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BYLAW NO. 555
A BYLAW OF THE VILLAGE OF COUTTS, IN THE PROVINCE OF ALBERTA, TO PROVIDE FOR THE
CONSERVATION OF WATER.
WHEREAS pursuant to the provisions of the Municipal Government Act, Statutes of Alberta, RSA 2000
and amendments thereto, Council may pass a Bylaw for the provisions and regulation of a water utility
within the Village of Coutts.
WHEREAS Council deems it appropriate to prepare a water conservation bylaw that requires the water
be conserved and utilized in an efficient manner with the provisions of this bylaw.
WHEREAS Council deems it appropriate to partner with the Town of Milk River, and Sweetgrass, MT,
USA, to ensure a consistent approach to water conservation.
NOW THEREFORE the Council of the Village of Coutts, duly assembled, hereby enacts as follows:
TITLE
1. This Bylaw may be referred to as the "Water Conservation Bylaw"
PURPOSE AND DEFINITIONS
2.
The purpose of this Bylaw is to promote the efficient use of water in the community and reduce
water waste.
3. Each provision of this Bylaw is independent of all other provisions and if any provision is
declared invalid for any reason by a Court of competent jurisdiction, all other provisions of this
Bylaw remain valid and enforceable.
4. Nothing in this Bylaw relieves a person from complying with any provision of any federal or
provincial law or regulation, other bylaw or any requirement of any lawful permit, order or
license.
5.
In this Bylaw:
a.
"Bulk Water Station" means the facility for the sale of potable water on a bulk basis.
b.
"CAO" means Chief Administrative Officer who is appointed to the position and title by
Council and includes any person appointed by the CAO to act as his/her designate, or in
the absence of the CAO, a member of Council.
c.
"Consumer" means any person or corporation whose property is connected to the
water system or and Lessee or occupant of such property or person who obtains water
from any Village owned hydrant or stand pipe.
d. "Non-Residential Water Use" means a service supplied to a premise principally used to
conduct a profession, business, trade, industry, occupation or employment, and includes
institutional uses and apartment buildings.
e.
"Peace Officer" means a person employed for the purpose of preserving and
maintaining the public peace.
f.
"Residential Water Use" means a service supplied to a premise that is used primarily for
domestic purposes including but not limited to single-family dwellings, multi-family
dwellings, mobile homes, and condominium developments.
WATER USE RESTRICTIONS
6. Subject to other sections of this Bylaw, no person may use municipally supplied water from a
hose, pipe, sprinkler, or permanent water irrigation system for the purpose of watering lawns
except between the hours of 7:00pm and 12:00pm (noon).
7. In the event, that the CAO believes t here may be a shortage of water, the CAO may regulate the
distribution and use of water from the Water Treatment Plant to all consumers or any of them,
including the times of day when the use of water may be allowed or prohibited.
8.
In the event there is a reason to declare an increase in water conservation level, the CAO may
declare such rest riction effective immediately.
9. Any consumer outside of the municipal boundaries will be required to implement the same or
similar water conservation measures as required by the Village residents subject to CAO
approval.
10. The CAO will cause public notice indicating the level of water conservation and the date that
level came or will come into effect to be given by any of the following means:
a.
Website
b. Television advertisement
c.
Circulation of a flyer
d. Radio announcement
e.
Any other method and deemed necessary
11. Each Municipality retains the right to create procedures and/or regulations regarding water
restrictions pursuant to the Bylaw, enforceable by the municipality or a Peace Officer and are
subject to change at the discretion of the CAO from time to time without warning.
Page 2 Bylaw 555
12. The declaration of a water use restriction may apply to the entire Municipality, specific zones or
geographic areas or other specific locations as defined by the CAO.
13. In the event of an emergency such as, but not limited to, a fire, water line break, water plant
critical component failure, or other critical component failure, etc. the Municipality may
imp0lement such conservation measures as deemed necessary for the duration of the
emergency.
14. The CAO may enact any of the following levels of water conservation measures depending on
the projected or actual severity of the event.
a.
Level 1 Water Restriction
i. All Outdoor water use, including watering lawns, washing cars, sidewalks, pads,
exterior of buildings is permitted. However, using the last number of your
address (odd or even) determines which days you may water your lawn
according to the following schedule. ODD numbered addresses may use water
for these purposes on Tuesdays, Thursdays and Sundays. EVEN numbered
addresses may use water for these purposes on Mondays, Wednesdays and
Saturdays.
ii. Bulk water sales hours of operation are limited, or suspended completely
b. Level 2 Water Restrictions
i. All non-essential water use is prohibited (eg: washing cars, sidewalks, pads,
exterior of buildings and watering lawns etc)
ii. Bulk water sales are prohibited.
iii. All non-residential users of water will be requested to reduce hours of operation
to contribute to the conservation of water.
c.
Level 3 Water Restrictions
i. All non-essential water use is prohibited (eg washing cars, sidewalks, pads,
exterior of buildings and watering lawns, etc)
ii. Bulk water sales are prohibited.
iii. All non-residential users or water will be required to reduce or cease hours of
operation.
EXEMPTIONS
15. The following circumstances are exempt from the restrictions noted under this Bylaw:
a.
Watering of flower beds, gardens, shrubs, and trees by watering can is permitted at any
time;
b. Watering by drip irrigation is permitted at any time;
c. Sprinklers and like water toys may be used for recreational purposes as long as people
are present and using the sprinkler for a recreational use (only exempt from level 1
water restrictions)
d. Newly laid sod and seeding lawns may be watered in any manner until the first cut only,
or would be deemed reasonable by a Peace Officer, or CAO
16. At any time, a written request may be made to the CAO requesting an exemption to the water
restriction in place. Exemptions will only be made for extraordinary/emergency situations. The
request must include:
a.
Location of request
b.
Reason for Waiver
c. Duration of requested waiver.
OFFENCE
17. Any person who contravenes this Bylaw is guilty of an offence.
18. Every day during which a contravention continues is deemed to be a separate offence.
FINES, PENALTIES AND ENFORCEMENT
19. Any employee of the Municipality may enter upon any parcel of land, suspected of violating
water use restrictions, and require the occupant of the such parcel to discontinue such non-
compliance or, if the occupant is not available, the employee may turn off the source of such
non-compliance.
20. In the event that the employee is not able to shut off the source of the non-compliance, the
supply of water to any parcel may be temporarily discontinued, and the owner shall be liable to
pay a reconnection fee in addition to the fine that may be applied.
21. In addition to fines and penalties, which may be issued under this Bylaw, the Municipality may
seek an Order of Court granting an injunction or any other order necessary to enforce
compliance. The Municipality will seek full recovery of such legal costs either through the court
system or by placing the cost of such action on the person(s) or corporation's tax or utility
account.
Page 3 Bylaw 555
22. Any person who commits an offence under this Bylaw is liable to pay fines for each
contravention of any provision of this bylaw:
a.
1st Offence: $100
b. 2nd Offence: $250
c.
3rd and subsequent offences: $500
This Bylaw comes into force on the day it is finally passed.
Read a First Time this 2
nd day of May, 2018
Mayor
CAO
Read a Second and Third Time this 6th day of June, 2018
Mayor
CAO