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BYLAW NO. 22/2015 (Page 1)
Consolidated Version
of
the Water Conservation Bylaw
(being Bylaw No. 22/2015 of the City of St. Albert, as amended by Bylaw No. 10/2023
consolidated and printed under the authority of the Chief Administrative Officer of the City
of St. Albert)
This is certified to be a true copy of consolidated
Bylaw No. 22/2015) of the City of St. Albert.
_______________________________________
Marta Caufield
Director of Legal and Legislative Services
Chief Legislative Officer
BYLAW NO. 22/2015 (Page 2)
WATER CONSERVATION BYLAW
NUMBER
1ST READING
2ND READING
3RD READING
Signed and Passed
22/2015
November 23, 2015
November 23, 2015
December 7, 2015
December 8, 2015
Amd #1
10/2023
June 20, 2023
June 20, 2023
June 20, 2023
June 22, 2023
BYLAW NO. 22/2015 (Page 3)
The text shown in parentheses in various locations throughout this document identifies the corresponding
amending bylaw which authorized the change. For example (BL 5/2019) refers to Bylaw No. 5/2019.
CITY OF ST. ALBERT
BYLAW 22/2015
Being a bylaw to establish and define water conservation.
WHEREAS, pursuant to section 7 of the Municipal Government Act, Council may
pass bylaws for municipal purposes respecting the safety, health and welfare of people
and the protection of people and property (BL 10/2023)
AND WHEREAS, pursuant to subsection 3(a.1) of the Municipal Government Act,
one of the purposes of a municipality is to foster the well-being of the environment;
(BL 10/2023)
City of St. Albert Council enacts:
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.
In this Bylaw:
a. "Bylaw" means this Water Conservation Bylaw;
a.1 "CAO" means a Person appointed by Council to the position of Chief
Administrative Officer pursuant to section 205 of the Municipal Government
Act and the Chief Administrative Officer Bylaw; (BL 10/2023)
a.2 "City" means the municipal corporation of the City of St. Albert or, where the
context so requires, the area contained within the municipal boundaries of the
City of St. Albert; (BL 10/2023)
b. "Hose Nozzle" means a hand held and manually operated instrument which
controls the flow of water and is attached to the hose;
c. DELETED (BL 10/2023)
BYLAW NO. 22/2015 (Page 4)
d. "Municipal Violation Tag" means a City-issued notice that alleges an offence
and provides a Person with the opportunity to pay an amount to the City in
lieu of prosecution for the offence;
e. "Peace Officer" has the meaning set out in the Provincial Offences Procedure
Act: (BL 10/2023)
f. "Person" means any individual, firm, partnership, association, corporation,
trustee, executor, administrator or other legal representative;
g. DELETED (BL 10/2023)
h. "Violation Ticket" has the same meaning as in the Provincial Offences
Procedure. Act.
Water Use Restrictions
4.
Subject to Section 5 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, gardens, flower beds, shrubs, and trees except between the
hours of 7:00 p.m. and 9 a.m. (BL 10/2023)
Water Demand Management Measures
4.1
The CAO may, when deemed necessary or advisable, declare in writing under
section 4.4 that water demand management measures are implemented or declare
in writing under section 4.5 a change to or termination of previously implemented
water demand management measures.
4.2
A CAO declaration in respect of water demand management measures shall be
effective upon the date of public notice thereof unless a later effective date is stated
by the CAO in the declaration, and shall remain in effect until the CAO declares
that the water demand management measures are changed or are terminated in
whole or in part.
4.3
A declaration of water demand management measures by the CAO may apply to
the entire City, to identified zones or geographic areas of the City, or to other
locations as specified by the CAO. The CAO may apply different water demand
management measures in different parts of the City.
4.4
If the CAO makes a declaration under section 4.1 to implement water demand
measures, the CAO shall cause public notice to be given indicating the water
demand management measures implemented, what residents must do or refrain
from doing to comply with the measures, and the date the measures will come into
effect if different from the date of the public notice, by any one or more of the
following means:
BYLAW NO. 22/2015 (Page 5)
a. City news release;
b. notice on the City's public website;
c. advertisement in a newspaper in circulation in the City;
d. circulation of flyers; or
e. signage.
4.5
In addition to section 4.4, the CAO shall cause public notice to be given by any
one or more of the means set out in section 4.4 in the event of any of the following
types of declarations:
a. a declaration changing the areas of application of water demand
management measures;
b. a declaration changing the details of water demand management measures
in any areas; and
c. a declaration that water demand management measures are terminated in
whole or in part.
4.6
No Person shall use water in contravention of a water demand management
measure for which public notice has been given in a manner authorized by this
Bylaw.
4.7
Every Person is responsible for determining whether water demand management
measures are in effect, and failure to receive notice of a water demand
management measure is not a valid defence for contravention of the water demand
management measure.
(BL 10/2023)
Exemptions
5.
The following circumstances are exempt from the restrictions noted under
Section 4 of this Bylaw:
a. watering of lawns, gardens, flower beds, shrubs, and trees by watering
can or Hose Nozzle is permitted at any time;
b. watering by drip irrigation is permitted at any time;
c. the recreational use of sprinklers and water toys is permitted at any time;
d. newly laid sod and seeding lawns may be watered in any manner until the
first cut only, or as would be deemed reasonable by a Peace Officer; and
BYLAW NO. 22/2015 (Page 6)
e. other landscaping may be watered in any manner, to the extent that there
is a risk that a new tree, shrub, or other vegetation will perish, as deemed
reasonable by a Peace Officer.
Water Efficient Fixtures
6.
DELETED (BL 10/2023)
7.
DELETED (BL 10/2023)
8.
DELETED (BL 10/2023)
Offence
9.
Any Person who contravenes this Bylaw is guilty of an offence.
9.1
A contravention of a water demand management measure declared by the CAO
in respect of which public notice has been given in a manner authorized by this
Bylaw, is a contravention of this Bylaw. (BL 10/2023)
10.
Every day during which a contravention continues is deemed to be a separate
offence.
Fines and Penalties
11.
A Person who commits an offence under this Bylaw is liable:
(a)
to a fine of $100.00; or (BL 10/2023)
(b)
on summary conviction, to a fine not exceeding $10,000.00 or to an order
of imprisonment for not more than 1 year, or both.
Municipal Violation Tag
12.
A Peace Officer may issue, with respect to an offence under this Bylaw, a
Municipal Violation Tag specifying the fine amount (including any early payment
fine amount) established by this Bylaw.
13.
Where a Municipal Violation Tag is issued, the fine amount indicated thereon
may be paid as directed in lieu of prosecution.
Violation Ticket
14.
A Peace Officer may issue, with respect to an offence under this Bylaw, a
Violation Ticket:
BYLAW NO. 22/2015 (Page 7)
(a)
specifying the fine amount established by this Bylaw; or
(b)
requiring an appearance in court without the option of making a voluntary
payment.
15.
Where a Violation Ticket specifies a fine amount, a voluntary payment equal to
the specified fine amount may be made as directed.
Effective Date of Bylaw
16.
This bylaw comes into full force and effect on January 1, 2018.