Pursuant to the authority conferred by the Municipalities Act, 1999, chapter M-24, Section 414 the Town of Grand Falls-Windsor has made the following Anti Litter Regulations.
Anti Litter Regulations
1. “Council” means the Town Council of the Town of Grand Falls-Windsor.
2. “Town” means the Town of Grand Falls-Windsor, Newfoundland, as defined by paragraph 2 of the Order-In-Council dated the 1st day of January, A.D., 1991 and made under the provisions of the said Act.
3. “Authorized Receptacle” means a litter storage or collection receptacle as required by Garbage Regulations (1991) or as may be approved by the Town Council.
4. “Hand Bill” means a printed or written matter, circular, sample, advertisement, leaflet or paper other than a newspaper or Her Majesty’s mail.
5. “Litter” means any obnoxious substance, waste or unsanitary matter, refuse, garbage, rubbish, ashes, street cleanings, dead animals, paper wrappings, cardboard boxes, tin cans, leaves, wood, bedding, crockery, glass bottles and glass in all its forms, cement bags and bags of all description and other matter or thing which if thrown or deposited as herein prohibited tends, or is likely to cause or causes unsightliness within the Town or creates a danger to health, welfare or public safety and includes apparently abandoned vehicles and appliances.
6. “Person” means any person, firm, partnership association, corporation, company or organization of any kind.
7. Litter in Public Places
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Town limits except in authorized receptacles for collection or at the incinerator.
8. Placement of Litter Receptacles so as to Prevent Scatterings
Persons placing litter in authorized receptacles or at the town incinerator 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.
9. 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.
10. Business Houses’ Responsibility
No person owning or occupying a place of business 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 places of business within the town shall keep the sidewalk or parking area free of litter, provided however, that nothing in this
section or in section 9, shall prohibit persons from watering sidewalks, gutters, or street fronting their premises in order to minimize or control the spreading and flow of dust.
11. 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 or upon private property within the town of Grand Falls-Windsor.
12. 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 or public place or private property.
13. 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 part of the park or upon any street or 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.
14. Litter in Waterways
No person shall throw or deposit litter in any ditch, pond or stream or other body of water in a park or elsewhere within the Town.
15. Posting Notices Prohibited
No person shall post of affix any notice, 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 Council, or required by law.
16. Litter on Private Property
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 of person in control of private property may maintain authorized receptacles for collection in such a manner that 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.
17. Order for Disposal of Litter
The Town Clerk is empowered and authorized to order the owner or occupier of any private property within the Town to properly dispose of any or all litter on such property. Such order shall be by means of a notice signed by the Town Clerk and served upon the owner or occupier.
18. Council may Carry Out Directions
If any notice issued and served under Section 17 is not complied with or is not so far complied with as the Council regards as reasonable within the time named in the notice, the Council may carry out the directions contained in the notice through its officers, agents, employees or contractors and recover the cost of so doing as a civil debit from the person on whom the notice was served.
It shall be the duty of the Police Officer or other persons assigned to the enforcement of this Regulation:
(a) To report the name and address of any person observed or reliability reported to have violated any of the provisions of this Regulation.
(b) To report the time and nature of the violation of this Regulation.
(c) To serve upon the person violating any provision of this Regulation a notice that the person concerned has violated a provision of the
Regulation and instructing such person any order in regard to such Regulation.
(d) To furnish the Town Clerk a duplicate of each notice of violation. 20. Penalty
Pursuant to Section 420 of the Act, any person who is guilty of an offence against these Regulations or who acts in contravention of or fails to comply with any provision thereof or neglects or refuse to do so shall be liable on summary conviction;
(a) for a first offence to a fine of not less than $100 and not more that $500 or to a term of imprisonment of not more than one month or to both the fine and imprisonment;
(b) for a subsequent offence to a fine of not less than $500 and not more than $1,000 or to a term of imprisonment of not more than 3 months or to both the fine and imprisonment.
Approved by Council at Meeting #394 on March 27, 2012