected under this By-law shall be disposed of at the Transfer Station, or such other location which Council may from time to time designate. 8. COLLECTION AND DISPOSAL Council, as a whole, will make all necessary decisions concerning the contracting of collection and disposal under this By-law. Responsibility for over -seeing any and all contracts under this By-law will be the responsibility of the Village Clerk. 9. VIOLATION OF THIS BY-LAW Every person who violates any provision of this By-law is guilty of an offence and is liable, on summary conviction, to a fine not to exceed Two Hundred Dollars ($200.00). Where the violation is not a continuing or ongoing violation, upon payment of the fine so assessed hereunder to the Village Clerk, the Village Clerk shall notify the owner that the owner is not liable to prosecution for the violation. 10. EFFECTIVE DATE This By-law comes into force on the date of final passing thereof. FIRST READING September 5, 1995 SECOND READING October 3, 1995 THIRD READ G October 31 1995 AND ACTMENT Mayor, ic Cunningham L Clerk, Sandra ai LB gle