THE CORPORATION OF THE MUNICIPALITY OF SIOUX LOOKOUT
BY-LAW NO. 66-14
BEING A BY-LAW TO PROHIBIT LITTERING WITHIN SIOUX LOOKOUT
WHEREAS Section 127 of the Municipal Act, 2001, S.O. 2001 c. 25, as amended, provides that municipalities may pass by-laws to prohibit the placing of refuse on property without consent, and may define "refuse" for that purpose; and
WHEREAS the Council of The Corporation of the Municipality considers it appropriate to prohibit littering on property, whether public property or private property, in Sioux Lookout;
NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF SIOUX LOOKOUT ENACTS AS FOLLOWS:
1. Definitions
Wherever a word is used in this By-law with its first letter capitalized, the term is being used as it is defined in the lettered clauses in this Section 1. Where any word appears in ordinary case, its regularly applied meaning in the English language is intended.
(a) "By-law" means this By-law, as amended from time to time.
(b) "Deposit" when used as a verb means to place an article somewhere. The term includes:
i. sweep, brush or shovel; ii. throw, cast or toss; iii. place or lay; and iv. blow or otherwise move with air.
"Depositing" and "Deposited" have corresponding meanings.
(c) "Litter" when used as a verb means the act of Depositing Refuse on property without authority. "Littering" and "Littered" have corresponding meanings.
(d) "Municipality" means The Corporation of the Municipality of Sioux Lookout.
(e) "Officer" means any person duly appointed to enforce the provisions of this By-law. The term includes any member of the Ontario Provincial Police Service and any duly appointed Municipal law enforcement officer.
(f) "Refuse" means cast away articles, whether or not they have monetary value to anyone. The term includes all of the following, whether in whole or in part and whether broken or non-operable or not
i. debris, waste, rubbish, or trash; ii. paper, cardboard or boxboard; iii. cartons or containers of any material; iv. wrapping from food or other articles; v. the remains of cigarettes or cigars; vi. crockery or glass; vii. cans or other beverage containers; viii. lids from cans or other beverage containers; ix. paper, plastic or other types of bags; x. garden refuse or plant trimmings; xi. articles of any size or material; xii. construction material; xiii. dead tree branches, leaves or shrubs; xiv. cloth, including clothing and household articles; and xv. feces or fecal material. (g) "Sioux Lookout" means the geographic area under the jurisdiction of the Municipality.
2. Interpretation Rules:
(a) Wherever this By-law refers to a person or thing with reference to gender or the gender neutral, the intention is to read the By-law with the gender applicable to the circumstances.
(b) References to items in the plural include the singular, as applicable.
(c) The words "include", "includes", "including" or "included" are not to be read as limiting the phrases or descriptions that precede or follow them.
(d) The prohibition of any activity includes the actual doing of the activity, and also the causing, permitting or allowing that activity to be done by another person, or through inaction.
3. Severability:
If any section, clause or provision of this By-law is for any reason declared by a court or tribunal of competent jurisdiction to be invalid or unenforceable, the ruling shall not affect the validity of the By-law as a whole or any other part of the By law excepting the section, clause or provision that was the subject matter of the ru ling. It is the Municipality's intention that all the remaining sections, clauses and provisions of this By-law shall remain in full force and effect, notwithstanding that one or more provisions may have been declared to be invalid.
4. Littering Prohibited:
No person shall Litter within Sioux Lookout.
5. Offences and Penalties:
(a) Every person who contravenes Section 4 is guilty of an offence.
(b) Every person who interferes with an Officer in the lawful conduct of his duty in enforcing this By-law is guilty of an offence.
(c) Every person who is convicted of an offence under this By-law is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended.
6. Other Potential Liability:
In addition to the penalties imposed under Subsection 5(c), a person convicted of an offence under this By-law may also be held responsible civilly for the cost to the owner of the property upon which Littering took place to clean and clear that property of the Refuse.
7. Short Title:
This By-law may be referred to as the "Anti-Littering By-law".
8. Repeal:
Upon passage of this By-law, By-law No. 1796 is repealed. 9. Effective Date:
This By-law shall come into force and take effect upon approval by the Attorney General or his designate of the Set Fines established under this By-law.
READ A FIRST TIME THIS EIGHTEENTH DAY OF SEPTEMBER 2014. DennisG?~
re/mlm Aug 21114 OFFICE OF THE REGIONAL SENIOR JUSTICE CABINET DU JUGE PRINCIPAL REGIONAL ONTARIO COURT OF JUSTICE COUR DE JUSTICE DE L'ONTARIO NORTHWEST REG ION REGION DU NORD-OUEST
THUNDER BAY COURTHOUSE PALAIS DEJUSTICE 1 2 5 BRODIE STREET NORTH, G•• FLOOR 125, RUE BRODIE NORD. 6e ETAGE THUNDER BAY, ONTARIO P7C OA3 THUNDER BAY (ONTARIO) P7C 0A3
TELEPHONE/TELEPHONE (807) 626·7048 I ' FAX/TE LI~COPIEUR (807) 626-7091
Attention: Ms. Mary L. MacKenzie, Clerk
The Corporation of the Municipality of Sioux Lookout 1 35- 5 h Avenue, P. 0 . Box 158 Sioux Lookout, ON P8T 1A4
Dear Ms. MacKenzie:
RE: Set Fines, Corporation of the Municipality of Sioux Lookout Kenora District Part I Provincial Offences Act- Bylaw 66-14. Anti-Littering By-law
Enclosed herewith is the original Order with original schedule of set fines for By-Law Number 66-14, the Bylaw indicated in the schedules for the Corporation of the Municipality of Sioux Lookout, Kenora District, together with your certified copy of the By-law Number 66-14.
The setting of the fines does not constitute my approval of the short form of wording used to describe the offences.
A copy of the Order and the schedule of the set fines are being held in the Office of the Regional Senior Justice at Ontario Court of Justice in Thunder Bay.
Yours truly,
The Honourable Marc L. Bode Regional Senior Justice Northwest Region
MLB:mz En cis. cc: Ms. Kerry-Lee Thompson, Crown Law Office, Toronto Ms. Heather Kasprick, POA Supervisor, Thunder Bay OFFICE OF THE REGIONAL SENIOR JUSTI CE CABINET DU JUGE PRINCIPAL REGIONAL ONTARIO COURT OF JUSTICE ~ COUR DEJUSTICE DE L'ONTARIO NORTHWEST REGION REGION DU NORD-OUEST THUNDER BAY COURTHOUSE £114 PALAIS DE JUSTICE 125 BRODIE STREET NORTH, 6"' FLOOR 125, RUE BRODIE NORD, 6e ETAGE THU NDER BAY, ONTARIO P7C OA3 THUNDER BAY (ONTARIO) P7C OA3
TELEPHONE{fELEPHONE (807) 626-7048 FAX{fELECOPIEUR (807) 626-7091
Ms. Kerry Lee Th.OOlPson C~o~n Counye('"cro~n Law Office M1n1stry of e Attorney General g th Floo , 20 Bay Street Tor o, Ontario G 2K1
Dear Ms. Thompson:
RE: Set Fines, Corporation of the Municipality of Sioux Lookout Kenora District Part I Provincial Offences Act- Bylaw 66-14, Anti-Littering By-law
I have enclosed the following for your information:
1. Copies of signed Order and accompanying schedule of set fines for Bylaw 66- 14, Anti-Littering By-law.
2. Copy of letter to Mary L. MacKenzie, Clerk, Municipality of Sioux Lookout
Please note that a copy of the Order and the schedule of the set fines are being held in the Office of the Regional Senior Justice at Ontario Court of Justice in Thunder Bay. The original Order and schedule of set fines have been forwarded to the Corporation of the Municipality of Sioux Lookout, Kenora Distric~.
Yours truly, ~_,~~ The Honourable Marc L. Bode Regional Senior Justice Northwest Region
MLB:mz En cis cc: ~ary L. MacKenzie, Clerk, Municipality of Sioux Lookout Heather Kasprick, POA Manager, City of Kenora PROVINCIAL OFFENCES ACT
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 the offences in the attached schedules of offences under the Provincial Statutes and Regulations thereunder and By- law No. 66-14, Part I, of the Corporation of the Municipality of Sioux Lookout, Kenora
1 District, attached hereto are the set fines for these offences, to take effect May 25 h, 2015.
Dated at Thunder Bay this 25th day ofMay, 2015.
The Honourable Marc L. Bode Regional Senior Justice Northwest Region SET FINE SCHEDULE
THE CORPORATION OF THE MUNICIPALITY OF SIOUX LOOKOUT
PART I OF THE PROVINCIAL OFFENCES ACT
PURSUANT TO
BY-LAW NO. 66-14, ANTI-LITTERING BY-LAW
Column 2- Item Column 3 - Set Column 1 -Short Form Wording Provision Creating No. Fine or Defining Offence
1 Littering 4 $150.00
Interfering with a Municipal Law Enforcement 2 5 (b) $150.00 Officer
Note: The penalty provision for the offences indicated above is Section 5 (c) of By-law No. 66-14, a certified copy of which has been filed.