Curbside Collection By-law

1.  The following terms are defined for the purpose of this By-law:

a.  “As Designated” means as designated by the County from time to time by the General Manager of Public Works Operations or his or her designate;

b.  “Biomedical Wastes” means including sharps or medical instruments, anatomical parts, dressings, bandages or other infected materials from hospitals, surgeries, or offices of physicians, surgeons, dentists or veterinarians;

c.  “Bulky Material" means large household items as defined in Schedule "A" of this By-law;

d.  "By-law" means this By-law and any amendments thereto;

e.  "Canborough Waste Management Facility" means the County owned facility located at 499 James Road, Dunnville, ON

f.  "Collectable Material" means material which may be collected Curbside pursuant to this By-law including Garbage and Leaf and Yard Waste;

g.  "Collection Point" means a location fronting a property as close as possible to the edge of the roadway; or that part of a property as designated by the County as the collection point for that property;

h.  "Collection Vehicle" means a vehicle operated by a County Waste Hauler for the collection of Collectable Materials set out for Curbside collection;

i.  "Common Collection Points" means any areas for multiple property owners, whose driveways do not front onto a public roadway or residents living on inaccessible Private Roads, to set out waste on their designated collection day where it is to be collected by the County;

j.  "Contractor" means any person or business which has entered into a contract with the County for the collection of waste materials on behalf of the County.

k.  "Council" means the Council of the Corporation of Haldimand County;

l.  "County" means The Corporation of Haldimand County or its authorized representative;

m.  "County Waste Hauler" means any firm under contract with the County to complete a contract such as the Curbside Waste Collection Program, Leaf and Yard Waste Collection Program, Bulky Item Collection Program or other Curbside collection program offered from time to time;

n.  "Curbside" means the edge of the travelled portion of the road (curb or shoulder);

o.  "Door to Door Service" means a collection method for the curbside collection vehicle where the collection vehicle will follow the travelled portion of the roadway and the collection vehicle will stop in front of each Eligible Property for collection of Collectable Materials;

p.  "Duplex" means a building with two Dwelling Units;

q.  "Dwelling Unit" or "Household" means a room or suite of rooms operated as a housekeeping unit, used or intended to be used as a self-contained domicile by one or more persons and supporting general living conditions usually including cooking, eating, sleeping and sanitary facilities;

r.  "Eligible Property" means a Low-Density Residential Premises, Duplex, Multi-residential Building, Multi-residential Structure, Farm Operation and includes a Premises used for one or more Institutional, Commercial or Industrial purpose provided that:

1. 1. the receptacle limits set out in Sections 15 can be abided by in the normal course of waste generation activity; and
   2. the Owner(s) of the Premises is in compliance with this By-law; and
   3. the only material set out for curbside collection is material generated on the Premises;

s.  "Enhance Services" means waste management services other than regular Curbside Waste collection including but is not limited to Bulky Material collection, Household Hazardous Waste event days, and Leaf and Yard Waste collection;

t.  "Farm Operation" means an agricultural, aquacultural or horticultural operation, other than a race track or a zoo, that is engaged in any or all of the following:

1. 1. growing, producing or raising farm animals;
   2. the production of agricultural crops, including greenhouse crops, maple syrup, mushrooms, nursery stock, tobacco, trees and turf grass, cannabis operations;

u.  "Garbage" means all non-hazardous, solid, residual waste which, for the purpose of this Curbside collection by-law, includes Kitchen Wastes and Organic Material;

v.  "Garbage Receptacle" means a container of water-tight construction which can be provided with a tight-fitting cover which may be removed only when the receptacle is emptied or actively loaded, is maintained in good condition without holes or spillage or a waterproof bag, and is designated for the storing and setting out of Garbage. It does not include cardboard boxes or commercial dumpsters;

w.  "General Manager" means the General Manager of Public Works Operations of Haldimand County as designated by the County or the Person duly authorized to act in his stead;

x.  "Industrial, Commercial / Institutional (IC&I)" premises means any building, structure or Premises used for an industrial, manufacturing or institutional purpose and Premises occupied for the purpose of carrying on a profession, trade or business, may include but not limited to schools, hospitals and group homes;

y.  "Kitchen Wastes" are considered Source Separated Organics and includes fruit and vegetable matter, crushed egg shells, coffee grounds and filters, tea bags and tea leaves and cut flowers;

z.  "Leaf and Yard Waste" any excess material generated on a property including but not limited to leaves, weeds, rakings, cones, fruit and vegetables from yards, brush and tree limbs or clippings, garden and flower bed material, pumpkins, hedge clippings, excluding Kitchen Waste and Organic Material;

aa.  "Low-Density Residential Premises" includes a single-family house containing one dwelling unit and a Semi-detached residential home containing two dwelling units, also known as a Duplex;

bb.  "Material" is the broadest categorization of all that a person or Owner wishes to dispose of for curbside collection, whether Collectable Material or not. Subcategories of material for curbside collection are Collectable Material, non-recyclables, to be prepared in accordance with the By-law, and non-Collectable Material;

cc.  "Mixed Use Building" means a use or intended use of a building designed or intended use of a building or structure designed or intended for two or more uses as combination or residential and non-residential;

dd.  "Multi-residential Building" comprises of up to six (6) Dwelling Units and includes Secondary, Tertiary and Garden Suites as well as buildings with six (6) or less Dwelling Units that are considered vertical, row or town housing or condominium housing on ground level;

ee.  "Multi-residential Structure" comprises of seven (7) or more Dwelling Units and may include, but is not limited to condominiums, nursing homes and retirement homes;

ff.  "Municipal Law Enforcement Officer" means a By-law Enforcement Officer appointed by Haldimand County for the purposes of by-law enforcement;

gg.  "Non-Acceptable Leaf and Yard Waste" consists of stumps, logs, burnt leaves and unbundled brush, sod, dirt, feces, Christmas trees, soil or plastic flower pots and trays. These materials will not be collected in the Curbside Leaf and Yard Waste Collection Program;

hh.  "Non-Collectable Material" means Material not acceptable for collection as defined in Schedule "B: of this By-law;

ii.  "Organic Material" means Waste of animal and vegetable origin resulting from the preparation or consumption of food, feedstock and other material as designated by the County from time to time;

jj.  "Owner" includes an occupant, lessee, tenant or any other person in charge or control of an Eligible Property or Premises;

kk.  "Person" includes an Owner, individual, partnership, association, firm or Corporation, business entity or club, or any other incorporated or unincorporated group or organization to whom the context can apply in accordance with the Interpretation Act, R.S.O. 1990;

ll.  "Premises" means land and buildings in the geographic area of Haldimand County together considered as a property and controlled by an Owner and/or Occupant. Premises may be made up of multiple units;

mm.  "Private Property," also known as 'Private Road', 'Undedicated Road', or 'Private Access'" shall mean roads, laneways, or parking lots, under private Ownership, roads under public Ownership but not dedicated as an open right-of-way, or those roads deemed to be substandard, unmaintained and/or otherwise incapable of providing assured access and egress by the County Waste Hauler to the satisfaction of the General Manager of Public Works, for the purposes of this By-law Private Property is discussed for the purposes of County access, or County contractor access on to Private Property for the purpose of collecting Materials related to this By-law;

nn.  "Rural Area" includes all areas as described in Section 9 (c);

oo.  "Scavenge" means to search through and/or remove materials set out for Curbside collection;

pp.  "Service Area" means the geographic area of the County;

qq.  "Sharps" means medical or veterinary equipment intended to be sharp for the purpose of cutting or piercing, and includes medical needles and syringes;

A. General

1.  The County shall provide for the collection of Collectable Material from Eligible Properties according to the provisions of this By-law.

2.  The County shall designate the days of collection, which may be altered from time to time. Public notification of any change in the days of collection shall be advertised by the County prior to the effective date of said change.

3.  No Curbside collection shall be made on the following statutory holidays or other days as may be determined by the County from time to time:

1. 1. New Year’s Day, Family Day, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, National Day for Truth and Reconciliation and Christmas Day.

4.  In the event that a County-recognized or statutory holiday falls on a regular scheduled collection day, collection shall occur on the following day.

5.  The County may delay Curbside collection services due to environmental conditions, construction projects, or other health and safety-related issues, and shall attempt to notify affected property Owners of such changes.

6.  Properly prepared and separated Collectable Material set out Curbside within the times designated by this By-law shall become the property of the County.

7.  Materials set out which are not acceptable for Curbside collection or materials which have been rendered improperly prepared or separated (i.e. Materials that have been strewn by animals) for Curbside collection shall remain on the property and the responsibility of the Owner.

8.  Material left at the Curbside before or after collection shall be the responsibility of the Premises’ Owner.

9.  Collectable Material shall be set out at the Curbside in Urban Areas and Rural Areas based on the following:

a.  Urban Areas shall include: Caledonia, Cayuga, Dunnville, Hagersville, Jarvis and Townsend, all as shown in “B” Schedules in Haldimand County’s Official Plan.

Hamlet Areas shall include: Attercliffe Station, Blackheath, Byng, Canborough, Canfield, Cheapside, Decewsville, Empire Corners, Fisherville, Garnet, Kohler, Lowbanks, Moulton Station, Nanticoke, Nelles Corners, Port Maitland, Rainham Centre, Selkirk, Sims Lock Road, South Cayuga, Springvale, Stromness, Sweets Corners, Unity Side Road, York, all shown in “C” Schedules in Haldimand County’s Official Plan.

b.  In Urban and Hamlet Areas, the County Waste Hauler generally shall be required to pick up Collectable Material from the Curbside and adjacent to the travelled portion of the street, in front of the residences.

c.  Rural Areas shall include all areas, villages and hamlets not identified in Section (a) above.

d.  In Rural Areas, the County Waste Hauler generally shall be required to pick up Collectable Material on the right-hand side of the road in the direction that the vehicle travels, on its approved route.

10.  No Owner shall be eligible for Curbside collection unless the Owner complies with this By-law.

11.  Classes of Curbside Collectable Material – The classes of Curbside Collectable Material are as follows:

1. Non-recyclable material:
   1. Garbage;
   2. Bulky goods; and
   3. Any other non-recyclable material As Designated;
2. Leaf and Yard material
3. Recyclable materials:
   1. Blue box materials as defined and regulated under the Resource Recovery and Circular Economy Act, 2016 – O. Reg. 391/22: Blue Box.

12.  Any other Material not listed in Section 11 above is Non-Collectable Material and shall not be placed out for Curbside collection.

13.  Where Curbside collection services are available to an Eligible Property in the By-law, an Owner shall separate, prepare and set out the Material for collection according to the classes as noted in Section 11 (a), (b) and (c) above.

14.  The Owner of any Premises receiving Curbside collection shall be responsible to ensure that all Persons on the Premises who use or expect to use the County’s Curbside collection service receive and follow the instructional information relating to the service provided by the County and this By-law.

B. Curbside Collection of Garbage

15.  No Owner shall place Material out for Curbside Collection per week more than:

1. 1. Low-Density Residential Premises – 3 Garbage Receptacles per dwelling unit;
   2. Duplex – 3 Garbage Receptacles per dwelling unit;
   3. Multi-Residential Building – 3 Garbage Receptacles per dwelling unit;
   4. Multi-Residential Structure – 3 Garbage Receptacles per dwelling unit;
   5. Institutional, Commercial or Industrial (used for one or more purposes) – 10 Garbage Receptacles;
   6. Farm Operation – 10 Garbage Receptacles; and
   7. Trailer Parks –
      1. Non-operational Season – Collected based on current practice in accordance with residential, commercial or farm set out limits listed above;
      2. Operational Season – Collected based on 3 Garbage Receptacles per Municipal Property Assessment Corporation (MPAC) assessed individual trailers on the property.

16.  Where an Owner of a Farm Operation has more than one property, Garbage shall only be collected at a Farm Operation that has occupied Premises.

17.  An Industrial, Commercial or Institutional (IC&I) establishment that is on an existing collection route shall be permitted to receive Material collection, as per the By-law requirements, at the nearest adjoining Curbside for collection.

18.  Every Owner, when placing out for Curbside collection a Garbage Receptacle shall ensure that the Garbage Receptacle:

1. 1. is maintained in good condition, without holes or spillage;
   2. has an external height no greater than 92 centimetres (3 feet);
   3. has an internal width or diameter no greater than 61 centimetres (2 feet); and
   4. has a weight of no more than 18 kilograms (40 pounds);
   5. is capable of supporting 18 kilograms (40 pounds) when lifted;
   6. has Suitable Handles;
   7. the garbage does not exceed the limits of the top of the Garbage Receptacle;
   8. lids must be readily separable from the Garbage Receptacle; and
   9. any devices used to tie down or secure any lids shall be removed prior to collection.

61.  This By-law and all its provisions shall be administered by the General Manager.

62.  All Municipal Law Enforcement Officers are authorized to enforce this By-law.

63.  Municipal Law Enforcement Officers acting under this By-law or any person acting under his or her instructions may, at any reasonable time, and upon producing proper identification, enter upon any property without a warrant for the purpose of determining whether or not the following are being complied with:

1. 1. this By-law;
   2. a direction or order made under this By-law; or
   3. a prohibition order made under s. 431 of the Municipal Act, 2001.

64.  Municipal Law Enforcement Officers may, for the purposes of inspection under this By-law:

1. 1. Require the production for inspection of documents or things relevant to the inspection;
   2. Inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts;
   3. Require information in writing or otherwise as required by the officer from any Person concerning a matter related to the inspection; or
   4. Along or in conjunction with a Person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection.

65.  A Municipal Law Enforcement Officer may make an Order requiring the Owner, within the time specified in the Order to:

1. 1. do work to correct the contravention;
   2. discontinue the contravening activity.

66.  An order issued under this By-law shall set out:

1. 1. reasonable particulars of the contravention adequate to identify the contravention; and
   2. the work to be done and the date by which the work must be done; and
   3. state the municipal address, legal description or roll number of the property which is connected to the contravention.

67.  An Order may be served on the Owner personally by handing it to the Owner, but where the Order cannot be given or severed by reason of the Owner’s absence from the Owner’s property or by reason of evasion of service, the Order may be given or served:

1. 1. by handing it to an apparently adult person on the Owner’s property; or
   2. by sending it by prepaid regular mail to the last known address of the Owner of the Premises; or
   3. by sending it by prepaid registered mail to the last known address of the Owner of the Premises; or
   4. by posting it in a conspicuous place upon some part of the Owner’s property and by sending a copy by prepaid regular mail.

68.  If an Order is served by registered mail, the service shall be deemed to have been made on the fifth (5th) day after the day of mailing.

69.  No Owner shall fail to comply with an Order issued under this By-law.

70.  Where an Owner contravenes and Order issued under Section 67, the Municipal Law Enforcement Officer may, without notice to any Owner, cause the work to correct the contravention to be done at each Owner’s expense. Without limitation, the Municipal Law Enforcement Officer may retain such persons to assist in completing the work as the Municipal Law Enforcement Officers determine appropriate.

71.  The County may include a minimum Tipping Fee charge of fifty dollars ($50.00) in the event the Material cleaned up is not separately weighed.