Drinking Water Conservation Bylaw 2018 No. 5321 (consolidated) — full text, Langley, British Columbia

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THE CORPORATION OF THE TOWNSHIP OF LANGLEY DRINKING WATER CONSERVATION BYLAW 2018 NO. 5321 CONSOLIDATED FOR CONVENIENCE ONLY EXPLANATORY NOTE Bylaw 2018 No. 5321 repeals Corporation of the Township of Langley Water Shortage Response Bylaw 2012 No. 4909, as amended, including Amendment Bylaw 2013 No. 5003 and Amendment Bylaw 2016 No. 5184 and, replaces it with a revised bylaw to provide updates to the regulation of Water use within the Township. Amending Bylaw 2021 No. 5716 - adopted June 28, 2021 Bylaw #5716 amends Drinking Water Conservation Bylaw 2018 No. 5321 by including provisions for water restriction exemption permits related to the application of nematodes to combat the European Chafer Beetle. Amending Bylaw No. 5771 - adopted April 11, 2022 Bylaw No. 5771 introduces definitions to how water is applied to lawns, notably manual and automatic watering. Further amendments include adjustments to the days and times properties may water lawns and gardens based on how water is applied. These updates are consistent with changes to Metro Vancouver's Drinking Water Conservation Plan adopted by the Metro Vancouver Board October 29, 2021. THIS IS A CONSOLIDATED BYLAW PREPARED BY THE CORPORATION OF THE TOWNSHIP OF LANGLEY FOR CONVENIENCE ONLY. THE TOWNSHIP DOES NOT WARRANT THAT THE INFORMATION CONTAINED IN THIS CONSOLIDATION IS CURRENT. IT IS THE RESPONSIBILITY OF THE PERSON USING THIS CONSOLIDATION TO ENSURE THA TIT ACCURATELY REFLECTS CURRENT BYLAW PROVISIONS. THE CORPORATION OF THE TOWNSHIP OF LANGLEY DRINKING WATER CONSERVATION BYLAW 2018 NO. 5321 WHEREAS section 8 the Community Charter, S.B.C. 2003, c.26 authorizes Council to regulate a municipal service and drinking water is a municipal service provided by the Township; AND WHEREAS it is deemed necessary and desirable to join Metro Vancouver efforts to address drinking water usage both in the Township as a whole as well as in distinct areas where reduced water supply causes greater concern; NOW THEREFORE, the Municipal Council of the Corporation of the Township of Langley, in Open Meeting Assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited for all purposes as "Drinking Water Conservation Bylaw 2018 No. 5321". 2. The "Corporation of the Township of Langley Water Shortage Response Bylaw 2012 No. 4909", as amended, including Amendment Bylaw 2013 No. 5003 and Amendment Bylaw 2016 No. 5184, is repealed. 1. TITLE This Bylaw may be cited as the "Drinking Water Conservation Bylaw 2018 No. 5321". 2. DEFINITIONS AND INTERPRETATIONS In this Bylaw: "Aesthetic Cleaning" means the use of Water for cleaning when it is not for a health or safety reason. "Aesthetic Water Feature" means a fountain, pond, or other water feature that primarily serves an aesthetic purpose; it does not include ponds that contain fish. "Automatic Shut-off Device" means a device attached to a water hose that shuts off the supply of Water automatically unless hand pressure is applied to operate the device. "Automatic Vehicle Wash System" includes:  "Conveyor Vehicle wash" means a Commercial Vehicle Washing facility where the customer's Vehicle moves through an enclosed conveyance mechanism during the wash; and  "In-bay Vehicle Wash" means a Commercial Vehicle Washing facility where the customer parks the Vehicle inside a bay, and the Vehicle remains stationary while a spray mechanism moves over the Vehicle to clean it. "Automatic Watering" means applying water using an automated water delivery system that requires only minimal human intervention or supervision and typically employs mechanical, electronic, or other components and devices, including but not limited to timers, sensors, computers, or mechanical appliances. #5771 11/04/22 Bylaw No. 5321 Page 2 "Basic Wash and Rinse Cycle" means a process sequence in an Automatic Vehicle Wash System that consists of a single wash stage followed by a single rinse stage and no additional processes or optional stages; typically, this is the minimum level of service that a customer can select, where total Water usage is less than 200 litres per Vehicle. "Board" means the Administration Board of the GVWD. "Commercial Cleaning Operation" means a company, partnership, or Person with a current Township of Langley Business License or Inter-municipal License valid in the Township of Langley that offers commercial cleaning services, including pressure washing, window cleaning, and other similar building cleaning services, to the public for a fee. "Commercial Vehicle Washing" means commercial Vehicle washing services offered to the public for a fee, but excludes car dealerships, fleet Vehicle washing facilities, and charity car washes. "Commissioner" means the Commissioner of the GVWD, Metro Vancouver, as appointed by the Administration Board. "Drip Irrigation" means an irrigation system that delivers Water directly to the root zone of the plant at a low flow rate through individual emission points (emitters) using droplets of Water; this excludes sprinkler irrigation systems, micro-spray systems, misting systems, and Soaker Hoses. "Edible Plant" means a plant grown for the purpose of human consumption. "European Chafer Beetle" means an invasive insect pest whose larvae feed on the roots of grasses. The European Chafer Beetle larvae can be treated naturally using nematodes, which typically require a moist lawn for a period of 2 to 3 weeks from the day of application. "Flush Water Main" means discharging Water from a water main for routine maintenance such as water quality management and measurement of firefighting flow capacity. "General Manager of Engineering" means a person currently in the position of General Manager of Engineering for the Township of Langley, Director of Engineering for the Township of Langley, or their designate for the purposes of this Bylaw. "Golf Course" means the greens, tee areas, and fairways that are designed and maintained as playing surfaces for golf, but does not include rough areas or Lawns that are not maintained as playing surfaces. "GVWD" means the Greater Vancouver Water District. "Hand Wash and Self-service Facility" means a Commercial Vehicle Washing facility where the facility's staff wash the customer's Vehicle or the customers wash their own Vehicles with spray wands and brushes. "Health and Safety Reason" means a precaution necessary to protect health and safety, including the removal of contaminants, bodily fluids, slip and fall hazards, controlling pests, and suppressing and controlling dust. #5716 28/06/21 Bylaw No. 5321 Page 3 "Impermeable Surface" means a material added to the surface of the ground, or on the exterior of a building or structure that is impermeable to water, including but not limited to glass, wood, concrete, asphalt, paving stones, and other similar materials. "Lawn" means a cultivated area surrounding or adjacent to a building that is covered by grass, turf, or a ground cover plant such as clover, including areas such as boulevards, parks, schoolyards and cemeteries, but excluding Golf Courses, Soil-based Playing Fields, and Sand-based Playing Fields. "Manual Watering" means applying water using a device or tool that is manually held or operated by a human being, without automatic watering. "New Lawn" means a Lawn that is newly established by either seeding or the laying of new sod or turf. "Non-Residential" means the occupancy or use of a building, or part thereof, which is not used as a Dwelling Unit as defined in the Township of Langley Zoning Bylaw 1987 No. 2500, as amended from time to time. Cases of mixed use are considered Non- Residential. This definition excludes Schools and/or Parks. "Odd Numbered Civic Address or Even Numbered Civic Address" means the numerical portion of the street address of a property, and in the case of multi-unit commercial or Residential complex such as townhouses, condominiums or other strata-titled properties, means the numerical portion of the street address that is assigned to the entire complex, and not the individual unit number. "Over-seeded" means the application of grass seed on existing turf, typically in early fall or spring, and may include associated processes such as aeration, weeding, dethatching and fertilization, for mitigating against grass thinning. "Parks" includes property zoned for local government, provincial, or federal uses including road right of way, and school, college, and university uses. "Permit" means a permit issued under Section 7.0 of this Bylaw and in a form approved by the General Manager of Engineering. "Person" does not include a municipality, a regional district, the provincial government, or any body appointed or created under an enactment of Canada or British Columbia. "Public Announcement" means one or more advertisements or public service announcements in any one of: (1) a television or radio broadcast from a station that broadcasts to the Township of Langley; or (2) a newspaper or other publication intended for general circulation, including one that is distributed without charge to the reader, that contains news and advertising, and is distributed within the Township of Langley at least once per week; or (3) website and social media postings. #5771 11/04/22 #5771 11/04/22 Bylaw No. 5321 Page 4 "Residential" means the occupancy or use of a building, or part thereof, as a Dwelling Unit as defined in the Township of Langley Zoning Bylaw 1987 No. 2500, as amended from time to time. Cases of mixed use are considered Non-Residential. "Restriction Stage" means Stage 1 Restrictions, Stage 2 Restrictions, Stage 3 Restrictions, or Stage 4 Restrictions. "Sand-based Playing Field" means a playing field that is constructed with a highly permeable sand-based root zone, typically 30 to 40 centimetres deep, over a drainage system with drain pipes bedded in gravel, and is designed and maintained to be playable year-round. "Schools" includes property zoned for local government, provincial, or federal uses including road right of way, and school, college, and university uses. "Soaker Hose" means a garden hose or pipe with small holes that allow Water to seep into the ground to the roots of plants, discharging Water through the entire length of its porous surface. "Soil-based Playing Field" means a playing field that is covered with grass, sod or turf that is designed and maintained to be played upon, or that is used for sporting or other community events and activities, but does not include Lawns, Golf Courses, or Sand- based Playing Fields. "Stage 1 Restrictions" means the restrictions on Water use described in sections 1 and 2 of Schedule "A". "Stage 2 Restrictions" means the restrictions on Water use described in sections 3 and 4 of Schedule "A". "Stage 3 Restrictions" means the restrictions on Water use described in sections 5 and 6 of Schedule "A". "Stage 4 Restrictions" means the restrictions on Water use described in sections 7 and 8 of Schedule "A". "Vehicle" is a device in, on or by which a Person or item is or may be transported or drawn on a highway or other roadway. "Water", also known as drinking water or potable water, means municipally supplied water that has been treated, tested, and that is safe (as per the requirements of the British Columbia Drinking Water Protection Regulation and the Guidelines for Canadian Drinking Water Quality) to drink or to use for food preparation. All municipally delivered water in the Township of Langley is drinking water or potable water, unless otherwise notified. Private well water is not included in this definition. "Water Management Plan" means a plan proposed by the owner or operator of a Golf Course, Soil-based Playing Field, or Sand-based Playing Field and approved by the Township of Langley. The plan sets out terms such as Water use targets during the different stages of the DWCP, restrictions to reduce Water use, and reporting requirements for the owner or operator. #5771 11/04/22 Bylaw No. 5321 Page 5 "Water Play Park" means a recreational facility that is primarily outdoors, including spray pools and wading pools, spray parks, splash pads, and water slides, where Water is designated for play. "Watering Lawn" means applying Water to a Lawn with any device or tool including but not limited to a sprinkler, hose, mister, or Drip Irrigation. 3. SCHEDULES The schedules to this Bylaw are integral parts of this Bylaw. 4. DELEGATION The General Manager of Engineering may delegate some or all of his or her powers and duties under this Bylaw. 5. DECLARATION AND ANNOUNCEMENT OF RESTRICTION STAGES 5.1 The Commissioner may, by letter to the Township Clerk or the General Manager of Engineering, declare that the Greater Vancouver Water District has activated a Restriction Stage. 5.2 If a Restriction Stage is declared to be activated, the Restriction Stage described in the declaration comes into force in the Township after a Public Announcement of the declaration by the Commissioner, the Township Clerk, or the General Manager of Engineering. 5.3 When a Restriction Stage comes into force under sections 5.1 and 5.2, a Restriction Stage that had been in force, if any, ceases to be in force. 5.4 If no Restriction Stage is in force on May 1st of any year, Stage 1 Restrictions come into force on that date without prior declaration or Public Announcement under section 5.2. 5.5 If Stage 1 Restrictions are declared to be activated, a Public Announcement by the Commissioner, Township Clerk or the General Manager of Engineering is sufficient for the purposes of section 5.2 if it contains substantially the information set out in Schedule "B". 5.6 If Stage 2 Restrictions are declared to be activated, a Public Announcement by the Commissioner, Township Clerk or the General Manager of Engineering is sufficient for the purposes of section 5.2 if it contains substantially the information set out in Schedule "C". 5.7 If Stage 3 Restrictions are declared to be activated, a Public Announcement by the Commissioner, Township Clerk or the General Manager of Engineering is sufficient for the purposes of section 5.2 if it contains substantially the information set out in Schedule "D". 5.8 If Stage 4 Restrictions are declared to be activated, a Public Announcement by the Commissioner, Township Clerk or the General Manager of Engineering is sufficient Bylaw No. 5321 Page 6 for the purposes of section 5.2 if it contains substantially the information set out in Schedule "E". 5.9 No Restriction Stage remains in force after October 15th of any year, unless a declaration is made under this Part by the Commissioner or the General Manager of Engineering. 5.10 At any time before or after October 15th of any year a Restriction Stage may remain in force or come into force, either by declaration of the General Manager of Engineering or by letter from the Commissioner to the Township Clerk or General Manager of Engineering. 5.11 Sections 5.5 through 5.8, inclusive, apply to a declaration made under section 5.10, with such changes as are necessary, except that a Public Announcement of a declaration under this section shall state that the Restriction Stage that is continued in force or that comes into force after October 15th will remain in force until further declaration by either the Commissioner or the General Manager of Engineering. 5.12 The following general restrictions apply to all stages of the Bylaw in addition to the specific water restrictions of sections 5.5 through 5.8, inclusive:  All hoses must have an Automatic Shut-off Device.  Water must not unnecessarily run off on Impermeable Surfaces such as driveways, curbs, pathways, or gutters when Watering Lawns and plants.  Artificial playing turf and outdoor tracks must not be watered except for a health or safety reason.  Hoses and taps must not run unnecessarily.  Irrigation systems must not be faulty, leaking or misdirected. 6. TOWNSHIP DECLARATION AND ANNOUNCEMENT 6.1 Notwithstanding a declaration by the Commissioner activating a Restriction Stage, the General Manager of Engineering may also declare a Restriction Stage higher than that declared by the Commissioner. A declaration by the General Manager of Engineering may be Township-wide, or may affect only a specific area that is experiencing a Water supply issue. 6.2 The Commissioner and the General Manager of Engineering may make one or more declarations under this Part. 7. PERMIT 7.1 A Person who has installed a New Lawn, either by placing sod or turf or by seeding, may apply to the General Manager of Engineering for a Permit authorizing the Person to water the New Lawn when Stage 1 Restrictions are in force, at times specified in the Permit, at the premises described in the Permit, during the currency of the Permit. A Permit does not exempt the holder from Stage 2 Restrictions, Stage 3 Restrictions, or Stage 4 Restrictions; however, should a Person hold a valid permit prior to Stage 2 Restrictions, the permit will remain valid until the expiry date indicated. #5771 11/04/22 Bylaw No. 5321 Page 7 7.2 The General Manager of Engineering, upon being satisfied that an applicant qualifies under section 7.1, shall issue a Permit to the applicant upon payment of a fee as outlined in Township of Langley Fees and Charges Bylaw 4616, as amended or replaced from time to time, which includes commercial, mixed use, and multi- family Residential properties. Should only one unit of a multi-family Residential property require a Permit, that unit may apply as a Residential property. 7.3 A Person who wishes to treat their lawn with nematodes in order to control the European Chafer Beetle may apply to the General Manager of Engineering for a Permit, with no associated application fee, authorizing the Person to water the nematode treatment area when Stage 1 Restrictions are in force, at times specified in the Permit, at the premises described in the permit. A Permit does not exempt the holder from Stage 2 Restrictions, Stage 3 Restrictions, or Stage 4 Restrictions; however, should a Person hold a valid permit prior to Stage 2 Restrictions, the permit will remain valid until the expiry date indicated. 7.4 A permit application for the application of nematodes must include, at time of submission, proof of: a. purchase of nematodes; or b. hiring of professional nematode application services 7.5 The General Manager of Engineering, upon being satisfied that an applicant qualifies under section 7.3 and 7.4, shall issue a Permit to the applicant. 7.6 A Permit issued under section 7 shall be affixed to a post facing the street serving the premises, beside the principal driveway from the street to the premises. A Permit alternatively shall be affixed in a ground level window visible from the street front. 7.7 A Permit issued under section 7 is valid for 21 consecutive days as indicated on the permit, and shall expire and be of no force or effect the day following the expiration date, as indicated on the permit, unless the Person has been issued an extension. 7.8 No new Permits shall be issued under Stage 2, Stage 3 or Stage 4 Restrictions. 7.9 No valid permit shall carry forward should Stage 3 or Stage 4 Restrictions be declared. 8. PERMIT EXTENSION 8.1 A Person may apply for one (1) extension of the Permit, issued through Section 7.2, on the same terms and conditions imposed under the original Permit, including paying the same fee amount again for the extension. A Permit extension shall be in effect from the day following the expiration date of the initial permit and shall be permitted for 21 additional consecutive days. The extended permit shall expire and be of no force or effect the day following the revised expiration date, as indicated on the permit. #5716 28/06/21 #5716 28/06/21 #5716 28/06/21 #5716 28/06/21 #5716 28/06/21 #5716 28/06/21 #5771 11/04/22 #5771 11/04/22 #5716 28/06/21 #5771 11/04/22 Bylaw No. 5321 Page 8 8.2 A Permit shall not be extended when: a. the Permit has been issued for nematode application through Section 7.5; or b. Stage 3 Restrictions or Stage 4 Restrictions are in effect. 9. OFFENCES AND PENALTIES 9.1 Every Person who violates or contravenes any of the provisions of this Bylaw, or suffers or allows to be done any act or thing that violates or contravenes this Bylaw, commits an offence. 9.2 A prosecution under this bylaw may be commenced by: a. proceedings under Division 3 of Part 8, of the Community Charter, S.B.C. 2003, c.26; or Bylaw Notice Enforcement Bylaw 2008 No. 4703, as amended from time to time; or; b. prosecution of the offence in accordance with the Offence Act, R.S.B.C. 1996, c.338. 9.3 Where a prosecution is commenced against a commercial entity pursuant to section 9.2 b. for an offence committed while Stage 4 Restrictions are in effect, upon conviction that Person shall be liable to pay a fine of not less than $5,000. 9.4 If an offence under this Bylaw continues for more than one day, separate fines each not exceeding the maximum fine for that offence may be imposed for each day or part thereof in respect of which the offence occurs or continues. 9.5 In a prosecution under this Bylaw the onus of establishing an exemption under sections 2, 4 and 6 of Schedule "A" lies with the Person claiming the exemption. 10. General Provisions 10.1 This Bylaw comes into force and takes effect on the date of its passing. 10.2 In this Bylaw words importing the singular number include the plural number and vice versa. 11. Severability If any of this Bylaw (or any part of a section, subsection or clause) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that section, subsection or clause shall, to the extent required, be deemed not to form part of this Bylaw, and the validity and enforceability of the other sections, subsections or clauses of this Bylaw shall not be affected. 12. Repeal Langley Water Shortage Response Bylaw 2012 No. 4909 and all amendments thereto are hereby repealed in their entirety. #5716 28/06/21 Bylaw No. 5321 Page 9 READ A FIRST TIME the 05 day of March , 2018. READ A SECOND TIME the 05 day of March , 2018. READ A THIRD TIME the 05 day of March , 2018. RECONSIDERED AND ADOPTED the 19 day of March , 2018. "JACK FROESE" Mayor "WENDY BAUER" Township Clerk Bylaw No. 5321 Page 9 SCHEDULE "A" STAGE 1 RESTRICTIONS 1. Subject to Section 2 of this Schedule, when Stage 1 Restrictions are in force, no Person shall: a) Water Lawns, except: i) for Residential premises with Even Numbered Civic Addresses, on Saturdays: - between the hours of 5:00am and 7:00am if watering by Automatic Watering; or, - between the hours of 6:00am and 9:00am if watering by Manual Watering; and, ii) for Residential premises with Odd Numbered Civic Addresses, on Sundays: - between the hours of 5:00am and 7:00am if watering by Automatic Watering; or, - between the hours of 6:00am and 9:00am if watering by Manual Watering; and, iii) for Non-Residential premises, Schools, and Parks with Even Numbered Civic Addresses, on Mondays: - between the hours of 4:00am and 6:00am if watering by Automatic Watering; or, - between the hours of 6:00am and 9:00am if watering by Manual Watering; and, iv) for Non-Residential premises, Schools, and Parks with Odd Numbered Civic Addresses, on Tuesdays: - between the hours of 4:00am and 6:00am if watering by Automatic Watering; or, - between the hours of 6:00am and 9:00am if watering by Manual Watering; and b) Water trees, shrubs, and flowers excluding Edible Plants, if using a sprinkler, except: i) for Residential premises, on any day between the hours of 5:00am and 9:00am; and ii) for all Non-Residential premises, Schools, and Parks, on any day between the hours of 4:00am and 9:00am; and c) Water Soil-based Playing Fields, except: i) from 7:00pm to 9:00am on any day unless watering newly Over-seeded fields if in compliance with a Permit; and ii) from 7:00pm to 9:00am unless operating under an approved Water Management Plan; and #5771 11/04/22 #5771 11/04/22 Bylaw No. 5321 Page 10 d) Water Sand-based Playing Fields, except: i) from 7:00pm to 9:00am on any day unless watering newly Over-seeded fields if in compliance with a Permit; and ii) from 7:00pm to 9:00am unless operating under an approved Water Management Plan; and 2. Section 1 of this Schedule does not apply to: a) Lawns or landscaping i) a Person who waters Lawns or landscaping at premises described in a valid and subsisting Permit, provided the Person is and has been at all times in compliance with the Permit:  for Residential premises with a Permit, watering is unrestricted each day between the hours of 5:00am and 9:00am, and  for Non-Residential premises with a Permit, watering is unrestricted each day between the hours of 4:00am and 9:00am; and b) Watering: i) trees, shrubs, flower gardens, vegetable gardens, decorative planters; on any day at any time if using a handheld hose, Soaker Hose, water container, or Drip Irrigation; and ii) at nurseries, farms, turf farms, tree farms; and c) Commercial car washes; and d) Topping up or filling of pools, spas, Water Play Parks, and Aesthetic Water Features. 3. When Stage 1 Restrictions are in force, no Person shall: a) Flush Water Mains unless under an exemption for a health or safety concern; or b) Use a hose unless equipped with an Automatic Shut-off Device; or c) Allow Water to unnecessarily run off on Impermeable Surfaces such as driveways, curbs, pathways, or gutters at any time; or d) Water artificial playing turf and outdoor tracks except for a health or safety reason; or e) Run hoses and taps unnecessarily; or f) Have an irrigation system that is faulty, leaking or misdirected. #5771 11/04/22 Bylaw No. 5321 Page 11 STAGE 2 RESTRICTIONS 4. Subject to section 5 of this Schedule, when Stage 2 Restrictions are in force, no Person shall: a) Water Lawns or boulevards; and, b) Water trees, shrubs, and flowers excluding Edible Plants, if using a sprinkler, except: i) for Residential premises, on any day between the hours of 5:00am and 9:00am; and ii) for all Non-Residential premises, Schools, and Parks, on any day between the hours of 4:00am and 9:00am; and c) Wash Impermeable Surfaces, except: i) For Health and Safety Reasons; and ii) Preparing a surface for painting or similar treatment; and iii) Aesthetic Cleaning by a Commercial Cleaning Operation; and d) Top up or fill Aesthetic Water Features; and e) Water Golf Course fairways, except anytime on any one day in a 7-day period, unless if operating under an approved Water Management Plan; and f) Water Soil-based Playing Fields more than 4 days in a 7-day period from 7:00pm to 9:00am on any day, except: i) unless watering newly Over-seeded fields if in compliance with a Permit; and ii) unless operating under an approved Water Management Plan; and g) Water Sand-based Playing Fields, except: i) from 7:00pm to 9:00am on any day unless watering newly Over-seeded fields if in compliance with a Permit; and ii) from 7:00pm to 9:00am on any day unless operating under an approved Water Management Plan; and h) Operate Water Play Parks, except Water Play Parks with user-activated switches; and 5. Section 4 of this Schedule does not apply to: a) A Person who waters Lawns or landscaping at premises described in a Stage 1 issued Permit, provided the Permit has not expired and provided the Person is and has been at all times in compliance with the Permit; and, #5771 11/04/22 #5771 11/04/22 #5771 11/04/22 Bylaw No. 5321 Page 12 b) Watering: i) trees, shrubs, and flowers excluding Edible Plants; on any day at any time if using a handheld hose, Soaker Hose, water container, or Drip Irrigation; and ii) at nurseries, farms, turf farms, tree farms; and c) Commercial car washes; and 6. When Stage 2 Restrictions are in force, no Person shall: a) Flush Water Mains unless under an exemption for a health or safety concern; or b) Use a hose unless equipped with an Automatic Shut-off Device; or c) Allow Water to unnecessarily run off on Impermeable Surfaces such as driveways, curbs, pathways, or gutters at any time; or d) Water artificial playing turf and outdoor tracks except for a health or safety reason; or e) Run hoses and taps unnecessarily; or f) Have an irrigation system that is faulty, leaking or misdirected. STAGE 3 RESTRICTIONS 7. Subject to section 8 of this Schedule, when Stage 3 Restrictions are in force, no Person shall: a) Water Lawns or boulevards; and b) Water trees, shrubs, and flowers excluding Edible Plants, if using a sprinkler or Soaker Hose, and; c) Wash Impermeable Surfaces, except: i) For Health and Safety Reasons; and ii) Preparing a surface for painting or similar treatment by a Commercial Cleaning Operation; and d) Wash Vehicles and boats, except to clean windows, lights, mirrors, license plates, and boat engines for safety; and e) Top up or fill Aesthetic Water Features; and f) Top up or fill pools and hot tubs; except for pools and hot tubs with a permit to operate in accordance with health authorities having jurisdiction over pool and hot tub regulation; and g) Water Golf Course fairways, except if operating under an approved Water Management Plan; and Bylaw No. 5321 Page 13 h) Water Soil-based Playing Fields more than 3 days in a 7-day period from 7:00pm to 9:00am on any day, except: i) unless watering newly Over-seeded fields if in compliance with a Permit; and ii) unless operating under an approved Water Management Plan; and i) Water Sand-based Playing Fields more than 5 days in a 7-day period from 7:00pm to 9:00am on any day, except: i) unless watering newly Over-seeded fields if in compliance with a Permit; and ii) unless operating under an approved Water Management Plan; and j) Operate Water Play Parks, except Water Play Parks with user-activated switches; and k) Operate Commercial Vehicle Washing, except: i) a facility that installed an Automatic Vehicle Wash System before November 1, 2017, operating on a Basic Wash and Rinse Cycle only; and ii) a facility that installed an Automatic Vehicle Wash System after November 1, 2017, operating using a Water recycling system that achieves a minimum 60% Water recovery rate over the full wash cycle; and iii) a Hand Wash and Self-service Facility, operated using high-pressure wands or brushes that achieve a maximum flow of 11.4 litres per minute. 8. Section 7 of this Schedule does not apply to: a) Watering trees, shrubs, and flowers excluding Edible Plant; on any day at any time if using a handheld hose, water container, or Drip Irrigation. 9. When Stage 3 Restrictions are in force, no Person shall: a) Flush Water Mains unless under an exemption for a health or safety concern; or b) Use a hose unless equipped with an Automatic Shut-off Device; or c) Allow Water to unnecessarily run off on Impermeable Surfaces such as driveways, curbs, pathways, or gutters at any time; or d) Water artificial playing turf and outdoor tracks except for a health or safety reason; or e) Run hoses and taps unnecessarily; or f) Have an irrigation system that is faulty, leaking or misdirected. #5771 11/04/22 #5771 11/04/22 Bylaw No. 5321 Page 14 STAGE 4 RESTRICTIONS 10. When Stage 4 Restrictions are in force, no Person shall: a) Water Lawns, grass boulevards, trees, shrubs, flowers and Edible Plants; and b) Top up or fill pools and hot tubs; and c) Top up or fill Aesthetic Water Features; and d) Wash Impermeable Surfaces; except if ordered by a regulatory authority having jurisdiction for a health or safety reason; and e) Wash Vehicles and boats; except to clean windows, light, mirrors, license plates, and boat engines for safety; and f) Water Soil-based Playing Fields; and g) Water Sand-based Playing Fields; and h) Flush Water Mains; and i) Operate Water Play Parks. 11. For greater certainty, section 10 of this Schedule applies to all areas of: a) Residential and Non-Residential premises; and b) Golf Courses; c) nurseries, farms, turf farms, tree farms; d) sports playing fields; e) school yards; and f) parks. Bylaw No. 5321 Page 15 SCHEDULE "B" INFORMATION FOR PUBLIC ANNOUNCEMENT OF STAGE 1 RESTRICTIONS A Public Announcement of Stage 1 Restrictions is sufficient for the purposes of section 5.5 of this Bylaw if it includes substantially the following information:  That Automatic Watering of Lawns and grass boulevards at Residential premises is allowed from 5:00am to 7:00am while Manual Watering of Lawns and grass boulevards is allowed between 6:00am and 9:00am; and that even-numbered civic addresses may water only on Saturdays, and that odd-numbered civic addresses may water only on Sundays.  That Automatic Water of Lawns and grass boulevards at Non-Residential premises, Schools, and Parks is allowed from 4:00am to 6:00am while Manual Watering is allowed from 6:00am to 9:00am; and that even-numbered civic addresses may water only on Mondays, and that odd-numbered civic addresses may water only on Tuesdays.  That watering of Residential trees, shrubs, and flowers, excluding Edible Plants, by sprinkler is allowed only from 5:00am to 9:00am each day; watering using a handheld hose, Soaker Hose, water container, or Drip Irrigation is permitted on any day at any time.  That watering Non-Residential, School, and Park trees shrubs, and flowers excluding Edible Plants, by sprinkler is allowed only from 4:00am to 9:00am each day; watering using a handheld hose, Soaker Hose, water container, or Drip Irrigation is permitted on any day at any time.  That Soil-based Playing Fields must not be watered outside of 7:00pm to 9:00am on any day, except with a Permit or approved Water Management Plan  That Sand-based Playing Fields must not be watered outside of 7:00pm to 9:00am on any day, except with a Permit or approved Water Management Plan. #5771 11/04/22 Bylaw No. 5321 Page 16 SCHEDULE "C" INFORMATION FOR PUBLIC ANNOUNCEMENT OF STAGE 2 RESTRICTIONS A Public Announcement of Stage 2 Restrictions is sufficient for the purposes of section 5.6 of this Bylaw if it includes substantially the following information:  That Watering Lawns and grass boulevards is prohibited  That watering of Residential trees, shrubs, and flowers excluding Edible Plants, by sprinkler is allowed only from 5:00am to 9:00am each day; watering using a handheld hose, Soaker Hose, water container, or Drip Irrigation is permitted on any day at any time  That watering of Non-Residential, School, and Park trees shrubs, and flowers excluding Edible Plants, by sprinkler is allowed only from 4:00am to 9:00am each day; watering using a handheld hose, Soaker Hose, water container, or Drip Irrigation is permitted on any day at any time  That washing of Impermeable Surfaces is prohibited, unless the work is performed for reasons of health, safety or to prepare a surface for painting or similar treatment, or if Aesthetic Cleaning is performed by a Commercial Cleaning Operation  That top up or fill of Aesthetic Water Features is prohibited  That Golf Course fairways must be watered under an approved Water Management Plan if more than one day a week in a 7-day period  That Soil-based Playing Fields must not be watered more than 4 days in a 7-day period from 7:00pm to 9:00am on any day, except with a Permit or approved Water Management Plan  That Sand-based Playing Fields must not be watered outside of 7:00pm to 9:00am on any day, except with a Permit or approved Water Management Plan  That the operation of Water Play Parks, except those with user-activated switches, is prohibited. #5771 11/04/22 Bylaw No. 5321 Page 17 SCHEDULE "D" INFORMATION FOR PUBLIC ANNOUNCEMENT OF STAGE 3 RESTRICTIONS A Public Announcement of Stage 3 Restrictions is sufficient for the purposes of section 5.7 of this Bylaw if it includes substantially the following information:  That Watering Lawns and grass boulevards is prohibited  That use of Water on Residential and Non Residential trees, shrubs, and flowers excluding Edible Plants, by sprinkler or Soaker Hose is prohibited  That Residential and Non-Residential gardens, shrubs, trees and flower beds may only be watered by hand, by containers or Drip Irrigation  That washing of Impermeable Surfaces, unless the work is performed for reasons of health, safety or to prepare a surface for painting or similar treatment by a Commercial Cleaning Operation is prohibited  That washing of Vehicles and boats using any method is prohibited, except for features required for safety  That top up or fill of Aesthetic Water Features is prohibited  That top up or fill of pools and hot tubs; except for pools and hot tubs with a permit to operate in accordance with health authorities having jurisdiction over pool and hot tub regulation, is prohibited  That Golf Course fairways may only be watered under an approved Water Management Plan  That Soil-based Playing Fields must not be watered more than 3 days in a 7-day period from 7:00pm to 9:00am on any day, except with a Permit or approved Water Management Plan  That Sand-based Playing Fields must not be watered more than 5 days in a 7-day period from 7:00pm to 9:00am on any day, except with a Permit or approved Water Management Plan  That the operation of Water Play Parks, except those with user-activated switches, is prohibited  That operation of a commercial Vehicle wash is prohibited, except; a) a facility that installed an Automatic Vehicle Wash System before November 1, 2017, operating on a Basic Wash and Rinse Cycle only; or b) a facility that installed an Automatic Vehicle Wash System after November 1, 2017, operating using a Water recycling system that achieves a minimum 60% Water recovery rate over the full wash cycle; or c) a Hand Wash and Self-service Facility, operated using high-pressure wands or brushes that achieve a maximum flow of 11.4 litres per minute. Bylaw No. 5321 Page 18 SCHEDULE "E" INFORMATION FOR PUBLIC ANNOUNCEMENT OF STAGE 4 RESTRICTIONS A Public Announcement of Stage 4 Restrictions is sufficient for the purposes of section 5.8 of this Bylaw if it includes substantially the following information:  That Watering Lawns and grass boulevards is prohibited  That the use of Water for Residential and Non-Residential trees, shrubs, flowers and Edible Plants by any method is prohibited, including Drip Irrigation  That watering Soil-based or Sand-based Playing Fields is prohibited  That top up or refilling of private, commercial and public Aesthetic Water Features, hot tubs and swimming pools is prohibited  That decorative fountains must be shut down  That winterization of all pools is to be delayed until restrictions are lifted  That private and commercial washing of Impermeable Surfaces; except if ordered by a regulatory authority having jurisdiction for a health or safety reason, is prohibited  That washing of Vehicles and boats using any method is prohibited, except for features required for safety, including washing at Commercial Vehicle Washing facilities  That the operation of Water Play Parks is prohibited  That Flushing Water Mains is prohibited.