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Village of Pemberton Outdoor Water Use Regulations Bylaw No. 792, 2015, CONSOLIDATION, August
26, 2021
OUTDOOR WATER
USE BYLAW
VILLAGE OF PEMBERTON
BYLAW NO. 792, 2015
Fourth & Final Readings
July 21st, 2015
OFFICE CONSOLIDATION: August 26, 2021
This document is an office consolidation of the Village of Pemberton Outdoor Water Use
Regulation Bylaw No. 792, 2015 (adopted July 21, 2015) and subsequent amendments adopted by
Village Council.
All persons making use of this consolidation are reminded that it has no Council sanction, that
amendments have been incorporated only for convenience of reference, and that for all purposes
of interpretation and application that original bylaw should be consulted.
The Village of Pemberton will, in no event, be liable or responsible for damages of any kind arising
out the use of this consolidation.
This is not the official version of the Village of Pemberton Outdoor Water Use Regulation Bylaw
No. 792, 2015, nor is it admissible in a court of law. For such purposes, official certified copies
can be obtained from the Village Office or by contacting us at: [email protected].
Village of Pemberton Outdoor Water Use Regulations Bylaw No. 792, 2015, CONSOLIDATION, August
26, 2021
VILLAGE OF PEMBERTON
BYLAW No. 792, 2015
Being a bylaw to regulate the use of water within the Village of Pemberton.
WHEREAS Section 8 of Part 2 of the Community Charter authorizes Council to enact
bylaws that regulate, prohibit and impose requirements in relation to a municipal service;
AND WHEREAS Council has established a community water distribution service and
wishes to regulate the outdoor use of that service;
NOW THEREFORE, the Council of the Village of Pemberton, in open meeting
assembled, ENACTS AS FOLLOWS:
1.
CITATION
This Bylaw may be cited as "Village of Pemberton Outdoor Water Use Regulation
Bylaw No. 792, 2015."
2.
DEFINITIONS
In this bylaw:
"Even numbered days" means even numbered days of the calendar month;
"Fees and Charges Bylaw" means Village of Pemberton Fees and Charges
Bylaw No. 905, 202, as amended or replaced from time to time. (Amendment Bylaw
No. 905, 2021)
"Garden Hose" means a flexible hose with an outside diameter of no more than
1 inch;
"In-Ground Irrigation System" means an irrigation system where pipes are
buried underground and sprinkler heads are spaced at chosen intervals to deliver
Village water and timers are used to turn Village water on and off automatically;
"Level One", "Level Two", "Level Three" and "Level Four" refers to periods of
time where water restrictions are in effect as established in section 4 of this Bylaw;
"Newspaper" means a publication that contains news and advertising and is
distributed at least weekly in the Village of Pemberton;
"Odd numbered days" means odd numbered days of the calendar month.
Village of Pemberton Outdoor Water Use Regulations Bylaw No. 792, 2015, CONSOLIDATION, August
26, 2021
"Sprinkle" or "sprinkling" means the application or distribution of water to lawns,
golf or other recreational fairways, fields, or any area consisting primarily of sod or
turf, by a Garden Hose or other device for scattering or spraying water, but does
not include hand watering by a hose or watering by way of soaker hoses, drip
irrigation or micro-irrigation systems or the application of water to flower beds and
vegetable gardens; (Amendment Bylaw No. 866, 2019)
"Village Official" means a duly authorized representative of the Village of
Pemberton as appointed by the Chief Administrative Officer to administer the
bylaw;
"Village" means Village of Pemberton;
"Water" means water supplied by the Village.
3.
PROHIBITION
No person shall, between June 1st and September 30th inclusive in every year, use
Water outdoors or cause, suffer or allow the use of Water outdoors except in
compliance with this bylaw.
4.
SPRINKLING RESTRICTIONS
Level One Restrictions:
4.1 Subject to further restrictions in subsections 4.2, 4.3 and 4.4, during the period
from June 1st through September 30th of each year, Level One restrictions are
in effect and the use of Water outdoors is restricted as follows:
(a) No person shall sprinkle or cause, suffer or allow sprinkling, except:
i)
at premises with an even-numbered civic address, on any even
numbered days; and
ii)
at premises with an odd numbered civic addresses, or with no civic
address, on odd numbered days.
(b) No person shall water outdoors by way of an In-Ground Irrigation System,
or cause, suffer or allow watering by that System, except as follows:
(i)
at premises with an even-numbered civic address, from 10:00
p.m. on any even numbered day until 4:00 a.m. of the day
following that day; and
(ii)
at premises with an odd-numbered civic address, or with no
civic address, from 10:00 p.m. on any on any odd numbered
day until 4:00 a.m. of the day following that day.
Village of Pemberton Outdoor Water Use Regulations Bylaw No. 792, 2015, CONSOLIDATION, August
26, 2021
Level Two Restrictions
4.2 During any period which has been declared by the Village Official as being a
Level Two restriction period, the use of Water outdoors is restricted as follows:
(a) No person shall sprinkle or cause, suffer or allow sprinkling except:
i) at premises with an even numbered civic address, on Thursdays and
Sundays between the hours of 4:00 a.m. and 9:00 a.m. or between
the hours of 7:00 p.m. and 10:00 p.m.; and
ii) at premises with an odd- numbered civic addresses, or with no civic
address, on Wednesdays and Saturdays between the hours of 4:00
a.m. and 9:00 a.m. or between the hours of 7:00 p.m. and 10:00 p.m.
(b) No person shall water outdoors by way of an In-Ground Irrigation
System, or cause, suffer or allow watering by that system, except on
days permitted under paragraph (a), and then only between the hours
of 10:00 p.m. of a permitted day and 4:00 a.m. of the day following that
day.
Level Three Restrictions
4.3
During any period which has been declared by the Village Official as being
a Level Three restriction period, the use of Water outdoors is restricted as
follows:
(a) No person shall sprinkle or allow sprinkling except as follows:
i) at premises with an even-numbered civic address, only on
Thursday, and then only:
a) between the hours of 4:00 a.m. and 9:00 a.m.; or
b) between the hours of 7:00 p.m. and 10:00 p.m.; and
ii) at premises with an odd-numbered civic address, or with no civic
address, only on Wednesday, and then only:
a) between the hours of 4:00 a.m. and 9:00 a.m.; or
b) between the hours of 7:00 p.m. and 10:00 p.m.
(b) No person shall water outdoors by way of an In-Ground Irrigation
System, or cause, suffer or allow watering by that System, except on
days permitted by paragraph (a), and then only between the hours of
10:00 p.m. on the permitted day and 4:00 a.m. on the following that day.
(c) No person shall use a Garden Hose:
Village of Pemberton Outdoor Water Use Regulations Bylaw No. 792, 2015, CONSOLIDATION, August
26, 2021
(i)
to wash sidewalks, driveways, roofs or other outdoor
surfaces; or
(ii)
To wash motor vehicles, boats or other recreational vehicles
or trailers. (Amendment Bylaw No. 866, 2019)
Level Four Restrictions
4.4
During any period which has been declared by the Village Official as being
a Level Four restriction period, the use of Water outdoors is restricted as
follows:
(a) No person shall, at any time:
(i)
sprinkle or cause, suffer or allow sprinkling;
(ii)
water outdoors by way of an In-Ground Irrigation System, or cause,
suffer or allow watering by that System;
(iii) Use a Garden Hose or pressure washing device to wash sidewalks,
driveways, roofs or other outdoor surfaces; or
(iv) Use a garden hose to wash motor vehicles, boats or other
recreational vehicles or trailers. (Amendment Bylaw No. 866, 2019)
5.
DELEGATION
5.1
The Village Official may:
(a) determine if and when further reduction in Water use is required
beyond the Level One restrictions for Water conservation reasons and
establish by declaration periods of time for Level Two, Level Three and
Level Four Water restrictions as he or she considers necessary for
appropriate conservation of Water;
(b) require the implementation of further water use reductions by written
order, and after the notification prescribed in Section 6; and
(c) issue a permit applied for under this Bylaw, and impose terms,
conditions and requirements on the permit as he or she considers
necessary or appropriate in the circumstances for the conservation of
Water.
5.2
In making a decision under subsection 5.1, the primary consideration will
be the appropriate conservation of Water and impacts on infrastructure in
all circumstances affecting the Water supply and infrastructure system, and
the Village Official may take into account relevant precipitation and weather
patterns, geological or other natural conditions, the maximum daily flow of
water from the Village Water supply and distribution system projections of
Village of Pemberton Outdoor Water Use Regulations Bylaw No. 792, 2015, CONSOLIDATION, August
26, 2021
usage, and any other factors that reasonably could impact the available
supply of Water over a particular time period.
5.3
The Village Official shall advise Council of the issuance of any orders
establishing Level 3 or Level 4 restrictions.
6.
NOTICES
6.1
Notices of Water Restriction declarations under Sections 4.2, 4.3 and 4.4 of
this bylaw shall be given by an announcement made on behalf of the Village
through publication in a newspaper and notices posted at the Village Notice
Boards, not less than forty-eight (48) hours prior to the commencement or
revocation of restrictions under the order.
7.
PERMITS
7.1
A person, owner or occupant of a parcel may apply to the Village Official for
a permit that allows for sprinkling on the premises despite a period of water
restrictions:
(a) a new lawn, either by replacing sod or by seeding;
(b) who has installed new landscaping on a substantial part of the
outdoor portion of a premises.
7.2
The Village Official may require the applicant for a permit to produce such
information as he or she considers relevant in the circumstances, and taking
into account the potential impact of the proposed activity on the Water
supply, may refuse, suspend, modify or cancel a permit if the activity occurs
during a Level Two or higher water restriction period or otherwise would, in
the Village Official's opinion, adversely affect Water conservation in the
circumstances.
7.3
A permit issued under Section 7.2 shall be conspicuously displayed at the
premises for which it was issued
7.4
A permit may be issued for up to ninety (90) days.
7.5
Before the expiration of a permit issued under section 7.2, a person may
apply for and obtain one (1) extension only of the permit.
7.6
Permit fees and charges shall be payable as set out in the Fees and
Charges Bylaw. (Amendment Bylaw No. 905, 2021)
Village of Pemberton Outdoor Water Use Regulations Bylaw No. 792, 2015, CONSOLIDATION, August
26, 2021
8.
EXEMPTIONS
8.1
Sections 4.3 (c) and 4.4 (iii) do not apply to outdoor areas which are required
to be cleaned or watered so as to comply with health, fire or safety
regulations or directives.
8.2
The provisions of 4.1, 4.2, 4.3 and 4.4 do not apply to the following:
a) golf Courses holding a valid and subsisting licence from the Village;
b) sports fields;
c) parks;
d) public gardens (Community Garden);
e) farm operations within the meaning of the Farm Practices Protection
(Right to Farm) Act in agricultural land reserve and other areas where
farm uses are permitted;
f) private, non-commercial vegetable gardens;
g) a commercial nursery; or
h) turf & sod within public road rights of way.
9.
OFFENSE AND PENALTY
9.1 This Bylaw may be enforced by the Village Official, a bylaw enforcement officer,
or another person designated by the Chief Administrative Officer.
9.2 Every person who contravenes any provision of this bylaw, or who causes,
permits, suffers or allows any act or thing to be done in contravention of this
bylaw, or who fails to do any act or thing required by this Bylaw, commits an
offence against this bylaw and upon conviction of an offence, shall be liable to:
a) pay a fine established in the Village of Pemberton Municipal Ticket
Utilization Bylaw, as amended from time to time; or
b) if proceedings are brought under the Offence Act, pay a fine and/or
penalty of not less than One Hundred Dollars ($100) and not more than
Ten Thousand Dollars ($10,000), plus the costs of prosecution, and any
other order imposed.
9.3 Each day that an offence against this bylaw continues amounts to a separate
and distinct offence.
10.
SCHEDULES
10.1. Schedule A is attached to and forms part of this bylaw and is enforceable in the
same manner as this bylaw. Schedule "A" - Fines (Amendment Bylaw No. 905, 2021)
Village of Pemberton Outdoor Water Use Regulations Bylaw No. 792, 2015, CONSOLIDATION, August
26, 2021
11.
SEVERABILITY
If any section, subsection, clause or phrase of this bylaw is held to be invalid for
any reason by a court or competent jurisdiction, the invalid portion shall be
severed and the decision that it is invalid shall not affect the validity of the
remainder of the bylaw.
READ A FIRST TIME this 7th day of July, 2015.
READ A SECOND TIME this 7th day of July, 2015.
READ A THIRD TIME this 7th day of July, 2015.
ADOPTED this 21st day of July, 2015.
____________________
____________________________
Mike Richman
Sheena Fraser
Mayor
Corporate Officer
Village of Pemberton Outdoor Water Use Regulations Bylaw No. 792, 2015, CONSOLIDATION, August
26, 2021
Schedule A - Fines (Amendment Bylaw No. 905, 2021)
Outdoor Water Use Regulations Bylaw No. 792, 2015
FINE
________________________________________________________________
Section: 4.1
Level One - First Offence
$100.00
Level One - Second Offence
$200.00
Level One - Third Offence
$300.00
Section 4.2
Level Two - First Offence
$100.00
Level Two - Second Offence
$200.00
Level Two - Third Offence
$300.00
Section 4.3
Level Three - First Offence
$100.00
Level Three - Second Offence
$200.00
Level Three - Third Offence
$300.00
Section 4.4
Level Four - First Offence
$250.00
Level Four - Second Offence
$500.00
Level Four - Third Offence
$1,000.00