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MUNICIPALITY OF THE COUNTY OF KINGS
For By-law information contact the Municipal Clerk
Tel: (902) 678-6141 Fax: (902) 678-9279 E-mail: [email protected]
BY-LAW # 107
WATER CONSERVATION BY-LAW
SUBTITLE
A By-law to regulate the consumption of water in accordance with the Municipality's
Source Water Protection Plans.
PREAMBLE & ENACTMENT
WHEREAS the Municipality owns and operates a water utility (hereinafter called "the
Water Utility"), pursuant to the provisions of the Public Utilities Act serving the Village of
Greenwood and Sandy Court in the Village of Aylesford;
AND WHEREAS the Municipality is required through regulations enabled under the
Environment Act to implement a Source Water Protection Plan to ensure the long term
sustainability of the ground water source supplying the Municipal Water Utilities;
AND WHEREAS the Municipality desires to enact a by-law to temporarily limit water
consumption that is not required to support public health and safety in times of high
demand to satisfy regulatory or operational requirements;
BE IT ENACTED by the Council of the Municipality as follows:
PART 1: TITLE
This By-law may be cited as the "Water Conservation By-law" for the Municipality of the
County of Kings and shall apply to the area serviced by the Water Utility.
PART 2: INTERPRETATION AND SCOPE
In this By-law the word "shall" is mandatory and not permissive. Words used in the present
tense shall include the future. Words used in the singular shall include the plural except
where otherwise indicated, and words used in the plural shall include the singular.
PART 3: DEFINITIONS
3.1
AESTHETIC CLEANING means the use of water for cleaning when it is not for a
health or safety reason.
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW # 107 Cont'd
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3.2
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.
3.3
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.
3.4
COMMERCIAL CLEANING OPERATION means a company, partnership or
person that offers commercial cleaning services, including pressure washing,
window cleaning and other similar building cleaning services, to the public for a
fee.
3.5
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.
3.6
COUNCIL means the Council of the Municipality.
3.7
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 and excludes sprinkler irrigation systems,
micro-spray systems, misting systems, and soaker hoses.
3.8
EDIBLE PLANT means a plant grown for the purpose of human consumption.
3.9
ENGINEER means the Director of Engineering and Public Works, Lands, and
Parks of the Municipality or their designee.
3.10 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.
3.11 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.
3.12 INSTITUTIONAL USERS means the Municipality, the Village of Greenwood,
Village of Aylesford, Nova Scotia Department of Community Services, and
Canadian Forces Base Greenwood.
3.13 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, school yards and cemeteries, but excluding golf
courses, soil-based playing fields, and sand-based playing fields.
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW # 107 Cont'd
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3.14 MUNICIPALITY means the Municipality of the County of Kings.
3.15 NEW LAWN means a Lawn that is newly established either by seeding or laying
of new sod or turf.
3.16 NON- RESIDENTIAL USERS means one of the following that is connected to the
Water Utility:
a. a residential building that contains three or more residential units; or
b. a building being used for commercial, institutional, or industrial purposes
but excluding buildings being used by organizations listed in 3.12.
3.17 OWNER as it refers to the owner of the property includes:
a. a part owner, joint owner, tenant in common or joint tenant of the whole or
any part or parcel of land or a building;
b. In the case of the absence or incapacity of the Person having title to the lot
or building, a trustee, an executor, an administrator, a guardian, an agent,
a mortgagee in possession or other Person having the care or control of any
lot or building; and
c. in the absence of proof to the contrary, the Person assessed for the taxes
on the parcel of land or building.
3.18 PERMIT means a permit issued under Part 6 of the By-law.
3.19 PERSON includes a corporation and the heirs, executors, administrators or other
legal representatives of a Person, but specifically excludes the Municipality.
3.20 PUBLIC ANNOUNCEMENT means an advertisement or public service
announcement in any of following mediums:
a. a television or radio broadcast from a station that broadcasts to the area;
b. 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 area at least once per week; and
c. other methods as prescribed in a communication plan approved by Policy
of Council.
3.21 RESIDENTIAL USERS means one of the following that is connected to the Water
Utility:
a. a dwelling containing one residential unit, including a mini-home or a
mobile home but excluding recreational vehicles; or
b. a residential building that contains two residential units, which is divided
vertically by a wall extending ground to roof and which is separated by open
space from other buildings, and each residential unit has an independent
entrance.
3.22 RESTRICTIONS means restrictions upon the use of water as prescribed in this
By-law.
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW # 107 Cont'd
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3.23 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.
3.24 SOAKER HOSE means a garden hose or pipe with small holes that allows water
to seep into the ground to the roots of plants, discharging water through the entire
length of its porous surface.
3.25 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.
3.26 WATER used as a noun means Water supplied directly or indirectly by
Municipal Utilities, whether or not mixed with rain Water, gray Water or
recycled Water.
3.27 WATER used as a verb, and "Watering" or "Watered", mean the application or
distribution of Water (used as a noun) to lands or plants but does not include Drip
Irrigation.
3.28 WATER MANAGEMENT PLAN means a plan proposed by the owner or operator
of a golf course, soil-based playing field, and sand-based playing field operators
and approved by the Municipality. The plan sets out terms such as water use
targets during the different stages of conservation, restrictions to reduce water
use, and reporting requirements for the owner or operator.
3.29 WATER PLAY PARK means a recreational facility that is primarily outdoors,
including spray pools and wading pools, spray parks, splash pads, and water
slides.
3.30 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.
3.31 WATER SYSTEM means a water system; consisting of the source, structures,
pipes, hydrants, meters, service laterals, devices, equipment or other things used,
or intended, for the collection, transportation, pumping or treatment of water.
PART 4: IMPLEMENTATION OF WATER USE RESTRICTIONS
4.1
Level 1 Restrictions, as defined in Schedule "A" of this By-law, shall be in effect
within all areas serviced by the Water Utility from May 15 to October 15 each year.
The Engineer may suspend Stage 1 Restrictions, and rescind same, if, in the
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW # 107 Cont'd
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Engineer's opinion, there has been higher than average rainfall amounts and that
a suspension will not adversely impact the Utility.
4.2
Level 2 and Level 3 Restrictions
a) The Engineer may activate Level 2 Restrictions, as defined in
Schedule "B" of this By-law, if, in the Engineer's opinion, there are
moderate drought conditions or other water shortages where further
limitations to water usage that is not required to support public health
and safety is warranted due to maintain appropriate Water Utility
operations.
b) The Engineer may activate Level 3 Restrictions, as defined in
Schedule "C" of this By-law, if, in the Engineer's opinion, there are
conditions where water usage that is not required to support public
health and safety could adversely impact the Water Utility, including,
but not limited to, the following:
i.
Severe drought conditions or other water shortage;
ii.
Significant emergency situation (e.g., earthquake, wildfires,
flood, severe weather);
iii.
Prolonged regional power outage; or
iv.
Significant damage to critical Utility infrastructure.
c) The Engineer may extend any Level 2 or Level 3 Restrictions if, in the
Engineer's opinion, such Restrictions are still required.
d) The Engineer may suspend or rescind any Level 2 or Level 3 if such
action will not adversely impact the Water Utility.
4.3
The Municipality, in its absolute discretion, is authorized to impose at any time any
other water use regulation, which it deems advisable to, including but not limited
to:
a) Further limit the hours of Water use;
b) Suspend any approved Water Permits; or
c) Ban all external use of Water.
4.4
When any Restrictions have been activated or extended all Persons must ensure
that:
a) All hoses have an automatic shut-off device;
b) Water does not unnecessarily run off on impermeable surfaces such
as driveways, curbs, pathways, or gutters when watering lawns and
plants;
c) Artificial playing turf and outdoor tracks are not watered except for a health
or safety reason;
d) Hoses and taps do not run unnecessarily; and
e) Irrigation systems are not faulty, leaking, or misdirected.
4.5
Public Announcements
a) The Engineer shall make a Public Announcement when either:
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW # 107 Cont'd
6
i.
Level 1 Restrictions have been suspended; or
ii.
Any Level 2 or Level 3 Restrictions has been activated, extended,
or deactivated.
b) Public Announcements will include:
i.
Date the Restriction was activated, extended, or deactivated;
ii.
Information on the Restrictions activated, extended, or deactivated;
and
iii.
Other information that the Engineer deems necessary for
implementation of any applicable aspects of this By-law.
4.6
Following a Public Announcement for the activation or extension of any
Restrictions, no Person shall use Water except in accordance with the restrictions
in force at the time.
PART 5: WATER MANAGEMENT VARIANCE
5.1
The Owner of a Golf Course, Soil-Based Playing Field, or a Sand-Based Playing
Field may apply in writing to the Engineer for a Water Management Variance to
have their water usage regulated by a Water Management Plan. A variance is valid
for up to three (3) years from the date of approval, inclusive of that date.
5.2
The Owner or his/her agent shall submit an application for a Water Management
Variance. The application shall be in the form prescribed by the Engineer,
including a Water Management Plan as prescribed in Section 5.3. A Water
Management Variance Application Fee, as set out by Policy of Council, shall be
submitted with the application. An application is not complete until all supporting
documentation and all fees required by Policy of Council are received by the
Engineer. Within 30 business days of receipt of a complete application, the
Engineer shall approve the application if it complies with this By-law. If the
application is refused, the Engineer shall inform the applicant, in writing, of the
reason(s) for the refusal.
5.3
A Water Management Plan shall, at a minimum, contain the following information
to the satisfaction of the Engineer:
a) Map of the property subject to the Water Management Plan showing
property boundary, areas to be Watered, connections to the Water System;
b) Other sources of water at the subject property;
c) Water consumption rates between May 1 and October 15 of the previous 3
years;
d) Proposed volume of Water to be consumed from May 1 to October 15
of each year for the term of the Water Management Variance;
e) Measures that the Owner will use during the term of the Water
Management Variance to conserve Water and to reduce the use of
Water;
f) Schedule for Watering specified areas within the operation for each
Restrictions Stage, except Stage 3;
MUNICIPALITY OF THE COUNTY OF KINGS
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g) Reporting of actual Water use to the Engineer not less than once per month
when Level 1 Restrictions are in force, and not less than once every two
weeks when Level 2 Restrictions are in force; and
h) Any other information, commitments, conditions or restrictions the
Engineer may require.
5.4
The Engineer may terminate or suspend a Water Management Variance by
notifying the Owner or his/her agent in writing at least five business days before
the termination or suspension date.
5.5
All Water Management Variances shall be suspended when the Engineer
activates Level 3 Restrictions or when the Municipality exercises its authority to
impose further restrictions under Section 4.3. The suspension will terminate when
the applicable restriction is deactivated.
5.6 An Owner may terminate a Water Management Variance by notifying the Engineer
in writing on the date specified in the written termination or the date on which the
Engineer receives the written termination, whichever is later.
5.7 An Owner may apply, in the same manner prescribed in Section 5.2, to modify an
approved Water Management Variance.
PART 6: WATERING PERMIT
6.1
A Person who installs a new Lawn, either by seeding or by placing sod or turf or
wishes to apply nematodes to an existing lawn may apply in writing to the Engineer
for a Watering Permit authorizing the applicant to Water when Level 1 Restrictions
or Level 2 Restrictions are in force. A permit is valid for twenty-one (21) calendar
days from the date of approval, inclusive of that date and specific to that property
civic number. The applicant may apply for a one-time twenty-one (21) calendar
day extension, except for Watering Permits issued for nematode application.
6.2
All applications for a permit or an extension shall be in the form prescribed
by the Engineer. A Watering Permit Application Fee, as set out by Policy of
Council, shall be submitted with the application. An application is not
complete until all supporting documentation and all fees required by Policy of
Council are received by the Engineer. Within five (5) business days of receipt
of a complete application, the Engineer shall approve the application if it
complies with this By-law. If the application is refused, the Engineer shall
inform the applicant, in writing, of the reason(s) for the refusal.
6.3
The Engineer shall not approve any applications under Part 6 while a Level 3
Restriction is in effect; or when the Municipality has imposed further restrictions
under Section 4.3.
6.4
All Watering Permits shall be suspended when the Engineer activates a Level
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW # 107 Cont'd
8
3 Restriction; or when the Municipality exercises its authority to impose further
restrictions under Section 4.3. The suspension will terminate when the
applicable restriction is deactivated.
6.5
A Person who has been issued a Watering Permit must fix the Watering Permit
to a post on the premises facing the street, beside the principal driveway so that
it is visible from the street.
6.6
The Engineer may revoke a Permit issued under this section for any reason.
PART 7: OFFENCES AND PENALTIES
Any Person who contravenes any section of this By-law shall be guilty of an offence and
shall be liable on conviction to a penalty of not less than $275 and not more than
$10,000.00 and each day during which any violation, contravention or breach shall
continue shall be deemed as a separate offence.
PART 8: MUNICIPALITY EXEMPTION
Notwithstanding the activation of any stage of water restrictions, the Municipality may
use water and is exempt from the water restrictions applicable to that stage, where use
of water is needed to carry out activities needed for protecting public health and safety.
PART 9: SEVERABILITY
If any portion of this By-law is declared invalid by a court of competent jurisdiction, then
the invalid portion must be severed and the remainder of the By-law is deemed valid.
PART 10: EFFECTIVE DATE
This By-law comes into force and effect on the 5th day of May 2020.
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW # 107 Cont'd
9
SCHEDULE "A" - Level 1 Restrictions
Water Usage
Restrictions
Residential Users
Watering lawns
Daily use only 4am to 9am and 4pm to 9pm (local
time)
Watering new lawns or lawns being
treated for invasive species.
1. Daily use only from 4am to 9am and from 4pm to
9pm (local time)
2. Additional hours by Watering Permit only
Watering trees, shrubs, and flowers
excluding edible plants
1. Daily from 4am to 9am and from 4pm to 9pm
(local time) if using a sprinkler
2. Daily if using a handheld hose, soaker hose, water
container, or drip irrigation
Water Usage
Restrictions
Non-Residential Users
Watering lawns
Daily use only from 4am to 9am and from 4 pm to
9pm (local time)
Watering new lawns or lawns being
treated for invasive species
By Watering Permit only
Watering trees, shrubs, and flowers
excluding edible plants
1. Daily use only from 4am to 9am and from 4pm to
9pm (local time) if using a sprinkler
2. Daily use only if using a handheld hose, soaker
hose, water container, or drip irrigation
Water Usage
Restrictions
Institutional Users
Watering lawns and grass boulevards Daily from 4am to 9am and from 4 pm to 9pm (local
time)
Watering new lawns or lawns being
treated for invasive species
By Watering Permit only
Watering trees, shrubs, and flowers
excluding edible plants
1. Daily use only from 1am to 9am (local time) if
using a sprinkler
2. Daily use only if using a handheld hose, soaker
hose, water container, or drip irrigation
Watering Soil-based or Sand-based
playing fields
1. Daily from 7pm to 9am (local time)
2. Additional hours only for newly overseeded field by
Watering
Permit
or
per
approved
Water
Management Plan.
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW # 107 Cont'd
10
SCHEDULE "B" - LEVEL 2 RESTRICTIONS
Water Usage
Restrictions
Residential Users
Watering lawns
From 4am to 9am and 4 pm to 9pm (local time) as follows:
1. Even-numbered civic addresses: Wednesdays and
Saturdays only
2. Odd-numbered civic addresses: Thursdays and
Sundays only
Watering new lawns or lawns
being treated for invasive
species.
By Watering Permit only
Watering trees, shrubs, and
flowers excluding edible plants
1. Daily use only from 4am to 9am (local time) if using a
sprinkler
2. Daily use only if using a handheld hose, soaker hose, water
container, or drip irrigation
Washing
impermeable
surfaces
Only permitted for:
1. Washing a surface for health or safety reasons;
2. Preparing a surface for painting or similar treatment;
or
3. Aesthetic cleaning by a commercial cleaning
company
Filling aesthetic water features Prohibited
Water Usage
Restrictions
Non-Residential Users
Watering lawns
From 1am to 6am (local time) as follows:
1. Even-numbered civic addresses: Mondays only
2. Odd-numbered civic addresses: Tuesdays only
Watering new lawns or lawns
being
treated
for
invasive
species
By Watering Permit only
Watering trees, shrubs, and
flowers excluding edible plants
1. Daily use only from 1am to 9am (local time) if using a
sprinkler
2. Daily use only if using a handheld hose, soaker hose,
water container, or drip irrigation
Watering Golf Courses
1. Fairway Watering is permitted anytime once per 7-
day period; or
2. Per approved Water Management Plan
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW # 107 Cont'd
11
Washing impermeable surfaces
Use only permitted for:
1. Washing a surface for health or safety reasons;
2. Preparing a surface for painting or similar treatment;
or
3. Aesthetic cleaning by a commercial cleaning
company
Filling aesthetic water features
Prohibited
SCHEDULE "B" - LEVEL 2 RESTRICTIONS (CONTINUED)
Water Usage
Restrictions
Institutional Users
Watering lawns and grass boulevards From 1am to 6am (local time) as follows:
1. Even-numbered civic addresses: Mondays
only
2. Odd-numbered civic addresses: Tuesdays
only
Watering new lawns or lawns being
treated for invasive species
By Watering Permit only
Watering trees, shrubs, and flowers
excluding edible plants
1. Daily use only from 1am to 9am (local time) if
using a sprinkler
2. Daily use only if using a handheld hose, soaker
hose, water container, or drip irrigation
Watering Soil-based playing fields
No more than 4 days in a 7-day period from 7pm to
9am unless Watering;
1. Newly overseeded field per approved Watering
Permit; or
2. Per approved Water Management Plan
Watering Sand-based playing fields
Daily use only from 7pm to 9am unless Watering;
1. Newly overseeded field per approved Watering
Permit; or
2. Per approved Water Management Plan
Operating water play parks and pools Prohibited except for:
1. Water play parks with user-activated switches;
or
2. Daily use only from 4 pm to 8pm (local time)
when a Heat Advisory is in effect
Filling aesthetic water features
Prohibited
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW # 107 Cont'd
12
SCHEDULE "C" - LEVEL 3 RESTRICTIONS
Water Usage
Restrictions
Residential Users
Watering lawns
Prohibited
Watering new lawns or lawns
being treated for invasive
species.
1. Watering Permits issued prior to Level 3 Restrictions
coming into force will remain in effect until permit expires.
Extensions shall not be approved while Level 3 Restrictions
are in effect.
2. No new Watering Permits shall be issued
Watering trees, shrubs, and
flowers excluding edible plants
1. Use of sprinklers or soaker hoses is prohibited
2. Daily use only if using a handheld hose, water container, or
drip irrigation
Washing impermeable
surfaces
Only permitted for:
1. Washing a surface for health or safety reasons; or
2. Preparing a surface for painting or similar treatment.
Filling aesthetic water features Prohibited
Filling pools and hot tubs
Prohibited
Washing Vehicles and boats
Prohibited except to clean windows, lights, mirrors, license
plates, and boat engines for safety purposes
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW # 107 Cont'd
13
SCHEDULE "C" - LEVEL 3 RESTRICTIONS (CONTINUED)
Water Use
Restrictions
Non-Residential Users
Watering lawns
Prohibited
Watering new lawns or lawns
being
treated
for
invasive
species
1. Watering Permits issued prior to Level 3 Restrictions
coming into force will remain in effect until permit expires.
Extensions shall not be approved while Level 3
Restrictions are in effect.
2. No new Watering Permits shall be issued
Watering trees, shrubs, and
flowers excluding edible plants
1. Use of sprinklers or soaker hoses is prohibited
2. Daily use only if using a handheld hose, water container,
or drip irrigation
Watering Golf Courses
Prohibited except by approved Water Management Plan
Washing impermeable surfaces
Only permitted for:
1. Washing a surface for health or safety reasons; or
2. Preparing a surface for painting or similar treatment.
Filling aesthetic water features
Prohibited
Filling pools and hot tubs
Only in accordance with applicable health and safety
regulatory requirements
Washing Vehicles and boats
Prohibited except to clean windows, lights, mirrors,
license plates, and boat engines for safety purposes
Commercial Vehicle Washing
Facilities
(with
automatic
washing
systems)
1. Facilities with system installed prior to November 1, 2017
only permitted to operate on basic wash and rinse
cycle.
2. Facilities with system installed on or after November 1,
2017, only permitted if using water recycling system
that achieves minimum 60% water recovery over full
wash cycle
Commercial Vehicle Washing
Facilities
(Hand Wash and Self-Service
Facility)
Only permitted when using high pressure wands or
brushes with maximum flow rate of 11.4 litres per minute
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW # 107 Cont'd
14
SCHEDULE "C" - LEVEL 3 RESTRICTIONS (CONTINUED)
Water Use
Restrictions
Institutional Users
Watering lawns and grass boulevards Prohibited
Watering new lawns or lawns being
treated for invasive species
1. Watering Permits issued prior to Level 3
Restrictions coming into force will remain in effect
until permit expires. Extensions shall not be
approved while Level 3 Restrictions are in effect.
2. No new Watering Permits shall be issued.
Watering trees, shrubs, and flowers
1. Use of sprinklers or soaker hoses is prohibited
2. Daily use only if using a handheld hose, water
container, or drip irrigation
Watering Soil-based playing fields
No more than 3 days in a 7-day period from 7pm to
9am unless Watering:
1. Newly overseeded fields per approved Watering
Permit; or
2. Per approved Water Management Plan
Watering Sand-based playing fields
No more than 5 days in a 7-day period from 7pm to
9am unless Watering:
1. Newly overseeded field per approved Watering
Permit; or
2. Per approved Water Management Plan
Operating water play parks and pools Prohibited except for:
1. Water play parks with user- activated switches; or
2. Daily from 6pm to 9pm (local time) when a Heat
Advisory is in effect
Filling aesthetic water features
Prohibited
Filling pools and hot tubs
Only in accordance with applicable health and safety
regulatory requirements
Washing Vehicles and boats
Prohibited except to clean windows, lights, mirrors,
license plates, and boat engines for safety purposes