Chapter 635 - Garbage
Page 1
PROPERTY MAINTENANCE
Chapter 635
GARBAGE
Article I
INTERPRETATION
635.1.1 Ashes - defined
635.1.2 City- defined
635.1.3 Collectable refuse- defined
635.1.4 Contractor- defined
635.1.5 Engineer- defined
635.1.6 Garbage- defined
635.1.7 Generator- defined
635.1.8 Household- defined
635.1.9 Household rubbish - defined
635.1.10 Non-collectable refuse- defined
625.1.11 Place of business - defined
635.1.12 Recyclable refuse- defined
635.1.13 Street-defined
Article 2
CONTRACTOR-RESPONSIBILITY
635.2.1 Collectable refuse- only
635.2.2 Exception - townhouses - apartments - over 6 units
635.2.3 Exception - agreement-registered- on lands
KITCHENER 635.1 DECEMBER 1997
Page 2
GARBAGE
635.2.4 Exception -businesses - gross floor area - maximum
Article 3
PREPARATION OF COLLECTABLE REFUSE AND
HOUSEHOLD RUBBISH BY GENERATORS
635.3.1 Prescribed containers -provide- maintain
635.3.2 Prescribed container-pick-up from- exemption
635.3.3 Collectable refuse- all - except recycled
635.3.4 Collectable refuse- ashes
635.3.5 Collectable refuse- other than garbage and ashes
635.3.6 Recyclable refuse
635.3.7 Liquids - to be drained
635.3.8 Ashes - separated- cold
635.3.9 Newspaper- magazines - other paper
635.3.10 Brush - tree- garden cuttings
635.3.11 Cardboard cartons - crates - other packaging
635.3.12 Household rubbish - no container required
635.3.13 Common area - facility- more than 3 units
635.3.14 Leaves - autumn collection -requirement
Article 4
PLACING OF COLLECTABLE REFUSE BY
GENERATORS FOR COLLECTION
635.4.1 One location - close to travelled portion
635.4.2 Vehicles - no entry-upon private property- exception
635.4.3 Containers -planning - not on sidewalk
DECEMBER 1997 635.2 KITCHENER
Page 3
GARBAGE
Article 5
COLLECTION-AGREEMENT- TIMES FOR
635.5.1 Time- for collections
635.5.2 Day collection
635.5.3 Early morning collection
635.5.4 Leaves - autumn collection -placement
Article 6
COLLECTABLE REFUSE AND HOUSEHOLD
RUBBISH-AMOUNT
635.6.1 Household-unlimited
635.6.2 Church -business - 10 only
635.6.3 Unlimited
Article 7
GENERAL NUISANCE
635.7.1 Deposit- accumulation -hazard to health
635.7.2 Deposit- on street- in watercourse
635.7.3 Interference with -removal
Article 8
DISPOSAL-NON-COLLECTABLE REFUSE
635.8.1 Responsibility- of generator
Article 9
TRANSPORTING WASTE MATERIAL AND REFUSE
635.9.1 Covered containers -required
Article 10
COLLECTORS -NOT TO ENTER PREMISES
635.10.1 Entry-by collector-prohibited
KITCHENER 635.3 DECEMBER 1997
Page 4
635.1.1 GARBAGE 635.1.3
Article 11
ENFORCEMENT
635.11.1 Engineer- Regional Medical Officer of Health
635.11.2 Fine- for contravention
Article 1
INTERPRETATION
635.1.1 Ashes-defined
"ashes"means the residue,including soot,of any fuel after it has been con-
sumed by fire at a household,church or place of business.
635.1.2 City-defined
"City"means The Corporation of the City of Kitchener.By-law 87-237,28
September, 1987.
635.1.3 Collectable refuse- defined
"collectable refuse"means waste which is abandoned or discarded by a gen-
erator from a household,church or place of business and consists of ashes,
garbage and other refuse,including:
(a) containers such as crockery,dishes,glassware,bottles,plastic
containers and cans;
(b) paper,packaging and clothing;
(c) tree and garden cuttings,brush and leaves;
(d) weighty or bulky materials and articles from a household,here-
inafter defined as"household rubbish";
(e) any other materials and articles as would normally accumulate
at a household,church or place of business;and
(f) recyclable wastes
but shall not include:
(i) weighty or bulky materials and articles from a
church or place of business; and
(ii) non-collectable refuse as hereinafter defined.
By-law 87-237, 28 September, 1987; By-law
DECEMBER 1997 635.4 KITCHENER
Page 5
635.1.4 GARBAGE 635.1.10
91-173, 29 April, 1991; By-law 93-57, 8 March,
1993.
635.1.4 Contractor- defined
"contractor"means any person who has agreed with the City to perform and
carry out the collection,removal and disposal of ashes,garbage and other re-
fuse from the City.By-law 87-237,28 September, 1987.
635.1.5 Engineer-defined
"Engineer"means the Deputy CAO,Infrastructure Services of the City or
his/her representative.By-law 87-237,28 September,1987;By-law 97-140,
15 September, 1997;By-law 2011-047,28 March,2011.
635.1.6 Garbage-defined
"garbage"means all kitchen and table waste,of animal or vegetable origin,
resulting from the preparation or consumption of food in a household,
church or place of business.
635.1.7 Generator- defined
"generator"means any owner,occupant,tenant,or other person having use,
occupation,charge or control of any household,church or place of business.
By-law 87-237,28 September, 1987.
635.1.8 Household-defined
"household"means a dwelling unit,situate in a building or portion thereof
and occupied exclusively by one or more persons as a place of residence
with sleeping,cooking,eating and sanitary facilities,and includes a dwelling
unit situate in a single-family dwelling and in a semi-detached,duplex,tri-
plex,townhouse,apartment or other multiple dwelling.By-law 87-237,28
September, 1987;By-law 91-173,29 April, 1991.
635.1.9 Household rubbish-defined
"household rubbish"means weighty or bulky materials or articles such as
stoves,refrigerators and other such appliances,bedsprings,mattresses,fur-
niture,rugs,non-collapsible boxes,crates and barrels,bathtubs,water tanks,
bicycles,fence and washline posts(with concrete anchors removed)and any
other materials and articles which would normally accumulate at a house-
hold but shall not include"non-collectable refuse".By-law 87-237,28 Sep-
tember, 1987;By-law 88-192,s. 1,26 September, 1988.
635.1.10 Non-collectable refuse-defined
"non-collectable refuse" shall mean any waste, other than ashes, garbage
and other collectable refuse,and shall include the following:
(a) manufacturers' or industrial waste;
(b) explosives and any highly flammable or volatile substances of
any nature whatsoever;
KITCHENER 635.5 APRIL 2011
Page 6
635.1.10 GARBAGE 635.1.10
(c) liquid or gaseous wastes(except for recyclable motor oil);
(d) caustics and acids;
(e) poisons,pesticides and herbicides;
(f) radioactive material;
(g) septic tankpumpings,raw sewage sludge and industrial process
sludge;
(h) infected materials,including dressings,bandages,and syringes,
from hospitals, veterinarian establishments and medical
offices;
(i) organic material which has not been drained of all iquids in ac-
cordance with the provisions of this Chapter;
(j) carcasses or parts thereof of any animal or other creature,save
for bona fide kitchen and table waste;
(k) live animals or birds;
(1) hay, straw,manure or night soil;
(m) any materials which have been frozen to a container and cannot
be removed therefrom by shaking;
(n) stock of any wholesaler or retailer;
(o) broken concrete, boulders, large rocks and patio/sidewalk
slabs;
(p) broken plaster, lumber or other waste resulting from the con-
struction,alteration,repair,demolition or removal of any build-
ing or structure except where such waste results from
alterations or repairs to a single-family dwelling performed by
the owner or occupant thereof,
(q) discarded trucks,automobiles and other vehicles,including the
bodies thereof,large motor vehicle parts and tires;
(r) grass clippings,tree trunks and stumps;
(s) compressed gas cylinders,gasoline tanks and sealed drums;and
(t) corrugated cardboard from industries and commercial estab-
lishments.
DECEMBER 1997 635.6 KITCHENER
Page 7
635.1.11 GARBAGE 635.1.13
By-law 87-237,28 September,1987;By-law 88-86,9 May,1988;By-law
88-192, 26 September, 1988; By-law 91-173, 29 April, 1991; By-law
93-57, 8 March, 1993.
635.1.11 Place of business- defined
"place of business"means any place,other than a household and industrial
plant,and includes any hotel,motel,restaurant,shop,store,shopping centre,
plaza,service station,commercial or industrial office,other commercial es-
tablishment, school, institution and public building. By-law 87-237, 28
September, 1987.
635.1.12 Recyclable refuse-defined
"recyclable refuse"means:
(a) newspaper;
(b) telephone books dated 1990 and thereafter;
(c) glass;
(d) cans(tin and aluminium);
(e) motor oil;
(f) corrugated cardboard from households, schools and public
buildings;and
(g) any other refuse which may be agreed upon by the contractor
and the City.
(h) leaves during the autumn leaf collection program at such times
as are prescribed by the Engineer. By-law 91-173, 29 April,
1991. By-law 97-158, 14 October, 1997.
635.1.13 Street-defined
"street" means any highway, road, lane, alley, right-of-way, boulevard,
square,place,thoroughfare or way dedicated to and assumed by the City as a
public highway and shall also include any private service area for a commer-
cial establishment.By-law 87-237,28 September, 1987;By-law 91-173,29
April, 1991.
KITCHENER 635.7 DECEMBER 1997
Page 8
635.2.1 GARBAGE 635.3.2
Article 2
CONTRACTOR RESPONSIBILITY
635.2.1 Collectable refuse-only
The contractor shall be responsible for the collection,removal and disposal
of collectable refuse in accordance with the terms of its contract with the City
and in accordance with the provisions of this Chapter.Neither the contractor
nor the City shall be responsible for the collection,removal and disposal of
non-collectable refuse.By-law 87-237,28 September, 1987.
635.2.2 Exception-townhouses-apartments-over 6 units
Notwithstanding any other provisions of this Chapter,the contractor and the
City shall not be responsible for the collection and removal of collectable re-
fuse and household rubbish from any household situate in a townhouse,
apartment or other multiple dwelling,having more than six(6)units,except
for a townhouse in which all units front upon and have access to a public
street and which do not share common open space or other such amenities.
635.2.3 Exception-agreement- registered-on lands
Notwithstanding any other provisions of this Chapter,the contractor and the
City shall not be responsible for the collection and removal of collectable re-
fuse and household rubbish from any household or place of business situate
on land upon the title of which there is registered an agreement with the City
containing provisions respecting the collection and removal of garbage,col-
lectable refuse or household rubbish.
635.2.4 Exception- businesses-gross floor area- maximum
Notwithstanding any other provisions of this Chapter,the contractor and the
City shall not be responsible for the collection and removal of collectable re-
fuse and household rubbish from any place of business having a gross floor
area greater than 2,500 square feet.By-law 91-173,29 April, 1991.
Article 3
PREPARATION OF COLLECTABLE REFUSE AND
HOUSEHOLD RUBBISH BY GENERATORS
635.3.1 Prescribed containers-provide-maintain
Every generator shall provide and maintain,in good repair and sanitary con-
dition, a sufficient number of prescribed containers.
635.3.2 Prescribed container-pick-up from- exemption
The contractor shall not collect any collectable refuse from a generator,save
for the exceptions hereinafter set out in this Article,unless it is found in a pre-
scribed container as set out in Sections 63 5.3.3 to 63 5.3.6 inclusive.By-law
87-237,28 September 1987.
DECEMBER 1997 635.8 KITCHENER
Page 9
635.3.3 GARBAGE 635.3.6
635.3.3 Collectable refuse-all-except recycled
For all collectable refuse(except that which is to be recycled);
(a) a returnable receptacle,manufactured for thepurpose of storing
garbage or refuse, constructed of materials which have an
equivalent durability to No.28 Gauge metal and having a height
not exceeding 0.66040 m(26 inches),a diameter not exceeding
0.4572 m(18 inches),a weight,including contents,not exceed-
ing 27.216 kg(60 lbs), a water-tight lid and two handles;
(b) a non-returnable plastic bag,securely tied,weighing,including
contents,not more than 22.68 kg(50 lbs.),and having a capabil-
ity of lifting and carrying the contents without tearing;
(c) a bulk container which means a returnable receptacle,owned by
the City or the contractor,constructed of metal and to such spec-
ifications to permit the emptying thereof by forklift packer
trucks and used to store collectable refuse in bulk at places of
business, churches and households other than single-family,
semi-detached and duplex dwellings;and
(d) a rani-container,a litter basket and an open bulk drum,owned
by the City and located on City premises. By-law 87-237, 28
September, 1987; By-law 88-126, 18 July, 1988; By-law
91-173,29 April, 1991.
635.3.4 Collectable refuse-ashes
A returnable metal container or pail,having a handle and a capacity not ex-
ceeding 3 6.3 68 litres(8 gallons),in addition to the containers set out in Sec-
tion 635.3.3 above.
635.3.5 Collectable refuse-other than garbage and ashes
A returnable wooden bushel basket with two handles,in addition to the con-
tainers set out in Section 635.3.3 and 635.3.4 above.By-law 87-237,28 Sep-
tember, 1987.
635.3.6 Recyclable refuse
(a) a returnable,separate container,approved by the City and sup-
plied to the generator by the contractor, for recyclable refuse,
consisting of newspaper,glass or cans;
(b) a non-returnable,non-breakable container,securely capped,for
recyclable refuse,consisting of motor oil;
(c) corrugated cardboard, knocked flat, compacted and tied se-
curely with rope or twine in bundles having dimensions not ex-
ceeding 75 cm (30 inches) x 75 cm (30 inches) x 20 cm (8
inches).
KITCHENER 635.9 DECEMBER 1997
Page 10
635.3.7 GARBAGE 635.3.14
(d) non-returnable, 2-ply premium kraft paper bag specifically
manufactured for leaves or yard waste, weighing, including
contents,not more that 22.68 kg(50 pounds),and having a ca-
pability lifting and carrying the contents without tearing.
By-law 87-237,28 September, 1987;By-law 91-173,29 April,
1991. By-law 97-158, 14 October, 1997.
635.3.7 Liquids-to be drained
Garbage shall be drained of all liquids.
635.3.8 Ashes- separated-cold
Ashes shall be deposited separate and apart from all other collectable refuse
in a prescribed container and shall be cold when placed therein.
635.3.9 Newspaper-magazines-other paper
Newspapers,magazines and other paper in sheet form may be placed in a
prescribed container or shall be tied securely with rope or twine in bundles
having a weight not exceeding 27.216 kg(60 lbs).
635.3.10 Brush-tree-garden cuttings
Brush and tree and garden cuttings may be placed in a prescribed container
or shall be compacted and tied securely with rope or twine in bundles having
a weight not exceeding 27.216 kg (60 lbs) and no dimensions exceeding
0.9144 in(3 feet).
635.3.11 Cardboard cartons-crates-other packaging
Cardboard cartons,crates and other packaging shall be knocked flat,com-
pacted and tied securely with rope or twine in bundles having a weight not
exceeding 27.216 kg(60 lbs)and no dimension exceeding 0.9144 m(3 feet).
635.3.12 Household rubbish-no container required
No container is required for household rubbish.By-law 87-237,28 Septem-
ber, 1987.
635.3.13 Common area-facility- more than 3 units
Owners, occupants and persons in charge of dwellings housing more than
three units shall provide a common area,facility and containers to store all
garbage generated between collection days.By-law 91-173,29 April,1991.
635.3.14 Leaves-autumn collection-requirements
Leaves set out for collection during the autumn leaf collection program shall
be placed in the prescribed paperbag container or may beplaced loose on the
street as close as possible to the curb or edge of the street and without ob-
structing traffic on the street or any sidewalk.During the autumn program,
leaves set out for collection in any container other than the prescribed paper
bag container will not be picked up by the contractor. By-law 97-158, 14
October, 1997.
DECEMBER 1997 635.10 KITCHENER
Page 11
635.4.1 GARBAGE 635.5.3
Article 4
PLACING OF COLLECTABLE REFUSE BY
GENERATORS FOR COLLECTION
635.4.1 One location-close to travelled portion
Containers,bundles and household rubbish,set out for collection, shall be
placed at one location as close as possible to the street curb or travelled por-
tion of the street without obstructing the street or sidewalk and in any case,
the Engineer shall have the power to designate the precise point at which
containers,bundles and household rubbish shall be placed for collection.
635.4.2 Vehicles-no entry-upon private property-exception
Except by order of the Engineer,no vehicle shall enter a privately owned
driveway,roadway,or lane,save for a private service area for a commercial
establishment, for the purpose of collecting or removing collectable refuse
or household rubbish from privately owned property.
635.4.3 Containers-planning- not on sidewalk
Containers,bundles and household rubbish shall notbeplaced on a sidewalk
without permission of the Engineer.
Article 5
COLLECTION-AGREEMENT- TIMES FOR
635.5.1 Time-for collections
Containers,bundles and household rubbish shall only be set out for collec-
tion on such days and during such hours as are prescribed in the Agreement
between the City and the contractor or by the Engineer.
635.5.2 Day collection.
No container,bundle or household rubbish shall be placed out for day col-
lection before 7 o'clock p.m.,local time,on the day prior to the day ofcollec-
tion and all containers shall be removed and returned to private property by
the generator before 7 o'clock p.m.,local time,on the day of collection.
635.5.3 Early morning-collection
No container, bundle or household rubbish shall be placed out for early
morning collection before 5 o'clock p.m.,local time,on the day prior to early
morning collection and all containers shall be removed and returned to pri-
vate property by the generator before 10 o'clock a.m.,local time,on the day
of early morning collection.By-law 87-237,28 September, 1987.
KITCHENER 635.11 DECEMBER 1997
Page 12
635.5.4 GARBAGE 635.7.2
635.5.4 Leaves- autumn collection-placement
No leaves shall be placed out for collection at the street during the autumn
leaf collection program as set out in Section 635.3.14 until,and only on,the
day prior to any such week as the street is scheduled for leaf collection by the
Engineer.By-law 97-158, 14 October, 1997.
Article 6
COLLECTABLE REFUSE AND HOUSEHOLD
RUBBISH-AMOUNT
635.6.1 Household-unlimited
The number of containers and bundles of collectable refuse put out for col-
lection from any household is unlimited.
635.6.2 Church-business- 10 only
The number of containers and bundles of collectable refuse placed for col-
lection from any church or place of business, save for a hospital or public
building,shall not exceed ten for each collection.
635.6.3 Unlimited
The amount of household rubbish placed for collection is unlimited.
Article 7
GENERAL NUISANCE
635.7.1 Deposit-accumulation-hazard to health
No person shall deposit, accumulate or permit to be deposited or accumu-
lated within the City upon any premises owned by him/her, occupied by
him/her or under his/her charge or control,any garbage,animal or vegetable
matter,offal or any other matter or thing which may be injurious to or a haz-
ard to health.By-law 87-237,28 September, 1987.
635.7.2 Deposit-on street-in watercourse
No person shall sweep,throw,lay or deposit or permit any person to sweep,
throw,lay or deposit any floor sweepings,dirt,lawn rakings,paper,hand-
bills,ashes,offal,garbage,collectable refuse,non-collectable refuse and any
other refuse or rubbish of any kind whatsoever in or on any street,creek or
watercourse within the City. Despite this Section, loose leaves may be
placed on the street as close as possible to the curb or edge of the street and
without obstructing traffic on the street or any sidewalk only on the day prior
to any such week as the street is scheduled for leaf collection by the Engineer
under the autumn leaf collection program. By-law 87-237, 28 September,
1987; By-law 97-158, 14 October, 1997; By-law 2001-18, 29 January,
2001.
DECEMBER 1997 635.12 KITCHENER
Page 13
635.7.3 GARBAGE 635.11.1
635.7.3 Interference with- removal
No person shall pick over,interfere with,disturb,remove or scatter any con-
tainer or bundle after the same has been put out for collection,provided how-
ever that the generator shall be permitted access to any container or bundle
placed by the generator for collection for the purposes of depositing addi-
tional collectable refuse therein.
Article 8
DISPOSAL-NON-COLLECTABLE REFUSE
635.8.1 Responsibility-of generator
It is the responsibility of the generator to remove and dispose of non-collect-
able refuse and any other refuse which does not fall within the meaning of
collectable refuse,only some of which may be acceptable at the landfill site
of the Regional Municipality of Waterloo in accordance with its By-law.
Article 9
TRANSPORTING WASTE MATERIAL AND REFUSE
635.9.1 Covered containers-required
No person shall haul,convey or transport through or upon any street within
the City Limits any ashes,garbage,rubbish or other refuse,whether collect-
able or non-collectable,except in properly covered containers or vehicles to-
tally enclosed or covered with canvas or tarpaulins,so fastened down around
the edges as to prevent any of the contents falling upon the street,to protect
the same from flies and to prevent the escape of any offensive odours
therefrom.
Article 10
COLLECTORS -NOT TO ENTER PREMISES
635.10.1 Entry-by collector-prohibited
No collector shall be required to enter any household or place of business or
to ascend or descend any stairway or to enter any elevator,hoist or loading
platform for the purpose of collecting or removing any collectable refuse.
Article 11
ENFORCEMENT
635.11.1 Engineer-Regional Medical Officer of Health
It shall be the duty of the Engineer and/or the Regional Medical Officer of
Health to administer and enforce the provisions of this Chapter. By-law
87-237,28 September, 1987.
KITCHENER 635.13 JULY 2001
Page 14
635.11.2 GARBAGE
635.11.2 Fine-for contravention
Every person who contravenes any provision of this Chapter is guilty of an
offence and is liable,upon conviction,to a fine not exceeding Five Thousand
Dollars($5,000),exclusive of costs,for each offence,recoverable under the
Provincial Offences Act. By-law 87-237, 28 September, 1987; By-law
91-173,29 April, 1991.
JULY 2001 635.14 KITCHENER