Hamilton : Règlement no 10-118, art. 2(1) — Yard Maintenance By-law

In this By-law:

• (12-140) “boulevard” means that portion of the road allowance which is not used as travelled roadway or shoulder;
• “City” means the municipality of the City of Hamilton or the geographic area of the City of Hamilton as the context requires;
• (19-100) “Director” means the City’s Director of Licensing and By-law Services and their designate or successor;
• “farm” means an agricultural operation as defined in the Farming and Food Production Protection Act, 1998 and includes such an operation that is not carried on with the expectation of gain but otherwise meets the definition in that Act;
• “graffiti” means any words, figures, letters, numbers or drawings sprayed, scribbled, scratched, etched or otherwise applied on a surface;
• “inoperative machinery” includes but is not limited to machinery that is unable to be operated as a result of being dismantled, broken or incomplete, decayed or dilapidated;
• (19-173) “inoperative vehicle” means a vehicle and a motorized snow vehicle, as those terms are defined in the Highway Traffic Act, that may not be lawfully operated on a highway for any of the following reasons:
• (i) it has missing, broken, incomplete, decayed, or damaged parts or components; or
• (ii) it is in a derelict condition; (25-199) “naturalized area ” means a property or a portion of a property deemed a naturalized area; an area is deemed to be a naturalized area if the property or portion of property is intentionally cultivated, designed and maintained and which includes a combination of species of plants that are deliberately implemented to produce ground cover and may consist of one or more species of wildflowers, annuals, perennials, shrubs and grasses or a combination thereof, but does not include turfgrass; “normal farm practices” means normal farm practices as defined in the Farming and Food Production Protection Act, 1998; “noxious weed” means a noxious weed designated under the Weed Control Act including any weed designated as a local or noxious weed under a by-law of the City passed under that Act; “occupant” means a person over the age of 18 in possession of a property; (19-100) “officer” means a person appointed by the City of Hamilton or assigned by the Director to enforce this By-law; (25-199) “ornamental plant ” means a plant deliberately grown for beautification, screening, accent, specimen, colour or other aesthetic reasons but does not include any variety of turfgrass; “owner” includes each owner and occupant of a property; “property” means land including a building or structure, or part of a building or structure; (25-199) “turfgrass ” means ground cover of various perennial grasses grown for lawns, of a type that forms a dense, uniform turf if mown; (19-173) “urban boundary” means the urban boundary as defined in the City’s Urban Official Plan and the settlement area boundaries of the Rural Settlement Areas of the City as defined in the City’s Rural Official Plan; “waste” means a substance or material that is unusable or unwanted and includes but is not limited to:
• (i) animal feces;
• (ii) broken or discarded material;
• (iii) disconnected appliances and parts of such appliances;
• (iv) firewood not stacked neatly;
• (v) indoor furniture;
• (vi) inoperative machinery, inoperative vehicles, parts of such machinery not packaged for immediate shipment or parts of vehicles not packaged for immediate shipment;
• (vii) material resulting from construction, demolition, repair or renovation projects,
• (viii) piping, ducting, tubing, conduits, cable, wire and fittings or related accessories not packaged for immediate shipment;
• (ix) torn or cut twigs or branches;
• (x) waste lumber, and does not include waste that is contained, in compliance with all applicable laws and by-laws, in a salvage yard with a current and valid licence under the City’s Licensing By-law; “watercourse” means an identifiable depression in the ground in which a natural flow of water occasionally, regularly or continuously occurs, but does not include a swale shaped or graded in earth materials and stabilized with site suitable vegetation for the conveyance of storm water runoff; and “yard” means the land within the boundary lines of a property not occupied by a principal building, if any, and includes grounds or vacant property. VEGETATION (25-199)
• (a) Every owner or occupant of property shall keep turfgrass and vegetation in the yard of their property clean and cleared up.
• (b) Paragraph
• (a) does not apply to:
• (i) crops being grown on a farm; or
• (ii) a property located outside the urban boundary. (25-199)
• (c) For the purposes of paragraph (a), to “clean” or “clear up” means:
• (i) for property located inside the urban boundary that is equal to or less than 0.4 ha in area, to keep all turfgrass and vegetation cut to a height of equal to or less than 21 cm, except: