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VILLAGE OF BARNWELL
BYLAW NO.02-24
Page 1 of 13
BEING A BYLAW OF THE VILLAGE OF BARNWELL, IN THE PROVINCE OF ALBERTA,
FOR THE PURPOSE OF GOVERNING WATER USE AND WATER CONSERVATION
MEASURES DURING EVENTS OF WATER SHORTAGE WITHIN THE VILLAGE OF
BARNWELL.
WHEREAS pursuant to the provisions of the Municipal Government Act, R.S.A. 2000, Chapter
M-26, and amendments made thereto, the Council is authorized to pass bylaws for municipal
purposes respecting services provided by or on behalf of the Village, as well as to enforce
those bylaws.
AND WHEREAS the Municipal Council for the Village of Barnwell deems it advisable and
necessary to make provisions for the conservation and restriction of the use of water and for
the protection of the supply of water;
NOW THEREFORE the Council of the Village of Barnwell in the Province of Alberta, duly
assembled, hereby enacts as follows:
1.0
NAME OF BYLAW
This Bylaw may be cited as the "Water Conservation Bylaw."
2.0
DEFINITIONS
In this Bylaw:
Act
means the Municipal Government Act,
R.S.A. 2000, C. M-26, any regulations
thereunder, and any amendments or
successor legislation thereto;
Address
refers to the number identifying a
building, sometimes commonly referred
to as "house number," though this
number may also refer to commercial
addresses.
Bylaw
means the Water Conservation Bylaw
established by the Municipality;
Bylaw Enforcement Officer
means a person or persons appointed by
the Chief Administrative Officer for the
Village of Barnwell pursuant to the
provisions of the Municipal Government
Act, Sections 555(1) and 556(a) and (b);
VILLAGE OF BARNWELL
BYLAW NO.02-24
Page 2 of 13
Chief Administrative Officer
means the Chief Administrative Officer
(CAO) for the Village, regardless of the
specific title that may be conferred on the
Officer by Council from time to time;
Council
means the entire elected body of officials
for the Village of Barnwell and includes
the Mayor;
Customer
means
a
residential,
commercial,
industrial or institutional customer that
uses Water for any purpose from the
Village of Barnwell's water distribution
system with charges from the Village of
Barnwell for providing the service;
Municipality
means the Village of Barnwell;
Non-Essential Water Use
means the use of Water that does not
have any health or safety impacts, is not
required by regulation, and includes but
is not limited to:
-
Washing and/or pressure washing
of vehicles, streets, sidewalks,
parking lots and other paved areas
or
building
exteriors,
unless
necessary for maintaining public
sanitation and/or safety.
-
Irrigation of lawns, trees, fields, and
ornamental
plants
(including
through
timed
or
programmed
sprinkler systems).
-
Filling
of
decorative
fountains,
swimming pools, hot tubs, or similar
recreational water toys.
-
Any other uses deemed non-
essential by the CAO on an event
specific basis, given the severity
and specific circumstances of the
specific event.
Peace Officer
means a Police Officer defined under
the Police Act Chapter P-17 R.S.A.
2000, or a Community Peace Officer
defined under the Peace Officer Act
Chapter P-3.5. and includes a Bylaw
Enforcement Officer.
VILLAGE OF BARNWELL
BYLAW NO.02-24
Page 3 of 13
Outdoor Water Use
means the use of Water outside of the
building by customers, occupants and/or
owners for the purpose of:
-
Filling of outdoor pools, hot tubs, or
similar uses;
-
washing of vehicles, driveways,
sidewalks, or garage floors;
-
filling of any fountains, ponds, or
other decorative features;
-
washing of exterior windows,
siding, or stucco on buildings;
-
watering of lawns, trees, fields,
gardens, and ornamental plants
(including through timed or
programmed sprinkler systems);
-
conducting any other outdoor
water activity similar in nature
to the foregoing.
Person
means any individual, corporation,
society, association, partnership, or
firm.
Premises
means any land, building or part of a
building supplied with Water by the
Village of Barnwell's water distribution
system.
SMRID Users
shall mean a residential, commercial,
industrial
or
institutional
customer
within the corporate limits of the Village
of Barnwell that uses raw Water for any
purpose from the St. Mary's River
Irrigation District ("SMRID") system
who receives charges from the SMRID.
Vehicle
means a device in or by which someone
travels, or something is carried on or
conveyed including but not limited to
cars,
trucks,
tractors,
trailers,
recreational
vehicles,
all-terrain
vehicles (ATVs) and motorcycles.
Village
means the Village of Barnwell, a
VILLAGE OF BARNWELL
BYLAW NO.02-24
Page 4 of 13
Municipal Corporation, in the Province
of Alberta, or the geographical area
contained within the boundaries of the
Village of Barnwell, and/or serviced by
the Village as the context may require;
Violation Ticket
means a ticket which is authorized by
the Municipal Government Act, R.S.A.
(2000), Chapter M-26 or under the
Provincial Offences Procedure Act,
R.S.A. (2000), Chapter P-34, issued
under Part 2 or Part 3, for any bylaw
offence in which a penalty may be paid
out of court in lieu of appearing to
answer a summons;
Water
means potable and/or raw water
supplied by the Village of Barnwell's
water distribution system and/or Saint
Mary's River Irrigation District ("SMRID")
to a Premises within the Village, and
water supplied by the Village of
Barnwell's water distribution system to
a Premises outside of the Village
municipal boundaries.
Water Restriction
means the applicable restriction on
Water use imposed by the CAO (Level I
or Level II) or Counsel (Level III) as
described in Schedule "A."
Water Station
means a Village of Barnwell truck
loading
station
supplied
for
the
purpose of providing potable water,
with charges by the Village for
providing this service.
3.0
SUPPLY AND MANAGEMENT
3.1
The Village of Barnwell presently provides water to all customers through
either the Village water distribution system for water, or the Water Station. At
times where drought conditions exist in Southern Alberta, or as otherwise
determined by the CAO, that affect the overall water supply of the Village, the
Village will undertake the following:
3.1.1 Assist all customers by providing information that will encourage water
conservation;
3.1.2 Encourage any commercial, industrial, or institutional customers to
implement water conservation technologies; and
VILLAGE OF BARNWELL
BYLAW NO.02-24
Page 5 of 13
3.1.3 Manage the overall supply of water in the Village in order to comply
with requirements by all water suppliers and users in the region
through regulation, restriction, or prohibiting the use of water as set
out in this Bylaw, any amendments hereafter or by a resolution of
Council, duly enacted, for specific water use restriction issues.
4.0
WATER CONSERVATION AND RESTRICTION STRATEGIES
4.1
The Village may restrict, regulate, or prohibit the amount of, usages, and/or
hours during which Water may be used for any purpose other than for
firefighting.
4.2
For the purposes of implementing Water Restrictions, odd and even
addresses will refer to the "house number," of the Premises not the street or
avenue number. For example, the address 921-2 Avenue will be considered
an odd numbered address as the "house number" ends with a one (1).
4.3
Water Restrictions may include limitations on the use of Water for any non-
essential uses, including aesthetic or recreational purposes, as deemed
necessary by the Village.
4.4
The CAO shall have the sole discretion to declare a water shortage and
implement Levels I and II Water Restrictions upon having undertaken the
following:
4.4.1 Consultation with Alberta Environment as the Village's water license
holder or;
4.4.2 Consultation with the St. Mary River Irrigation District as the supplier of
water services to the Village and area or;
4.4.3 Discussions with the Municipal District of Taber and/or the Town of
Taber or;
4.4.4 Discussions with Public Works or designate;
4.5
These actions may become effective immediately and are at the CAO's
discretion for Levels I and II Water Restrictions, having regard to factors
including the raw water supply rate, the reservoir or potable water reservoir
levels, or the reliable raw water withdrawal rate. That may include, without
limitation, determining whether the reliable raw water consumption/withdrawal
rate that feeds the potable water system drops below:
4.5.1 The system wide average annual daily raw water demand for a
significant period;
4.5.2 the flow rate needed to adequately replenish the raw water reservoir in
a timely manner, or;
VILLAGE OF BARNWELL
BYLAW NO.02-24
Page 6 of 13
4.5.3 any other flow associated with a critical water system issue that
necessitates Water Restrictions.
4.6
Council shall have the sole authority to restrict Water usage for the Village at
Level III Emergency Mandatory Water Restrictions. A resolution of the Council
shall be required to enact Level III Water Restrictions, and a rescinding
resolution required to lift Level III Restrictions.
4.6.1 Should Council enact Level III Restrictions while a Level I or II
Restriction is in place, the resolution of Council will automatically
override the existing level, and the Level III Restrictions shall take
immediate effect upon the resolution being passed by majority vote of
Council.
4.6.2 Should Council rescind Level III Restrictions, but the CAO determines
Level I or II Restrictions remain necessary, the CAO will enact an
appropriate level at their discretion only after a rescinding resolution of
Council is passed.
4.7
When the CAO has declared a state of Water shortage:
4.7.1 The CAO may impose a Level I or Level II Water Restriction as set out
in Schedule "A" provided the form in Schedule "B" is signed by the CAO.
4.7.2 The CAO shall not be required to impose levels of restriction in
successive stages but may proceed to impose any level of restriction
the CAO has determined is warranted in the circumstances.
4.8
The Village shall provide notice of the state of Water shortage and the Water
Restriction imposed through whatever media sources the CAO or designate
determines sufficient and may include but not be limited to, signage, website,
social
media,
direct
mailing,
and
bulk
media
notification,
and/or
radio/television/newspaper.
4.9
When the CAO has imposed a Level I or Level II Water Restriction, no Person
shall use Village supplied Water at any Premises, or SMRID Water at any
premises located in the Village which is contrary to the restrictions as set out
in Schedule "A."
4.10
The state of Water Restriction once imposed shall remain in effect until the
CAO declares that the risk to the overall water supply has improved to an
acceptable level and the Water Restriction has ended. The CAO shall rescind
the Water Restriction using the form in Schedule "C."
4.11
An end to the Water Restriction will also be duly advertised to the public upon
its termination.
4.12
Regardless of any Water Restriction in effect, Water conservation measures
will be promoted during times of low water levels by encouraging
conservation activities.
VILLAGE OF BARNWELL
BYLAW NO.02-24
Page 7 of 13
5.0
EXCEPTIONS
5.1
For the purposes of this bylaw, municipal operations including (but not limited
to) the use of Water in municipal facilities, municipal greenspaces, and other
municipal services are exempted from Water Restrictions in order to maintain
service levels to the community.
5.1.1 Notwithstanding the above, the Village of Barnwell will make efforts to
either limit, reduce, or eliminate non-essential Water usage in municipal
spaces and services wherever and whenever possible when Water
Restrictions are put in place. What shall be deemed non-essential to
municipal operations will be at the discretion of the CAO and
implemented on a case-by-case basis in relation to any restrictions that
may be imposed.
5.1.2 The CAO may also choose to enact municipal-specific water restrictions
within various municipal spaces as deemed prudent for Water
conservation up to and including ceasing any services the CAO deems
necessary until such time that the CAO determines the restrictions are
no longer necessary.
5.2
In the event of Water Restrictions, fire hydrant flushing by the Village of
Barnwell will be allowed to occur to safeguard public health and safety.
5.2.1 Notwithstanding the above, during months whereby the Village of
Barnwell is pulling water directly from the Chin Reservoir and the water
level is not sufficient to engage the normal operation of the raw water
pump house, fire hydrant flushing shall not occur.
5.3
Gardens cultivated exclusively for food consumption may be watered during
Levels I and II Water Restrictions, subject to compliance with such restrictions
contained therein, including limitations to times/dates for watering as outlined
in the Water Restrictions or restrictions on how the garden can be watered (ie:
hand watering for Level II). Gardens are not exempt from Level III restrictions.
5.4
The CAO, at their discretion, may grant exceptions to the Water use
restrictions. Examples may include, but are not limited to, health and safety and
critical commercial activities. What is deemed necessary for an exception shall
be at the sole discretion of the CAO.
5.5
Any exceptions must be granted in writing directly from the CAO to the Person
seeking an exception before the exception is allowed to be carried out.
5.5.1 If a Violation Ticket is issued before the written exception is granted by
the CAO, the ticket will remain valid.
5.6
Any supply of water that a Person can establish is not Water supplied by the
Village and/or SMRID is not subject to these restrictions. Examples of alternate
water supplies include, but are not limited to, rain barrels filled by natural
precipitation, private wells, or water purchased from sources other than Village
supplied water.
VILLAGE OF BARNWELL
BYLAW NO.02-24
Page 8 of 13
5.7
Should the Government of Alberta impose any water restrictions above that of
the Village of Barnwell's restrictions, those shall take precedence.
6.0
WASTING WATER
6.1
No consumer will allow Water to run off the property as a result of Water uses
including, but not limited to, lawn/property overwatering, broken irrigation, or
infrastructure washing of surfaces, such that there is:
6.1.1 A stream running into a street or swale for an excessive distance from
the edge of the parcel;
6.1.2 A stream of Water running into a street or swale and directly into a catch
basin; or
6.1.3 A stream or spray of Water running into or discharging into a street or a
sidewalk.
6.2
If a customer or other persons contravene any Section of this Bylaw, which
incurs costs to the Village for repairs or replacement, then the repairs or
replacement may be done by the Village at the expense of the person in
contravention of this Bylaw. If the person in contravention does not pay such
expenses within the period indicated in Section 8 upon being invoiced, the
Village may recover the expenses therefore with costs by action in Court. This
expense will be in addition to any fines or penalties imposed for contravention
of this Bylaw.
7.0
ENFORCEMENT
7.1
A Person who violates any section of this Bylaw is guilty of an offence and
liable, upon summary conviction, to a fine as set out by this Bylaw.
7.2
A Peace Officer who has reasonable grounds to believe a contravention of this
Bylaw has occurred or is occurring is authorized and empowered to:
7.2.1 Issue a verbal and/or written warning to the Person violating this Bylaw
and/or;
7.2.2 Issue a Violation Ticket pursuant the Provincial Offences Procedures
Act to the Person violating this Bylaw, with or without having issued any
such warning.
7.3
If a Violation Ticket is issued in respect of an offence, the Violation Ticket may:
7.3.1 Provide that the Person who has committed the offence may, within a
specified period of time, pay a specified penalty as listed in Section 8 of
this Bylaw; or
7.3.2 Require a Person to appear in court without the alternative of making a
voluntary payment.
VILLAGE OF BARNWELL
BYLAW NO.02-24
Page 9 of 13
7.4
Where water is supplied by the Village to a Parcel outside the Village and a
Violation Ticket is issued in respect of an offence, the Violation Ticket may:
7.4.1 Provide that the Person who has committed the offence may, within a
specified period of time, pay a specified penalty as listed in Section 8 of
this Bylaw; or
7.4.2 Require a Person to appear in court without the alternative of making a
voluntary payment; and
7.4.3 The CEO may enforce either this Bylaw and/or the collection of the
specified penalty by shutting off the water being supplied to the Parcel,
or by action in any court of competent jurisdiction, or both; and
7.4.4 When at any time the Water supplied by the Village is shut off for
violating this Bylaw or, or non-payment of a specified penalty, a Water
Service charge for reconnection as set out in the Utility Services Fees
Policy 02-23 will be charged when the water supply is restarted. Water
will not be restarted until the specified penalty and any applicable
charges and fees are paid.
8.0
PENALTIES
8.1
A Person committing a breach of any of the provisions of this Bylaw, upon
conviction of breach thereof, and shall be liable to penalty as outlined below:
LEVEL
1st Offence
2nd Offence
3rd Offence
I
N/A
N/A
N/A
II
$100.00
$250.00
$800.00
III
$250.00
$800.00
$1,500.00
Wasting Water
$100.00
$250.00
$800.00
8.2
Any costs incurred by the Village as noted in Section 6 must be paid within
thirty (30) days.
8.3
In addition to any penalty which may be imposed under this Bylaw, the Village
may seek a court order granting relief in the nature of an injunction or any other
order necessary to enforce compliance (including pursuant to Part 13 of the
Municipal Government Act).
9.0
INTENTION OF VILLAGE COUNCIL
It is the intention of the Village Council that each separate provision of this Bylaw shall
be deemed independent of all other provisions herein and it is further the intention of
the Village Council that if any provision of the Bylaw be declared invalid, all other
provisions thereof shall remain valid and enforceable.
VILLAGE OF BARNWELL
BYLAW NO.02-24
Page 10 of 13
10.0
RESCINDED OR AMENDED BYLAWS
Bylaw No. 2-01 is hereby repealed in its entirety.
11.0
EFFECTIVE DATE
This Bylaw shall take effect on the day of the final passing and the signatures of the
chief elected official and duly authorized designated officer thereof.
RES.
Read a First Time this ______ day of __________, 2024.
RES.
Read a Second Time this ______ day of ________, 2024.
RES.
Read a Third Time and finally passed this ______ day
of________, 2024.
VILLAGE OF BARNWELL
_____________________________________
MAYOR
_____________________________________
INTERIM CHIEF ADMINISTRATIVE OFFICER (C.A.O.)
VILLAGE OF BARNWELL
BYLAW NO.08 - 2024
Schedule "A"
Water Restrictions
Page 11 of 13
Level I
All outdoor Water use is permitted as follows:
Premises Addresses
May Only Use Water on the Following Days:
Odd numbered addresses (addresses
ending in 1, 3, 5, 7, 9)
Tuesdays, Thursdays, Sundays
Even numbered addresses (addresses
ending in 0, 2, 4, 6, 8)
Mondays, Wednesdays, Saturdays
Watering of lawns, gardens, trees, and shrubs may only occur during the following hours:
6:00 AM - 9:00 AM or 7:00 PM - 10:00 PM
Level II: Mandatory Watering Restrictions
All outdoor Water use including watering lawns, non-commercial washing of vehicles,
sidewalks, pads, exteriors of buildings, filling of hot tubs/pools, recreational use of sprinklers
and similar water toys, is restricted to the following schedule:
Premises Addresses
May Only Use Water on the Following Days:
Odd numbered addresses (addresses
ending in 1, 3, 5, 7, 9)
Thursdays, Sundays
Even numbered addresses (addresses
ending in 0, 2, 4, 6, 8)
Wednesdays, Saturdays
Watering may only occur during the following hours: 6:00 A.M. - 9:00 A.M. or 7:00 P.M. -
10:00 P.M.
Flowerbeds and vegetable gardens may be watered by hand, during prescribed times, using
a watering can or a hose with a nozzle shutoff to restrict Water flow.
Requests for site and condition specific irrigation scheduling for commercial or industrial
operations using a metered irrigation system may be approved in writing by the CAO.
Written approval must be obtained prior to the excepted irrigation scheduling being
implemented.
Requests for Water conservation exemption permits for newly seeded lawns or freshly
planted sod may be applied for at the Village of Barnwell Office. Written exemptions may be
granted by the CAO in writing.
Level III: Emergency Mandatory Water Restrictions
All outdoor Water uses, and non-essential Water use is strictly prohibited.
VILLAGE OF BARNWELL
BYLAW NO.08 - 2024
Schedule "B"
Water Restrictions Form
Page 12 of 13
DECLARATION OF WATER RESTRICTIONS
WHEREAS
low
water
levels
exist
in
the
Village
of
Barnwell
due
to
________________________
_________________________________________________________________________,
THEREFORE, the Village of Barnwell deems it prudent to declare that Water Restrictions
are hereby necessary within the municipal boundaries of the Village of Barnwell and for all
users of Water supplied by the Village of Barnwell to conserve water.
The following Level of Water Restriction is hereby enacted:
Level
Enacted (initial of CAO):
Level I Restrictions
Level II Restrictions
Upon signature of the Chief Administrative Officer of the Village of Barnwell herewith, the
Restrictions imposed upon the municipality and users of Water supplied by the Village of
Barnwell are as designated within the Village of Barnwell Water Conservation Bylaw.
All restrictions and penalties therein are now in full force until such
time that the restrictions are either elevated or removed.
Signature of Chief Administrative Officer: _____________________________________
Time: _________________________
Date: ___________________________
VILLAGE OF BARNWELL
BYLAW NO.08 - 2024
Schedule "C"
Cancellation of Water Restrictions
Page 13 of 13
CANCELLATION OF WATER RESTRICTIONS
WHEREAS low water levels in the Village of Barnwell are deemed to be at an acceptable
level,
THEREFORE, the Village of Barnwell deems it prudent to declare that Water Restrictions are
lifted within the municipal boundaries of the Village of Barnwell and for users of Water supplied
by the Village of Barnwell as of the date of the signing of the Chief Administrative Officer's
signature below.
Signature of Chief Administrative Officer: _____________________________________
Time: _________________________
Date: ___________________________