Water Conservation and Staged Restrictions Bylaw No. 1273, 2011 — full text

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## TOWN OF OSOYOOS WATER CONSERVATION AND STAGED RESTRICTION BYLAW BYLAW NO. 1273 A BYLAW to establish a form of water conservation and staged restrictions for water use. WHEREAS Council deems it desirable to conserve water; and WHEREAS Council agrees that it is prudent to provide for a system of limiting the use of water, other than regular household use, when the water supply for the Town is at low levels; and AND WHEREAS the Community Charter authorizes the Town to regulate the use of water; NOW THEREFORE the Council of the Town of Osoyoos in open meeting assembled enacts as follows: ## Citation - This Bylaw may be citied as "Water Conservation and Staged Restriction Bylaw No. 1273, 2011" ## Definitions - In this bylaw: Address means the civic house number assigned to a property; - Appliance means a device or mechanism, other than that owned and operated by the Town, in or through which water is piped or used for a domestic or commercial purpose; - Boulevard means that portion of any highway other than the paved, improved or main travelled roadway, driveway, or sidewalk and includes any landscaped median; - Bylaw Enforcement Officer means a person appointed by the Town to enforce this bylaw; - CAO means the Chief Administrative Officer for the Town of Osoyoos or his designate; Council means the Council of the Town of Osoyoos; - Exempted Person means an owner or occupier of property identified in Schedule "A" as exempt from one or more of the regulations under this bylaw; - Fill means to fill more than 15% of the total capacity of a swimming pool, wading pool, hot tub, garden pond, decorative fountain with water. Micro-Irrigation or Drip-Irrigation System means a system using irrigation components which consume less than 20 gallons per hour and operate at less than 25 psi to deliver water to the root zone of the plant material being irrigated. Permit means a permit issued under Section 12 of this bylaw. Regulate includes allow, commence, stop, limit, open, shut and prohibit. - Restricted Hours means those time periods during which watering is permitted in Schedule "A" of this Bylaw. - Sprinkler means a hose connected to other sprinkler system but excludes a Micro-irrigation or drip-irrigation system. - Stage means the Stages Normal, 1, 2, 3, and 4 and 5 Emergency of Water Use Restrictions as prescribed in Schedule A of this bylaw. Town means the Town of Osoyoos Vehicle means a device in or on by which a person or thing is or may be transported or drawn on a highway, except a device designed to be moved by human power. Water Use Restrictions means the restrictions prescribed in Schedule "A" of this bylaw. Watering days means those days during which watering is permitted in Schedule "A" of this bylaw. ## Prohibitions and Inspection 3. No person shall damage or allow the deterioration of any Appliance which will result in a waste of water. 4. No person, being an Owner or Occupier of property in the Town shall use water or cause water to be used contrary to the provisions of this bylaw in effect at the time of use. 3. No person shall waste water by using more water than is required to provide a service, produce a product, or complete a task, including but not limited to, allowing a tap or hose to run water unnecessarily or over-watering plants or lawns. 6. A Bylaw Enforcement Officer has the authority to enter at all reasonable times on any property that is subject to this bylaw to ascertain whether the requirements of this bylaw are being met or the regulations in this bylaw are being observed. ## Determining Restrictions. 7. The Council will determine the stage of restriction based on the reservoir capacity, stream flow, or precipitation. ## Notice 8. The CAO must give or cause Notice to be given to persons within the Town of the applicable Stage and its effective dates, if available. 9. The Notice under subsection 8 must be given at least once before the commencement of the applicable Stage, and within a reasonable time after the determination of the CAO to alter stage status. 10. The Notice under subsection 8 must be published on the Town's website and broadcast from a radio station and may also be published by any other means as determined by the CAO. ## Water Use Restrictions 11. The water use Restrictions for each Stage are prescribed in Schedule "A" to this bylaw and must be obeyed during the period that the applicable stage is in effect under this bylaw. ## Permits, Exemptions and Special Cases 12. The CAO may issue Permits in the special cases and manner prescribed in Schedule "B". 13. Exemptions and special cases to the regulations in this bylaw are prescribed in Schedule "A". 14. Exempted Persons and Permit holders are exempted from Section 11 to the extent permitted by Schedule "A and the conditions of a Permit issued under Schedule "B" where applicable. 15. All areas irrigated by spray effluent are exempted from the restrictions in Schedule "A". ## Schedules 16. Schedules "A" and "B" of this bylaw form part of and are enforceable in the same manner as this bylaw. ## PENALTY 17. The Town may turn off the supply of water to any person in default of the requirements of this Bylaw. The person in default shall not be entitled to receive any further water from the Town until such person has remedied the default. It shall be unlawful for any person whose water has been turned off pursuant to this section, to turn such water on again, or take any water from the Town's works until such time as the Town authorizes the service to be restored The turning on/off of a water service shall be at the sole discretion of the Town. The charge for turning off a water service for which a person has not complied with the provisions of this Bylaw shall be fifty dollars ($50.00) and the charge for turning on a water service which has been turned off due to a person not complying with provisions of this Bylaw shall be fifty dollars ($50.00). 18. Any person who contravenes any provision of this Bylaw is guilty of an offence under the Offence Act and on conviction to a fine not more than ten thousand dollars ($10,000.00) plus the cost of prosecution for each offence. 19. Each day that a contravention of the provisions of this bylaw exists or is permitted to exist shall constitute a separate offence. ## SEVERABILITY 20. If any section, subsection, sentence, clause or phrase of this Bylaw, which is for any reason held to be invalid by the decision of any Court of competent jurisdiction, may be severed from the balance of this Bylaw without affecting the validity of the remaining portions of the Bylaw. Read a first time on the 4* day of April, 2011 Read a second and third time on the 2d day of May, 2011 Adopted on the 16t day of May, 2011.  ORPORATE ADMINISTRATIVE OFFICER  ## Schedule "A" Water Conservation and Staged Restriction Bylaw No. 1273, 2011 ## Normal Sprinkling is permitted at residential commercial and other non-agricultural properties on any day of the week as follows: ## a) Automatically Controlled Underground Sprinkling Systems (Residential and Commercial): Properties equipped with an automated time clock sprinkler system may only sprinkle between the hours of 12:00 midnight to 6:00 AM on the days permitted by the sprinkling regulations as described above. ## Manually Controlled Sprinklers (Residential and Commercial): Properties equipped with only manually controlled sprinkling systems, including those attached to outside taps, may only operate from 6:00 AM to 11:00 AM and from 6:00 PM to 12:00 midnight on the days permitted by the sprinkling regulations as described above. - c) Sprinkling is not permitted between the hours of 11:00 AM and 6:00 PM during any day at any time of the year. Only one ½" (9mm) diameter outlet (outside tap) may be used at one time for sprinkling, and further, it is not permissible to use an open pipe or hose for irrigating purposes. - d) No use of water hoses is permitted for the purpose of washing boats or motor vehicles unless equipped with an automatic shut off nozzle. 2. No use of ornamental water fountains or garden pond are permitted unless equipped with a recirculating water pumping system. - f) No person shall use waterto wash sidewalks, driveways or parking lots, except and only if necessary tor applying a product such as paint or preservative, or when preparing a surface prior to paving or repointing bricks, or if required by law to comply with health or safety regulations. ## 2. Stage 1 - ALTERNATE DAYS WATERING: If the CAO gives notice that a reduction in water use is necessary requiring Stage 1 restrictions, the following shall apply: ## a) Days of Watering: Sprinkling is only permitted at residential, commercial and other non-agricultural properties as follows: Even numbered addresses: Watering is only permitted on Even Calendar Days Odd numbered addresses: Watering is only permitted on Odd Calendar Days - Automatically Controlled Underground Sprinkling Commercial): | Systems (Residential and Properties equipped with an automated time clock sprinkler system may only sprinkle between the hours of 12:00 midnight to 6:00 AM on the days permitted by the sprinkling regulations as described above. - Manually Controlled Sprinklers (Residential and Commercial): c) Properties equipped with only manually controlled sprinkling systems, including those attached to outside taps, may only operate from 6:00 AM to 11:00 AM and from 6:00 PM to 12:00 midnight on the days permitted by the sprinkling regulations as described above. - Sprinkling is not permitted between the hours of 11:00 AM and 6:00 PM during any day at any time of the year. Only one ½" (9mm) diameter outlet (outside tap) may be used at one time for sprinkling, and further, it is not permissible to use an open pipe or hose for irrigating purposes. - No use of water hoses is permitted for the purpose of washing boats or motor vehicles unless equipped with an automatic shut off nozzle. e) - No person shall use water to wash sidewalks, driveways or parking lots, except and only if necessary for applying a product such as paint or preservative, or when preparing a surface prior to paving or repointing bricks, or if required by law to comply with health or safety regulations - Notwithstanding the above, the following are exempt from Stage 1 restrictions: - i) Watering of public sports playing fields, turf farms, and golf courses; - ii) Watering of flower and vegetable gardens, decorative planters, shrubs and trees using micro-irrigation, drip-irrigation, or a hose with an automatic shut off nozzle; - Commercial car washes so long as each vehicle wash does not exceed 57 L of water. - iv) Under authority of permit issued under this bylaw. - As a further exemption to the Stage 1 restriction, owners or occupiers of property who, by reason of physical or mental incapacity are unable to water their property within the restricted days and times, may water their property on any two days of the week for a h) ## 3. Stage 2 - TWICE A WEEK WATERING: If the CAO gives notice that a reduction in water use is necessary requiring Stage 2 restrictions, the following shall apply: - Days of Watering: Sprinkling is only permitted at residential, commercial and other non-agricultural properties as follows: Even Numbered Addresses: Watering is only permitted on Saturdays and Tuesdays Odd Numbered Addresses: Watering is only permitted on Sundays and Wednesdays ## Automatically Controlled Underground Sprinkling Systems (Residential and Commercial): Properties equipped with an automated time clock sprinkler system may only sprinkle between the hours of 12:00 midnight to 6:00 AM on the days permitted by the sprinkling regulations as described above. ## Manually Controlled Sprinklers (Residential and Commercial): Properties equipped with only manually controlled sprinkling systems, including those attached to outside taps, may only operate from 6:00 AM to 11:00 AM and from 6:00 PM to 12:00 midnight on the days permitted by the sprinkling regulations as described above. - No use of water hoses is permitted for the purpose of washing boats or motor vehicles. - e) No person shall use water to wash sidewalks, driveways or parking lots, or exterior building surfaces except and only if necessary for applying a product such as paint, preservative and stucco, preparing a surface prior to paving or repointing bricks, or if required by law to comply with health or safety regulations - Notwithstanding the above, the following are exempt from Stage 2 restrictions: - i) Watering of public sports playing fields, turf farms if failure to do so will result in permanent loss of plant material; - Watering of flower and vegetable gardens, decorative planters, shrubs and trees using micro-irrigation, drip-irrigation, or a hose with an automatic shut off nozzle; - ії) tee-off areas and putting greens of golf courses; - iv) Commercial car washes so long as each vehicle wash does not exceed 57 L of water. - V) Under authority of permit issued under this bylaw. - As a further exemption to the Stage 2 restriction, owners or occupiers of property who, by reason of physical or mental incapacity are unable to water their property within the restricted days and times, may water their property on any two days of the week for a maximum of 9 hours per day. ## 4. Stage 3 - ONCE A WEEK WATERING: If the CAO gives notice that a reduction in water use is necessary requiring Stage 3 restrictions, the following shall apply: - Sprinkling is only permitted as residential, commercial and other non-agricultural properties as follows: Even numbered addresses: Watering is only permitted of Saturdays Odd numbered addresses: Watering is only permitted on Sunday ## Automatically Controlled Underground Sprinkling Systems (Residential and Commercial): Properties equipped with an automated time clock sprinkler system may only sprinkle between the hours of 12:00 midnight to 6:00 AM on the days permitted by the sprinkling regulations as described above. - c) Manually Controlled Sprinklers (Residential and Commercial): Properties equipped with only manually controlled sprinkling systems, including those attached to outside taps, may only operate from 6:00 AM to 11:00 AM and from 6:00 PM to 12:00 midnight on the days permitted by the sprinkling regulations as described above. - d) No Person Shall: - i) Fill a swimming pool, hot tub, garden pond or decorative fountain at any time; or - ii) Wash a vehicle or a boat with water; - e) Notwithstanding the above, the following are exempt from Stage 3 restrictions: - i) Watering of public sports playing fields, turf farms if failure to do so will result in permanent loss of plant material; - il) Commercial car washes so long as each vehicle wash does not exceed 57 L of water. - Watering of flower and vegetable gardens, decorative planters, shrubs and trees using micro-irrigation, drip-irrigation or a hose with an automatic shut off nozzle - iv) Under authority of permit issued under this bylaw. ## Stage 4 - NO LAWN WATERING: If the CAO gives notice that a reduction in water use is necessary requiring Stage 4 restrictions, the following shall apply: - a) No person shall: - 1) sprinkle or irrigate any lawn or boulevard; - i) fill a swimming pool, hot tub, garden pond or decorative fountain at any time; or - ii) wash a vehicle or a boat with water; - b) Notwithstanding the above, the following are exempt from Stage 4 restrictions: - i) Commercial car washes so long as each vehicle wash does not exceed 57 L of - ii) watering of flower and vegetable gardens, decorative planters, shrubs and trees using micro-irrigation, drip irrigation, or a hose with an automatic shut off nozzle between the hours of 6:00 AM to 11:00 AM and 7:00 PM to 10:00 PM. ## 6. Stage 5 Emergency - NO OUTDOOR WATERING If the If the CAO gives notice that a reduction in water use is necessary requiring Stage 5 Emergency restrictions, the following shall apply: - No person shall use water outdoors for any purpose. * Notwithstanding any restrictions in Stages Normal, and 1 - 5, all areas being irrigated with spray effluent are exempted from restrictions in this bylaw. ## Schedule "B" Water Conservation and Staged Restriction Bylaw No. 1273, 2010 ## Permit Guidelines 1. A person who has installed a new lawn, either newly seeded or new sod, may apply to the Town for a permit, in the form set out in this Bylaw, which will allow the new lawn to be sprinkled outside of watering days, but within restricted hours. 2. A permit issued under Section 1 of this Schedule shall be conspicuously displayed at the premises for which it was issued. 3. New sod may be sprinkled for 21 days after installation, and newly seeded lawn may be sprinkled until growth is established or for 49 days after installation, whichever is less, provided a permit pursuant to Section 1 has been issued for the premises at which the new lawn has been installed. 4. After expiration of a permit issued under Section 1, a person may apply for and may obtain subsequent permits under Section 1. 5. Permits will not be issued or be valid during Stage 3, 4, or 5 restrictions. Issued to: ## Water Use Permit Name Address For: - [ ] - Other (specify) - [ ] New Lawn Seed - [ ] New Lawn Sod Valid from : to This Permit allows the holder to sprinkle on a daily basis Between the hours of 6:00 AM to 11:00 AM And 6:00 PM to 12:00 midnight ONLY For the period as specified above. Chief Administrative Officer This Permit is to be displayed at the premises for which it was issued.