Water and Wastewater Management Bylaw No. 1052-24

Beaumont, Alberta · adopted 2024-04-23

This is the exact embedded text of the captured official document. Snapshot f7ef0ca3e6c7 · verified 2026-08-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Bylaw 1052-2024 Page 1 BYLAW #1052-24 The City of Beaumont Water and Wastewater Management Bylaw WHEREAS the Municipal Government Act, R.S.A 2000, c. M-26, as amended ("MGA"), including ss. 7 and 8, and Part 3, Division 3 thereof, provides that a Council may pass bylaws for the purpose of operating a public utility, subject to any terms, costs or charges which may be established by Council; AND WHEREAS the City of Beaumont owns and operates a water distribution system and a wastewater collection system which are operated as public utilities (the "Utilities") for the benefit of its residents; AND WHEREAS s. 33 of the MGA provides that a Council may, by bylaw, prohibit any Person other than the municipality from providing the same or a similar type of utility service in all or part of the municipality; AND WHEREAS the Council of the City deems it necessary and desirable to establish a Utility Services Bylaw to govern the management and operations of the Utilities; Therefore, Council enacts: PART I - DEFINITIONS, AND INTERPRETATION Name 1 This Bylaw may be cited as, "The Water and Wastewater Management Bylaw". Definitions 2 In this bylaw: (a) "Application" means the Application made by a Person to the City for the supply of Water and Wastewater Services. The said Application, when accepted by the City, shall form a binding contract between the User and the City, by which the parties agree to be bound by the provisions of this bylaw; (b) "CC" means Service Curb Cock; (c) "Chief Administrative Officer" means the chief administrative officer of the City or delegate; (d) "City" means the municipal corporation of The City of Beaumont; (e) "City Service Pipe" means: (i) that portion of a Service Connection that extends from the Water Main to the property line of a parcel that receives, or is to receive, Water Services; or (ii) that portion of a Service Connection that extends from the Wastewater Main to the property line of a parcel that Bylaw 1052-2024 Page 2 receives, or is to receive, Wastewater Services; (f) "Council" means the Municipal Council of the City of Beaumont in the Province of Alberta; (g) "Due Date" means fifteen (15) DAYS following the mailing date of a Utility Bill; (h) "Emergency" means an act of God, a condition over which the User or the City has no control, a condition which creates an imminent danger or a real possibility of Property damage, or personal injury, or when a condition or situation is declared to be an Emergency by Council, or the Federal or Provincial Crown, or other civil authority having jurisdiction; (i) "Engineering Standards" are the City's General Design Standards, or in the absence of such standards, generally accepted municipal engineering standards; (j) "Fees and Charges" means the rates, fees and charges applicable to Utility Services, as set out in the Schedule of Fees and Charges; (k) "Improvement" means an Improvement as defined by Part 9 of the MGA, including a structure or a building; (l) "Meter" means devices and all other equipment and instruments, including but not limited to, water Meters, radio frequency units and Remote Readers supplied and used by the City or authorized by the City to be used to calculate the amount of water consumed on the Property upon which such devices are situated; (m) "MGA" means the Municipal Government Act, RSA 2000, c M-26; (n) "Owner" means the Person who is registered under the Land Titles Act as an Owner of a parcel of land, or in the case of Property other than land and the Improvements thereon, any Person who is in legal possession thereof; (o) "Peace Officer" means a Special Constable or Bylaw Enforcement Officer, employed or appointed by the City, a Police Officer, or a Peace Officer within the meaning of the Peace Officer Act, S.A., 2006, c. P-35, as amended; (p) "Person" includes a partnership, a firm, a body corporate, and Bylaw 1052-2024 Page 3 the successors, heirs, executors, administrators or other legal representatives of a Person to whom the context can apply according to law; (q) "Private Service" or "Private Service Pipe" means: (i) that portion of a Service Connection that extends from the property line to a building or other place on a parcel of land that receives, or is to receive, Water Services, comprised of the assembly of pipes, fittings, fixtures, taps and appurtenances used to provide water; or (ii) that portion of a Service Connection that extends from the property line to a building or other place on a parcel of land that receives, or is to receive, Wastewater Services, comprised of the assembly of pipes, fittings, fixtures, traps and appurtenances for the collection and transmission of wastewater into the wastewater system; (r) "Property" means a parcel of land or an Improvement or a parcel of land and the Improvement to it, as the context requires, whether the Improvement is occupied or unoccupied; (s) "Rates" means the tariff or charges for the supply of Water and Wastewater Services set out in the Schedule of Fees and Charges; (t) "Remote Reader" means that device attached to the outside of an Improvement enabling the City to read water consumption without entering the Improvement; (u) "Schedule of Fees and Charges" means the 2024 Fees and Charges Bylaw, as amended, or repealed and replaced, from time to time, and shall, for greater certainty, refer to the most recent City bylaw that establishes rates, fees and charges applicable to Wastewater Services, regardless of the name of that bylaw; (v) "Service Connection" means all of the infrastructure, pipes and fittings required to achieve a physical connection between: (i) the City's Water Main and the building or other place on a parcel of land to which Water Services are provided, to allow a User to receive water, which includes a Private Service and City Service Pipe; or (ii) the City's Wastewater Main and the building or other place on a parcel of land to which Wastewater Services are provided, to allow a User to discharge wastewater into the wastewater system, which includes a Private Service and City Service Pipe; Bylaw 1052-2024 Page 4 (w) "Tenant" means a Person who is not an Owner but who is in legal possession of a Property to which a Utility Service is provided, but who is not the Owner thereof; (x) "Turn Off" means a discontinuance of the Water Supply to a Property; (y) "User" means any Person receiving Wastewater Services, including without limiting the generality of the foregoing, any Person who discharges any Matter, including wastewater, into the wastewater system, and where the context or circumstances so require, also includes any Person: (i) who has made an application for Wastewater Services or otherwise seeks to receive Wastewater Services; (ii) who is named on an account, contract or agreement for the supply of Wastewater Services by the City or its authorized representatives; (iii) who is the Owner or occupant of a Property for which an application for Wastewater Services has been made, which has been connected to the wastewater system or which receives Wastewater Services; or (iv) who acts as agent or representative of a User; (z) "Utility Services" means Water and Wastewater Services supplied by the City; (aa) "Utility Services Guidelines" means those guidelines, procedures, protocols, requirements, specifications or standards, not inconsistent with this Bylaw, that are adopted by the Chief Administrative Officer, from time to time, pursuant to Section 59 of this Bylaw; (bb) "Utility System" means the water distribution system, wastewater system and all accessories and appurtenances thereof owned or operated by the City as a public utility; (cc) "Wastewater Services" includes the collection, transmission, treatment and disposal of wastewater, as applicable, and associated services offered to a User under this Bylaw; (dd) "Water Main" and "Wastewater Main" means those pipes installed for the conveyance of water or the collection of wastewater throughout the City to which City Service Pipes may be connected; (ee) "Water Services" means the provision of water to Property within the City by means of pipes and related Bylaw 1052-2024 Page 5 equipment and systems, but does not include the provision of bottled or self-contained drinking water in units of ten (10) gallons or less, or the provision of bulk water for irrigation purposes; (ff) "Water Supply" means the provision of water to a User's Property; (gg) "Working Day" means that portion of the day between 8:30 a.m. and 4:30 p.m. from Monday to Friday inclusive, except for statutory holidays and other holidays approved by Council. Interpretation 3 The following rules apply to interpretation of this bylaw: (a) headings, titles, and margin notes in this bylaw are for ease of reference only; (b) gender-specific words, phrases, and references are intended to be gender-neutral, and the singular includes the plural as the context requires; (c) every provision of this bylaw is independent of all other provisions and if any provision of this bylaw is declared invalid by a Court, all other provisions of this bylaw remain valid and enforceable; and (d) references to bylaws and enactments in this bylaw include amendments and replacement bylaws and enactments, and regulations and orders thereunder. PART II - GUIDELINES Connections 4 All Persons wishing to obtain Water Services and Wastewater Services from the City must submit an Application for Utility Services prior to the affected Property being occupied or otherwise put into use or the Utility Services being connected. Such Application shall be made not less than five (5) Working Days prior to the date the Utility Services are required. Upon submission of the Application for Utility Services, a non-refundable water/wastewater connection fee as set out in the Schedule of Fees and Charges will be charged. The City may refuse to supply Utility Services if the prospective user does not pay the connection fee, or has any outstanding accounts with the City. 5 Every Person who is granted Utility Services pursuant to this Bylaw, or otherwise receives Utility Services, shall pay to the City the Bylaw 1052-2024 Page 6 monthly service charges and consumption rates as set out in the Schedule of Fees and Charges. 6 All Utility Services provided by the City shall be provided in accordance with this Bylaw, and this Bylaw shall be applicable and binding upon all persons receiving Utility Services from the City, including the Owner of any Property connected to or receiving Utility Services from the City. Upon the change of ownership of a Property, the new Owner shall make a new application for Utility Services to the City, failing which, the City may deem an application for Utility Services to have been received from a new Owner of a Property. 7 Upon any change in ownership of a Property a new Application for Utility Services is required. 8 Except as provided under this Bylaw, the City shall not grant Utility Services to a Tenant of any Property. 9 The Owner of a Property, and not a Tenant, shall be responsible for making an Application for Utility Services with the City. However, to allow for transition, a Tenant whose account is in good standing at the time this Bylaw comes into effect may continue to receive Utility Services until such a time as the Tenant closes the account, or alternatively, the Utility Services are discontinued for any reason. 10 Notwithstanding section 9 above, the Owner of a Property where Utility Services are received shall be responsible for all Utility Services delivered or consumed and all charges levied for Utility Services delivered to a Property, whether the delivery of Utility Services was measured by way of a Meter or metering device, or whether delivered or consumed by accidental or illegal means. 11 Notwithstanding section 9 above, an Owner may make an Application in a form prescribed in Schedule A attached hereto, to have Utility Bills mailed to the Tenant at a Property under the Owner's name. 12 All Users wishing to terminate Utility Service shall advise the City, in writing, providing at least five (5) Working days' notice prior to termination date; however, all fees and charges shall continue to apply until a new application is received. 13 All Properties receiving Utility Services shall have a Meter installed to calculate the amount of water consumed on that Property. The Meter must be approved by and installed to the satisfaction of the City. Bylaw 1052-2024 Page 7 14 All Meters shall be operated, supplied and maintained by the City, except as herein provided. 15 The City, as a condition of providing Utility Services, may inspect the Property of a User or potential User who applies to the City for Utility Services. 16 No Person shall uncover, alter, disturb or make use of connections with or openings into, any water or wastewater system or appurtenances thereof without prior written authorization from the Chief Administrative Officer. 17 In the event that a connection to the wastewater system is abandoned or discontinued within a Property, the Owner of the Property, at their expense, shall effectively cap the Service Connection at a suitable location within the Property in order to prevent wastewater, stormwater, soil, dirt or debris from being washed or backed up into the City's Service Pipes, Wastewater Mains, or Utility System. Connections for New Developments 18 A Person developing a Property who wishes to receive Utility Services shall pay to the City a construction water use fee and a water Meter installation fee as set out in the Schedule of Fees and Charges. Payment for these fees shall be made at the time of application for the required building permit. The Chief Administrative Officer may require construction water use to be metered and billed in accordance with the Schedule of Fees and Charges. 19 A Person developing a Property requiring connection to the Utility Services shall provide and install all necessary wiring for the installation of a Meter and a Remote Reader in locations that provide unobstructed access to designated City employees for the purpose of the installation, removal, inspection, repair, monitoring and checking of the Meter and Remote Reader, as well as the City's Service Pipe(s). 20 Services requiring a pipe of 2.54 centimeters (one (1") inch) or less in diameter will have Meters installed by the City at the expense of the Owner of the Property, or their general contractor. It is the responsibility of the Owner or their general contractor to notify the City to install the Meter and Remote Reader. 21 Services requiring a pipe of greater than 2.54 centimeters (one (1") inch) in diameter will be installed by the Owner's general contractor at their expense. 22 All Persons doing any work or service upon a Private Service or the Bylaw 1052-2024 Page 8 plumbing system attached thereto shall comply with all legislation, laws, codes, acts, regulations and bylaws in force at the time as well as any requirements set out in the Engineering Standards or Utility Services Guidelines. 23 Unless the Chief Administrative Officer otherwise approves, no Person shall have, construct or maintain more than one Private Service to any Property. 24 When, for any reason, temporary Water Service is required, the Persons shall pay in advance the whole cost of its construction, together with the cost of abandoning it when no longer needed. Application for such service construction shall be made as per the requirements set out in this Bylaw. If, in the opinion of the Chief Administrative Officer a Meter should be installed on a temporary service, the applicant shall provide a safe and adequate Meter setting in a location to be approved by the City, and shall be responsible for the protection of the whole installation while their account is open for service. 25 A Property shall be approved for occupancy by the Building Inspector only after the Meter is in place and the Meter is considered operational by the City. 26 A Person who wishes to connect any piping to the City's Utility System must apply to the City for approval. Such an application must include: (a) Construction drawings identifying the proposed connection, associated piping, fittings and installations, and any other information required by or set out in the Engineering Standards or Utility Services Guidelines; (b) Payment of any off-site levies or any other outstanding amounts in relation to the Property that are due to the City; and (c) Payment of any amounts due under development agreements in relation to the Property. 27 Basins on private Property shall be maintained by the Owner of the Property at the Owner's sole cost and expense. 28 All Applications for development and all development, construction or installations contemplated under this Bylaw shall comply with the provisions of the Safety Codes Act R.S.A 2000, c. S-1 ("SCA") and regulations made thereunder and the City's Engineering Standards and Utility Services Guidelines. 29 A Person other than the City or their authorized representatives may only operate a CC with the written consent of the Chief Bylaw 1052-2024 Page 9 Administrative Officer and for the purpose of testing a Private Service Pipe or replacing or renewing of a master covered valve. After completion of the testing, the Person shall immediately close the CC. A Person shall not operate valves of 40mm or larger in size for any purpose. Service and Servicing 30 The City is hereby authorized to supply Water Services and Wastewater Services within the boundaries of City pursuant to the terms of this Bylaw and subject to such economic or other restraints as Council, in their discretion, may deem appropriate. 31 The City shall be the sole provider of Water Services and Wastewater Services to land and Properties within the City, unless Council, in its discretion, authorizes the City to enter into an express written agreement to the contrary. No other Person shall provide Water Services and Wastewater Services within the City unless Council, in its discretion, expressly so authorizes. 32 No Person shall use, within the City, a source of water other than Water Services without the written consent of the Chief Administrative Officer . However, nothing contained in this paragraph shall prevent a Person from purchasing bottled or self- contained drinking water in units of 45.4 liters (ten (10) gallons) or less, or bulk water for irrigation purposes, or require the Chief Administrative Officer's consent therefor. No Person who has been granted permission to use an alternate source of Water Supply shall allow the alternate Water Supply to be connected to the Utility Services. 33 The City is hereby authorized to repair damage and carry out maintenance to the Utility Services, except as otherwise provided under this Bylaw. 34 A User shall: (a) Allow access to a Property by the City or the City's employees, agents or contractors charged with the installation, removal, inspection, repair, checking, monitoring, reading or maintaining a Meter, a Remote Reader, or any service piping connected to or drawing water from the Utility System. (b) Be responsible for the repair and maintenance of any Private Service Pipe. The City is not responsible for any damage resulting from the failure of any piping beyond the City's Service Pipes. (c) The User shall continue to provide a suitable place on their Property for a Meter, where access is not obstructed. 35 In the event that access to the Meter is obstructed due to Bylaw 1052-2024 Page 10 alterations made to a Property, the City may require the Meter to be relocated to a location that provides unobstructed access. All costs, including City costs associated with relocation of the Meter, shall be the responsibility of the Owner of the Property. 36 Meters shall be read at the discretion of the Chief Administrative Officer. If a Meter reader cannot enter the premises to read the Meter, they may leave a card with instructions requesting the User to notify the City with the Meter reading as soon as possible. 37 No Person shall tamper with a Meter or do, cause to be done, or permit to be done, any act which may obstruct or impede direct, safe and convenient access to a Meter. 38 A User shall be responsible for the safekeeping of the Meter located at a Property. Users shall comply with all directions of the City to prevent Meter damage due to frost, heat or other causes, and shall refrain from taking any action that causes Meter damage due to frost, heat or other causes, and shall promptly notify the City of any condition or event that may cause Meter damage. Damage resulting from extremes in temperature or damage from neglect of the User, will be charged to the User. 39 The City's employees, agents or other representatives shall have the right to enter a User's Property at all reasonable times to install, maintain, inspect, replace, test, monitor, read, or remove the City's Property, respond to a User's complaint or query, conduct an inspection relating to concerns with unauthorized use of water or the wastewater system, or tampering with the Utility System, or for any other purpose incidental to the provision of Utility Services. A User shall not hinder or prevent the City's entry. 40 Except in the case of an Emergency, where entry is permitted by an Order of the Court, or where otherwise legally empowered to enter, before entering a User's Property, the City will make reasonable effort to give notice of entry to the User or other responsible Person who is at the Property and who appears to have sufficient authority to permit entry. 41 A User shall be responsible to thaw out frozen Private Service Pipes. The City may provide this service at the User's expense. 42 When a Private Service Pipe passes through an excavation, an area of backfill, through a basement wall, finished or unfinished, or through a retaining wall, the City shall not be responsible for any damages due to displacement, settlement or any cause due to the Owner's operations whether damage occurs during building construction or afterwards. Bylaw 1052-2024 Page 11 43 No Person shall take water from a City fire hydrant, except with City approval, which approval may be subject to such conditions that the City, in its discretion, deems appropriate. Any un-metered water usage from a fire hydrant may be considered unauthorized use of water. Any Person using water from a fire hydrant is required to use a City-supplied fire hydrant meter, to use an approved backwater prevention device, to take steps to prevent damage to municipal infrastructure, tools and equipment and to pay any costs promptly provided for in the Schedule of Fees and Charges. 44 No Person shall do anything to obstruct access to a fire hydrant or to interfere with the operations of a fire hydrant. 45 Any Person who wishes to install a hydrant on private Property may only do so with the written approval of the City, and at the Owner's expense. The City's approval may be subject to such conditions that the City in its discretion deems appropriate, including the performance of maintenance and inspection of hydrants located on private Property at the Owner's expense. 46 Any Person who owns Property on which a hydrant is located or Property adjacent to Property on which a hydrant is located, shall maintain a clearance of one and a half (1.5) meters (five (5) feet) around a hydrant and shall not permit anything to be placed, stored, constructed or erected within that area, or permit anything to interfere with a hydrant. Piling of snow around a hydrant is not allowed. 47 No Person shall obstruct access to a CC. Any Person obstructing access to a CC shall be responsible for all costs incurred by the City to gain access to the CC, or to clear or remediate the obstruction. 48 A request by a User for Utility Services to be Turned-Off for his own purposes shall be provided in writing at least five (5) Working Days in advance, and shall be accompanied by payment of the water disconnection fee and a reconnection fee, both as set out in the Schedule of Fees and Charges. Interruption of Service 49 The City may, in its discretion, Turn-Off Utility Services, in whole or in part, to any User for any reason, including non-payment, provided that in cases of non-payment the City shall give notice of such a Turn-Off to the User. 50 The City does not guarantee or warrant the continuous supply of Utility Services and the City reserves the right, in the case of Emergencies, water shortages, construction or maintenance activities, to change the operating pressure, restrict the availability of Utility Services or to Turn Off Utility Services, in whole or in part, Bylaw 1052-2024 Page 12 with or without notice. 51 Users depending upon a continuous and uninterrupted supply or pressure of water or who require or have processes or equipment that require particularly clear or pure water shall provide such facilities, as they are considered necessary, to ensure a continuous and uninterrupted supply, pressure or quality of water required for this use. The City will not be responsible therefor. 52 The City shall not be liable for damages, including losses caused by a break within the City's Water System; or caused by the interference or cessation of Water Supply including those necessary or advisable regarding the repair or proper maintenance of the City's Water System; or generally for any accident due to the operation of the City's Water System or for the Turning Off of water; or by reason of the water containing sediments, deposits, or other foreign matter; or for losses caused by reasons beyond the City's control; or for the disconnection or removal of a Utility Service in accordance with this Bylaw. 53 The City may, with the permission of the User, inspect the Property of the User in order to do any tests on Private Service Pipes so as to determine compliance with this Bylaw. In the event that the User fails or refuses to give such permission, the supply of water to that User may be subject to a Turn Off. 54 No Person shall attempt to obtain Utility Services from the Utility System, by, from or through a bypass or bypasses of a Meter, or otherwise, in any fraudulent manner. 55 A User shall not damage or tamper with a water seal, a Remote Reader, or a Meter, for any purpose, including the alteration of any readings shown thereon. 56 No User shall vend, sell, supply, dispose of, or give away water from the Utility System or permit the same to be taken or carried away from a Property, unless approved by the Chief Administrative Officer in writing. Administration 57 The current Fees and Charges applicable to Water Services and Wastewater Services provided pursuant to this Bylaw are as set out in the Schedule of Fees and Charges, which may be amended, from time to time. 58 The Chief Administrative Officer may adopt, amend, repeal and replace Utility Services Guidelines, from time to time, which Utility Services Guidelines may, without limiting the generality of the foregoing, establish procedures or requirements that must be Bylaw 1052-2024 Page 13 complied with before a Service Connection is installed or activated, before Utility Services are provided, or as a condition of the ongoing provision of Utility Services, including, without restriction, specifications for the construction of any portion of a Service Connection, including a Private Service Pipe. 59 Utility Bills are intended to be issued on a bi-monthly basis unless the City determines that another billing frequency is necessary or desirable. 60 The amount of the billing shall be based upon the Fees and Charges, or other Rates described herein, with water consumption being determined by the applicable Meter reading obtained on a bi- monthly basis. Where a Meter reading is not obtainable, at the discretion of the City, a system-generated estimate may be used. 61 An actual Meter reading shall be required at least once in each calendar year for each Property receiving Utility Services. 62 If there is a discrepancy between an inside Meter reading and the Remote Reader for the same Property, the inside Meter reading will be deemed to be accurate, subject to the further provisions of this Bylaw. 63 In the event that the City disputes the accuracy of a Meter, a written notice shall be given to the User. In the event that a User disputes the accuracy of a Meter, the User shall present the City with written notice accompanied by a payment of the water Meter test fee in accordance with the Schedule of Fees and Charges. At a time determined by the parties, the Meter situated on the Property of the User shall be tested or calibrated by a proper official delegated by the City. In the event that the said Meter is found to be accurate within 97% to 103% of the water passing through the same, the expense of such test or calibration shall be borne by the party giving such notice. In the event that the said Meter is found not to be accurate within the aforesaid limits, the Meter shall be repaired or replaced as soon as is practical and the expense of so doing shall be borne by the City. In that event, the City shall also return the water Meter test fee and adjust the water charges for a maximum of two (2) billing cycles. 64 Payment on account may be made to the City at such locations designated and under any payment method utilized by the City from time to time. Payments must be received on or before the Due Date noted on the Utility Bill, unless otherwise approved by Council. A Utility Bill shall be deemed sufficiently mailed if mailed by ordinary mail to the municipal address of the Owner, User, or the Property receiving the Utility Services, as the case may be. In the Bylaw 1052-2024 Page 14 event of non-payment: (a) A Utility Bill not paid by the Due Date will be considered to be in arrears and subject to late penalty charges, the rate for which is set out in the Schedule of Fees and Charges; (b) The City reserves the right to discontinue providing Utility Services where Utility Bills are in arrears. Upon disconnection, any outstanding utility account balance along with a reconnection service fee as set out in the Schedule of Fees and Charges must be paid in full prior to the City re-establishing the Utility Service connection. (c) A sum payable, by the Owner of a Property, for the Utility Services supplied by the City and all Rates, costs and charges imposed or loans made to him under any Bylaw or resolution passed by the Council are a preferential lien and charge on the Property and on the personal Property of the debtor and may be levied and collected in a manner as municipal Rates and taxes are recoverable. (d) At the discretion of the City and as provided for under Section 553 of the MGA, or its successor, an outstanding utility account balance may be transferred to the Property tax account of an Owner of a Property. (e) In the event of default in payment of any Utility Bill, the City may, in addition to any other remedy available to the City, enforce payment by action in a Court of competent jurisdiction. (f) An administrative fee as set out in the Schedule of Fees and Charges will be levied in the event that a transfer of a utility account balance to the Property tax account is deemed necessary. (g) A transfer of a utility account balance may be deemed necessary if the account remains in arrears for a period exceeding 120 days. 65 If a User neglects or refuses to comply with a notice to repair within sixty (60) days of receipt thereof, the City may make or cause to be made repairs at the expense of the said User. 66 No reduction in Rates will be made in the monthly charge for Water and Wastewater Service available to any User because of any disruption of service by any cause whatsoever of the Water Supply to Wastewater servicing. 67 The City Council hereby delegates to the Chief Administrative Officer all those powers stipulated by this Bylaw to be exercised by the City and all necessary authority to exercise those powers, excluding thereout, the power to set utility Rates or enact bylaws, or do anything else reserved exclusively for Council pursuant to the provisions of the MGA. Bylaw 1052-2024 Page 15 PART III - WATER DEMAND MEASURES, RESTRICTIONS, AND EMERGENCIES Discontinuation of service without prior notice 68 The Chief Administrative Officer may discontinue water service without prior notice to a User, a group of Users, or a geographical area to prevent or mitigate the impairment of or damage to: (a) the Water System; (b) the Wastewater System, (c) the Stormwater System, (d) human health or safety; (e) property; or (f) the environment. Water demand and restriction measures 69 If the Chief Administrative Officer believes there is a reason to require reduced water usage, the Chief Administrative Officer may declare water demand and restriction measures. 70 The declaration of a water restriction by the Chief Administrative Officer may apply to: (a) the entire City; (b) specific zone(s) or geographic area(s) of the City; or (c) other specific locations as defined by the Chief Administrative Officer. 71 If there is reason to declare water restrictions, the Chief Administrative Officer may declare such restriction effective immediately. Water restriction levels and public notice 72 If a declaration of a water restriction is made pursuant to this Section, the Chief Administrative Officer shall: (a) determine what stage of water restriction measures are necessary as Demand A, Demand B, or Demand C, and the permitted activities shall be those referenced in Schedule C to this Bylaw; and (b) provide notice to the public indicating the demand measure/water restriction and the date such restrictions came or will come into effect through one or more communication methods, including but not limited to, City press release, notice on the City's public website, advertising through local newspapers, notice on the City's social media platforms, and/or public signage. 73 The Chief Administrative Officer may declare different stages of water demand restrictions in different areas. 74 If changing the areas of application or demand measure stages of restrictions in any area or lifting a declaration of demand measures, the Chief Administrative Officer shall provide notice to the public in one or more communication methods as set out in this Bylaw. Bylaw 1052-2024 Page 16 75 When a water restriction is in effect, no Owner or User of a parcel or premises shall allow the use of water supplied through the Water System for any activity or application prohibited in the following stage of restrictions as set out in Schedule C to this Bylaw: (a) Demand A; (b) Demand B; and (c) Demand C. PART IV - WATER CONSERVATION AND WASTAGE Water conservation 76 The City will establish guidelines that promote and encourage water conservation. Waste of potable water prohibition 77 All Users, Owners, or persons are prohibited from wasting potable water at any time. Fine for potable water wastage 78 Any User Owner, or person who wastes potable water will be subject to a fine under this Bylaw. 79 In determining if an activity constitutes wasting potable water, consideration will be given to the following: (a) The volume of water reasonably required to perform the activity undertaken; (b) The length of time that water has been allowed to run; (c) The degree of control exercised over the flow of water; (d) The degree of restriction of water consumption presently in place: and (e) The existence of any other factors reasonably suggesting that waste of water is occurring. Exemptions to potable water wastage 80 Notwithstanding the prohibitions in this Section, the Chief Administrative Officer may authorize in writing the unfettered use of potable water for the purposes of: (a) health and safety; (b) the installation and maintenance of infrastructure, including the flushing of water mains, hydrant leads and water service connections; (c) preventing the freezing of water mains, hydrant leads and water service connections; (d) conducting water flow tests; (e) installation and testing of permanently installed irrigation systems; (f) training programs for fire fighters employed by the City; or (g) other purposes as deemed necessary by the Chief Administrative Officer from time to time. Bylaw 1052-2024 Page 17 PART V - ENFORCEMENT Offence 81 Any Person who violates, contravenes or breaches any provision or requirement of this Bylaw is guilty of an offence. 82 For the purpose of this Bylaw, an act or omission by an employee, acting in the course of their employment, is deemed to be an act or omission of their employer. 83 For the purpose of this Bylaw, an act or omission by an agent, acting in the course of their agency, is deemed to be an act or omission of the agent's principal. 84 When a corporation commits an offence under this Bylaw, every director, officer, manager, employee, or agent of the corporation, who authorized, assented to, acquiesced in, or participated in the offence, act, or omission, that constitutes an offence under this Bylaw, is guilty of the offence whether or not the corporation has been prosecuted for the offence. Continuing Offence 85 In the case of an offence that is of a continuing nature, a contravention constitutes a separate offence in respect of each day, or part of a day, on which it continues, and a Person found guilty of such an offence is liable to a fine in an amount not less than that established by this Bylaw for each day upon which the offence occurs. Violation Tag and Ticket 86 A municipal violation tag may only be issued for those offences for which a specified penalty is prescribed by this Bylaw. The municipal violation tag shall state the specified penalty prescribed, and set out the voluntary payment option available therefor. 87 Where a municipal violation tag is issued pursuant to the terms of this Bylaw, the Person to whom the municipal violation tag is issued may plead guilty to the offence by signing the municipal violation tag in the space provided thereon, and in lieu of being prosecuted for the offence in Court, may deliver the signed municipal violation tag, and a voluntary payment in an amount equal to the specified penalty for the offence, to the City, in the manner specified on the municipal violation tag. 88 In those cases where a municipal violation tag has been issued and the specified penalty provided for therein has not been paid within the prescribed time, any Peace Officer is hereby authorized and empowered to issue a violation ticket pursuant to either Part 2 or Part 3 of the Provincial Offences Procedure Act, RSA 2000, c P-34 , as amended. Bylaw 1052-2024 Page 18 89 A violation ticket issued pursuant to the provisions of POPA, shall be served in the manner described in POPA. A municipal violation tag shall be served in the manner described by either Part 2 or Part 3 of the Provincial Offences Procedure Act, RSA, 2000, c P-34, as the case may be. 90 Nothing contained in this Bylaw shall prevent or prohibit the immediate issuance of a violation ticket pursuant to either Part 2 or Part 3 of POPA. Without restricting the generality of the foregoing, it is not mandatory to issue a municipal violation tag, prior to issuing a violation ticket pursuant to the provisions of POPA. Fines 91 A person who is guilty of an offence pursuant to this Bylaw for which a specified penalty is not provided is liable to pay a fine in an amount which is not to be less than FIVE HUNDRED ($500.00) DOLLARS, and not more than TEN THOUSAND ($10,000.00) DOLLARS, or to imprisonment of not more than SIX (6) MONTHS, for non-payment of a fine. 92 In addition, specified penalties as set out in Schedule B attached hereto, are hereby established regarding the offences set out in Schedule B, which forms part of this Bylaw. 93 Notwithstanding the specified penalties provided for in Schedule B attached hereto, a Justice of the Alberta Court of Justice, or any other Court, may increase the penalties provided for in Schedule B, where the Court deems it appropriate to do so, having regard, among other things, to the gravity or consequences of the offence, or whether the offence has been repeated. Voluntary Payment 94 Voluntary payments, where allowed, for any offence not specified in Schedule B, shall be as follows: (a) For a first offence, a specified penalty in the sum of THREE HUNDRED ($300.00) DOLLARS; (b) For a second offence, a specified penalty in the sum of ONE THOUSAND ($1,000.00) DOLLARS; and (c) For a third or subsequent offence, a specified penalty in the sum of ONE THOUSAND FIVE HUNDRED ($1,500.00) DOLLARS. 95 Notwithstanding Part 3 hereof, nothing contained herein shall restrict the City from pursuing such further or other remedies as may be prescribed by law related to those matters set out in this Bylaw. Bylaw 1052-2024 Page 19 PART IV - Transitional Repeal 96 Bylaw 689-08 is repealed. Effective Date 97 This bylaw comes into effect on May 1, 2024. FIRST READING: April 23, 2024 SECOND READING: April 23, 2024 THIRD READING: April 23, 2024 SIGNED THIS 23rd day of April, 2024 _Bill Daneluik___________________ MAYOR Sandy Bugeja CLERK Bylaw 1052-2024 Page 20 SCHEDULE A Application Form To: City of Beaumont Re: Utility Account Number: ____________________________ Civic Address: ____________________________________ We/I, the undersigned registered Owner(s) of the above noted Property hereby request that all Utility Bills issued for the said Property be forwarded in my (our) name in care of the following mailing address: We/I fully understand that we are/ I am responsible for the Utility Bills and that non-payment of the Utility Bills will result in the transfer of outstanding balances to our tax account pursuant to City bylaws. We also understand that all Utility Bills, notices and other correspondence relating to this utility account will be sent to the address noted above and that a copy will not be issued to our tax roll mailing address. ____________________________ ____________________________ Registered Owner(s) Date ____________________________ ____________________________ Registered Owner(s) Date Bylaw 1052-2024 Page 21 SCHEDULE B Specified Penalties Offence Section Number Specified Penalty Failure to cap a wastewater Service Connection after abandonment or discontinuance of Wastewater Service 17 $750.00 Failure to provide wiring for a Meter or Remote Reader in locations that provide unobstructed access 22 $500.00 Having, constructing, or maintaining more than one Private Service to a Property without the approval of the Chief Administrative Officer 23 $2,500.00 Providing Water Services, or providing Wastewater Services, within the City, without the express approval of Council 31 $2,500.00 Unauthorized use of a source of water, other than Water Services, without the written consent of the Chief Administrative Officer 32 $1,000.00 Unauthorized use or extraction of water from a City fire hydrant 43 $ 2,500.00 Obstructing access to a fire hydrant, or interfering with the operation of a fire hydrant 44 $ 2,500.00 Obtaining, or attempting to obtain, Utility Services from the Utility System through the use of a bypass device contrary to this Bylaw, or through the use of any fraudulent means 54 $1,000.00 Damaging or tampering with a water seal, a Remote Reader, and/or a Meter 55 $1,000.00 Unauthorized vending, selling, supplying, disposing of, or giving away water from the Utility System 56 $1,000.00 Failure to adhere to City-imposed water prohibition, restriction, or rationing 68 $500 Wasting potable water 77 $500 Bylaw 1052-2024 Page 22 SCHEDULE C Water Restriction Stages DEMAND A - WATER CONSERVATION ADVISORY Increased community alerts for water conservation Flowerbeds and vegetable gardens may be watered by hand, at any time, using a watering can or hose with a nozzle with a trigger shut off to restrict water flow. Watering is encouraged to only take place during the hours of 6:00 am - 9:00 am and 8:00 pm -11:00 pm Reduced Spray Park Hours City operations to suspend non-essential potable water use DEMAND B - PARTIAL WATER BAN Odd Numbered Homes Sunday Outdoor water usage 6:00 am - 9:00 am or 8:00 pm - 11:00 pm Automatic Irrigation 2:00 am - 5:00 am Even Numbered Homes Saturday Outdoor water usage 6:00 am - 9:00 am or 8:00 pm - 11:00 pm Automatic Irrigation 2:00 am - 5:00 am Maximum of duration of 2 hours per day within the hours above Flowerbeds and vegetable gardens may be watered by hand, at any time, using a watering can or hose with a nozzle with a trigger shut off to restrict water flow. Watering is encouraged to only take place during the hours of 6am-9am and 8pm-11pm Spray Park operations suspended City operations to suspend non-essential potable water use DEMAND C - MANDATORY WATER RESTRICTIONS Suspend all non-essential water use for all customers Complete ban on outdoor water use Spray Parks operations suspended Pool operations suspended Carwashes and Laundromats water usage suspended City operations to suspend all non-essential potable water use Other further actions and water restrictions deemed necessary by the Chief Administrative Officer No washing vehicles, driveways and home exteriors No filling Jacuzzis, hot-tubs or swimming pools Flowerbeds and vegetable gardens may be watered by hand, at any time, using a watering can or hose with a nozzle with a trigger shut off to restrict water flow. Watering is encouraged to only take place during the hours of 6am-9am and 8pm-11pm