DISTRICT OF STEWART BY-LAW NO. 588-1993 I P' 'I A By-law relating to, System of the District of Stewart. the Municipal Garbage Collection WHEREAS by Section 614 of the Municipal Act of the Province of British Columbia Council may fix the price thereof, a method of collecting rates thereof, and the penalties for violating thereof, in respect of such works. NOW THEREFORE the Council of the District of Stewart in open meeting assembled r.: enacts as follows: Interpretation (1) Whenever the words following pccur in this By-law they. shall be construed in the manner hereinafter mentioned: (a) The word "Municipality" shall mean the District of Stewart. (b) (c) The word "Person" shall mean and include natural persons of either sex, associations, co-partnerships and corporations, whether acting by themselves or by a servant, agent or employee. The word "Dwelling" shall mean any building or place occupied or used as a dwelling, place of abode, or place of living by one tenant, but does not mean or include any building where there is a store, apart ment house, hotel, tenement house, rooming house, boarding house, cabins, motels, trailer courts, or terrace of houses under the same roof, or a building in which more than one family lives, abides or (d) dwells. The word "Householder" shall mean any person occupying any dwelling, habitation, or place or residence in the Municipality; but shall not include any person who is merely a boarder, roomer, or lodger therein. (e) The words "Apartment House" shall mean a building which is,'or is tion or place of intended to be occupied as a habita residence by more than one tenant
~ - 2 - living independently of each other upon the same premises in the said building and having a common entrance to two or more suites, or any business block which is, or is intended to be, occupied by more than one tenant, and shall also include hotel, tene ment house, lodging house, rooming house, boarding house, row of cabins, motels, trailer courts, terrace of houses, and any habitation or place of residence where more than one tenant lives, abides, dwells or carries on any business. (f) The words "Trade Premises" shall mean any warehouse, factory, shop, cafe, restaurant, eating house, club, drive-in lunch counter, wholesale or retail business place, or office block, and any building other than a dwelling or apartment house as above defined. (g) The word "Garbage" shall mean and include any and all rejected, abandoned or discarded waste, or vegetable or animal food, floor sweepings, crockery, glass or metal ware having contained food; but does not include grass, trees, hedge clippings or other garden refuse or rubbish. (h) The word "Rubbish" shall mean and include ashes, cinders and the remains of any fuel after such fuel has been consumed by fire, and metal, tins, bottles, crockery and glass not having contained food and general rubbish or an accumulation of waste or dis carded materials or things of any kind or nature other than garbage as hereinbefore defined. (i) The words "Trade Waste" shall mean refuse and accumu lation of waste and abandoned materials resulting from the operation of a trade or business, including paper, boxes and packing cases, wrapping materials, sweepings, and all inflammable materials of a like
r - 3 nature other than garbage and ashes, (j) The words "Owner of an Apartment House" as herein before described shall mean and include the agent, heir, executor or administrator, of such owner, or the lessee or occupier of the premises, (k) Wherever the singular or masculine is used in this By-law the same shall be deemed to include the plural or the feminine or the body politic or corporate, be provided and maintained by Owner or Tenant and also their respective heirs, executors, adminis trators, successors and assigns. (2) It shall be lawful for the Municipality to inaugurate, equip, maintain and operate a system of "Garbage Collection" within the Municipality under the control and direction of the Public Works Superintendent. Except as in this By-law, all persons within the Municipality shall make use of system established and provided by the Municipality for the collection, removal and disposal of garbage, rubbish, trade waste and other noxious, offensive, unwholesome and dis carded matter. Receptacles to (3) Every Householder, Owner of an Apartment House, or any person who occupies any trade and office premises, the dwelling multiple dwelling, apartment house, and trade and office premises, where garbage, rubbish or trade waste is dis posed of from any such premises, occupied or. owned by him, shall provide and maintain in good order and repair, galv anized iron or plastic receptacles, circular in design, pro vided with a good sufficient water tight cover and a turned down outer rim which firmly engages the outside upper edge of the receptacle. The maximum size of the receptacles shall not be greater than 34 inches in diameter at the top, and tapered to a lesser diameter at the bottom with an overall height of not more than 24 inches, sufficient in number at all times to contain all garbage, trade waste and rubbish.
r - 4 - Extra rubbish (4) If any rubbish is of such a nature as not to admit of its or garbage being placed in such receptacles, then such rubbish shall be deposited in a careful manner convenient for handling a t the place where the receptacles for garbage, trade wa ste and rubbish are usually placed. Ashes shall be kept separate from other waste or garbage materials. Authority when (5) All receptacles used as containers for garbage, rubbish Receptacles not in good repair or trade waste, and any separate shed or housing used as a cover for such containers, shall at all times be kept in a good and clean condition and accessible for inspection at all reasonable hours, and when any receptacle has been condemned by the Public Works Superintendent, Medical Health Officer, or some person authorized by either of them, as unfit for the purpose, such receptacle shall be removed along with the garbage, rubbish or trade waste and such householder, owner or occupier of the premises, shall forthwith provide a suitable and sanitary receptacle in its place. Receptacles to (6) Every householder, owner, and occupant of premises within be used the Municipality shall deposit all garbage, rubbish and trade waste in the receptacles hereinbefore required to be provided for same. (7) Such receptacles shall at all times be kept on the property of such dwelling, multiple dwelling, apartment house, busi ness office unit or trade premises, and shall at no time be kept or put or encroach upon or project over any street, lane or public place. Receptacles to (8) No liquids or free water shall be put or placed in or be water-tight allowed to run into or accumulate in any receptacle for garbage, rubbish or trade waste, and all such receptacles shall at all tight covers. times be kept securely covered with water (9) No person shall place or mix with any material for re moval as garbage, rubbish or trade waste any explosive
~ - 5 - matter. Wet garbage or kitchen waste shall be wrapped in paper before being deposited in receptacle. Any nox ious, offensive, or unwholesome matter or substance (not hereinbefore mentioned) upon any private premises shall be immediately removed to the Municipal Garbage Dump by the owner or occupant of such premises, (10) Any regulations herein concerning physical facilities for receptacles notwithstanding, all such facilities such as stands, sheds or other structures which are used for receptacles shall meet with the approval of the Public Works Superintendent. Separate Housing for Receptacles (11) In case such receptacles are enclosed in any separate shed or housing, then such shed or housing, if there be a lane, shall be built flush with the land and have doors opening outward upon the lane, may be emptied from the lane, whereby such receptacles and containing a lift door or some other suitable method on the opposite side of such shed or housing through which garbage, rubbish or trade waste may be deposited in such receptacles. Outhouse requirements (12) In case there is no such lane and where such receptacles are enclosed in a separate shed or housing as aforesaid then such shed or housing shall contain doors opening from side thereof, whereby the receptacles may be conven iently emptied, and a lift door at the top or some other suitable method through which garbage or rubbish may be deposited in such receptacles. Clear passage way to Receptacles (13) A passageway and ready means of access to such receptacles shall at all times be provided from the street, and such passageway and means of access shall be unobstructed and of sufficient size and kind to enable any employee of the Municipality to carry any such receptacle through the same to the street. Large sized Receptacles (14) Notwithstanding anything hereinbefore set out in the case of all buildings, other than dwellings as hereinbefore
- 6 - described, the garbage, rubbish or trade waste of or from which shall amount to more than five (5) cubic feet per week, the receptacle or receptacles for such garbage, rubbish or trade waste may be of such other shape, nature, capacity and design as the Public Works Superintendent may approve and shall be placed and located in such places as the Public Works Superintendent shall, on application being made in writing to him, approve and designate; otherwise all the provisions of this By-law shall apply to the case of any such buildings. (15) Every owner or occupier within the Municipality may be compelled to make use of any disposal system established by the Municipality, and shall pay for the collection of garbage, rubbish and trade waste from premises as herein provided and for the use of the dump facilities as may be made available by the Municipality from time to time. Premises (16) F r ^ PUrp Se f collection, removal, and disposal of garbage, rubbish, trade waste and other noxious, offensive, unwholesome and discarded matter and ascertaining whether the provisions of this By-law are observed, authorized garbage collectors and officials employed by the Munici pality shall have the right to enter upon any property in the Municipality between the hours of 8:00 A. M. and 5:00 P. M. (17) The Municipality reserves the right to control the type and nature of garbage, rubbish and trade waste which is dumped at the Municipal disposal site. Opera'Sn (18) N P6rSOn»"&»* out Gilding construction or demolition within the Municipality shall: (a) Place or dump the waste accumulating from such con struction or operations on any lane, street, walkway, sidewalk or any public place, or
- 7 - (b) Accumulate such waste on the land or about the pre mises where such construction or operation is being carried out without disposing of the waste within such time as the Superintendent of Public Works, by written notice may deem reasonable. Littering (19) No person shall throw, sweep or place rubbish, garbage, trade waste and other noxious, offensive, unwholesome or discarded matter onto any land, street, walkway, sidewalk or any public place in the Municipality. No person shall throw, sweep or place rubbish, garbage, trade waste and other noxious, offensive, unwholesome or discarded matter from any walkway or building into a street or gutter. Garbage Collec- (20) For the collection of garbage, rubbish and trade waste tion Rates from premises as hereinbefore provided, the rates set forth on Schedule "A" attached herewith are hereby imposed and levied by the District of Stewart and are made payable to the District of Stewart at the Collector's Office by the parties liable under this By-law for the removal of such garbage, rubbish or trade waste. Quantities and (21) The decision of the Superintendent of Public Works or his Classes authorized representative shall be conclusive with respect to the quantities and classes of garbage and other matter collected from any premises by the Municipality. Vacancy/Occupancy Allowance (22) The District is a specified garbage district, therefore the owners of premises, whether occupied or vacant, shall be responsible for the payment of all garbage rates once occupancy was declared, whether the garbage service is actually used or not, except in the case of Section 23 disconnection fees* (23)Any property owner who desires a discontinuation of service must give the District Office seven (7) days notice in writing, shall at the same time, pay a fee of $250.00 (Two Hundred Fifty Dollars) for a water disconnection service. The discontinuation of service eliminates fees as stated in Section 22 of this by-law.
*' ^ Collection of (24) All monthly rates in effect as of January 1st, 1993 shall Fees be due and payable annually and be billed annually. All rates outstanding on December 31st of any year shall be transferred to the relating property tax account as taxes in arrears, attracting the appropriate rate of interest thereafter. A prompt payment discount of 10% shall be allowed if pay ment is made on or before the 15th of June of each year. A late payrrent penalty of 10% shall be imposed if payment is not made on or before the due date of September 1st. (25) Failure to receive mail will not be recognized as valid excuse for failure to pay rates when due. The fees and charges payable by the owner or occupier of any parcel of land subject to the conditions and terms of this By-Law, if remaining unpaid after the thirty-first day of December in any year, shall be deemed to be taxes in arrears in respect of that land and placed on the tax role for collection in the year next following. Penalties (26) Every person who violates any of the provisions of this By-Law or who suffers or permits any act or thing to be done in contravention or in violation of any of the pro visions of this By-Law or who neglects to do or refrains from doing anything required to be done by any of the provisions of this By-Law, or who does any act which violates any of the provisions of this By-Law, shall be deemed to be guilty of an infraction thereof, and liable to the penalties hereby imposed. (27)The Municipality reserves the right to suspend collection service from properties where the facilities for receptacles are contrary to the provisions of this By-Law. (28)Any person guilty of an infraction of this By-Law shall be guilty of an offence and shall, on summary conviction,
^ 9 - be liable to a penalty not exceeding One Hundred Dollars ($100.00) and costs of the conviction. (29) By-Law No. 530 is hereby repealed. (30) This By-Law may be cited for all purposes as the "District of Stewart Garbage By-Law No. 588-1993". READ a first time this 8th day of March READ a second time this 8th day of March READ a third time this 31st day of March _, 1993 _, 1993, 1993 RECONSIDERED AND ADOPTED this 1st day of April 1993, Mayor &~~>1-S>~T_^dL, Clerk I hereby certify that the above is a true copy of By-Law No. 588-1993 of the District of Stewart, & >-* <H-r* Clerk
- Schedule A District of Stewart Garbage Rates By-law 588 Classification of Users Minimum Monthly Charge Apartments - per apartment Single family dwellings Mobile home parks-per mobile home Beauty parlors or barber shops Businesses,stores,banks,offices. Car washes Churches Dentists or Physicians. Laundry Laundromat Wharehouses,any commercial undertaking 4 pick-ups per month $6.00 Drycleaning Halls Laundry with drycleaning Any commercial undertaking $ 9 00 12 pick-ups per month Hospltals-per bed «* n* Restaurants or cafes lil'll Service stations or Workshops $17'22 Hotels or Motels-per unit 5 22 Schools-per classroom 1 r>'hl 12 pick-ups per month $ 2.00 Stores Any commercial undertaking $30.00 20 pick-ups per month File, 93 Garb