Garbage Bylaw

Whereas the Council of the Corporation of the City of Kingston may pass Bylaws respecting waste management in the City;

Whereas section 434.1(1) of the Municipal Act, 2001, as amended from time to time, provides that a municipality may require a person, subject to such conditions as the municipality considers appropriate, to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with a by-law of the municipality passed under this Act;

Now Therefore the Council of the Corporation of the City of Kingston hereby enacts as follows:

1. In this Bylaw:

Administrative Penalty - means an administrative penalty administered pursuant to "Bylaw 2020-69 of the Corporation of the City of Kingston being "A Bylaw to Establish a Process for Administrative Penalties.

Ashes - means the solid residue of any household fuel after such fuel has been consumed by fire.

Biodegradable Products Institute (BPI) means the Biodegradable Products Institute (BPI)

Blue Box - means a plastic box which is provided by the City, or a plastic box comparable in weight and dimensions to a City provided Blue Box that is able to hang onto the side of collection trucks, for the collection of Recyclable Materials.

Boxboard - means thick paper packaging without a corrugated core.

Cardboard - means paper packaging with a corrugated core.

City and City of Kingston - means the City of Kingston, as incorporated on January 1, 1998.

Collectable - means Garbage, Household Organics, Recyclable Materials, and Yard Waste, which may be collected at curbside or at a Collection Point in accordance with the provisions of this Bylaw.

Collection Operator - means staff retained to collect, remove and transport Waste, whether employed by a Contractor or directly by the City.

Collection Point - means the area that has been designated by the Manager for the Set Out and municipal collection of Garbage, Household Organics, Recyclable Materials, Yard Waste or any other Collectable Waste, or for Waste collected by a 3rd Party Contractor in the Special Collection Area, shall mean the location the Waste is Set Out for collection."

Commercial Properties - means properties in the commercial property class that are located in the Special Collection area, that apply and pay for municipal Garbage service under Bylaw 2005-260, or receive Waste collection by a 3rd Party Contractor, or their sub-contractor.

Compostable plastic bags - means compostable liner bags certified by the Biodegradable Products Institute (BPI) and showing the BPI symbol.

Contractor - means any individual, firm, company or corporation and its employees or agents with whom the City has entered into a contract or agreement for the collection, processing, marketing, transfer or disposal of Waste.

Council and City Council - means the Council of the City of Kingston.

Disposal Services - means those facilities, equipment, programs and services of the Solid Waste Management System received after collection for transfer, transportation, landfill and related services.

Diversion - means those facilities, equipment, programs and services of the Solid Waste Management System operated for the purpose of diverting Waste from landfill, including but not limited to, recycling, composting and Municipal Hazardous or Special Waste.

Eligible Property - means one of the following:

(a) For Garbage collection:

1. any property in the residential Property Class containing at least one Residential Unit with the exception of condominium properties and co-operative housing properties;
2. entire residential condominium properties, co-operative housing properties, Multi-Residential and New Multi-Residential Properties, and commercial properties within the Special Collection area, that apply and pay for municipal Garbage service under Bylaw 2005-260;
3. places of worship, except uses that are accessory or ancillary to the place of worship;
4. shelters for homeless Persons and victims of violence;
5. the "Almost Home" facility located at 118 William Street when it provides accommodation for families who are in Kingston with a child receiving special medical care;
6. City property that has not been rented, leased or otherwise provided to a third party;
7. daycares that are in the residential Property Class, residential with commercial unit Property Class or condominium properties, co-operative housing properties, Multi-Residential and New Multi-Residential Properties that apply and pay for municipal Garbage service under Bylaw 2005-260;
8. home occupations including but not limited to hairdressers, doctors, lawyers, engineers, bookkeepers, etc. that are in the residential Property Class containing at least one Residential Unit or the Residential with commercial unit Property Class containing at least one Residential unit or condominium properties, co-operative housing properties, Multi-Residential and New Multi-Residential Properties that apply and pay for municipal Garbage service under Bylaw 2005-260; and
9. other property as designated by the Manager.

(b) For Household Organics collection:

1. any property in the residential Property Class containing at least one Residential Unit with the exception of condominium properties and co-operative housing properties;
2. entire residential condominium properties, co-operative housing properties, Multi-Residential and New Multi-Residential Properties that request Household Organics collection;
3. places of worship, except uses that are accessory or ancillary to the place of worship;
4. shelters for homeless Persons and victims of violence;
5. schools that apply and pay for municipal organics collection under Bylaw 2005-10;
6. City property that has not been rented, leased or otherwise provided to a third party;
7. daycares that are in the residential Property Class, residential with commercial unit Property Class or condominium properties, co-operative housing properties, Multi-Residential and New Multi-Residential Properties that request Household Organics collection;
8. Home occupations including but not limited to hairdressers, doctors, lawyers, engineers, bookkeepers, etc. that are in the residential Property Class containing at least one Residential Unit or the Residential with commercial unit Property Class containing at least one Residential unit or condominium properties, co-operative housing properties, Multi-Residential and New Multi-Residential Properties that request Household Organics collection; and
9. other property as designated by the Manager.

(c) For recycling collection:

1. any property in the residential Property Class containing at least one Residential Unit with the exception of condominium properties and co-operative housing properties;
2. entire residential condominium properties, co-operative housing properties, Multi-Residential and New Multi-Residential Properties that request municipal service;
3. places of worship, except uses that are accessory or ancillary to the place of worship;
4. shelters for homeless Persons and victims of violence;
5. City property that has not been rented, leased or otherwise provided to third party;
6. daycares that are in the residential Property Class, residential with commercial unit Property Class or condominium properties, co-operative housing properties, Multi-Residential and New Multi-Residential Properties that request municipal service;
7. home occupations including but not limited to hairdressers, doctors, lawyers, engineers, bookkeepers, etc. that are in the residential Property Class containing at least one Residential Unit or the Residential with commercial unit Property Class containing at least one Residential unit or condominium properties, co-operative housing properties, Multi-Residential and New Multi-Residential Properties that request municipal service; and
8. other property as designated by the Manager.

(d) For Yard Waste collection:

1. any property in the residential Property Class containing at least one Residential Unit with the exception of condominium properties and co-operative housing properties;
2. entire residential condominium properties, co-operative housing properties, Multi-Residential and New Multi-Residential Properties that apply and pay for municipal Garbage service under Bylaw 2005-260;
3. places of worship, except uses that are accessory or ancillary to the place of worship;
4. shelters for homeless Persons and victims of violence;
5. the "Almost Home" facility located at 118 William Street when it provides accommodation for families who are in Kingston with a child receiving special medical care;
6. City property that has not been rented, leased or otherwise provided to a third party;
7. daycares that are in the residential Property Class, residential with commercial unit Property Class or condominium properties, co-operative housing properties, Multi-Residential and New Multi-Residential Properties that request municipal service; viii. home occupations including but not limited to hairdressers, doctors, lawyers, engineers, bookkeepers, etc. that are in the residential Property Class containing at least one Residential Unit or the Residential with commercial unit Property Class containing at least one Residential unit or condominium properties, co-operative housing properties, Multi-Residential and New Multi-Residential Properties that request municipal service; and
8. other property as designated by the Manager.

(e) For Municipal Hazardous or Special Waste delivery:

1. any resident of the City;
2. any business that generates Municipal Hazardous or Special Waste in quantities sufficient for the small quantity exemption to apply subject to payment of applicable Fees;
3. any resident from another municipality that has a service agreement with the City.

(e) Any other property approved by Council for any Waste service.

(f) For Recyclable Materials delivery:

1. any resident of the City;
2. any property in the residential, condominium, co-operative housing , multi-residential, new multi-residential Property Class;
3. any IC&I business that generates Recyclable Materials in the City, subject to payment of applicable Fees; and
4. any resident from another municipality that has a service agreement with the City.

(g) For Yard Waste Delivery:

1. any resident of the City;
2. any property in the residential, condominium, co-operative housing , multi-residential, new multi-residential Property Class;
3. any IC&I business that generates Yard Waste in the City, subject to payment of applicable Fees;
4. any resident from another municipality that has a service agreement with the City.

(h) Any other property approved by Council for any Waste service.

Fee - means any monies payable as determined by the City for Garbage Bag Tags, additional blue or grey recycling boxes, kitchen containers, backyard composters, the disposition of any Waste at any facility, or for any other service as provided in accordance with this Bylaw.

Ft - means feet.

Garbage - means solid, non-hazardous Waste other than Unacceptable Items as described on Schedule "B".

Garbage Bag Tag - means a sticker, tab, tie or label approved by the City for the purpose of identifying any Garbage Receptacles for collection above the Garbage Limit.

Garbage Limit - means the maximum allowable number of Garbage Receptacles that may be Set Out without a Garbage Bag Tag, as described on Schedule "A".

Garbage Receptacle - means:

(a) a rigid container having:

1. i. a watertight lid which can be easily removed to facilitate collection;
2. ii. molded or attached handles designed for lifting;
3. iii. a capacity no greater than 135 litres (30 imperial gallons);
4. iv. a diameter which is smaller at the bottom than at the top; or

(b) a plastic bag:

1. with a capacity no greater than 135 litres (30 imperial gallons);
2. capable of being closed or tied and containing the Garbage without tearing; or

(c) a tied bundle:

1. that is no greater in volume than 135 litres (30 imperial gallons); or

(d) a sealed Cardboard box containing only broken glass and marked "BROKEN GLASS" so that it is visible to the Collection Operator.

Green Bin - means a Household Organics Receptacle.

Grey Box - means a plastic box which is provided by the City, or a plastic box comparable in weight and dimensions to a City provided Grey Box that is able to hang onto the side of collection trucks, for the collection of Recyclable Materials.

Home Health Care Waste - means items used for personal home health care and includes but is not limited to:

1. empty and rinsed colostomy bags;
2. empty and rinsed gastric and nasal tubes;
3. incontinence products;
4. intravenous bags and tubing;
5. sponges;
6. any other material deemed Home Health Care Waste by the Manager; but does not include:
7. Pathological Waste;
8. hypodermic needles, syringes or sharps.

Home Occupation - means an occupation except for the keeping of boarders or roomers, which, subject to Section 5.20(v) under Bylaw 8499 shall be conducted solely and entirely by a member or members of the family resident within the place of residence.

Household Hazardous Waste - means Municipal Hazardous or Special Waste.

Household Organics - means kitchen food Waste and any other organic material collected separately in Household Organics Receptacles for the purpose of composting as determined by the City and described on Schedule "C" of this Bylaw.

Household Organics Receptacle - means a green bin as provided by the City for containing Household Organics and not a kitchen container.

In - means inches when used as a measurement.

Industrial, Commercial and Institutional (IC&I) - means Industrial, Commercial and Institutional businesses.

KARC - means the Kingston Area Recycling Centre located at 196 Lappan’s Lane or such other sites as duly identified.

Kg - means kilograms.

Kraft Paper Bag - means a compostable paper bag designed and manufactured specifically for the handling of Household Organics and/or Yard Waste.

Lb - means pounds.

Liquid Waste - means Waste which is not solid and which exhibits evidence of free water, or other liquids, whether or not contained.

M - means metres.

Manager - means the Manager of the Solid Waste Division for the City, or designate.

Multi-Residential Property and New Multi-Residential Property - means a property containing seven (7) or more Residential Units.

Municipal Hazardous or Special Waste - means the items referred to as Municipal Hazardous or Special Waste on Schedule "E", and any other Waste material designated as Municipal Hazardous or Special Waste by Provincial statute and/or the City, also referred to as Household Hazardous Waste.

Occupant - has the same meaning as "occupier" as defined in the Occupiers' Liability Act further described as any Owner, lessee, tenant, agent, authorized employee or Person otherwise in care and control of any property.

Officer - means a Provincial Offences Officer as appointed by the City and includes a Police Officer.

On-Site Waste Collection - means the collection of Waste from storage areas located on Private Property.

Owner - means a Person, corporation, partnership or any other legal entity that is the registered owner of a property, land or premise.

Pathological Waste - means bandages, dressings, drugs, medicines, needles, poultices, syringes, vaccines, vials and other similar materials or substances which contain or could reasonably be expected to contain pathogenic bacteria or micro-organisms or could reasonably be expected to be infectious, hazardous or dangerous and anything designated as Pathological Waste under the Environmental Protection Act Regulation 347.

Penalty Notice - means a notice given pursuant to sections 2.2 and 2.4 of "Bylaw 2020-69 of the Corporation of the City of Kingston being "A Bylaw to Establish a Process for Administrative Penalties.

Person - means any individual, corporation, partnership or trust and, in the case of a corporation, any director, employee, or agent acting on behalf of the corporation.

Polycoat - means paper based packaging with a coating.

Private Property - means property which is privately owned and is not the City’s property, or property of a local board, or property of the Crown in Right of Ontario, the Crown in Right of Canada or any emanations thereof, unless it is leased to a Person or corporation not listed above.

Property Class - means a class of real property prescribed under the Assessment Act, R.S.O. 1990, c. A-31.

Public Property - means any property, which is owned or leased by the City, or property of a local board.

Receptacle - means a Garbage Receptacle, Recycling Receptacle, Yard Waste Receptacle, or Household Organics Receptacle approved by the City.

Recyclable Materials - means any material designated by O. Reg. 101/94 under the Environmental Protection Act, as amended, or otherwise designated by the City as a material to be collected for the purpose of recycling as described on Schedule "D".

Recycling Receptacle - means:

1. a Blue or Grey Box that is used for the collection of Recyclable Materials;
2. a wheeled cart provided by the City for the collection of Recyclable Materials.

Residential Unit - means a self-contained place of residence approved by the City and recognized by the Municipal Property Assessment Corporation, with its own culinary and sanitary facilities provided for the exclusive use of the Person or Occupant who reside therein.

Scheduled Collection Day - means a day of Waste collection for a particular geographic area within the City, or a day of Waste collection scheduled by a Commercial Property in the Special Collection Area to be collected by a 3rd Party Contractor.

Set Out - means to place, or permit to be placed, Waste at any location on Private Property or Public Property for the purpose of municipal Waste collection or collection by a 3rd Party Contractor.

Solid Waste Management System - means facilities and equipment used in, and operations carried out for the management and Diversion of Waste by the City including but not limited to planning, collection, handling, transfer, transportation, storage, processing, marketing, and/or disposal.

Special Collection Area - means the Downtown Kingston Business Improvement Area, and for the purposes of this Bylaw, will also include properties with frontage on Princess Street, between the boundaries of the west side of Division Street and the south sides of Bath Road / Concession Street.

Special Collection Events - means special curbside collection events operated by the City within the City. Example: curbside battery recycling program.

Styrofoam - means expanded polystyrene.

Tagged - means having an Unacceptable Set Out Tag attached.

3rd Party Contractor - means any individual, firm, company or corporation and its employees or agents with whom Commercial Properties has hired or entered into a contract or agreement for the collection, processing, marketing, transfer or disposal of Waste.

Topped Up - means filling a Receptacle to the top.

Unacceptable Set Out Tag - means a notice tag or sticker left by the Collection Operator advising the Occupant that Waste materials have been Set Out in violation of the requirements as described in this Bylaw.

Unacceptable Item - means an item described as unacceptable on Schedule "B", "C", "D", "E" or "F".

Waste - means Garbage, Household Organics, Recyclable Materials, Yard Waste, and Municipal Hazardous or Special Waste.

Waste Management Facility - means any facility used to receive, transfer, process or dispose of Waste including:

1. the Material Recovery Facility located at KARC;
2. the Municipal Hazardous or Special Waste facility located at KARC;
3. the Yard Waste transfer site located at KARC;
4. any other facility authorized by law.

Yard Waste - means the items described on Schedule "F".

Yard Waste Receptacle - means:

1. an open rigid container having:
   1. molded or attached handles;
   2. a capacity of less than 135 litres (30 imperial gallons);
   3. a diameter which is smaller at the bottom than at the top; or
2. a Kraft Paper Bag:
   1. with a capacity of less than 135 litres (30 imperial gallons);
   2. capable of being closed and containing the Yard Waste without tearing; or
3. a bundle of tree or shrub limbs measuring less than 0.15 m (6 in.) in diameter, securely tied with string or twine (non-plastic), only if such bundles are no longer than 0.9 m (3 ft) in length and 0.6 m (2 ft) in diameter and are securely tied into compact bundles; or
4. such other reusable containers, in good working order or determined by the Manager as acceptable for setting out Yard Waste.

2.1. The purpose of this Bylaw is to protect the health, safety and welfare of the general public and to provide for the abatement of nuisances and the protection of the environment by regulating and monitoring the collection, processing, transfer and/or disposal of Waste within the City.

2.2. The provisions of this Bylaw shall apply to all properties within the City.

2.3. Unless otherwise provided for, Waste collection and Disposal Services, as Set Out under this Bylaw, are provided only to Eligible Properties.

2.4. All attached Schedules form part of this Bylaw.

2.5. Where a provision of this Bylaw conflicts with a provision of another Bylaw in force in the City or any other statute or regulation, the provision that establishes the higher standards to protect the health, safety and welfare of the general public shall prevail.

3.1. The Manager shall administer the provisions of this Bylaw.

3.2. All Officers are authorized to enforce this Bylaw.

3.3. Fees related to this Bylaw shall be identified in Bylaw 2005-10 "Fees and Charges" and Bylaw 2005-260 "A Bylaw Regarding the Levying of Special Rates and the Charging of Fees for Waste Management Services", all as amended.

3.4. If, due to breakdown of equipment, strike, inclement weather, or any other cause, Waste collection is not provided to a property, the City shall not be liable to any Person for any damages, costs or expenses due to the failure of such Waste collection to take place.

3.5. If the City changes a Waste collection day, the City shall make reasonable efforts to advise all affected Persons by a notice delivered to the affected property, by notice in a local newspaper prior to the change, or by such other method approved by the Manager, but in no event shall the City be liable to any Person for the failure to give such notice or the failure of any Person to receive such notice.

4. The Manager or his/her designate is delegated the authority, in accordance with this Bylaw, to:

4.1. operate and administer the Solid Waste Management System;

4.2. schedule Waste collection services by area, weekday and material;

4.3. designate Waste Collection Points;

4.4. alter the classes and list of materials in this by-law requiring specific treatment or preparation for collection;

4.5. discontinue or refuse On-Site Waste Collection services to any Owner or Occupant whose property is unsafe for entry or egress by Collection Operators for any reason, including but not limited to, the physical layout, loading facilities or the methods of handling Waste on the property;

4.6. suspend Waste collection services in all or part of the City in the event of inclement weather or other condition that in the reasonable opinion of the Manager renders the provision of Waste collection services unsafe or otherwise undeliverable; and

4.7. establish such other measures required for the proper operation and administration of the Solid Waste Management System.

5.1. General Conditions:

1. The City shall provide for collection of Collectable material from eligible properties at the level of service as described in Schedule "A" to this Bylaw on the day designated by the Manager.
2. No Person shall Set Out or permit the Setting Out of Unacceptable Items as listed on Schedules "B", "C", "D", and "F" either on its own or mixed with any Waste for which the City provides a collection service.
3. The City shall provide two Blue Boxes, one Grey Box, and one Household Organics Receptacle for each Residential Unit in the residential Property Class with the exception of condominium and co-operative housing properties.
4. The City shall provide recycling boxes or wheeled plastic carts, and Household Organics Receptacles to condominium, co-operative housing, Multi-Residential, and New Multi-Residential Properties on a property by property basis as determined by the Manager.
5. No Owner or Occupant shall Set Out a Garbage, Recycling or Yard Waste Receptacle having a gross weight of more than 20 kg (44 lb) including the contents.
6. Waste that is frozen to, or in any way attached to, or packed so tightly or in a condition such that it cannot discharge freely from a Receptacle with minimal effort by the Collection Operator will not be collected.
7. Any device added to a Receptacle by an Owner or Occupant to tie down or secure any lid or contents must be removed prior to collection or the Waste will not be collected.
8. No Owner or Occupant, excluding a Commercial Property Owner or Occupant in the Special Collection Area, shall Set Out or permit the Setting Out of Waste prior to 5:00 p.m. of the day prior to the Scheduled Collection Day except that Yard Waste Receptacles may be placed out two weeks prior to, and any time during the Yard Waste collection period. (see Part 5, 5.1 (x), (y), (z)).
9. No Owner or Occupant shall Set Out or permit the Setting Out of Waste later than 6:00 a.m. of the Scheduled Collection Day.
10. Every Owner or Occupant, excluding a Commercial Property Owner or Occupant in the Special Collection Area, shall remove any Receptacle, or any items refused for collection from the Collection Point at which it was Set Out, by 8:00 p.m. on the Scheduled Collection Day except that Yard Waste Receptacles may remain Set Out until the end of the Yard Waste collection period, or unless a work order has been issued and the Owner or Occupant has been advised to leave the Receptacle out.
11. No Person shall scavenge, pick over, sort through, collect, remove, scatter, disturb, damage or interfere with any Waste Set Out for collection, except as authorized by the Manager..
12. No Person shall throw, place or deposit any waste refuse or debris on any property of the City or any local board thereof, or on any Private Property without the authorization of the Owner or Occupant of that property. Owner or Occupant may, for the purpose of collection in accordance with the requirements of this Bylaw only, place Waste on the untraveled portion of the street allowance directly fronting the property owned or occupied by the Owner or Occupant or such other place as the Manager may direct.
13. No Person shall deposit, or permit to be deposited, Waste generated on Private Property into public space garbage cans or recycling depots located on Public Property for the purpose of receiving garbage and recyclables generated on Public Property.
14. No person shall Set Out for collection any Waste at a location fronting on property not owned or occupied by that Person, unless directed by the Manager to do so.
15. Waste shall be Set Out for collection in a location as close as practical to the travelled portion of the street directly adjacent to the property of the Owner or Occupant in such a manner that it does not obstruct vehicular or pedestrian traffic.
16. No Owner or Occupant shall Set Out Waste for collection on top of a snowbank, or pile of snow, unless the top of the waste receptacle is less than 1.4 m (4.5 ft) above ground level.
17. No Owner whose property is vacant shall Set Out for collection, or allow, or cause to be Set Out for collection, any Waste on the vacant property.
18. The City shall not be obligated to collect Waste from properties abutting a private or unassumed road unless there is clear, unobstructed access to such property, sufficient unobstructed turnaround space for Waste collection vehicles, and the road is structurally adequate to support collection vehicles, all of which shall be determined by the Manager.
19. On-Site Waste Collection shall only be carried out from locations designated and approved by the Manager.
20. Owners or Occupants shall at all times maintain adequate vehicular access to their property for the purposes of On-Site Waste Collection, including, but not limited to, providing adequate room for collection vehicles to turn around without the need to back up, removing snow and ice, prohibiting parking where required, and removal of any other obstacle.
21. No Person shall obstruct or hinder or attempt to obstruct or hinder an Officer or other authorized employee or agent of the City in the exercise of a power or the performance of a duty under this Bylaw.
22. Owners or Occupant are not eligible to dispose of Waste unless he or she conforms with all applicable standards and requirements of: (1) every by-law of the City; (2) every provincial or federal Act and regulation made under
23. an Act; and (3) every instrument of a legislative nature made or issued a provincial or federal Act or regulation.
24. Property Owner or Occupant in the Special Collection Area Set Out or permit the Setting Out of Waste prior to 4:30 p.m. of the day to the Scheduled Collection Day or any other day.
25. Property Owner or Occupant in the Special Collection Area Set Out or permit the Setting Out of Waste between 9:30 a.m. and p.m. daily.
26. Commercial Property Owner or Occupant in the Special Collection shall remove any Receptacle, or any items refused for collection or Set Out for collection, from the Collection Point, prior to 9:30 daily.

5.2. Conditions for Garbage Collection:

1. Owners or Occupants shall only Set Out Garbage for collection using Garbage Receptacles as defined in this Bylaw.
2. No Owner or Occupant shall Set Out more Garbage per Eligible Property per Scheduled Collection Day than the Garbage Limit described on Schedule "A" unless each excess Garbage Receptacle has a Garbage Bag Tag affixed to it.
3. All wet Garbage shall be drained and placed in a leak-proof container or bag prior to placement in a Garbage Receptacle.
4. Ashes shall be cold before being placed in a Garbage Receptacle.
5. Rigid container Garbage Receptacles Set Out for collection shall have lids attached in a fully closed position.
6. Garbage that is placed in rigid container Garbage Receptacles and exceeds the height level of the sides of the receptacle may be Tagged as being over the Garbage Limit and not collected.

5.3. Conditions for Household Organics Collection:

1. Household Organics will only be accepted for collection when Set Out using Household Organics Receptacles as defined in this Bylaw.
2. No Owner or Occupant shall Set Out a Household Organics Receptacle having a gross weight of more than 30 kg (66 lb) including the contents.
3. Household Organics in non-compostable bags will not be collected.
4. Household Organics Receptacles Set Out for collection shall have lids in the closed position.
5. Household Organics Receptacles may be Topped Up with Yard Waste.
6. Yard Waste Receptacles may not be placed out for collection with Household Organics Receptacles.
7. Household Organics Receptacles shall not be used exclusively for Yard Waste.

5.4. Conditions for Recyclable Materials Collection:

1. Owners or Occupants shall Set Out Recyclable Materials for collection using the appropriate Recycling Receptacle as identified in Schedule "D".
2. Paper should be placed in an untied plastic bag or tied in bundles to prevent blowing litter.
3. Shredded Shredded paper shall be placed in a tied clear plastic bag smaller than 0.9 m (3 ft) by 0.6 m (2 ft) by 0.2 m (8 in).
4. Boxboard Boxboard should be flattened and placed inside a larger Boxboard box or loosely in the Recycling Receptacle.
5. Polycoat should be flattened and placed loosely in the Recycling Receptacle.
6. Cardboard Cardboard with staples, tape and plastic outerwrap removed, shall be flattened, and both individual pieces and tied bundles shall be smaller than 0.9 m (3 ft) by 0.6 m (2 ft) by 0.2 m (8 in), or placed exclusively in an appropriate Recycling Receptacle.
7. Plastic bags shall be placed in another plastic bag and tied shut.
8. Plastic food and beverage containers, aluminum and steel cans, and glass bottles and jars shall be placed loosely in the Recycling Receptacle, not in plastic bags.
9. Styrofoam packaging and trays shall be either tied in bundles smaller than 0.9 m (3 ft) by 0.6 m (2 ft) by 0.2 m (8 in) or placed loosely in the Recycling Receptacle.
10. Recyclable items shall not contain residue.

5.5. Conditions for Yard Waste Collection:

1. Owners or Occupants shall only Set Out Yard Waste for collection using Yard Waste Receptacles as defined in this Bylaw.
2. No Owner or Occupant shall Set Out Yard Waste material in a plastic bag.
3. Yard Waste shall be Set Out by 8 a.m. on the Monday of the Yard Waste collection week scheduled in each area in appropriate Yard Waste Receptacles.
4. Brush shall be stacked with butt ends facing the street.

5.6. Conditions for Delivering Municipal Hazardous or Special Waste:

1. Eligible Property Owners or Occupants may deliver Municipal Hazardous or Special Waste to the Municipal Hazardous or Special Waste facility during operating hours.
2. No person shall deliver Unacceptable Items as listed on Schedule "E" to the Municipal Hazardous or Special Waste Facility.

5.7 Conditions for Delivering Recyclable Materials to KARC:

1. Eligible Property Owners or Occupants may deliver Recyclable Materials during operating hours.
2. No person shall deliver Unacceptable Items as listed on Schedule "D" to the Material Recovery Facility

5.8 Conditions for Delivering Yard Waste Materials to KARC:

1. Eligible Property Owners or Occupants may deliver Yard Waste during operating hours.
2. No person shall deliver Unacceptable Items as listed on Schedule "F" to the Yard Waste transfer site.

6.1. No Person shall deposit or allow the depositing of Waste outside the gate or entrance to a Waste Management Facility.

6.2. Private haulers and operators of commercial vehicles who transport Waste to a Waste Management Facility shall pay all applicable Fees.

6.3. No Person shall scavenge, salvage, pick over, interfere with, remove or scatter Waste at a Waste Management Facility.

6.4. No Person, while at a Waste Management Facility, shall:

1. indulge in any riotous, violent, threatening or illegal conduct, or use profane or abusive language;
2. create a nuisance or in any way interfere with the use of the Waste Management Facility by any other Person; or
3. operate a vehicle or do any other thing without exercising due care and attention, in a manner that causes or is likely to cause injury or harm to any Person or damage to any property.

6.5. Every Person using a Waste Management Facility shall obey all signs and directions from City and contracted staff.

6.6. Any Person entering upon a Waste Management Facility does so at one’s own risk and the Owner of any vehicle brought upon such site shall save the City harmless from any damages or claims whatsoever to themselves or their property or to any other Person or property whatsoever arising from such Person’s negligence or otherwise.

6.7. Any Person entering onto a Waste Management Facility shall abide by all policies and procedures relating to the operation including but not limited to the sorting of Wastes, payment of Fees, general and posted health & safety precautions and anything else described in or prescribed by this Bylaw.

7.1a Every Person who contravenes any provision of this Bylaw shall, upon issuance of a Penalty Notice in accordance with Administrative Penalty Process Bylaw 2020-69, be liable to pay to the City an Administrative Penalty as set out in Schedule B of the Administrative Penalty Process Bylaw.

7.1 Notwithstanding Part 7.1a of this Bylaw, any Person who contravenes any of the provisions of this Bylaw is guilty of an offence an upon conviction, is subject to a fine as provided for in the Provincial Offenses Act and to any other applicable penalties.

7.2 If this by-law is contravened and a conviction entered, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may, in addition to any other remedy and to any penalty that is imposed, make an order prohibiting the continuation or repetition of the offence by the Person convicted.

7.3 All costs, including any interest on such costs, recoverable by the City pursuant to this Bylaw or otherwise pursuant to the Municipal Act, 2001, may be recovered by any lawful means available to the City, and such recovery methods include adding such amounts to the tax roll and collecting such amounts in the same manner as taxes.

7.4 If a Person, who fails to remove any Waste when required to do so under the provisions of this Bylaw, is the registered owner of property within the City of Kingston, the City may add the amount of the costs incurred by the City in removing the Waste to the tax roll for that property and may collect the amount in the same manner as taxes.

7.5 Where an Officer has reasonable grounds to believe that an offence under this Bylaw has been committed by a Person, the Officer may require the name, address, and proof of identity of that Person.

7.6 Failure to provide proof of identification satisfactory to a Provincial Offences Officer when requested to do so pursuant to Section 7.5 of this Bylaw shall constitute obstruction of an Officer under Section 5 (v) of this Bylaw.

7.7 If a Person is required to pay an Administrative Penalty under section 7.1a in respect of a contravention of this Bylaw, the Person shall not be charged with an offence in respect of the same contravention.

7.8 In accordance with section 351 of the Municipal Act, 2001, as amended time to time, the treasurer of the City may add unpaid fees, charges and/or fines issued under this Bylaw to the tax roll and collect them in the same manner as property taxes.

8.1. Where a court of competent jurisdiction declares any section or part of a section of the Bylaw invalid, it is the intention of Council that the remainder of the Bylaw shall continue in force unless the court makes an order to the contrary.

9.1. This Bylaw may be referred to as the "Solid Waste Management Bylaw".

10.1. This Bylaw shall come into force on the day it is passed.