| 1. Title |
| These Regulations may be cited as the Town of Paradise Anti-Litter Regulations, 2013. |
| 2. Interpretation |
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In these Regulations, unless the context otherwise requires:
- a) "Act" means the Municipalities Act, 1999, SNL 1999 Chapter M-24 as amended.
- b) "Authorized Receptacles" means a Garbage Container as defined and required by the Town of Paradise Waste Disposal (Garbage) Regulations, 2013, or as may be approved by the Town of Paradise.
- c) "Commercial Property" means any property or building that is used or designed for use for business, commercial, industrial or institutional purposes, or vacant land in a non-residential zone.
- d) "Council" means the Town Council of the Town of Paradise.
- e) "Enforcement Authority" means Council or its authorized administrator.
- f) "Hand Bill" means printed or written matter, circular sample, advertisement, leaflet or paper other than a newspaper or Her Majesty's mail.
- g) "Litter" means any obnoxious substance, waste or unsanitary matter, refuse, garbage, rubbish, ashes, cigarette butts, street cleanings, dead animals, paper wrappings, cardboard boxes, tin cans, leaves, wood, bedding, crockery, glass bottles and glass in all its forms, construction and demolition materials, excavation and landscaping debris, cement bags, and bags of all description and other matter or things which if thrown or deposited as herein prohibited tends, or in likely to cause or causes unsightliness within the Town or creates a danger to health, welfare, or public safety and includes abandoned vehicles, furniture and appliances.
- h) "Nuisance" means anything, in the op1mon of Council or any Person authorized by Council, that endangers life or health, gives offence to the senses, violates the laws of decency or obstructs reasonable and comfortable use of property in any way, and includes any obnoxious substances, smoke, animal waste or unsanitary matter or noise that has an unpleasant effect on the senses.
- i) "Owner" means the legal entity having title to a property.
- j) "Occupant" means any Person who is an agent, tenant or occupier of a property.
- k) "Person" means any person, firm, partnership, association, corporation, company, co-operator, club, society, or any other corporate body or organization of any kind.
- l) "Residential Property" means a dwelling and the yard around it, and all accessory buildings, out buildings, fences, barriers, retaining walls, or other erections therein and thereon, or vacant land within a residential zone.
- m) "Town" means the Town of Paradise.
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| 3. Litter in Public Places |
| No Person shall throw or deposit Litter in or upon any street, sidewalk, or other public place within the Town except in Authorized Receptacles for collection. |
| 4. Placement of Litter in Receptacles so as to Prevent Scatterings |
| Persons placing Litter in Authorized Receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place, or upon private property, or pond, river or stream. |
| 5. Sweeping Litter into Gutters Prohibited |
| No Person shall sweep into or deposit into any gutter, street or other public place within the Town the accumulation of Litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of Litter. |
| 6. Commercial Property Responsibility |
- a) The Owner or Occupant of a Commercial Property shall keep the street, sidewalk and drainage ditch or curb and gutter abutting or adjacent to his or her property free of refuse, debris, Litter, garbage, and any unsanitary, offensive or injurious substance or article of any kind.
- b) No Person owning or occupying a Commercial Property shall sweep into or deposit into any gutter, street or other public place within the Town, the accumulation of Litter from any building or lot, or from any public or private sidewalk or driveway. Persons owning or occupying a Commercial Property within the Town shall keep the sidewalk or parking free of Litter.
- c) Nothing in this Section shall prohibit Persons from watering sidewalks, gutters, or streets fronting their premises in order to minimize or control the spreading and flow of dust.
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| 7. Litter Thrown by Persons in Vehicles |
| No Person while a driver or passenger in a vehicle shall throw or deposit Litter of any description upon any street or other public place or upon private property within the Town. |
| 8. Truck Loads Causing Litter |
| No Person shall drive or move any truck or other vehicle within the Town unless such vehicle is so constructed or loaded so as to prevent any load, contents or Litter from being blown or deposited upon any street, lane, sidewalk or other public place or private property or becoming a Nuisance within the Town. |
| 9. Disposal of Waste Materials |
| All Litter including, but not limited to, construction, demolition, excavation, and landscaping waste shall be disposed of at a landfill site. |
| 10. Litter in Parks |
| No Person shall throw or deposit Litter in any park within the Town except in Authorized Receptacles and in such a manner that the Litter will be prevented from being carried or deposited by the elements upon any street or any park of the park or any other public place or private property. Where Authorized Receptacles are not provided, all such Litter shall be carried away from the park by the Person responsible for its presence and properly disposed of elsewhere as provided herein. |
| 11. Litter in Waterways |
| No Person shall throw or deposit Litter in any ditch, pond, or stream or other body of water in any park or elsewhere within the Town. |
| 12. Posting Notices Prohibited |
| No Person shall post or affix any notices, poster or other matter or device calculated to attract the attention of the public to any lamp post, public utility pole, tree, or upon any public structure or building except as may be authorized by the Council or required by law. |
| 13. Litter on Private Property |
- a) No Person shall throw or deposit Litter on any private property within the Town, whether the property is owned by such Person or not, except that the Owner, Occupant or Person in control of private property may maintain Authorized Receptacles for collection in such a matter that the Litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property. This will include Hand Bill material delivered to residential and business locations. All Hand Bill material shall be deposited in a mailbox or in the absence of a mailbox at the front door of a residence or the door of a business. Hand Bills shall not be placed on lawns, driveways or walkways.
- b) All Residential Properties shall be kept clean and free from visible wrecked, dismantled, inoperative, unused or abandoned vehicles and any other machinery or any parts thereof, except as permitted only in an approved, enclosed residential garage for the sole purpose of restoration.
- c) Provisions of Section 13 (b) shall apply to the premises of Commercial Properties located in proximity to Residential Property and the Owner or Occupant of the same shall maintain the same in accordance with Section 13 (b).
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| 14. Order for Disposal of Litter |
| The Enforcement Authority is empowered and authorized to order the Owner or Occupant of any private property within the Town to properly dispose of any or all Litter located on such property. Such order shall be by means of a notice signed by the Enforcement Authority and served upon the Owner or Occupant. |
| 15. Vehicle Impounding |
| Failure of the Owner or Occupant to remove a vehicle from a Residential or Commercial Property within the Town where Town officials have deemed it a Nuisance will result in that vehicle being impounded and all costs related to such removal will be the responsibility of the Owner or Occupant. The Town is not obligated to contact the Owner or Occupant prior to removal. |
| 16. Enforcement |
- a) Enforcement and prosecution under these Regulations may be under taken by any Police Officer or by any other Person so authorized by the Enforcement Authority.
- b) It shall be the duty of a Police Officer or the Enforcement Authority to enforce these Regulations and to:
- i) Report the name and address of any Person observed or reliably reported to have violated any of the provisions of these Regulations;
- ii) Report the time and nature of the violation of the Regulations, and any circumstances being relevant to the violation;
- c) Every Person requested by Council or its duly authorized agents to enforce these Regulations shall upon request, forthwith give his/her proper name and address.
- d) Pursuant to Section 404 (1) of the Act, the Enforcement Authority may serve upon the Owner, Occupant or any other Person in violation of a provision of these Regulations, a serially numbered notice advertising the nature of the violation and required action to conform to the standards as set out in these Regulations.
- e) The Owner, Occupant or any Person served a notice shall carry out the directions of the Enforcement Authority referred to in Section 16 (d) at the cost of the Owner, occupant or Person within the time specified.
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| 17. Right of Entry |
| Pursuant to Section 51 of the Urban and Rural Planning Act, 2000, Council or its duly authorized agents have the authority to enter a property for the purposes of inspection or to carry out work as required under these Regulations. |
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18. Failure to Comply
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- a) Pursuant to Section 404 (5) of the Act, where a Person to whom an order is directed does not comply with the order or part of an order made under Section 16 (d) of these Regulations, Council may take the action that it considers necessary to carry out the terms of the order and any costs, expenses or charges incurred by Council in carrying out the term of the order are recoverable from the Person against whom the order was made as a civil debt owed to Council and are subject to enforcement mechanisms under Section 421.2 of the Act.
- b) Council may delegate to an official or employee of Council the power to issue orders under this section
- c) Council, its employees, servants or agents shall be saved harmless from any and all claims arising out of the action of Council, its employees, servants or agents in the process of inspecting and/or carrying out work under these Regulations, except in the case of gross negligence.
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| 19. Penalties |
- a) Pursuant to Section 419 (2) of the Act, each day upon which the same offence is committed or continued is a separate offence;
- b) Every Person who is guilty of an offence under these Regulations or who acts in contravention of or fails to comply with any provision thereof, or neglects or refuses to do so:
- i) Shall be liable to penalties as stipulated in accordance with Section 420 of the Municipalities Act, 1999;
- ii) Shall be subject to an order under Section 404 (1) (1) of the Municipalities Act, 1999;
- iii) Shall be subject to a violation notice issued under Section 421.1 (1) of the
- Municipalities Act, 1999; or
- iv) Shall be issued a ticket under the Provincial Offenses Act in accordance with Section 421.2 of the Municipalities Act,1999.
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| 20. Coming Into Effect |
| These Regulations shall come into effect on the 23rd day of August, 2013 AD. |
| 21. Publication |
| A notice of these Regulations was published in The Shoreline on the 22nd day of August, 2013 AD. and Gazetted on the 23rd day of August, 2013 AD. |
| 22. Copy to Minister |
| A copy of these Regulations was sent to the Minister of Municipal Affairs on the 19th day of August, 2013 AD. |
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23. Repeal of Previous Regulations and Amendments
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| All previous Town of Paradise Anti-Litter . Regulations and amendments are repealed. |
