BY-LAW CA BY-LAW ON CLEANLINESS

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1 PROVINCE DE QUÉBEC VILLE DE MONTREAL ARRONDISSEMENT DE PIERREFONDS-ROXBORO BY-LAW CA BY-LAW ON CLEANLINESS At the Borough of Pierrefonds-Roxboro regular council sitting held in the borough hall situated at 13665, boulevard de Pierrefonds, in the said borough, on November 3, 2008, at 8 p.m., in conformity with the Cities and Towns Act (L.R.Q., Chapter C-19), at which were present: Mayor of the Borough Mrs. Monique Worth Councillors Mrs. Catherine Clément-Talbot Mr. Christian G. Dubois Mr. Roger Trottier Mr. Bertrand A. Ward all members of the Council and forming a quorum under the chairmanship of the Mayor of the Borough, Mrs. Monique Worth. Were also present, Mr. Jacques Chan, Director of the Borough, and M e Suzanne Corbeil, Secretary of the Borough. BY VIRTUE OF Section 59 of the Act respecting municipal powers (R.S.Q., chapter C-47.1); BY VIRTUE OF Section of the Charter of Ville de Montréal (R.S.Q., chapter C-11.4); BY VIRTUE OF Sections 80 and of Annex C of the Charter of Ville de Montréal (R.S.Q., chapter C-11.4); THE BOROUGH COUNCIL ENACTS THE FOLLOWING: CHAPITRE I DÉFINITIONS 1. In the present by-law the following words mean : advertising article : a folder, a circular, a booklet, a leaflet, a flyer or any advertising item similar designed for advertising or publicizing purposes; director : the Director of Urban Planning and Business Services Department; "public property": streets, lanes, public squares and places, including sidewalks, medians, off-street bike paths and the right of way beyond a public thoroughfare, bodies of water and watercourses, parks and public gardens; 1

2 "right of way beyond a public thoroughfare": the part of a public thoroughfare between the edge of a roadway or the sidewalk and the line of bordering properties; dirty or harmful matter : a waste, a container made of glass, metal, plastic or paperboard, a packaging, a paper, an old material, a scrap, a motor vehicle whose at least one part essential to its autonomous starting is absent, or any part of such a vehicle, a tire, an apparatus out of use, scrap, the undergrowth, the rubbish, residues of pruning, a syringe, a needle, a bandage, a dead animal, vermin or insects as well as any unhealthy, dangerous matter or not compliant with public health. "street furniture": any thing of utility or ornamentation installed by the City or by a third party for the purpose of the city or any public purpose, particularly bus shelters, trees, shrubs, benches, bollards, benchmarks, speed humps, cables, valve chambers, fences, conduits, fountains, grates, lampposts, monuments, walls, low walls, street signs, parking meters, poles, garbage containers, catch basins, manholes, containers for recycling materials, street lights, pipes, and vaults. CHAPITRE II PRIVATE PROPERTIES AND PUBLIC PROPERTY SECTION I CLEANLINESS OF PRIVATE PROPERTIES 2. It is prohibited to throw, put out or burry any dirty or harmful matter on a private property. 3. The owner or the occupant of a building must maintain the private property on which their building is located, the establishment or the housing which they occupy, as the case may be, in order that: 1º it is, at all times, free of any dirty or harmful matter; 2º the grass growing onto, as the case may be, does not exceed a height of 30 cm except in the case of herbs cultivated in a garden to be collected as well as sown or planted herbaceous or ornamental plants ; 3 it is levelled in order to avoid any accumulation of water. Despite the first paragraph, the council may, by ordinance, foresee in the case of a vacant lot, that the obligation provided for in subsection 2 applies only to the circumference of such a lot, on a stretch of land of a width determined by this ordinance. 4. Where the owner does not comply with article 3, the Director may, in a written notice, order him to comply with it within a delay of not less than 24 hours but not more than 30 days, as indicated on the notice. Where the owner does not comply with the order provided for in the first paragraph within the fixed delay, the City may proceed with the removal of the dirty or harmful matters, the cutting of grass or the levelling of the land at the owner s expense. 2

3 Those fees paid by the City in complicance with the second paragraph constitute a prior claim on the immovable on which works were carried out, in the same way and with the same rank as the claims referred to subsection 5 of article 2651 of the Civil Code of Québec, those fees are also guaranteed by a legal hypothec on the immovable. 5. The owner of a parking lot must, in addition to complying with article 3, place on the lot at least one garbage container, firmly fixed, which he must empty as often as necessary to avoid the scattering of the contents. 6. The owner of a building where there is a business place selling food, beverages, candies, sandwiches or other similar things, wrapped or served in paper, cardboard or other containers, for consumption on the premises or outside his establishment must, in addition to complying with article 3, place on the land adjacent to this establishment at least one garbage can, firmly fixed, which he must empty as often as necessary to avoid the scattering of the contents. 7. The owner of a building must install at least one ashtray by group of two doors or by a single door, which he must empty to avoid spilling out, when this door is located in front yard and allows to get inside his building, to : 1 an alcohol drinking establishment; 2 a restaurant; 3 any non-residential use when the building has more than four storeys; 4 any other use or building determined by an ordinance. The by-law CA on the occupancy of public property does not apply to an ashtray required by the present article. 8. An exterior ashtray falling under article 7 must: 1 be firmly fixed to the exterior wall of the building at a maximum of 9 m from any door which it serves; 2 be manufactured with fireproof materials, which cannot corrode; 3 comply with any other standard fixed by ordinance. 9. An ashtray falling under article 7 does not have to be provided for a door or a group of two doors when one of the following conditions is met: 1 the condition of the site would oblige that it occupies an adjoining property; 2 a panel of a dimension varying from 120 cm ² to 620 cm ² prohibiting to smoke outside and near a door of an establishment falling under article 7, is installed outside or to be mainly visible from the outside, at a maximum of 1 meter from the door or from a group of two doors. This panel must be maintained in good condition so that it is readable at all times; 3 the Tobbaco Act (R.S.Q., chapter T-0.01) prohibits smoking at the place where the ashtray would have to be installed. 3

4 SECTION II CLEANLINESS AND PROTECTION OF PUBLIC PROPERTY 10. It is prohibited to dirty pavements. 11. It is prohibited to spread a liquid on public property except to wash a property or a motor vehicle or if necessary in order to enforce a by-law or a law. 12. Its is prohibited to leave or allow to leave a property in a vehicle, which drops on the public property, mud, sand, soil, stones or any other materials. 13. Its is prohibited to throw, put out or leave on the ground of public property: 1º garbage, trash, ashes, debris from materials, pruning waste or other rubbish; 2º materials, soil, snow or other similar matters; 3º circulars, wrappings or other similar papers or cardboards; 4º syringes, needles, bandages, drugs, drug containers; 5º merchandise or other goods or effects. 14. Without limiting the generality of article 13, it is prohibited: 1º to spread or scatter the contents of bags, boxes, garbage containers or other containers, to undo packages, bundles or tied boxes put out on public property for collection; 2º to throw, spread or put out on public property dead leaves from a private lot. 15. It is prohibited to place papers on a motor vehicle parked on public property unless it is a statement of offence. 16. It is prohibited to leave on public property a motor vehicle lacking at least an essential part to run properly or any other part of such a vehicle. 17. It is prohibited to damage or destroy pavements, street curbs, lawns or flower beds of public property, in particular by removing paving blocks or part of ground coverings. 18. The owner, the occupant of an immovable or a dwelling must maintain the public property adjacent to their property, establishment or dwelling, which they occupy, on the front, up to the street, on the back, up to the axis of the lane and on the side, in the case of a corner building, up to the street or up to the axis of the lane, as the case may be, in order that: 4

5 1º it is, at all times, free of any obstruction; 2º it is, at all times, free of any dirty or harmful matter; 3º the grass growing onto, as the case may be, does not exceed a height of 30 cm except in the case of sown or planted herbaceous or ornamental plants. The subsection 1º of the first paragraph does not apply to obstructions resulting from the deposit of bulky objects for the City to collect them, if this deposit is made in accordance with the applicable regulation. For the purposes of the present article, the definition of «public property» is excluding bodies of water and watercourses. 19. Where the owner does not comply with article 18, the Director may, in a written notice, order him to comply with it within a delay of not less than 24 hours but not more than 30 days, as indicated on the notice. Where the owner does not comply with the order provided for in the first paragraph within the fixed delay, the City may proceed with the removal of obstructions, dirty or harmful substances or the cutting of grass, at the owner s expense. Those fees paid by the City in compliance with the second paragraph. constitute a prior claim on the immovable on which works were carried out, in the same way and with the same rank as the claims referred to subsection 5 of article 2651 of the Civil Code of Québec; those fees are also guaranteed by a legal hypothec on the immovable. 20. Every owner of a building must: 1º remove snow and ice on the roof of the building, on the top of marquees and other projecting constructions before they pile; 2º remove icicles under balconies, galleries, cornices, marquees and other projecting constructions, under gutters, exterior cables and other similar items attached to a building and above ground, as soon as they are formed. 21. Where the owner does not comply with article 20, the Director may, in a written notice, order him to comply with it within a delay of not less than 24 hours but not more than 72 hours, as indicated on the notice. Where the owner does not comply with the order or where there is imminent danger, the Director may remove the snow, ice or icicles at the owner s expense. Those fees constitute a prior claim on the immovable on which works were carried out by the Director, in the same way and with the same rank as the claims referred to subsection 5 of article 2651 of the Civil Code of Québec; those fees are also guaranteed by a legal hypothec on the immovable. 22. It is prohibited to throw or dump a matter falling under article 13 in a lake, a pound or any other body of water located on public property. 5

6 23. It is prohibited to fish, bathe or swim or let an animal bathe or swim in a lake, a pound or any other body of water located on public property unless signs formally authorize it. 24. It is prohibited to raise or lower the roadway or sidewalk level or alter their condition in any way. SECTION III CLEANLINESS AND PROTECTION OF STREET FURNITURE 25. It is prohibited to move street furniture or use it for a purpose other than the one it is intended for. 26. It is prohibited to damage street furniture or alter it in any way. 27. Without limiting the generality of articles 25 and 26, it is prohibited to: 1 climb trees, poles, street lamps, monuments, fences, low walls, benches, fire hydrants, and other structures; 2 tamper with the street lighting; 3 damage or destroy trees, shrubs, flowers or other plants; 4 tie a bicycle or an animal to a tree; 5 stick, nail or staple anything onto street furniture; 6 throw anything in a fountain, bathe or swim in it or let an animal bathe or swim in it. The subsection 5 of the first paragraph does not apply in the case of a notice or a sign falling under zoning by-law number 1047, article 125.1, and subsection It is prohibited to trim, prune or fell a tree or a shrub on public property. CHAPITRE III DISTRIBUTION OF ADVERTISING ARTICLES 29. The council may, by ordinance, subject the distribution of advertising articles to obtaining a permit. Where applicable, whoever carries out the distribution of advertising articles must hold the necessary permit. 30. Subject to article 29, it is prohibited to deposit or have advertising articles deposited on private property, except: 1º in a mailbox or a letter slot; 2º in a container designed for that purpose; 3º on a newspaper rack or by hanging them on this one; 6

7 4º by hanging them on the handle of an external door giving access to only one housing, when there are on this property none of the objects described in subsections 1 to 3; 5º in the hall of a building, when the access is authorized, on a rack or in a container designed for this purpose, providing that it is not blocking nor encumbering the way of exit. If advertising articles are introduced into a letter slot, the flap of this slot must be completely lowered after the deposit. 31. Whoever carries out the distribution of advertising articles must use the walkways, sidewalks or alleys leading to the buildings. 32. It is prohibited to deposit or make deposit an advertising article on a private property if the owner or the occupant indicates by means of a poster in conformity with Appendix A that he refuses to receive it. CHAPITRE IV ORDINANCES 33. The Borough Council may, by ordinance: 1º foresee that the obligations provided for in subsection 2 of article 3 apply only to the circumference of a vacant lot and determine the width of this circumference; 2 determine any use or type of building for the purpose of the enforcement of article 7 and establish the standards applicable to mandatory exterior ashtrays; 3 subject the distribution of advertising articles to obtaining a permit. CHAPITRE V PENAL PROVISIONS 34. Whoever contravenes the present by-law or any provision of an ordinance adopted in conformity with the present by-law is guilty of an offence and is liable: 1º in the case of an individual: a) for a first offence, to a fine of $100 to $1,000; b) for any subsequent offence, to a fine of $300 to $2,000; 2º in the case of a legal person: a) for a first offence, to a fine of $200 to $2,000; b) for any subsequent offence, to a fine of $600 to $4,000; 7

8 35. Despite article 34, whoever contravenes articles 12, 15, 17, 20, 25 or article 27, subsection 2 of the present by-law is guilty of an offence and is liable to: 1º in the case of an individual: a) for a first offence, to a fine of $250 to $1,000; b) for any subsequent offence, to a fine of $500 to $2,000; 2º in the case of a legal person: a) for a first offence, to a fine of $500 to $2,000; b) for any subsequent offence, to a fine of $1,000 to $4,000; 36. Despite article 34, whoever contravenes article 24, or article 27, subsection 3 or article 28 of the present by-law, is guilty of an offence and is liable to: 1º in the case of an individual: a) for a first offence, to a fine of $500 to $1,000; b) for any subsequent offence, to a fine of $1,000 to $2,000; 2º in the case of a legal person: a) for a first offence, to a fine of $1,000 to $2,000; b) for any subsequent offence, to a fine of $2,000 to $4,000. CHAPITRE VII PROVISIONS OF CONCORDANCE 37. The object of the present by-law is not restricting the enforcement of by-law number CA on the occupancy of public property. 38. By-law number CA of the Borough of Pierrefonds-Roxboro on cleanliness and protection of public property and street furniture and by-law number 1168 of the former Ville de Pierrefonds concerning the distribution of circulars are repealed. 8

9 APPENDIX A STICKER INDICATING THE REFUSAL OF THE OWNER OR THE OCCUPANT Of A PRIVATE PROPERTY TO RECEIVE ADVERTISING ARTICLES 1. The sticker indicating the refusal of the owner or the occupant of a private property to receive advertising articles must measure not less than 3.5 cm x 3.5 cm and not more than 6 cm x 6 cm and be in conformity with the figure below: _ 9