City of Vernon

SANITATION BYLAW
#1914
Consolidated for Convenience

T HE C ORPORATION

OF THE

C ITY

OF

V ERNON

B YLAW N UMBER 1914 B YLAW NO.

2392 2692 4379 5099 July 28, 1975 May 30, 1978 July 7, 1997 Sept 10, 1997 Amendment to Division two General Definitions, Section 202 Amendment to repeal Section 304 and replace. Amendment to Division Eleven Amendment to delete Sec. 304 a)

A DOPTION

A MENDMENT

THE CORPORATION OF THE CITY OF VERNON SANITATION BYLAW NUMBER 1914, 1970 INDEX DIVISION ONE DIVISION TWO DIVISION THREE 300 (a) & (b) (c) 301 302 (a) (b) (c) & (d) 303 304 (a) (b) & (c) 305 306 (a) (b) & (c) 307 (a) (b) & (c) 308 309 310 311 311 (a) (b) & (c) DIVISION FOUR 401 402 403 DIVISION FIVE DIVISION SIX DIVISION SEVEN DIVISION EIGHT DIVISION NINE DIVISION TEN DIVISION ELEVEN DIVISION TWELVE DIVISION THIRTEEN DIVISION FOURTEEN PREAMBLE GENERAL DEFINITIONS GENERAL REGULATIONS Damaged or Dilapidated Buildings Written Notice re: Nuisance Notice to Remedy Notice to Remedy Toilet Facilities - Domestic Toilet Facilities - Domestic Toilet Facilities - Commercial Domestic Water Facilities Wells Wells - Health Hazard Ice (Unfit) Toilets - Water Flushed Sewer Connections Sewer Connections OUTDOOR PRIVIES Notification to Remove Enforcement to Remove Temporary Permit SEWAGE DISPOSAL - Septic Tanks, Etc. ANIMAL & VEGETABLE REFUSE SANITARY MAINTENANCE OF PREMISES UNFIT FOODSTUFFS DAIRY PRODUCTS BAKERY PRODUCTS LIVESTOCK WITHIN CITY LIMITS PIGEONS & LOFTS PENALTIES AUTHORIZATION

THE CORPORATION OF THE CITY OF VERNON BYLAW NUMBER 1914 A bylaw to provide for sanitary standards throughout The Corporation of the City of Vernon

The Council of The Corporation of the City of Vernon, in open meeting assembled, enacts as follows: 1. This bylaw may be cited as the City of Vernon "Sanitation Bylaw Number 1914, 1970".

DIVISION ONE - PREAMBLE 100 Short Title This bylaw may be referred to as the "Sanitation Bylaw" of The Corporation of the City of Vernon. 101 Purpose To provide standards of Sanitation and Public Health within the City of Vernon. 102 Definitions All words and phrases shall have their normal or common meaning except where the same is changed, modified or expanded by the definitions as set forth in Division Two of this bylaw. 103. Basic Provisions (a) (b) Subject to the "Health Act", the Council of The Corporation of the City of Vernon shall regulate and enforce the requirements as set out in this bylaw. This bylaw shall apply to all premises, dwellings and real property within the Corporate limits of the City of Vernon.

PAGE 2 BYLAW NUMBER 1914

DIVISION TWO - GENERAL DEFINITIONS

200 201 202

"City" shall mean The Corporation of the City of Vernon. "Council" shall mean the Council of The Corporation of the City of Vernon, and shall include the meaning of the "Local Board" as defined in the Health Act. "Inspector" shall mean and include the City Engineer or person or persons appointed by him to fulfill and carry out the duties of "Sanitary Inspector" for the City of Vernon and/or the North Okanagan Health Unit and its Sanitary Inspectors. "Owner" shall mean the assessed owner of real property within the City, and shall "Occupant" and "Occupier" shall each include every person for the time being in charge of any premises. "Sewered Area" shall mean and include all lands within the Corporate boundaries of the Municipality served by or reasonably capable of being served by a sanitary sewer; and shall include all areas within the Municipality and not now sewered areas, but which become sewered areas after the date of this bylaw, as and when such areas become sewered areas. For the purposes of this bylaw, all titles, words and terms defined in the Health Act and the Sanitary Regulations of the Province of British Columbia shall bear the same meaning and interpretation throughout this bylaw, as set out in the said Regulations and Health Act.

203 204 205

206

PAGE 3 BYLAW NUMBER 1914 DIVISION THREE - GENERAL REGULATIONS

300

(a)

Damaged or Dilapidated Buildings Any condition which is or may become injurious or dangerous to health, or prevent or hinder in any manner the suppression of disease, or is indecent or offensive to the senses, or an obstruction to the free use of the property so as to interfere with the comfortable enjoyment of life or property by the community at large or by two or more persons, and any premises in a damaged or dilapidated condition so as to constitute a hazard or a danger to persons or property of the occupants of such premises, if any, or to children or other members of the public at large, shall be deemed a nuisance within the meaning of this bylaw.

(b) (c)

Every person causing or abetting a nuisance shall be guilty of an offence against this bylaw. Written Notice re: Nuisance Council may, by notice in writing, require any person causing or abetting a nuisance to abate the nuisance within the time specified in the notice, and in default, Council may cause such nuisance to be abated and may recover the cost of abatement from such person.

301

Notice to Remedy If the Inspector, after due examination, certifies to the Council that any premises or any portion of any premises are unfit for human occupancy or a nuisance or dangerous to the public, Council may give notice in writing requiring the owner to remedy such condition, and if such condition is not remedied within the time specified in the notice, then Council may give notice in writing to the occupiers to quit the premises on or before a date to be specified in such notice.

302

(a) (b)

Every person who fails to comply with the terms of any notice given pursuant to the provisions of this bylaw thereby commits an offence against this bylaw. If any person should fail or neglect to comply with the terms of any notice directed to him under the terms of this bylaw, then Council may cause the offending condition to be rectified and may recover the cost of such rectification from such person. Should any person fail or neglect to quit any premises within the time limited in any notice requiring such person to quit pursuant to this bylaw, Council may cause such person to be removed from such premises until the Inspector has certified that such premises conform with the provisions of this bylaw.

(c)

PAGE 4 BYLAW NUMBER 1914

DIVISION THREE - GENERAL REGULATIONS, CONT'D. 302 (d) Where any premises or portion thereof are certified by the Inspector as unfit for human occupancy, then the Inspector shall give notice of such certification to the owner of such premises, and shall place or cause to be placed in a conspicuous place on or about such premises a copy of such notice or a notice stating that such premises are unfit for human habitation. Toilet Facilities - Domestic It shall be the duty of every owner of every house, apartment or place where the public do, or may, gather within the City to provide for the occupants and employees adequate toilet facilities. 304 (a) All premises constructed or commenced to be constructed after the installation of a sewer main to which such premises are reasonably capable of being connected shall be connected with such sewer main prior to the use or human occupation of such premises. Where a sewer main is proposed or under construction, no septic tank shall be constructed on, or connected with any premises on, or being erected on, any parcel of land reason-ably capable of being connected with such sewer main or sewer main under construction, save for such temporary septic tank as may be specifically authorized by permit under the provisions of the Plumbing Bylaw. Each such temporary septic tank shall be removed within thirty (30) days after the date on which such sewer main is authorized for use. Toilet Facilities - Commercial It shall be the duty of the operator of every business where food is prepared or handled to provide for the use of the employees and patrons of the business separate toilet facilities and washing facilities, including soap and individual towels, for the washing of hands, all in accordance with the requirements of the regulations made by "Order-In-Council Number 4136" as approved on the 16th day of November, 1971, by the Provincial Authority and referred to as "Regulations Governing the Sanitation and Operation of Food Premises".

303

(b)

305

PAGE 5 BYLAW NUMBER 1914 DIVISION THREE - GENERAL REGULATIONS, CONT'D. 306 (a) Domestic Water Facilities It shall be the duty of the owner of every house, apartment house, place of business or premises to which the public has access to provide for the occupants and employees therein a safe and sufficient water supply for drinking, washing and toilet facilities. No occupant or other person shall permit the use of common drinking utensils or towels in any public place. Where a water main exists or is in the process of being constructed, the owner of every house, apartment house, auto court, place of business, factory, school, theatre, hall or public building reasonably capable of being connected with such main, may be required by Council within one year from the date on which such main becomes available for use, to connect or cause to be connected such premises with such main; and where any new construction intended for human use or occupation is undertaken on a parcel of land reasonably capable of being connected with an existing water main, the owner of such property on which such construction is under-taken shall cause such premises to be connected with the existing water main prior to the commencement of the human use or habitation of such premises. Wells (a) If the Inspector, after due examination, certifies to Council that any well is unsafe or constitutes a danger to health, then Council may order the use of such well to be discontinued forthwith and may order the well to be filled in. Should any owner to whom such order is directed fail to comply with such order within the time limited in the notice of such order served upon him or delivered to him, the Council shall cause the terms of the order to be complied with and shall recover the expenses thereby incurred from such owner. No well shall be used as a privy, privy vault, cesspit or septic tank. Wells - Health Hazard In every case where the Inspector certifies that the water from any well, spring or other supply is unfit for human consumption, then the use of such water shall be discontinued forthwith, and no person shall use or permit to be used such water unless and until the Inspector certifies the same to be fit for human consumption.

(b) (c)

307

(b)

(c) 308

PAGE 6 BYLAW NUMBER 1914

DIVISION THREE - GENERAL REGULATIONS, CONT'D. 309 Ice (Unfit) No person shall use or permit to be used or distributed any ice after notice that the Inspector has certified such ice unfit for human consumption. 310 Toilets - Water Flushed There shall be no toilet in a building containing sleeping, eating or other living accommodation unless such toilet is water-flushed, and unless otherwise approved by the Medical Health Officer. 311 Sewer Connections No waste disposal system shall be established or constructed which does not connect with the public system of sewerage wherever such facilities are available and such connection is feasible, and in the case of existing disposal systems already in use and not connected with the public sewerage system, the following provisions shall apply: (a) The system shall be designed to receive all sewage including laundry and kitchen wastes, but not roof water or other storm water drainage. It shall consist of a septic or settling tank with or without a siphon compartment, discharging into either a subsurface disposal field or one or more seepage pits. Where soil or other conditions are such that neither a field nor seepage pit can be used, the approval of an alternative design shall be obtained from the Inspector. The distance between a septic tank and any source of domestic water supply shall be not less than fifty feet (50'), and the minimum distance between the tank and any building shall be three feet (3'). All rooms containing toilet facilities shall be ventilated in accordance with the National Building Code of Canada and all amendments thereto.

(b)

(c)

PAGE 7 BYLAW NUMBER 1914

DIVISION FOUR - OUTDOOR PRIVIES

400

Outdoor Privies From and after the 1st day of July, 1970, no person shall suffer or permit any outdoor privy to be erected, used or maintained in any sewered area within the City, and all outdoor privies presently existing on such lands or hereafter erected on such lands shall be removed or dismantled and the pits filled in.

401

Notification to Remove In the event that any outdoor privy continues to exist on lands within a sewered area within the City after the 1st day of July, 1970, then the Council may order the owner, agent, lessee or occupier of land on which such outdoor privy is located to remove, pull down, fill up or otherwise deal with such privy as Council may determine, and within such time after the service of the order as may be therein named. Service of an order made under this paragraph shall be effected by sending a copy of the order by return registered mail to the owner of the lands upon which such building, structure or erection stands and to all other persons whose names appear on the records of the Land Registry Office as having an interest in the said lands and to the agent, if known, of the registered owner thereof and to the lessee and occupier thereof, if any, the same to be sent to the last known address of each interested person herein referred to.

402

Enforcement to Remove Council may further order that in case of default by the owner, agent, lessee or occupier to comply with the order within the period named in such order, the City by its workmen and others may enter and effect such removal, pulling down, filling up or other dealing with the same at the expense of the person so defaulting, and may further order that the charges for so doing (including all expenses incidental thereto), if unpaid on the 31st day of December in any year, shall be added to and form part of the taxes in respect of that land or real property as taxes in arrears.

403

Temporary Permit Notwithstanding anything contained in this bylaw, the Inspector may issue a special permit for the construction and use of an indoor privy on a temporary basis and on such terms and conditions and for such period of time as may be prescribed in such permit.

PAGE 8 BYLAW NUMBER 1914

DIVISION FIVE - SEWAGE DISPOSAL

500

Regulations governing Sewage Disposal shall in all respects conform to the requirements of the Health Act and all amendments thereto.

PAGE 9 BYLAW NUMBER 1914

DIVISION SIX - ANIMAL & VEGETABLE REFUSE

600

No householder, hotel or restaurant owner, operator of a business where animal or vegetable refuse accumulates, or other person shall dispose of any garbage or refuse otherwise than by burning, burial or placing the same in a covered, impervious container, the contents of which shall be regularly removed in accordance with the Garbage Disposal Bylaw, or by means of automatic disposal facilities.

PAGE 10 BYLAW NUMBER 1914

DIVISION SEVEN - SANITARY MAINTENANCE OF PREMISES

700

All cellars, yards and premises shall be kept and maintained in a clean and sanitary condition at all times.

PAGE 11 BYLAW NUMBER 1914

DIVISION EIGHT - UNFIT FOODSTUFFS

800

No person shall offer for sale for human consumption within the City as food, any diseased animal, or any meat, fish, fruit, vegetable, milk or other article of food or comestible substance which is, in the opinion of the Inspector, unfit for human consumption.

PAGE 12 BYLAW NUMBER 1914

DIVISION NINE - DAIRY PRODUCTS

900

Milk served or intended to be served in public eating places shall be served in the original container, which shall be opened in the presence and sight of the person for whom it is intended, or from a bulk dispenser which has been approved by the Inspector.

PAGE 13 BYLAW NUMBER 1914

DIVISION TEN - BAKERY PRODUCTS

1000

No baker, manufacturer of bread or bakery produce, retailer or other person shall transport, display for sale or store any break, cake, cookies or other bakery produce unless the same shall be adequately protected by wrapping, covering, enclosing or otherwise dealing with same in a manner approved of by the Inspector.

PAGE 14 BYLAW NUMBER 1914

DIVISION ELEVEN - LIVESTOCK WITHIN CITY LIMITS 1100 (a) No persons shall keep cows, horses, goats, pigs, chickens, turkeys, ducks, geese, guinea fowl, pigeons, pheasants or other livestock within the City limits except as provided in the City's Zoning Bylaw and as amended from time to time and subject to subsection (b). All livestock and poultry where permitted shall be kept in pens, fenced areas or other suitable enclosures, the design of which will prevent the livestock or poultry from escaping from same. Rabbits may be kept as family pets providing there are no more than three adult rabbits per family, and are kept in compliance with subsection (b) herein. Livestock shall not be permitted to roam outside the above noted enclosures except in the presence of and under the control of the owner thereof or his agent.

(b)

(c)

(d)

PAGE 15 BYLAW NUMBER 1914

DIVISION TWELVE - PIGEONS AND LOFTS

1200

No person shall have or keep any live pigeons in the City unless he holds a permit issued by the Inspector, provided that the Inspector shall refuse to issue or may revoke such permit if the following conditions are not complied with. (a) All pigeon lofts must be ventilated in accordance with good practice as defined by the National Building Code. All pigeon lofts and all ground adjacent to such lofts must be kept neat and clean at all times. All pigeon lofts must be a minimum of five feet (5') and a maximum of seven feet (7') high; must provide a minimum of two square feet (2 sq.ft.) of floor space for each pigeon; and shall be no closer than forty feet (40') to any public or private building other than that of the owner of the loft or his immediate family. In addition to a loft area, each pigeon must be provided with four square feet (4 sq.ft.) of aviary space. All pigeons must be confined to a loft except during the hours of 6:00 o'clock to 8:00 o'clock in the forenoon, and 6:00 o'clock to 8:00 o'clock in the afternoon. All flights must be personally supervised by the owner of the flock. No person shall have more than one pigeon loft and no such loft shall contain more than eight (8) adult pigeons, and the owner of the pigeon loft must reside on the premises. No building shall be used as a loft for pigeons unless it has been specifically designed for the purpose and meets all requirements of the City of Vernon Building Bylaw.

(b)

(c)

(d)

(e)

PAGE 16 BYLAW NUMBER 1914

DIVISION THIRTEEN - PENALTIES 1300 Any person guilty of any infraction of this bylaw shall, on summary conviction, be liable to a fine of not more than Two Hundred Dollars ($200.00) and costs for each offence.

PAGE 17 BYLAW NUMBER 1914

DIVISION FOURTEEN - AUTHORIZATION

1400

READ A FIRST TIME this 25th day of May, 1970. READ A SECOND TIME this 25th day of May, 1970. READ A THIRD TIME this 25th day of May, 1970. APPROVED in accordance with the Municipal Act and all amendments thereto this 2nd day of June, 1970.

1401

"J.A. Taylor" Deputy Minister of Health 1402 CERTIFIED to be a true and correct copy of Bylaw Number 1914 this 26th day of May, 1970.

"D.H. Brown" City Clerk 1403 RECONSIDERED, FINALLY PASSED AND ADOPTED this 8th day of June, 1970.

"G. Schuster" Acting Mayor

"D.H. Brown" City Clerk