|By-Law No.||Date Passed at Council|
|PW-2-95001||March 20, 1995|
|PW-2-21002||May 4, 2021|
|PW-2-21003||September 14, 2021|
OFFICE CONSOLIDATION (September 14, 2021)
A by-law to provide for the REGULATION AND CONTROL OF THE STORAGE AND ABANDONMENT OF UNATTENDED AND UNSAFE BOXES AND CONTAINERS
WHEREAS the Council of The Corporation of the City of London deems it essential and expedient to regulate and control the storage and abandonment of certain unattended and unsafe boxes and containers by reason of the danger to the health, safety and welfare of the inhabitants of the said City of London and to prohibit and abate such public nuisances;
THEREFORE the Municipal Council of the Corporation of the City of London enacts as follows:
SHORT TITLE: ABANDONED REFRIGERATOR, FREEZER AND CONTAINER BY-LAW
Part 1: REFRIGERATORS - FREEZERS - ICE BOXES
1.1 Not in use - removal - doors - locks
No person, persons or corporation shall leave, keep or permit upon any land or in or upon any premises occupied by said person, persons or corporation or under their control, in a place accessible to children, any ice-box, refrigerator, freezer or other container not then being used for the purpose for which it was manufactured or produced, without first removing all locks and doors therefrom, and taking such other adequate precautionary measures as may be required to prevent any person from being trapped in such ice-box, refrigerator, freezer or other container or any part thereof.
1.2 Disposal - abandonment - doors - locks - removed
No person, persons or corporation shall dispose of or abandon upon any land or premises of another in any place accessible to children any ice-box, refrigerator, freezer or similar container unless all the locks and doors thereon have been first removed.
Part 2: EXCEPTIONS
2.1 Delivery - by manufacturer - dealer
Section 1.1 of this by-law shall not apply where an ice-box, refrigerator, freezer or other container is being delivered by a manufacturer or dealer in such goods.
2.2 Storage - display - for sale - within building
Section 1.1 of this by-law shall not apply where an ice-box, refrigerator, freezer or other container is being stored, or displayed for sale by a manufacturer of or dealer in such goods within a building partly or wholly occupied by or under the control of the said manufacturer or dealer.
2.3 Exhibition - supervised - doors - not openable
Section 1.1 of this by-law shall not apply where an ice-box, refrigerator, freezer or other container is being exhibited at an agricultural, horticultural, industrial or sporting exhibition or fair, when a supervisor, in the person of the exhibitor or a person acting as their duly authorized agent, are in attendance at the location of the said exhibit or in the alternative, all doors on all ice-boxes, refrigerators, freezers or other containers so exhibited are rendered incapable of being opened from the outside.
2.4 Precautions - adequate - prevention of entrapment
In all the exceptions under this Part, and in addition to any specific requirement set out in this by-law, adequate precautions shall be taken to prevent any person being trapped in such ice-box, refrigerator, freezer or other container.
Part 3: ENFORCEMENT
3.1 Fine - for contravention
Any person who contravenes any provision of this by-law is, upon conviction, guilty of an offence and is liable to any penalty as provided in the Provincial Offences Act.
3.2 Continuation - repetition - prohibited - by order
The court in which the conviction has been entered and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to any other penalty imposed on the person convicted.
3.3 Default - not remedied - done at owner's expense
Where anything required to be done in accordance with this by-law is not done, the Director, Municipal Compliance or their written designate for The Corporation of the City of London appointed pursuant to the Building Code Act may, upon such notice as he deems suitable, do such thing at the expense of the person required to do it and such expense may be recovered by action or in like manner as municipal taxes.
3.4 Administrative Monetary Penalty
Each person who contravenes any provision of this By-law shall, upon issuance of a penalty notice in accordance with the Administrative Monetary Penalty System By-law A-54, be liable to pay the City an Administrative Monetary Penalty.
Part 4: REPEAL - ENACTMENT
4.1 By-law - previous
By-law P.W.-91-584 is hereby repealed.
4.2 Effective date
This by-law comes into force on November 15, 1993.
Passed in Open Council on November 15, 1993.
T.C. Gosnell, Mayor
K.W. Sadler, City Clerk
First Reading, Second and Third Reading - November 15, 1993