Smithers, British Columbia
· No. 1811
· adopted 2017-07-11
· summary & facts
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Sm1ther
Town of o
BYLAW NO. 1811
WATER RESTRICTION BYLAW
A Bylaw to regulate water use
WHEREAS Section 8 of the Community Charfer, authorizes the Council of the Town
of Smithers to regulate a municipal service and water is a municipal service provided
by the Town;
NOW THEREFORE be it resolved that the Council for the Town of Smithers in open
meeting assembled, enacts as follows:
1. CITATION:
This Bylaw may be cíted for all purposes as "Bylaw No. 1811 - Water
Restriction Bylaw", and comes into effect on the date of adoption.
2. ADMIN¡STRATIVEPROVISION
2.1 lf any portion of this bylaw is found invalid by a court of competent
jurisdiction, it shall be severed and the severance shall not affect the
validity of the remainder of the bylaw.
2.2 The schedule to this bylaw is an integral part of this bylaw
3. DEFINITIONS:
"Automatic Shut Off Device" means a device attached to a water hose that
is spring loaded and shuts off supply of water automatically unless hand
pressure is applied to allow the supply of water.
"Director" means the Director of Works and Operations or Bylaw
Enforcement Officer for the Town of Smithers, or designate.
"Laì,vns" includes, but is not limited to, grass growing in cemeteries and
grassed boulevards".
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TOWN OF SMITHERS
BYLAW NO. 181 1
Page 2
"New Lawn" means an installed Lawn either by newly placed sod, turf or
grass seed.
"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 Town of Smithers
Zoning Bylaw No.1403.
"Person" does not include a municipality, a regional district, the provincial
government, or anybody 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:
A radio broadcast from a station that broadcasts to the Town of
Smithers; or
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 Town of
Smithers at least once per week; or
3. Website and social media postings.
"Residential" means the occupancy or use of a building, or part thereof, as a
dwelling unit as defined in the Town of Smithers Zoning Bylaw. Cases of
mixed use as defined in the Town of Smithers Zoning Bylaw No.1403 are
considered Residential.
"Restriction Stage" means Stage 1 Restrictions and Stage 2 Restrictions
"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 "4".
"Town" means the Corporation of the Town of Smithers or the geographical
area within the municipal boundaries thereof as the context may require.
"Town Water Supply" means the Town of Smithers water supply and
distribution system.
"Water" used as a noun means water supplied directly or indirectly by the
Town of Smithers.
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TOWN OF SMITHERS
BYLAW NO. 1811
Page 3
"Water" used as a verb, and "Watering", means the application or
distribution of water (used as a noun) to lands or plants but does not include
the method known as "drip irrigation".
"Water Restriction Announcement" means a Stage 1 announcement or
Stage 2 announcement.
"Water Restriction Exemption" means the following are exempt from Stage
1 and Stage 2water restrictions:
Residents not on Town Water Supply
New lawn installations.
RESTRICTION STAGES:
4.1 lf a Restriction Stage is declared to be activated, the Restriction Stage
described in the declaration comes into force in the Town of Smithers
after a Public Announcement of the declaration has been made.
4.2 When a Restriction Stage comes into force under Section 4.1, a
Restriction Stage that has been in force, if any, ceases to be in force
4.3 lf no Restriction Stage is in force on April 15th of any year, Stage 1
Restrictions come into force on that date without prior declaration or
announcement under Section 4.1.
4.4 lf Stage 1 Restrictions are declared to be activated, a Public
Announcement by the Director of Works and Operations is sufficient for
the purposes of Section 4.1 if it contains substantially the information
set out in Schedule "A".
4.5 lf Stage 2 Restrictions are declared to be activated, a Public
Announcement by the Director of Works and Operations is sufficient for
the purposes of Section 4.1 if it contains substantially the information
set out in Schedule "A".
4.6 No Restriction Stage remains in force after October 31st of any year,
unless a declaration is made under this part by the Town.
4.
ANNOUNCEMENTS OF
TOWN OF SMITHERS
BYLAW NO. 181 1
Page 4
5. DUTY TO GOMPLY:
DELIVERY
5.1 An order shall be sufficiently delivered if:
a) lt has been left with the Person to whom it is directed;
b) Mailed by registered mail to the owner at the address as it
appears on the records of Assessment Authority of British
Columbia;
c) A copy of the order has been posted at the affected premises
ENFORCEMENT
5.2 A Person who violates or contravenes any of the provisions of this
bylaw, or allows any act that violates or contravenes this bylaw,
commits an offence.
5.3 A prosecution under this bylaw may be commenced by:
a) Proceedings under Division 3 of Part 8, of the Community Charten
b) Prosecution of the offence in accordance with the Offence Act. ' , ,
5.4 An offence under this bylaw, and each day the violations is caused or
allowed to continue, shall constitute a separate offence, and is
punishable according to the Offence Act.
5.5 The Director is authorized to enter onto a property at any reasonable
time, to ascertain whether the requirements of this bylaw are being met.
PENALTY
5.6 Each offence, under summary convíction, shall be liable to a penalty up
to $5000.00 and not less than $100.00, plus the cost of prosecution for
each offence.
TOWN OF SMITHERS
BYLAW NO. 181 1
Page 5
READ A FIRST TIME THIS 13TH DAY OF JUNE, 2017
READ A SECOND TIME THIS 13TH DAY OF JUNE, 2017
READ A THIRD TIME THIS 27TH DAY OF JUNE, 2017
ADOPTED THIS 11TH DAY OF JULY, 2017.
The Corporate Seal of the Town of Smithers
was hereto affixed in the presence of
Z-ár
Anhe Yani@-
Chief Administrative Officer
Ta
Mayor
CERT¡FIED A TRUE AND CORRECT
COPY of Bylaw No.1811, cited as "Bylaw
No. 1811- Water Restriction Bylaw"
*AP/n-,/)"
Dianna Plou'ffd
Corporate Officer
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SCHEDULE ''A'' TO
BYLAW NO. 1811
STAGE I RESTRICTIONS
Subject to Section 2 of this Schedule, when Stage I Restrictions are in force, it is
unlawfulto:
1.1 Water Lawns, except:
a) For Residential premises with even numbered civic addresses, on even
numbered days of the month; and
b) For Residential premises with odd numbered civic addresses, on odd
numbered days of the month.
1.2 Use a hose providing water, unless the hose is equipped with an Automatic
Shut-off Device.
Section 1 of this Schedule does not apply to:
2.1 Residents not on the Town's water supply and distribution system
2.2 Watering:
a) Public sports playing fields and parks;
b) School yards;
c) Golf courses;
d) Nurseries, farms, turf farms, tree farms;
e) Where watering is required for dust control or safety; or
f)
Flower gardens, vegetable gardens, shrubs or trees.
g) New lawns.
2.3 Commercial car washes.
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SGHEDULE ''A" TO
BYLAW NO. 1811
2lPage
STAGE 2 RESTRICTIONS
3. Subject to Section 4 of this schedule, when Stage 2 Restrictions are in force, it is
unlawful to:
3.1 Water:
a) Lawns;
b) Flower gardens, vegetable gardens; or
c) Decorative planters, shrubs, or trees unless such watering is carried out
by hand with a hose equipped with an Automatic Shut-off Device, and is
not carried out using sprinklers or soaker hoses;
3.2 Use a hose providing water, unless the hose is equipped with an Automatic
Shut-off Device;
3.3 Use a hose providing water to wash sidewalks, driveways, or other outdoor
surfaces, unless the hose is equipped with an Automatic Shut-off Device, the
work is performed commercially, and the purpose of washing the surface is:
a) To prepare a surface for painting, sealing or similar treatment; or
b) To prevent or control fires.
3.4 Operate ornamental fountains;
3.5 Use water to fill or re-fill garden ponds, ornamental fountains, hot-tubs, or
swimming pools;
4. Section 3 of this schedule does not apply to
4.1 Residents not on the Town's water supply and distribution system
4.2 Watering:
a) Nurseries, farms;
b) Public sports playing fields;
c) School yards;
d) Vegetables at commercial vegetable gardens; or
e) Gravel roads or lanes if such watering is required for dust control or
public safety.
4.3 Commercial car washes