Being a Bylaw to provide for the control, collection and disposal of garbage within the municipality of Cache Creek.

Transcription

1 THE VILLAGE OF CACHE CREEK BY-LAW NO. 458 Being a Bylaw to provide for the control, collection and disposal of garbage within the municipality of Cache Creek. The Council of the Corporation of the Village of Cache Creek, in open meeting assembly, enact as follows: 1. This Bylaw may be cited for all purposes as "VILLAGE OF CACHE CREEK GARBAGE COLLECTION, DISPOSAL AND RATES BY-LAW NO. 458, 1991." 2. Schedule "A" attached hereto,, certified by the Clerk to be the "Garbage User Rates" is hereby made part of this bylaw. 3. If any section, subsection, sentence, clause or phrase of this Bylaw is for any reason held to be invalid by the decision of any Court of competent jurisdiction, the invalid portion shall be severed and the decision that it is invalid shall not effect the validity of the remainder. 4. By-Law No. 341 and all amendments thereto are hereby REPEALED. 5. This bylaw shall come into force and take effect on the first day of January, PART 2. DEFINITIONS in this Bylaw: 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, ashes, grass, hedge clippings and other garden refuse or rubbish except such garden refuse, which, owing to its length or bulk cannot be placed in the receptacle as required by this bylaw. TRADE WASTE shall mean and include refuse and accumulation of waste and abandoned materials resulting. from the operation of trade or business, including paper, boxes, wrapping materials, sweepings and all inflammable materials of a like nature other than garbage and ashes. GARBAGE COLLECTOR means the person appointed to collect garbage within the municipality of Cache Creek, to carry out the duties imposed on him/her by this bylaw. DWELLING means any building or place of living or dwelling within the said municipality of Cache Creek, including any apartment house, licensed rooming-house, licensed boarding-house or terrace of houses under the same roof or any building in which more than two families live, abide or dwell,but not including Hotel or Motel.

2 OCCUPIER means any person occupying any dwelling, habitation, place of residence or trade premises within the municipality of Cache Creek, but shall not include any person who is merely a boarder, roomer or lodger therein. TRADE PREMISES means any warehouse, factory, store, hotel, motel, eating house, auto camp, wholesale or retail business place, garbage or office building and any building other than dwelling within the municipality of Cache Creek. APARTMENT HOUSE means a building which is, or is intended to be occupied as a habitation or place of residence by more than two families living independently of one another upon the same premises, and having a common entrance to three or more suites. OWNER shall mean and include a person to whom the definition "owner" set forth in Section 1 of the Municipal Act. applies. VILLAGE shall mean and include the Council of the Village of Cache Creek, it's servants and agents. REGULATION GARBAGE RECEPTACLE-RESIDENTIAL shall mean a galvanized iron or plastic receptacle, circular in design and provided with a good and sufficient water tight cover, having a capacity of five (5) cubic feet and having a diameter of not more that eighteen inches (18") and depth of not more that thirty two inches (32"). REGULATION GARBAGE RECEPTACLE- TRADE PREMISES AND APARTMENT HOUSES shall mean a steel self dumping apparatus to be compatible to dump hydraulically into refuse pickup unit. PUBLIC HEALTH INSPECTOR means the Public Health Inspector of the South Central Health Unit. PART 3 REGULATIONS 3.1 Every occupier as herein before defined and every owner of an apartment house and every person who occupies any trade premises within the said municipality shall provide and maintain in good and sufficient order and repair for such dwellings, apartment house or trade premises occupied or owned by him/her, regulation garbage receptacles as here in before defined sufficient in number or contain all garbage from such dwelling, apartment house or trade premises. 3.2 All regulation garbage receptacles shall at all times be kept on the premises of or connected with such dwelling, apartment house or trade premises and shall be kept upon the ground level and readily accessible from the street, lane, side or rear entrance of such dwelling, apartment house or trade premises and the municipality shall have the power to designate size and location of such regulation garbage receptacles.

3 3.3 All regulation garbage receptacles shall be accessible between the hours of 8.00 a.m. and 5.00 p.m. on all designated collection days. 3.4 Every occupier as here in before defined and every owner of an apartment house and every occupier of trade premises shall deposit all garbage in the receptacles here in before required to be provided for the same. PART 4 RECEPTACLES - CONTENTS AND CONDITIONS 4.1 No liquids or free water shall be put or placed in or allowed to run or accumulate in any regulation garbage receptacle, and all regulation garbage receptacles shall, at all times, be kept securely covered with a water-tight cover. 4.2 No person shall place any explosive substance in any garbage receptacle. 4.3 All garbage, such as rejected, abandoned, or discarded vegetable or animal food shall be drained and wrapped before being deposited in a regulation garbage receptacle The owner, manager, lessee or occupant of every hotel, restaurant, or other commercial establishment for preparation of foods in the municipality of Cache Creek, shall place all garbage accumulating on such premises in plastic bags before depositing it in the receptacles described here in before. Such plastic bags shall be of the following minimum specifications or better: 1.5 mil polyethylene with a diameter of 26 inches and a height of 36 inches. 4.5 All trade premises shall compact and bind all bulk waste (ie. cardboard boxes, crates, etc.) 4.6 All regulation garbage receptacles here in before mentioned shall at all times be kept in good and sanitary condition and shall be accessible at all reasonable times and when any receptacle has been condemned by the municipality as unfit for the purpose, such receptacles shall be removed along with the garbage and the occupier or owner of an apartment house, dwelling, or trade premises from which any condemned receptacle has been removed shall forthwith provide a sanitary regulation garbage receptacle as described in the Bylaw. PART 5 USER RATES 5.1 There shall be charged against the owner of every property with garbage collection a user rate in accordance with the appropriate category as set out in Schedule "A". 5.2 All charges for garbage service shall be due and payable in advance, but as a matter of convenience may be billed once annually.

4 5.3 Any user rate remaining unpaid on the last day of December shall be deemed to be in arrears, and shall be added to the Tax Roll as arrears taxes the first day of January so following. 5.4 All user rates and charges under this by-law shall be paid at the office of the municipality of Cache Creek B.C. 5.5 The owner or premises, whether occupied or vacant, to which the service is available, shall be responsible for a payment of garbage rates, whether the garbage service is actually used or not 5.6 To encourage early payment, there will be a ten percent (10%) discount for accounts paid before April 1 of the year which they are billed. 5.7 Old Age Pensioners, and others who qualify for the additional Home Owner Grant, may, upon application, receive a reduction equivalent to one half to a maximum of sixteen dollars ($16.00) of the garbage bill for a single family residence. 5.8 Invoicing for new services will commence on the first day of the month immediately following the date of service. PART 6 ADMINISTRATION 6.1 It shall be the duty of the Garbage Collector to comply with the following: a. To collect all garbage disposed of in applicable receptacles as defined in this bylaw. b. To report any violation of sanitary laws by citizens c. To clean up any garbage spilled or scattered in the operation of collection. d. To answer all complaints courteously and promptly. e. Not to trespass needlessly on private property but to follow pedestrian walks and not cross from one property to another. f. To see that garbage vehicles do no interfere needlessly with traffic and that such vehicles are not left standing on the street. g. To abide by all Federal, Provincial and Local Laws and requirements. PART 7 COLLECTION OF GARBAGE 7.1 Garbage shall be collected and carried away by the Municipal Garbage Collector

5 from all dwellings once each week, or at such times as the council may from time to time by resolution direct. 7.2 Garbage shall be collected and carried away from trade premises, apartment houses, and buildings in which more than two families dwell, at such periods as the Council shall by resolution direct. PART 8 INFRACTIONS 8.1 No person shall throw, place or pile or cause to be thrown, places or piled, upon any street, lane, or alley within the municipality of Cache Creek, any garbage, waste or refuse, without a permit from the owner. Permit issued under this section shall not provide for the contravention of the Health Act, and/or the Pollution Control Act. PART 9 PENALTIES 9.1 Any person who violates the provisions of this bylaw is liable on summary convictions to a penalty not exceeding Five Hundred Dollars ($500.00) for each infraction or offence and also the cost of prosecution. Each day that a violation or infraction exists or is permitted to exist, shall constitute a separate offence under this bylaw. Upon conviction the magistrate may direct that no prosecution may be made with respect to continuance of this violation for such period of time as he/she directs. READ A FIRST TIME THIS 9TH DAY OF DECEMBER, 1991 READ A SECOND TIME THIS 9TH DAY OF DECEMBER, 1991 READ A THIRD TIME THIS 9TH DAY OF DECEMBER, 1991 RECONSIDERED AND ADOPTED THIS 20TH DAY OF DECEMBER, 1991 ADMINISTRATOR MAYOR CLERK I hereby certify that this is a true copy of "VILLAGE OF CACHE CREEK GARBAGE COLLECTION, DISPOSAL AND RATED BY-LAW NO. 458, 1991" as adopted this 20th day of December, 1991.

6 CLERK ADMINISTRATOR VILLAGE OF CACHE CREEK BY-LAW NO. 458 SCHEDULE A GARBAGE RATES YEARLY a) Private Residence, Apartment, Suite, Duplex, Mobile Home - each Unit b) Hotel/Motel - Manager's - each Unit Each Rental Unit c) Beverage Room, Cocktail Bar and Lounge d) Coffee Shop, Cafe, or Restaurant - Per Seat, minimum 25 seats e) Store - charged per square metre, minimum charge $ f) Office g) School - Per Classroom h) Laundromat i) Gas Bar j) Garage/Gas Bar k) Light Industry l) Overnight Campsite - per unit m) Daycare n) Church/Club o) Clinic (Doctor/Vet) p) Auto Body q) Unspecified