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THE RURAL MUNICIPALITY OF MACDONALD
BY-LAW NO. 12/23
BEING A BY-LAW OF THE RURAL MUNICIPALITY
OF MACDONALD to restrict of outdoor water use within the Municipality.
WHEREAS subsections 232(1) and 232(2) of The Municipal Act provides in part as
follows:
Spheres of jurisdiction
232(1) A council may pass by-laws for municipal purposes respecting the
following matters:
a)
the safety, health, protection and well-being of people and the
safety and protection of property;
o)
the enforcement of by-laws.
AND WHEREAS it is deemed necessary, expedient and in the best interest of the
Rural Municipality of Macdonald to provide restrictions to ensure the safety and
reliability of the Macdonald Water Utility for all residents and businesses in the
Municipality.
NOW THEREFORE, the Council of the Rural Municipality of Macdonald in meeting
duly assembled, enacts as follows:
Title
1.
This By-Law may be referred to as "The Restriction of Outdoor Water Use
By-Law".
Definitions
2.
Unless otherwise expressly provided in this By-Law or unless the context
otherwise requires, words and expressions in this By-Law have the same
meaning as the same words and expressions in The Municipal Act.
a. In this by-law,
"Landscape Watering" means the application of water from the Munici-
pal Water System on lawns, boulevards and flower beds.
"Garden Watering" means the application of water from the Municipal
Water System on food production areas.
Prohibition
3.
In order to promote water conservation, between May 15th and September
30th in each year, the Municipality is in Stage I water restrictions indicated
on Schedule A. Therefore, during this period no person shall landscape
water except in compliance with the provision of this By-Law.
Empowerment
4.
The Manager of Public Works for the Municipality is hereby authorized to
impose Stage II, Stage III or Stage IV restrictions to regulate the use of
water for non-essential purposes.
By-Law No. 12/23
Page 2
5.
When an Outdoor Water Use Restriction is in effect, no Owner or Occupier
of a Parcel or Premise shall allow the use of water supplied through the
Municipal Water Utility for any activity or application prohibited in the fol-
lowing stage of restrictions in Schedule "A" to this By-Law:
a. Stage 1;
b. Stage 2;
c. Stage 3; or
d. Stage 4.
6. Without limiting the generality of this By-Law, the activities permitted in
Schedule "A" to this By-Law shall apply to all outdoor use of Municipally
produced water and may be updated through a resolution of Council as
needed.
Exemptions
7.
The provisions of Stages 1, 2 and 3 shall not apply to the following water
users which rely upon the steady supply and use of water:
a. A person who has received a watering permit under Section 9 of this
By-Law;
b. watering of plants/trees at licensed nursery facilities;
c. licensed golf courses and driving ranges;
d. playing fields and public gardens owned by the Municipality where
failure to water would result in permanent loss, will be exempt but
on a very selective basis as the need arises; and
e. for dust control if safety or sanitary concerns exist or for compaction
during construction if no reasonable alternative exists.
8.
The provisions of Stages 1, 2, 3 and 4 shall not apply to the following water
users which rely upon the steady supply and use of water:
a. Watering of plants/trees at licensed nursery facilities;
b. Washing down of exterior building surfaces or other outdoor surfaces
of child care facilities, food and beverage establishments, kennels or
animal care facilities where required by health and safety regulations;
c. Vehicle washing at commercial car washes;
d. Watering of livestock.
Permits
9.
A person who has installed a new lawn, either by placing sod or turf or
by seeding, or who has installed new landscaping on a substantial part
of the outdoor portion of a property may apply to the Municipality for a
permit which will entitle the permittee to sprinkle outside the restricted
days subject to the restricted hours.
10. The Municipality shall issue a permit to an applicant pursuant to section
11 upon payment of the fee set out in the Municipality's Fees and
Charges By-Law.
11. A permit issued under section 9 shall be valid for a period of 21 days
after the date of its issue and shall be conspicuously displayed at the
property for which it was issued.
12. After the expiration of a permit issued under section 9, a person may
apply for and obtain only one subsequent renewal of the permit for the
By-Law No. 12/23
Page 3
same property in any one calendar year for a fee as set out in the Munic-
ipality's Fees and Charges By-Law.
Notice of Change to Restrictions
13. The Municipality will provide public notice of the implement/change or
removal of an outdoor water use restrictions provided in Stages 1, 2, 3
and 4 of this By-Law. The notice will be provided in the following man-
ners:
a. Posting of a notice on community bulletin boards;
b. Notice on the Municipal website;
c. Circulation of notices;
d. Electronic notification through All-Net Connect;
e. Community signage.
Enforcement
14. The Municipality's Designated Officer or the By-Law Enforcement Officer
may issue a notice in a form approved by the Municipality hereinafter
referred to as an "Administrative Penalty Notice", to any person who has
allegedly contravened any of the provisions of this by-law pursuant to
the current Municipality By-Law Enforcement Act By-Law.
Penalties
15. In the event that a recipient of an "Administrative Penalty Notice", for an
offence, voluntarily makes payment at the Macdonald Municipal Office,
will be provided with a receipt issued by the Municipality to the offender.
No prosecution shall be proceeded with if the required penalty has been
voluntarily paid within the time limit established.
16. A person who contravenes this By-Law is guilty of an offence and is liable
for a penalty of not more than $1000.00. A Response to the issued "Ad-
ministrative Penalty Notice", payment or contestation, shall be made in
accordance with directions provided on the issued "Administrative Penalty
Notice". Voluntary payment of the set penalty under this by-law may also
be made at the Macdonald Municipal Office. When permitted under Pro-
vincial Legislation, non-payment of fines may be accrued to the Vehicle
Registration Licence fees for the vehicle identified in an "Administrative
Penalty Notice" and paid for at the time of registration.
17. Where there is a specified penalty listed for an offence in the Municipal
By-Law Enforcement Act By-law, that amount is the specified penalty
for the offence.
a. Notwithstanding the specified penalties set out in Municipal By-Law
Enforcement Act By-Law:
(i.)
If a person is issued more than one Administrative Penalty
Notice within the same calendar year, the second penalty
notice shall be double the amount of the first penalty; and
(ii.)
If a person is issued three or more Administrative Penalty
Notices within the same calendar year, the third and subse-
quent Penalty Notices shall be three times the amount of
the first Penalty Notice.
Transitional
18. By-Law No. 9/22 be and is hereby repealed.
By-Law No. 12/23
Page 4
DONE AND PASSED by the Council of the Rural Municipality of Macdonald,
in Council duly assembled, at Sanford, Manitoba this 21st day of November
A.D., 2023.
THE RURAL MUNICIPALITY OF MACDONALD
Original Signed by
"B. Erb"
Brad Erb
Reeve
"D. Hrehirchuk"
Daryl Hrehirchuk, CMMA
Chief Administrative Officer
Read a First time this 7th day of November A.D., 2023
Read a Second time this 21st day of November A.D., 2023
Read a Third time this 21st day of November A.D., 2023
By-Law No. 12/23
Page 1
Schedule A - Outdoor Water Use Restrictions
Activity
Application
Method
Application
By
Stage One
Stage Two
Stage Three
Stage Four
Landscape
Watering
Watering of
lawns,
boulevards,
flowerbeds
Irrigation with
hose connected
sprinkler
All Customers
Even Number
Address:
Wednesday,
Friday & Sunday
and
Odd Number
Address:
Tuesday, Thursday
& Saturday
between the hours of
4 a.m. to 8 am
8 pm to 12 am
Even Number
Address:
Wednesday &
Sunday
and
Odd Number
Address:
Tuesday &
Saturday
between the hours of
4 a.m. to 8 am
8 pm to 12 am
Not Allowed
Not Allowed
Garden Watering
of gardens, food
production areas
Spring-loaded
type nozzles
with automatic
shut-off
connected to
hose
All Customers
Allowed
Even Number
Address:
Wednesday &
Sunday
and
Odd Number
Address:
Tuesday &
Saturday
Not Allowed
Not Allowed
Hand-held
container
(i.e.: watering
can, bucket)
All Customers
Allowed
Allowed
Allowed
Not Allowed
Watering of New
Grass Plantings
(sod or seed)
with reasonable
evidence of
recent
installation; sod
within 21 days.
Any
All Customers
Allowed
Allowed
with permit
Allowed
with permit
Not Allowed
Watering of
plants & trees for
commercial sale
Any
Nurseries,
garden centers,
turf tree farms
Allowed
Allowed
Allowed
Allowed
Pesticide or
fertilizer
application that
requires the use
of potable water
Any
All Customers
Allowed
Allowed
Not Allowed
Not Allowed
Testing of
Irrigation
Systems
Not Applicable
All Customers
Allowed
Allowed
Not Allowed
Not Allowed
Wash down
sidewalks,
walkways,
driveways,
exterior building
surfaces or other
outdoor surfaces
Any
All Customers
except:
Allowed
Allowed
Not Allowed
Not Allowed
Childcare
facilities,
Food and Beverage
establishments,
Kennels or animal
care facilities
where required by
health and safety
regulations
Allowed
Allowed
Allowed
Allowed
Manual, exterior
window washing
Any
All Customers
except:
Allowed
Allowed
Allowed
Not Allowed
Licensed
Cleaning Services
Allowed
Allowed
Allowed
Allowed
By-Law No. 12/23
Page 2
Activity
Application
Method
Application
By
Stage One
Stage Two
Stage Three
Stage Four
Washing of
Vehicles
Any
All Customers
except:
Allowed
Allowed
Not Allowed
Not Allowed
Vehicles subject
to health and
safety
regulations
Allowed
Allowed
Allowed
Allowed
Vehicle Washing
at Commercial
Car Washes
Any
Allowed
Allowed
Allowed
Allowed
Golf Courses and
Driving Ranges
Any
Allowed
Allowed
Allowed
Not Allowed
Watering of
Livestock
Any
Allowed
Allowed
Allowed
Allowed
Filling of
Hot tubs,
Swimming pools,
Wading pools
Any
All Customers
except:
Allowed
Allowed
Allowed
Not Allowed
Commercial
Allowed
Allowed
Allowed
Not Allowed