Burlington By-law 049-2022, s. 1.1 — In this by-law

In this by-law:

• “Administrative Monetary Penalties By-law ” means the Administrative Penalties By-law of the City of Burlington, as amended or replaced from time to time. “Administrative Penalty ” means an administrative penalty established by this By- law and specified in the Administrative Monetary Penalties By-law; “boulevard ” means that portion of the road allowance which is not used as travelled roadway or shoulder; “buffer strip ” means vegetative growth cut to the height of 20 centimeters or less; “City ” or “ City of Burlington ” means The Corporation of the City of Burlington; “City of Burlington Loose Leaf Collection Program ” means the short-term fall leaf collection program operated by the City of Burlington whereby an owner can leave or place leaves on the curb, shoulder or boulevard for collection based on a set schedule advertised by the City of Burlington. “Council ” means the Council of The Corporation of the City of Burlington; “ derelict vehicle ” includes but is not limited to a motor vehicle that:
• a) is inoperative by reason of removed wheels, battery, motor transmission or other parts or equipment necessary for its operation;
• b) is not in a roadworthy condition;
• c) is in a state of disrepair or unsightly by reason of missing doors, glass or other body parts;
• d) is inoperable and appears incapable of use as a means of lawful transportation; or,
• e) does not have affixed to it a valid license plate; “Director ” means the Director of Building and By-law Department, or delegate. “dumping ” means throwing, placing or disposing refuse on property or public property; “front lot line ” means any property line of the property abutting a street; “front yard ” means a yard extending across the full width of a property measured between the front lot line and the nearest part of a building on the property; “graffiti ” means one or more letters, symbols, drawings, etchings, messages or slogans, paintings or marks, howsoever made, applied to any surface, but does not include any of the following:
• a) a sign authorized pursuant to the City’s Sign by-law; or
• b) a sign, public notice or traffic control mark authorized by municipal, federal or provincial law; “lot ” or “ yard ” means the land within the boundary lines of a property, other than public property, not occupied by a principal building, if any, and includes grounds or vacant property; “motor vehicle ” means an automobile, truck, motorcycle, snowmobile, trailer, boat, recreational vehicle and any other vehicle propelled or driven by other than muscular power, or a traction engine, farm tractor, self-propelled implement of husbandry or road building machine within the meaning of the Highway Traffic Act, R.S.O. 1990, c.H8, as amended; “naturalized area ” means an area or vegetation deliberately planted or cultivated with one or more species of wild flowers, shrubs, annuals, perennials, ornamental grasses, or combination or them, that is monitored and maintained by a person; “noxious weed ” means a noxious weed designated by or under the Weed Control Act, R.S.O. 1990, c. W.5, as amended; “occupant” means a person over the age of 18 in possession of a property; “Officer ” means a police officer, a person appointed by the City of Burlington as

a municipal law enforcement officer, a by-law enforcement officer of the City and includes a person employed by the City whose duties are to enforce this By-law; “ornamental plants ” means a plant deliberately grown for beautification, screening, accent, specimen, colour or other aesthetic reasons but does not include vegetative growth as defined in this by-law. “owner ” means the registered owner of property and includes a lessee, a mortgagee in possession, and any person having care and control over any portion of the property under consideration, and includes an occupant of property; “person ” means an individual, firm, proprietorship, partnership, association, syndicate, trust, corporation, department, bureau or agency; “property ” means land including a building or structure, if any, or part of building or structure, and includes vacant property; “public property ” means property that is owned by the City or any of its boards and agencies, The Regional Municipality of Halton, Halton District and Halton Catholic School Boards, the Crown in Right of Ontario or any of its agencies or property of the Crown in Right of Canada or any of its agencies; “rear lot line ” means the property line farthest and opposite to the front lot line; “rear yard ” means a yard extending across the full width of a property measured between the rear lot line and the nearest part of a building on the property; “Region ” means The Regional Municipality of Halton; “side lot line ” means any property line other than a front or rear lot line; “sidewalk ” means that portion of a highway between the curb line and the property line of the lot abutting the highway and which is intended for the use of pedestrians; “side yard ” means a yard extending from the front yard to the rear yard measured between the side lot line and the nearest part of a building on the lot; “standing water ” means non-flowing, uncirculated, motionless, or stale water that has remained in a location for a period exceeding 7 days, but does not include water that is in a covered rain barrel or a swimming pool, hot tub, wading pool or artificial pond maintained in good repair and working order; “street” means a highway as defined in the Municipal Act, 2001; “tree ” means any species of woody perennial plant, including its root system that will reach a height of at least 4.5 meters at physiological maturity; “vegetative growth ” means woody or herbaceous plant material such as undergrowth, grass, brush, and common weeds (such as crab grass, dandelions, clovers, pigweed (amaranth), ribwort plantain, and buckhorn plantain) and includes various perennial grasses grown for lawns, of a type that forms a dense, uniform turf if mown; “waste ” or “ refuse ” means any article, thing, matter, substance, material or effluent, and includes, but is not limited to: