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2.12.1 a Peace Officer, within the meaning of the Peace Officer Act, SA 2006, c. P-3.5, as amended or repealed and replaced from time to time;
2.12
"Peace Officer" means:
2.11
"Non-Residential Water Use" is a service supplied to a Property principally used to conduct
2.10
"New Lawn(s)" is newly laid sod or newly planted grass seed.
2.9
this parialiy mians Village of Donalda /The name of the municipality that has passed
2.8 "Directive" means an order issued under this Bylaw in accordance with the Act.
2.7 "Designated Officer" has that meaning as ascribed thereto in Section 6.1 of this Bylaw.
2.6
"Consumer" is any individual, body corporate, municipality, commission under the Act, an incorporated sopatin or any other city bouncer do pated or a contine ste obtains treated potable water produced at the Water Treatment Plant.
2.5.2
Highway 12/21 Water Services Commission
2.5.1
Shirley McClellan Regional Water Services Commission, or
2,5 Comino reded pot the followin the ale pinal mater condition ender the ca
2.4 "CAO" is the Chief Administrative Officer of your community.
2.2
"Bulk Water Consumers" is anyone who purchases water from a Bulk Water Station. "Bulk Water Station" is a coin-operated/credit card operated facility, located in the Municipality for the sale of potable water on a bulk basis to Bulk Water Consumers.
replaced from time to time.
2.1 "Act" means the Municipal Government Act, RSA 2000, c. M-26, as amended or repealed and In this Bylaw, capitalized words shall have the following meanings:
## INTERPRETATION
1.2 This Bylaw shall be cited as the (Village of Donalda) Water Restriction Bylaw.
1.1 NOW THEREFORE the Council of the (Village of Donalda) in the Province of Alberta duly assembled enacts as follows:
## ENACTMENT
FOR EMERGENCY PURPOSES
A BYLAW OF THE (VILLAGE OF DONALDA) IN THE PROVINCE OF ALBERTA, FOR THE PURPOSE OF RESTRICTING WATER USE ON A FAIR AND EQUITABLE BASIS DURING PERIODS OF WATER SHORTAGES, AND RESTRICTING WATER USE SO THAT WATER IS AVAILABLE
## BYLAW #674
## (VILLAGE OF DONALDA)
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The Directive may specify that such restricted and prohibited uses of water shall apply during such hours of any day of the week, and/or on à rotational schedule basis as may be
3.3.5 the supply of water to any particular Property.
3.3.4
in any particular geographic area or areas of the Municipality; and
3.3.3
throughout the entirety of the Municipality;
3.3.2
by any particular class of Consumers;
3.3.1
by all Consumers;
3.3
After considering the measurement criteria as set forth in Schedule "C" herein, Stettler may, but is not obligated to, at any time make Directives restricting and/or prohibiting specified uses of treated potable water and the wasting water in the municipality either:
region.
3.2.2
to comply with the requirements by all water Commissions and Consumers in the
manage the overall supply of water produced by the Water Treatment Plant in order
3.2.1 assist all Commissions and Consumers by providing information that encourages Water conservation; or
3.2
At times where drought conditions exist in East Central Alberta, or as otherwise determined by Stettler which conditions affect the overall water supply that Stettler can distribute to all Commissions and Consumers, including the Municipality, Stettler may undertake the following:
3.1
The later Treatment and presenty coduce rented polly oral of all ate ranite Station, a Commission owned water transmission line/reservoir, a municipality's water distribution system/reservoir, a Bulk Water Station or any other connection to the Water Treatment Plant.
## WATER RESTRICTION STRATEGIES
"Water Treatment Plant" is that water treatment plant owned and/or operated by Stettler, for the purpose of removing undesirable chemicals, materials, and biological contaminants from raw water.
Water Taper sa on is opinion e bolin steure do and staller or the system. It is owned by the Shirley McClellan Regional Water Services Commission, is located on the west side of Stettler, and obtains treated potable water directly from the Water Treatment Plant.
2.18
"Water Supply Agreement" is the applicable regional water supply agreement between a Commission/Water Transfer Station and Stettler.
2.17
"Violation Ticket" is a ticket issued pursuant to Part 2 of the Provincial Offences Procedure Act, R.S.A. 2000, P-34, as amended or repealed and replaced from time to time.
2.16
"Stettler" means the Town of Stettler.
2.15
Reside a pre use in bie or pid d to sit rapil eries printely for dwellings (excluding apartment buildings), mobile home parks, and condominium developments (excluding apartment style condominiums).
2.14
"Property" means any lands, buildings, structures or premises, or any personal property located thereupon, within the municipal boundaries of the Municipality.
2.13
2.12.3 a bylaw enforcement officer, as this term is used in the Act. "Private Property" means land either owned or leased by a person, group, corporation or such other entity, not a governmental body.
2.12.2 a Police Officer, within the meaning of the Police Act, RSA 2000, c. P-17, as amended or repealed and replaced from time to time; or
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5.2.2 The length of time that water has been allowed to run;
5.2.1 The volume of water reasonably required to perform the activity undertaken;
5.2
In determining if an activity constitutes wasting water in Section 5.1, consideration will be given to any of the following:
5.1
water has been issued.
All Consumers are prohibited from wasting water when a Directive restricting the supply of
## WASTING WATER
4.3
thereafter, the Consumer must fully comply with all Directives in effect at the time.
New Lawn watering permits will be valid for a maximum of six (6) weeks, which
4.2
Aper Val or watering pay the man be issued by the Municipality e pos pection and determined by the Municipality to limit the amount, duration, and timing of water use that
4.1
Consume cho obtain a maid New pawn permit stall be exempt firm a Directive herein,
## PERMITS
3.8
The restrictions may include restrictions and prohibitions on all outdoor uses, including, but not limited to, watering lawns and gardens according to Schedule "B" attached hereto and forming part of this Bylaw.
3.7
water for aesthetic purposes.
The restrictions of water usage may include restrictions and prohibitions on the use of
3.6
No Consumer shall use or waste water supplied from any or all of: the Water Transfer Station, a Commission owned water transmission line/reservoir, the Municipality's water distribution system/reservoir, a Bulk Water Station or any other connection to the Water Treatment Plant in contravention of the terms of any Directive made by Stettler under this section.
Such notification shall include relevant information to adequately inform locally affected Consumers of restrictions and prohibitions upon the use of water in accordance with the current Directive.
affected local Consumers as reasonably possible.
by any means determined to be appropriate by the Municipality to reach as many
3.5
communicated to locally affected Consumers:
The Municipality shall promptly cause notification of water restriction Directives to be
3.4
The CAO of Stettler is hereby delegated the authority to implement the requirements set out in this Bylaw or in a Water Supply Agreement, any new directions provided by the Municipality or a Commission and any amendments to directions provided under this Bylaw or in a Water Supply Agreement, to ensure compliance with the restriction or prohibition of water usage within the Municipality. In the event that the CAO is unable to exercise the authority granted herein, the Municipality delegates the authority to the CAO to select a designate to implement the requirements as set out in this Bylaw or in a Water Supply Agreement, any new directions provided by the Municipality or a Commission and any amendments to directions provided under this Bylaw or in a Water Supply Agreement.
The Directive must be made on a fair and equitable regional basis unless it is in response to a requested from a Commission, a municipality, or Stettler who require an immediate supply of treated potable water produced by the Water Treatment Plant to address a localized emergency situation or a localized water shortage condition, and generally being of a short term nature. For guidance, when an emergency or water shortage condition exists, protocols and procedures set out in the Regional Water Communication Policy shall be followed.
specified in the Directive. For guidance, Stettler may, but is not obligated to, make any level of water restrictions as contained in Schedule "B" hereto.
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available.
6.0.4 in the even that ei Nui, pality is suces l in is at entic to ser pot ory of the Order in a conspicuous place on the Property referred to in the Order, when the Designated Officer has reason to believe that the person to whom the Order is addressed is evading service, and that there is no other reasonable means of service either the registered office or business address of the partnership or corporation; or
6.6.3 in the case of a partnership or corporation, by registered mail or personal deliver to registered mail;
6.6.2 upon confirmation of receipt of the Order by the person to whom it is addressed by
6.6.1 in the case of an individual, delivered personally to the individual, or left for the individual at his or her residence with a person on the premises who appears to at least eighteen (18) years of age;
6.6 An Order under this Bylaw is deemed to be served on the person who it is addressed when the Order has been:
6.5.6
6.5.5
sac a if the en does not comply with the pense in the point ed time, the notify the Owner of the right to apply by written notice for a review of the Order by the Council.
6.5.4
state the time within which the person must comply with the Order;
6.5.3
direct the person to take any action or measures necessary to remedy the unauthorized or restricted water usage, which may include the cessation of the provision of water to the Private Property;
6.5.1
identify the person or persons to whom it is issued;
6.5
An Order issued by a Designated Officer under Section 6.3 shall:
6.4
let a Doci, he after demies pharao to section of hit a a so cuing of ir occupant of the Private Property upon which all or a part of the contravention is occurring or about to occur, to a Consumer responsible for the contravention who is not the owner or occupant of the Private Property, or to any or all of them.
When exercising his authority to enter onto Private Property for inspection or enforcement under Section 5.1, a Designated Officer shall provide the owner or occupant of the Property with reasonable notice as required by the Act.
6.2
A Designated Officer may, for the purpose of ensuring that the provisions of this Bylaw are of the At, i david ur an is pertion, any come or ply it cordance win Section say
6.1
For the purposes of inspections and enforcement of the provisions of this Bylaw, a bylaw enforcement officer, as well as a designated officer in accordance with the Act are Designated Officers of the Municipality.
## ENFORCEMENT
5.2.6
occurring or has occurred.
The existence of any other factors reasonably suggesting that waste of water 1s
5.2.5
The degree of restriction on water consumption presently in place; and
5.2.4
The purpose to which the water is being put;
5.2.3 The degree of control exercised over the flow of water;
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8.4
this Byle of the Provincial Oftene is the rec clo fae outal paying pursuit co Acemon of theuite plea and also constitures a conviction and the imposition of a fine in The person to whom the Violation Ticket has been issued may plead guilty by making a boliday paymen in tence of the Violin ticket toget co with an amount out to the specified penalty for the offences as set out in Schedule "A".
8.2
A Violation Ticket issued with respect to a contravention of this Bylaw shall be served upon the person responsible for the contravention in accordance with the Provincial Offences Procedure Act.
8.1
Violine once an enter can only ur it and one is to se a and probable grounds to believe has contravened any provision of this Bylaw.
## VIOLATION TICKETS
7.2
to penalty or imprises stall any person contravening any provision of this Bylaw be subject
7.1 Regardless of whether an Order or a Diretive has been issued pursuant to this Bylaw, any person who contravenes any provision of this Bylaw is guilty of an offence and is liable, upon summary conviction, to the specified penalty for that offence as set out on Schedule "A"
## OFFENCES AND PENALTIES
6.13.4 in addition to 6.13.1, 6.13.2 or 6.13.3, add a surcharge to the Consumer's water account, if applicable, in an amount as the Municipality determines to be sufficient to reimburse the cost incurred by the Municipality in the inspection of the Consumer's waste of water and/or violation of the Directive.
6.13.3 dith prop thy of thy ostet, the Consumer or othervise cease the suply of water
6.13.2 issue a Violation Ticket pursuant to Section 8 of this Bylaw; or
6.13.1 issue a warning to the Consumer of a violation of this Bylaw; or
6.13 In addition to the herein remedies or in substitution thereof, the Municipality, in its sole discretion, upon learning of a Consumer's violation of this Bylaw, may:
6.12 The expenses and costs incurred by the Municipality in the enforcement of this Bylaw may be collected as a civil debt or, if applicable, by adding the costs and expenses to the tax roll for property owned by the person to whom the Order is issued, where the contravention has occurred on all or a part of that property.
6.11 The expenses and costs of any action or measure taken by the Municipality under this Bylaw, including the costs and expenses of legal advice provided in relation to any inspection under, or enforcement of this Bylaw, are an amount owing to the Municipality by the person in contravention of the Bylaw.
6.10 The application for appeal must state the reasons for the appeal.
A person affected by the decision of Council under Section 6.8 may appeal to the Court of Queen's Bench on the grounds permitted under Section 548(1) of the Act, within the time period set out in Section 548(1.1) of the Act.
the Order.
A person who receives a written Order under this part may request a review of the Order by written notice within fourteen (14) days of the day on which the Order is received. Upon reviewing the Order, the Council of the Municipality may confirm, vary, substitute or cancel
6.7
No person to whom an Order has been issued shall fail to comply with the requirements of that Order within the time limits imposed.
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Martsde
## CHIEF ELECTED OFFICIAL
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## (VILLAGE OF DONALDA)
DATED this 18". day of February, 2014.
That Bylaw #674 be given third reading this 18". day of February, 2014 A.D. on a motion of Deputy Mayor Knudtson. Carried Moved by Councillor Fox that Council proceed with third and final reading of Bylaw #674.
Carried That Bylaw #674 be given first reading this 18"". day of February, 2014 A.D. on a motion of Deputy Mayor Knudtson. That Bylaw #674 be given second reading this 18". day of February, 2014 A.D. on a motion of Mayor Gartside.
This Bylaw is effective the date of the final passing thereof.
## 10. EFFECTIVE DATES AND READINGS
This Bylaw shall come into full force and effect on the day that it is finally passed by Council by giving it third and final reading and it is signed in accordance with the Act.
The Municipality is not liable for not taking an action on or in respect of any violation of this Bylaw, and in no event that any such inaction be deemed or interpreted as an authorization of a breach or an acknowledgment that the breach is acceptable under this Bylaw.
this Bylaw.
has not complied with this Bylaw is prima facie proof that the person has violated the terms of
Evidence that a person is either the owner or leaseholder of Property or Private Property that
9.1
Should any provision of this Bylaw be invalid, then such invalid provision shall be severed and the remaining Bylaw shall be maintained and deemed valid.
## GENERAL
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| 3' Offense | Offense 1" Offense 2nd Offense |
|-----------------|----------------------------------|
| $250.00 $800.00 | Amount $100.00 |
## Schedule "A"
## Bylaw #674-- Penalties
## (VILLAGE OF DONALDA)
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Any other enhanced water use restrictions or probibitions imposed by the Municipality.
All bulk water sales are suspended, unless for residential use.
Local non-residential customers are requested to voluntarily reduce water consumption.
consumption.
Local residential customers are requested to voluntarily reduce domestic/household water Notwithstanding this, flowerbeds and vegetable gardens may be watered by hand, at anytime, using a watering can or a hose with a nozzle with a trigger shutoff to restrict water flow.
and like water toys/pools.
All outdoor water use is prohibited, including, but not limited to, watering of lawns, washing cars,
washing sidewalks, washing pads, washing exteriors of buildings and the recreational use of sprinklers
## LEVEL 3:
Requests for site and condition specific irrigation scheduling for commercial or Industrial operations using metered irrigation systems may be approved by the Municipality's Public Works Department.
Flowerbeds and vegetable gardens may be watered by hand, at anytime, using a watering can or a hose with a nozzle with a trigger shut off to restrict water flow.
All outdoor water use is prohibited, including, but not limited to, watering of lawns, washing cars, washing sidewalks, washing pads, washing exteriors of buildings and the recreational use of sprinklers and like water toys/pools.
## LEVEL 2:
Requests for site and condition specific irrigation scheduling for commercial or industrial operations using metered irrigation systems may be approved by the Municipality's Public Works Department.
Any other enhanced water use restrictions or prohibitions imposed by the Municipality.
(capacity not more than 1000 litres).
with a nozzle with a trigger shut off to restrict water flow. Sprinklers and like water toys may be used for
recreational purposes by children as long as children are present during use; includes children's pools Flowerbeds and vegetable gardens may be watered by hand, at anytime, using a watering can or a hose Using the last number of your address (odd or even) determines which days you may water your lawn: Odd numbered addresses may only water lawns on Thursday and Sundays and even numbered addresses may only water lawns on Wednesdays and Saturdays, as long as the watering of lawns only occur during the hours 6:00 am to 9:00 am and 7:00 pm to 11:00 pm.
## LEVEL 1:
## Schedule "B'"
## Bylaw #674 -- Watering Restriction Schedule
## (VILLAGE OF DONALDA)
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page 0510 e Any other enhanced water use restrictions or prohibitions imposed by the Municipality.
- All bulk water sales are suspended, unless for residential use.
All outdoor water use is prohibited. Residential and non-residential use is controlled through district flow restrictions (reduced pressures subject to Fire Services review and approval). Relevant provisions in Water Supply Agreements will determine the amount of water that is available to Commissions, municipalities and Consumers throughout the region under the circumstances at that time.
## LEVEL. 4:
Page 100r10K
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The invocation of the water use restrictions and prohibitions, as determined herein, may be repealed, in the sole discretion of Stettler, when Stettler deems it is appropriate. Stettler may use whatever criteria it feels is necessary, but may consider the measurement of reservoir storage volumes when they are above 65% of the total available storage at 7:00 AM and the demand forecast predicts that the reservoir volumes will be above 90% of the available volumes within the 10 day forecast period or that the water system will be in a stable position.
## Demand Management Measures Termination
When a Measure "C" Indicator has been reached Stettler may invoke the Level 3 water use restrictions and prohibitions, as set forth in Schedule "B" hereto. Should invocation of the Level 3 water use restrictions and prohibitions not result in the volume of water to reach the appropriate target volumes, as predetermined, Stettler may further invoke the Level 4 water use restrictions and prohibitions, as set forth in Schedule "B" hereto.
Measure "C" may be invoked by Stettler when the forecast of the demand for water is predicted that within the next 5 days, the volume of water in the reservoirs that are used to provide the Municipality with water will be below a predetermined target, which target is set by Stettler, after consulting with its regional Commission partners who are involved in the supply of water to the Municipality.
## Measure "C" Indicator
When a Measure "B" Indicator has been reached Stettler may invoke the Level 2 water use restrictions and prohibitions, as set forth in Schedule "B" hereto.
Measure "B" may be invoked by Stettler when the forecast of the demand for water is predicted that within the next 5 days, the volume of water in the reservoirs that are used to provide the Municipality with water will be below 35% of the available storage volumes.
## Measure "B" Indicator
Westion and press has been reached. Sitter may invoke the Level 1 water use Meisure Area be is i by State of entire for has of the den that are vated to priced that Municipality with water will be below 35% of the available storage volumes.
Measure "A" Indicator Stettler has three levels of determining the need for water use restriction or demand management.
## INDICATORS
## Schedule "C'"
## Bylaw #674 -- Watering Restriction Schedule
## (VILLAGE OF DONALDA)