By-law No. 2018-037
Page 1
MUNICIPALITY OF BAYHAM
By-law No. 2018-037
LOT MAINTENANCE BY-LAW
TABLE OF CONTENTS
SECTION DESCRIPTION PAGE
1.0 SHORT TITLE 3
2.0 DEFINITIONS 3
3.0 SCOPE 6
4.0 GENERAL PROHIBITION 6
5.0 LOT MAINTENANCE REGULATIONS, STANDARDS, 6
AND/OR PROHIBITIONS
6.0 SPECIAL PROVISIONS — LANDSCAPING 9
7.0 SPECIAL PROVISIONS — NATURAL GARDENS 9
8.0 SPECIAL PROVISIONS — LOT GRADING AND 10
DRAINAGE / FILL PLACEMENT
9.0 SPECIAL PROVISIONS — OUTDOOR STORAGE 10
10.0 SPECIAL PROVISIONS — FENCES / FENCING 11
11.0 ADMINISTRATION AND ENFORCEMENT 11
12.0 NOTICE OF VIOLATION 12
13.0 OFFENCE AND PENALTY 13
14.0 SEVERABILITY 14
15.0 EFFECTIVE DATE 15
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MUNICIPALITY OF BAYHAM
BY-LAW NO. 2018-037
Being a By-law to Provide for the Maintenance of Land in a
Clean and Clear Condition
WHEREAS section 127(a) of the Municipal Act, S.O. 2001, c. 25, as amended,
(hereinafter "Act") authorizes a local municipality to pass by-laws respecting the cleaning
and clearing of lands, not including buildings, and to require the owner or occupant of
such land to clean and clear that land, not including buildings, or to clear refuse or debris
from such lands;
AND WHEREAS section 127(b) of the said Act authorizes a local municipality to regulate
when and how the matters referred to in the previous section 127(a) shall be done;
AND WHEREAS section 127(c) of the said Act provides this policy may prohibit the
depositing of refuse or debris on land without the consent of the owner or occupant of
such land;
AND WHEREAS section 127(d) of the said Act authorizes a local municipality to define
"refuse" for the purposes aforesaid;
AND WHEREAS section 131 of the said Act authorizes a local municipality to prohibit
and regulate the use of any land for the storage of used motor vehicles for the purpose
of wrecking or dismantling them or salvaging parts from them for sale or other disposition;
AND WHEREAS section 436 of the said Act authorizes a municipality to pass by-laws
providing for entry onto lands for purposes of, among other things, inspection in relation
to matters otherwise prohibited and/or regulated by by-law;
AND WHEREAS section 446 of the said Act authorizes a municipality to direct or require
that a matter or thing be done in default of which the municipality may enter upon land at
any reasonable time to do such matter or thing at the expense of the owner and,
furthermore, providing that the cost of doing such matter or thing may be recovered by
the municipality by action or by adding such costs to the tax roll and collecting them in the
same manner as taxes;
AND WHEREAS section 425 and 429 of the said Act authorizes a municipality to pass
by-laws providing that a person who contravenes a by-law of the municipality is guilty of
an offence and thereafter subject to penalty;
AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it
desirable to regulate and govern the maintenance of land in order to enhance the quality
of the community and neighbourhoods, to protect the safety, health, and well-being of the
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public, and to ensure the continued enjoyment of property by residents and property-
owners of the said Municipality.
NOW THEREFORE the Council of The Corporation of the Municipality of Bayham enacts
as follows:
1.0 Short Title
1.1 This By-Law shall be known as "Lot Maintenance By-Law".
2.0 Definitions
2.1 "By-Law" means this By-Law.
2.2 "By-Law Enforcement Officer" means a Municipal Enforcement Officer as
appointed by Council or a police officer, including but not limited to a member
of the Ontario Provincial Police.
2.3 "Commercial Solid Waste or Grease Container" means a waste or grease
disposal container placed on land within the territorial limits of the Municipality
for the temporary storage of waste or grease; provided that, to meet this
definition, the said container shall be waterproof, leak-proof, and shall be
covered at all times except when depositing waste therein or removing the
contents thereof.
2.4 "Composting"shall mean the biological degradation or breakdown of organic
material into soil-like material.
2.5 "Composting Container" shall mean the holding unit used to store yard,
garden, or household waste for purposes of composting.
2.6 "Corporation" means The Corporation of the Municipality of Bayham.
2.7 "Council" means the elected Council of The Corporation of the Municipality
of Bayham.
2.8 "Land" or "Lands" means real property, including a water lot, within the
territorial limits of the Municipality and, for purposes of this By-Law includes
real property constituting all or a portion of a lot lying or being appurtenant to
a building or structure, whether used for residential or commercial purposes
but excluding any such building or structure.
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2.9 "Lot" means a parcel of land, the boundaries of which are defined in the last
registered instrument by which legal or equitable title to the said parcel was
lawfully and effectively conveyed.
2.10 "Maintenance" means the preservation and keeping of a property in
compliance with requisite standards, prohibitions, or regulations as contained
in this By-Law.
2.11 "Motor Vehicle" means any form of transportation for humans designed to
be propelled or driven otherwise than by muscular power and includes but is
not limited to automobiles, cars, trucks, motorcycles, motor homes, and
trailers of any description.
2.12 "Municipality" means the Municipality of Bayham and includes the
geographic area thereof.
2.13 "Noxious Weed" means and includes a plant designated as a noxious weed
pursuant to The Weed Control Act, R.S.O. 1990, c. W.5, as amended.
2.14 "Nuisance" means any use or condition which interferes with the normal
enjoyment or use of any lands, including but not limited to neighbouring land.
2.15 "Occupant" means any person or persons over the age of eighteen (18)
years in possession and/or control of land or lands within the Municipality.
2.16 "Other Vehicle" means any form of transportation for humans designed to
be propelled or driven otherwise than by muscular power and includes but is
not limited to tractors, self-propelled construction and/or industrial equipment
or implements of husbandry, motorized snow vehicles, or cars of steam,
electric, or diesel railways.
2.17 "Owner" means the person or persons who owns or own any land or lands,
or any lots thereof, within the Municipality and includes but is not limited to a
registered or equitable owner, occupant, tenant, lessee, or mortgagee in
possession.
2.18 "Person" means any individual, company, corporation or director thereof,
partnership, firm, trust, sole proprietorship, government or government
agency, authority, or entity, howsoever established, joint venture, syndicate,
or other legal entity, and further includes all successors, assigns, or legal
representatives thereof.
2.19 "Private Drain" means a sanitary private drain for the collection and
transmission of sanitary sewage to the sanitary sewer and to which
extraneous flows, such as storm drainage, roof water, and surface and/or
ground waters are not to be intentionally admitted.
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2.20 "Vessel" means any form of marine transportation for humans, commodities,
or goods and designed to be propelled by any means including but not limited
to internal combustion engine or engines or otherwise by steam, electric,
muscular, or natural power.
2.21 "Waste Material" means any article, thing, matter, or effluent that appears to
have been set aside, discarded, abandoned, or discharged, whether of any
value or not, or otherwise appears to have been used up in whole or in part,
or expended or worn out in whole or in part and, without limiting the generality
of the foregoing, includes but is not limited to the following:
1. Garbage, refuse, debris, litter, grass clippings, tree and garden cuttings,
brush, vegetative undergrowth and underbrush, dead, diseased or
damaged trees or bushes or leaves therefrom, and leaves.
2. Containers, including but not limited to crockery, dishes, glassware and
bottles, both plastic and/or metal.
3. Paper, cardboard, cloth, plastics, and/or synthetics.
4. Weighty or bulky materials such as machinery, stoves, refrigerators and
other such appliances, furniture, furnace parts, pipes, water or fuel tanks,
wooden or metal signs or pallets, or any part or parts thereof.
5. A motor vehicle or other vehicle which is not operative, a motor vehicle
which is not currently licensed pursuant to the provisions of the Highway
Traffic Act, S.O. 1990, c. H.8, as amended, discarded motor vehicle or
other vehicle, automotive parts, vehicle parts and accessories,
mechanical equipment, mechanical parts, unmounted tires, tires
mounted on rims, and/or accessories or adjuncts to any such motor
vehicle or other vehicle and mechanical equipment.
6. A vessel which is not operative, discarded vessel, unsound or
unseaworthy vessel, vessel parts and accessories, mechanical
equipment, mechanical parts, and/or accessories or adjuncts to such a
vessel and/or mechanical equipment.
7. Broken concrete (other than for shore protection), asphalt payment,
patio/sidewalk slabs, surplus building materials whether new or used.
8. Material resulting from or as part of construction, alteration, repair or
demolition of any building or structure.
9. Rubble, inert fill, and/or fencing materials.
10. All waste of animal or vegetable origin resulting from the processing or
preparation or storage or sale or consumption of food, except any
material of vegetable origin placed in the composting container.
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11. Any liquid containing chemicals or solids either dissolved or in
suspension.
2.22 "Yard" or "Yards" means the land or lands, other than publicly-owned land
or lands, around or appurtenant to the whole or any part of a residential or
non-residential building or structure and used or capable of being used in
connection with such land or lands.
3.0 Scope
3.1 The regulations, standards, and/or prohibition set forth in this By-Law are
deemed to create minimum standards for the promotion of the health, safety,
comfort, convenience, and general welfare of the Municipality and its
residents and property-owners.
4.0 General Prohibition
4.1 No person, including any owner of land, shall fail to comply with any
regulation, standard, or prohibition set forth in this By-Law.
5.0 Lot Maintenance Regulations, Standards, and/or Prohibitions
5.1 Every owner of land in the Municipality shall keep such land, in whole and in
part and including all yards, grounds, and vacant lands, drained and cleaned
and cleared of all waste material.
5.2 For purposes of clarity and in respect of the regulation set forth in section 5.1
above, the requirement for keeping land cleaned and cleared of all waste
material is deemed to include removal of any noxious weed and/or grasses
in excess of 15cm in height, measured from ground level at the location from
which such noxious weed or grass grows, except on any slope requiring such
vegetation for slope stability, the proof of which exception is borne by the
owner or owners of such land.
5.3 Every owner of land in the Municipality shall fill in any excavation located on
such land so owned which is not completely enclosed by an adequate barrier
and/or fencing, the adequacy of which barrier or fencing is to be determined
by the Chief Building Official of the Municipality or his or her designate.
5.4 For purposes of clarity and in respect of the regulation set out in section 5.3
above, the requirement for filling in an excavation does not apply to work that,
in the opinion of the Chief Building Official of the Municipality or his or her
designate, is actively proceeding under a construction or building permit.
5.5 No person, including any owner of land in the Municipality, shall connect or
cause or permit any connection of any weeping tile, foundation drain, roof
drain, or lay drain into any private drain servicing such land or lands, including
any building or structure erected thereon, and, furthermore, no person,
including any owner of land in the Municipality, shall discharge or cause or
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permit to be discharged any extraneous flow, including but not limited to
groundwater, foundation well water, roof or surface water or storm drainage,
into any private drain.
5.6 Every owner of land in the Municipality and serviced by a private drain shall
alter or repair that private drain to disconnect any extraneous flows from or
into such private drain.
5.7 Every owner of land in the Municipality shall drain lands so owned upon which
surface or groundwater has accumulated to a depth which, in the opinion of
the By-Law Enforcement Officer, creates an unsafe or dangerous condition.
5.8 For purposes of clarity and in respect of the regulation set forth in section 5.7
above, the requirement for draining of surface or groundwater does not apply
to swimming pools lawfully constructed, installed, and maintained, storm
water management facilities, water gardens, or natural bodies of water.
5.9 Every owner of land in the Municipality shall keep all hedges and trees
adjacent to a public sidewalk or highway cut and trimmed so as to allow safe
and unhindered passage and an unrestricted view of pedestrians and/or
vehicular traffic travelling upon such sidewalk or highway.
5.10 No person, including the owner thereof, shall use or cause or permit the use
of any land in the Municipality for dumping, depositing, or otherwise disposing
of waste material of any kind.
5.11 No person, including any owner thereof, shall use any land in the Municipality
for storage of any motor vehicle without a current license plate or any other
vehicle for the purpose of wrecking or dismantling them or salvaging parts
thereof for sale or other disposal unless that use of such land in the
Municipality is in strict compliance with zoning requirements enacted by the
Municipality.
5.12 No person, including any owner thereof, shall use any land in the Municipality
for storage of any other vehicle or vehicles or any vessel or vessels for the
purpose of wrecking or dismantling such vessel or vessels or salvaging parts
there from for sale or other disposition unless such use of land is in conformity
with zoning requirements enacted by the Municipality.
5.13 No person, including the owner of any land in the Municipality, shall cause or
permit any Commercial Solid Waste or Grease Container to overflow its
normal capacity when its cover or covers are in a closed and secured
position.
5.14 No person, including the owner of any land in the Municipality, shall cause
or permit foul or offensive odour or odours to emanate from any Commercial
Solid Waste Container or Grease Container.
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5.15 Every owner of any lot fronting any municipal highway or street where an
adjacent sidewalk has been constructed shall remove and/or clear away and
keep removed and cleared away all snow and ice from such sidewalk on the
street side nearest to such lot, such removal to be completed within twenty-
four (24) hours of a snowfall.
5.16 Every owner of any lot in the Municipality which fronts upon any municipal
highway or street where an adjacent sidewalk has been constructed shall
remove and clear away and keep removed and cleared away all dirt, debris,
and litter from the said sidewalk on the street side nearest to such lot.
5.17 No person, including any owner thereof, shall plant, maintain, or permit any
tree, brush, hedge, or shrub to grow more than one (1) metre in height on a
corner lot where such tree, bush, hedge, or shrub is planted within four (4)
metres of the intersection of the front lot line and the exterior lot line of such
lot.
5.18 Every owner of any land in the Municipality shall keep such land clean and
clear of any dilapidated or collapsed buildings or structures, or parts thereof,
as erected upon such land.
5.19 Every owner of any land in the Municipality shall keep a yard or pen where a
dog or dogs are allowed to run in a clean and sanitary condition and,
furthermore, all excrement, feces, refuse, and dropped or scattered food
associated therewith shall be removed from such yard or pen by the said
owner at least once every three (3) days.
5.20 Every owner of land in the Municipality shall keep such land clean and clear
of any object or objects and/or condition or conditions which are or could
create any health, fire, or safety hazards, including but not limited to any
object or condition which could promote or encourage the infestation and/or
habitation of or by rodents, insects, or other vermin.
6.0 Special Provisions — Landscaping
6.1 Without limiting the generality of any provision set forth above,
6.1.1 every owner of land in the Municipality shall keep all grass, trees,
bushes, hedges, and other landscaping material in a condition so as
to prevent unsightly or unreasonable undergrowth in relation and
compared to the surrounding natural environment.
6.1.2 every owner of land in the municipality shall keep and take reasonable
steps to keep grass, trees, bushes, hedges, and other landscaping
material in a living condition.
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7.0 Special Provisions — Natural Gardens
7.1 Without limiting the generality of any provision set forth above and subject to
the regulations and prohibitions set forth in section 7.2 below, the owner of
any land in the Municipality may grow and maintain a managed and natural
landscape, including one or more species of wild flowers, shrubs, trees,
herbaceous plants, ferns, and/or grasses, or any combination thereof and
regardless of whether such species are native or non-native to the
Municipality and/or edible or not edible (referred to as a "natural garden"),
upon such land.
7.2 No owner of land in the Municipality shall plant, grow, or maintain a natural
garden that:
7.2.1 contains any noxious weed;
7.2.2 in an urban area as identified or defined in section 4 of the Official Plan
for the Municipality that:
7.2.2.1 fails to maintain a growth setback of two (2) metres from the
nearest edge of a highway (as defined by the Highway Traffic
Act, R.S.O 1990, c. H.8, as amended) within which any tree,
shrub, plant, flower, fern, or grass cannot exceed 15cm in
height as measured from the ground level at the location from
which it grows; and/or
7.2.2.2 fails to maintain a growth setback of two (2) metres from the
nearest edge of a sidewalk constructed adjacent to such land
within which any tree, shrub, plant, flour, fern, or grass
cannot exceed 15cm in height as measured from the ground
level at the location from which it grows.
8.0 Special Provisions — Lot Grading and Drainage / Fill Placement
8.1 Without limiting the generality of any provision set forth above, every owner
of land in the Municipality,
8.1.1 shall keep such land adequately drained of surface water, including
suitable provision for its disposal without causing or creating erosion;
8.1.2 shall not discharge water, including but not necessarily limited to
surface water, water collected from the roof of any building or water
from a swimming pool, onto any driveway, entranceway, walkway,
sidewalk, stair, step, or any land adjacent thereto, or any highway in
such a manner so as to cause damage or create an unsafe condition;
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8.1.3 shall not cause or permit roof drainage to be discharged onto the
ground less than one (1.0) metre from any building constructed
thereon, provided that, at the location of discharge, such water does
not escape onto or adversely affect adjacent lands or otherwise cause
erosion;
8.1.4 shall not cause or allow any fill piled upon such land to remain in and
on the levelled state for longer than fourteen (14) days from the date
of such piling, unless the land contains a construction site for which a
building permit has been issued by the Municipality and is in effect;
8.1.5 shall not cause or allow any fill piled upon land to remain uncovered
by sod, seed, or agricultural crops for more than thirty (30) days from
the date of such piling, unless the land either:
8.1.5.1 is being actively farmed,
8.1.5.2 contains a construction site for which a building permit has
been issued by the Municipality and is in effect, or,
8.1.5.3 is subdivided under a signed subdivision agreement with the
Municipality.
9.0 Special Provisions — Outdoor Storage
9.1 Where outdoor storage is permitted, every owner of any land in the
Municipality shall:
9.1.1 locate and maintain such storage in a safe condition, wherein all stored
items and materials are packed or stacked in a neat and orderly
fashion or in bins, containers, structures, or enclosures appropriate for
the nature, composition, or other characteristic properties or distinctive
attributes of such stored items and materials; and,
9.1.2 completely enclose such outdoor storage area with fencing at least 1.5
metres in height, which fencing shall be constructed in such a fashion
to screen the view of all items and materials so stored and provided
that such fenced enclosures,
9.1.2.1 shall be located at least six (6.0) metres from any highway,
and,
9.1.2.2 shall be landscaped on the exterior sides thereof, save any
side which adjoins any building, driveway, or parking or
loading area.
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10.0 Special Provisions — Fences / Fencing
10.1 Every owner of land or lands in the Municipality upon or between which a
fence, fences, or fencing has been erected shall maintain such fence, fences,
or fencing,
10.1.1 in general repair, free from loose or insufficiently secured, rotten,
warped, or broken materials or elements;
10.1.2 in a safe and structurally sound condition, capable of sustaining
safely it's own weight and any load to which it could reasonably be
subjected;
10.1.3 free of dangerous objects; and,
10.1.4 reasonably plumb, unless specifically designed to be other than
vertical.
11.0 Administration and Enforcement
11.1 This By-Law shall be administered by a By-Law Enforcement Officer
appointed by Council and shall be enforced by either such By-Law
Enforcement Officer or a police officer.
11.2 The By-Law Enforcement Officer may, from time to time, designate another
person or persons or retain the services of a qualified consultant to assist in
the performance of duties hereunder.
11.3 The By-Law Enforcement Officer may enter on any land at any reasonable
time for the purpose of carrying out an inspection of such land, including for
the purpose of determining whether or not this By-Law or any Notice of
Violation issued hereunder is being complied with.
11.4 For the purpose of conducting an inspection pursuant to section 11.3 above,
a power of entry may be exercised by a By-Law Enforcement Officer to carry
out an inspection and the said By-Law Enforcement Officer may;
11.4.1 require the production for inspection of documents or things relevant
to the inspection;
11.4.2 inspect and remove documents or things relevant to the inspection
for the purpose of making copies or extracts;
11.4.3 require information from any person related to a matter relevant to
the inspection;
11.4.4 alone or in conjunction with any person possessing special or expert
knowledge, make examinations or take tests, samples, or
photographs necessary for the purposes of the inspection.
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12.0 Notice of Violation
12.1 If a By-Law Enforcement Officer is satisfied that a violation or contravention
of this By-Law has occurred, the said By-Law Enforcement Officer may serve
written notice upon the owner of the involved land, directing that the violation
be remedied within a specific period. Such notice shall contain reasonable
particulars of the violation adequate to identify same and the location of the
land as well as the date by which compliance must be effected.
12.2 In the event that the violation in the notice is not remedied within the aforesaid
period of time, the By-Law Enforcement Officer may cause the violation to be
remedied at the expense of the owner. The Municipality shall not be
responsible for any damage or loss that may be sustained by the owner as a
result.
12.3 Where a By-Law Enforcement Officer deems a violation of this By-law to
constitute an emergency or danger to the public, the said By-Law
Enforcement Officer may, without notice, cause such violation to be remedied
at the expense of the owner. The Municipality shall not be responsible for any
damage or loss that may be sustained by the owner as a result. Where the
violation is remedied without prior notice to the owner, the By-Law
Enforcement officer shall serve written notice upon the owner of the land
describing the particulars of the violation so as to adequately identify same
and the location of the land as well as the date upon which the remedial action
was taken.
12.4 Any notice given under this By-Law may be given by regular mail or personal
delivery. Delivery by regular mail shall be deemed to have been effected on
the third day after posting.
12.5 The Municipality may recover its costs of remedying violation of this By-Law
by invoicing the owner, by institution of court proceedings, or by adding the
cost to the tax roll in the same manner as municipal taxes. The exercise of
any such remedy shall not preclude the exercise of any other available
remedy.
13.0 Offence and Penalty
13.1 Any person who contravenes any provision of this By-Law or a notice issued
hereunder is guilty of an offence and, upon conviction, is liable to a minimum
fine of$500.00 and a maximum fine of not more than $15,000.00.
13.2 A director or officer of a corporation who knowingly concurs in a violation or
contravention by the corporation of any provision of or notice under this By-
Law is guilty of an offence and, upon conviction, is liable to a minimum fine
of$500.00 and a maximum fine of not more than $15,000.00.
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13.3 If either a notice has been issued under this By-Law or any Court of
competent Jurisdiction has issued an Order in respect of this By-Law and
such notice or Order has not been complied with, then any ongoing
contravention of such notice or Order shall be deemed to be a continuing
offence for each day or part thereof that the said notice or Order is not
complied with.
13.4 Any person who contravenes any provisions of this By-Law so as to constitute
or commit a continuing offence shall be liable to a fine of not less than $200.00
and not more than $15,000.00 for each day or part of a day that such offence
continues. The total of any such daily fines for such continuing offence shall
not exceed $100,000.00.
13.5 In the event of conviction of an offence of this By-Law, the Court entering
such conviction or any other Court of competent jurisdiction may, in addition
to any other penalty, make an Order prohibiting the continuation or repetition
of the offence by the person so convicted.
14.0 Severability
14.1 If a Court of competent jurisdiction declares any section or part of this By-Law
invalid, the remainder of this By-Law shall continue in force unless the Court
makes an order to the contrary.
15.0 Effective Date
15.1 This By-Law shall come into full force and take effect on the date it is
passed.
READ A FIRST, SECOND, AND THIRD TIME AND PASSED THIS 15th DAY OF
MARCH, 2018.
Paul Ens, Mayor
u i ,
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ONTARIO COURT OF JUSTICE
PROVINCIAL OFFENCES ACT
PART I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act
and the rules for the Ontario Court of Justice that the amount set opposite
each of the offences in the schedule of offences under the Provincial
Statutes and Regulations thereunder and Municipal By-law No. 2018-037,
as amended, of the Municipality of Bayham, attached hereto are the set
fines for those offences. This Order is to take effect December 27, 2018.
Dated at London this 27th day of December, 2018.
Stephen J. Fuerth
Regional Senior Justice
West Region
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ITEM
1.
2.
3.
4.
5.
6.
7.
8.
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Part I Provincial Offences Act
BY-LAW NO. 2018-037 TITLE: Lot Maintenance By-Law
COLUMN 1
Short Form Wording
Fail to comply with regulation, standard or
prohibition
Fail to keep land drained
Fail to keep land cleaned and cleared
Owner -Fail to fill in excavation
Connect weeping tile, foundation drain, or
roof drain into private drain servicing land or lands
Permit connection of weeping tile, foundation drain
or roof drain into private drain servicing land or lands
Lay drain into private drain servicing land or lands
Permit laying of drain into private drain servicing
land or lands
COLUMN 2
Provision Creating or Defining
Offence
S. 4.1
s. 5.1
s. 5.1
s. 5.3
s. 5.5
s. 5.5
s. 5.5
s. 5.5
COLUMN 3
Set Fine
$ 85.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 13.0 of By-Law No. 2018-037, as amended by By-Law No.
2018-090, a certified copy of which by-laws has been filed.
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ITEM
9.
10.
11.
12.
13.
14.
15.
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Part I Provincial Offences Act
BY-LAW NO. 2018-037 TITLE: Lot Maintenance By-Law
COLUMN 1
Short Form Wording
Discharge extraneous flow into private drain
Permit discharge of extraneous flow into private drain
Fail to alter or repair private drain to disconnect
extraneous flows
Fail to drain lands of surface or ground water -unsafe
or dangerous condition
Owner -Fail to cut and trim hedges adjacent to
sidewalk or highway -passage
COLUMN 2
Provision Creating or Defining
Offence
s. 5.5
s. 5.5
S. 5.6
s. 5.7
s. 5.9
Owner -Fail to cut and trim trees adjacent to sidewalk
or highway -passage s. 5.9
Owner -Fail to cut and trim hedges adjacent to
sidewalk or highway -view s. 5.9
COLUMN 3
Set Fine
$125.00
$125.00
$125.00
$250.00
$ 85.00
$ 85.00
$ 85.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 13.0 of By-Law No. 2018-037, as amended by By-Law No.
2018-090, a certified copy of which by-laws has been filed.
Page 17
ITEM
16.
17.
18.
19.
20.
21.
22.
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Part I Provincial Offences Act
BY-LAW NO. 2018-037 TITLE: Lot Maintenance By-Law
COLUMN 1
Short Form Wording
Owner -Fail to cut and trim trees adjacent to
sidewalk or highway -view
Use land for dumping, depositing, or disposing of
waste material
COLUMN 2
Provision Creating or Defining
Offence
s. 5.9
S. 5.10
Cause use of land for dumping, depositing, or disposing
of waste material s. 5.10
Permit use of land for dumping, depositing, or disposing
of waste material s. 5.10
Use land for storage of vehicle without current license
plate s. 5.11
Use land for storage of motor vehicle for purpose of
wrecking or dismantling s. 5.11
Use land for storage of motor vehicle for purpose of
salvaging of parts S. 5.11
COLUMN 3
Set Fine
$ 85.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 13.0 of By-Law No. 2018-037, as amended by By-Law No.
2018-090, a certified copy of which by-laws has been filed.
Page 18
ITEM
23.
24.
25.
26.
27.
28.
29.
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Part I Provincial Offences Act
BY-LAW NO. 2018-037 TITLE: Lot Maintenance By-Law
COLUMN 1
Short Form Wording
Use land for storage of vessel for purpose of
wrecking or dismantling
Use land for storage of vessel for purpose of
salvaging of parts
Cause Solid Commercial Waste Container to
overflow normal capacity
Permit Solid Commercial Waste Container to
overflow normal capacity
Cause Grease Container to overflow normal capacity
Permit Grease Container to overflow normal capacity
Cause foul or offensive odor to emanate from
Solid Commercial Waste Container
COLUMN 2
Provision Creating or Defining
Offence
s. 5.12
s. 5.12
s. 5.13
s. 5.13
S. 5.13
s. 5.13
S. 5.14
COLUMN 3
Set Fine
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 13.0 of By-Law No. 2018-037, as amended by By-Laws
2018-090, a certified copy of which by-laws has been filed.
Page 19
ITEM
30.
31.
32.
33.
34.
35.
36.
37.
38.
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Part I Provincial Offences Act
BY-LAW NO. 2018-037 TITLE: Lot Maintenance By-Law
COLUMN 1
Short Form Wording
Permit foul or offensive odor to emanate from
Solid Commercial Waste Container
Cause foul or offensive odor to emanate from
Grease Container
Permit foul or offensive odor to emanate from
Grease Container
Fail to remove snow from adjacent sidewalk
Fail to clear away snow from adjacent sidewalk
Fail to remove ice from adjacent sidewalk
Fail to clear away ice from adjacent sidewalk
Fail to remove dirt from adjacent sidewalk
Fail to clear away dirt from adjacent sidewalk
COLUMN 2
Provision Creating or Defining
Offence
s. 5.14
S. 5.14
s. 5.14
S. 5.15
S. 5.15
s. 5.15
S. 5.15
S. 5.16
s. 5.16
COLUMN 3
Set Fine
$250.00
$250.00
$250.00
$ 85.00
$ 85.00
$ 85.00
$ 85.00
$ 85.00
$ 85.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 13.0 of By-Law No. 2018-037, as amended by By-Law No.
2018-090, a certified copy of which by-laws has been filed.
Page 20
ITEM
39.
40.
41.
42.
43.
44.
45.
46.
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Part I Provincial Offences Act
BY-LAW NO. 2018-037 TITLE: Lot Maintenance By-Law
COLUMN 1
Short Form Wording
Fail to remove debris from adjacent sidewalk
Fail to clear away debris from adjacent sidewalk
Fail to remove litter from adjacent sidewalk
Fail to clear away litter from adjacent sidewalk
Permit tree, bush, or hedge to grow to height of more
than 1 metre within 4 metres of corner
Fail to keep land clean and clear of dilapidated or
collapsed buildings or structures
COLUMN 2
Provision Creating or Defining
Offence
s. 5.16
S. 5.16
S. 5.16
S. 5.16
s. 5.17
S. 5.18
Fail to keep land clean and clear of parts of dilapidated
or collapsed buildings or structures s. 5.18
Fail to keep yard in a clean and sanitary condition
-dog(s) allowed to run s. 5.19
COLUMN 3
Set Fine
$ 85.00
$ 85.00
$ 85.00
$ 85.00
$125.00
$250.00
$250.00
$125.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 13.0 of By-Law No. 2018-037, as amended by By-Law No.
2018-090, a certified copy of which by-laws has been filed.
Page 21
ITEM
47.
48.
49.
50.
51.
52.
53.
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Part I Provincial Offences Act
BY-LAW NO. 2018-037 TITLE: Lot Maintenance By-Law
COLUMN 1
Short Form Wording
Fail to keep pen in a clean and sanitary condition
-dog(s) allowed to run
Fail to remove feces from yard or pen
-dog(s) allowed to run
Fail to remove refuse from yard or pen
-dog(s) allowed to run
Fail to remove dropped or scattered food from yard
or pen -dog(s) allowed to run
Fail to keep land clean and clear of object(s)
-creation of health, fire or safety hazard(s)
Fail to keep land clean and clear of object(s)
-creation of potential health, fire or safety hazard(s)
Fail to keep grass in condition to prevent unsightly
or unreasonable growth
COLUMN 2
Provision Creating or Defining
Offence
s. 5.19
S. 5.19
S. 5.19
s. 5.19
s. 5.20
S. 5.20
s. 6.1.1
COLUMN 3
Set Fine
$125.00
$125.00
$125.00
$125.00
$250.00
$250.00
$250.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 13.0 of By-Law No. 2018-037, as amended by By-Law No.
2018-090, a certified copy of which by-laws has been filed.
Page 22
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Part I Provincial Offences Act
BY-LAW NO. 2018-037 TITLE: Lot Maintenance By-Law
ITEM COLUMN 1
Short Form Wording
54. Fail to keep trees in condition to prevent unsightly
or unreasonable growth
55. Fail to keep bushes in condition to prevent unsightly
or unreasonable growth
56. Fail to keep hedge in condition to prevent unsightly
or unreasonable growth
57. Fail to keep landscaping material in a condition to
prevent unsightly or unreasonable growth
58. Fail to keep grass in living condition
59. Fail to take reasonable steps to keep grass in living
condition
60. Fail to keep trees in living condition
COLUMN 2
Provision Creating or Defining
Offence
s. 6.1.1
S. 6.1.1
s. 6.1.1
s. 6.1.1
S. 6.1.2
S. 6.1.2
s. 6.1.2
COLUMN 3
Set Fine
$ 85.00
$ 85.00
$ 85.00
$ 85.00
$ 85.00
$ 85.00
$ 85.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 13.0 of By-Law No. 2018-037, as amended by By-Law No.
2018-090, a certified copy of which by-laws has been filed.
Page 23
ITEM
61.
62.
63.
64.
65.
66.
67.
68.
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Part I Provincial Offences Act
BY-LAW NO. 2018-037 TITLE: Lot Maintenance By-Law
COLUMN 1
Short Form Wording
Fail to take reasonable steps to keep trees in living
condition
Fail to keep bushes in living condition
Fail to take reasonable steps to keep bushes in living
condition
Fail to keep hedges in living condition
Fail to take reasonable steps to keep hedges in living
condition
COLUMN 2
Provision Creating or Defining
Offence
S. 6.1.2
s. 6.1.2
s. 6.1.2
s. 6.1.2
S. 6.1.2
Fail to keep other landscaping material in living condition S. 6.1.2
Fail to take reasonable steps to keep other landscaping
material in living condition s. 6.1.2
Plant, grow, or maintain a natural garden that
contains a noxious weed s. 7.2.1
COLUMN 3
Set Fine
$ 85.00
$ 85.00
$ 85.00
$ 85.00
$ 85.00
$ 85.00
$ 85.00
$125.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 13.0 of By-Law No. 2018-037, as amended by By-Law No.
2018-090, a certified copy of which by-laws has been filed.
Page 24
ITEM
69.
70.
71.
72.
73.
74.
75.
76.
77.
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Part I Provincial Offences Act
BY-LAW NO. 2018-037 TITLE: Lot Maintenance By-Law
COLUMN 1
Short Form Wording
COLUMN 2
Provision Creating or Defining
Offence
Plant, grow, or maintain a natural garden in urban area
-fail to maintain a growth set back from highway s. 7.2.2.1
Plant, grow, or maintain a natural garden in urban area
-fail to maintain a growth set back from sidewalk S. 7.2.2.1
Fail to keep land adequately drained of surface water S. 8.1.1
Fail to keep land adequately drained of surface water
-unsuitable disposal S. 8.1.1
Discharge surface water onto driveway s. 8.1.2
Discharge surface water onto entranceway s. 8.1.2
Discharge surface water onto walkway s. 8.1.2
Discharge surface water onto sidewalk s. 8.1.2
Discharge surface water onto stair S. 8.1.2
COLUMN 3
Set Fine
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 13.0 of By-Law No. 2018-037, as amended by By-Law No.
2018-090, a certified copy of which by-laws has been filed.
Page 25
ITEM
78.
79.
80.
81.
82.
83.
84.
85.
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Part I Provincial Offences Act
BY-LAW NO. 2018-037 TITLE: Lot Maintenance By-Law
COLUMN 1
Short Form Wording
Discharge surface water onto steps
Discharge surface water onto adjacent land
Discharge surface water onto highway
Discharge surface water onto highway
-create unsafe condition
Cause discharge of roof drainage onto ground less
than 1.0 metre from building
Permit discharge of roof drainage onto ground less
than 1.0 metre from building
Cause fill piled on land to remain unlevelled
-longer than 14 days
Permit fill piled on land to remain unlevelled
-longer than 14 days
COLUMN 2
Provision Creating or Defining
Offence
s. 8.1.2
s. 8.1.2
S. 8.1.2
s. 8.1.2
S. 8.1.3
s. 8.1.3
s. 8.1.4
s. 8.1.4
COLUMN 3
Set Fine
$125.00
$125.00
$125.00
$250.00
$250.00
$250.00
$125.00
$125.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 13.0 of By-Law No. 2018-037, as amended by By-Law No.
2018-090, a certified copy of which by-laws has been filed.
Page 26
ITEM
86.
87.
88.
89.
90.
91.
92.
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Part I Provincial Offences Act
BY-LAW NO. 2018-037 TITLE: Lot Maintenance By-Law
COLUMN 1
Short Form Wording
Cause fill piled on land to remain uncovered
-longer than 30 days
Permit fill piled on land to remain uncovered
-longer than 30 days
COLUMN 2
Provision Creating or Defining
Offence
s. 8.1.5
S. 8.1.5
Fail to locate permitted outdoor storage in safe condition s. 9.1.1
Fail to maintain permitted outdoor storage in safe condition s. 9.1.1
Fail to pack stored items in a neat and orderly fashion
-permitted outdoor storage s. 9.1.1
Fail to stack stored items in a neat and orderly fashion
-permitted outdoor storage s. 9.1.1
Fail to pack stored materials in a neat and orderly
fashion -permitted outdoor storage S. 9.1.1
COLUMN 3
Set Fine
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 13.0 of By-Law No. 2018-037, as amended by By-Law No.
2018-090, a certified copy of which by-laws has been filed.
Page 27
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Part I Provincial Offences Act
BY-LAW NO. 2018-037 TITLE: Lot Maintenance By-Law
ITEM COLUMN 1
Short Form Wording
93. Fail to stack stored materials in a neat and orderly
fashion -permitted outdoor storage
94. Fail to store items in appropriate bins, containers,
structures, or enclosures -permitted outdoor storage
95. Fail to store materials in appropriate bins, containers
structures, or enclosures -permitted outdoor storage
96. Fail to enclose outdoor storage area with fencing to
specifications
97. Fail to enclose outdoor storage area to screen all
stored items and materials
98. Locate fenced outdoor storage enclosures
within 6.0 metres of highway
99. Fail to landscape exterior sides of fenced outdoor
storage enclosure
COLUMN 2
Provision Creating or Defining
Offence
s. 9.1.1
s. 9.1.1
s. 9.1.1
S. 9.1.2
s. 9.1.2
s. 9.1.2.1
s. 9.1.2.2
COLUMN 3
Set Fine
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 13.0 of By-Law No. 2018-037, as amended by By-Law No.
2018-090, a certified copy of which by-laws has been filed.
Page 28
ITEM
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
COLUMN 1
Part I Provincial Offences Act
BY-LAW NO. 2018-037
COLUMN 2
TITLE: Lot Maintenance By-Law
COLUMN 3
Short Form Wording Provision Creating or Defining Set Fine
Offence
100. Fail to maintain fence(s) or fencing in general repair s. 10.1.1 $125.00
101. Fail to maintain fence(s) or fencing free from loose or
insufficiently secured materials or elements S. 10.1.1 $125.00
102. Fail to maintain fence(s) or fencing free from rotten,
warped, or broken materials or elements s. 10.1.1 $125.00
103. Fail to maintain fence(s) or fencing in a safe condition s. 10.1.2 $125.00
104. Fail to maintain fence(s) or fencing in a structurally
sound condition S. 10.1.2 $125.00
105. Fail to maintain fence(s) or fencing capable of
sustaining its own weight and reasonable load s. 10.1.2 $125.00
106. Fail to maintain fence(s) or fencing free of
dangerous objects s. 10.1.3 $250.00
107. Fail to maintain fence(s) or fencing reasonably plumb S. 10.1.4 $125.00
108. Fail to comply with notice S. 13.1 $250.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 13.0 of By-Law No. 2018-037, as amended by By-Law No.
2018-090, a certified copy of which by-laws has been filed.