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BY-LAW NO. 63-2021
BEING A BY-LAW TO IMPOSE CONTROLS UPON THE OUTDOOR USE OF
WATER FOR PROPERTIES SERVICED BY THE CORPORATION OF THE
TOWN OF CARLETON PLACE'S WATER SYSTEM AND TO REPEAL BY-LAW
19-2002
WHEREAS Section 8 (1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that the powers of a municipality under this or any other Act shall be
interpreted broadly so as to confer broad authority on the municipality to enable the
municipality to govern its affairs as it considers appropriate and to enhance the
municipality's ability to respond to municipal issues; and
WHEREAS Section 11 of the Municipal Act, authorizes municipalities to pass by-laws
respecting matters within the sphere of jurisdiction of public utilities which includes
water distribution; and
WHEREAS Section 444 of the Municipal Act, 2001, S.O. 2001, c.25 provides that
where a municipality is satisfied that a contravention of a by-law of the municipality
passed under this Act has occurred, the municipality may make an order requiring
the person who contravened the by-law or who caused or permitted the
contravention or the owner or occupier of the land on which the contravention
occurred to discontinue the contravening activity. 2006, c. 32, Sched. A, s. 184; and
WHEREAS Section 446 of the Municipal Act, 2001, S.O. 2001, c.25 permits a
municipality to enact a by-law to require that a matter or thing be done by a person
and in default, the matter or thing may be done by the municipality at the person's
expense and further that the costs of doing so may be added to the tax rolls and
collected in the same manner as taxes; and
WHEREAS the Town of Carleton Place deems it necessary and desirable to
regulate the consumption and use of water in order to promote water conservation
and to ensure a continued and abundant supply of water within the serviced area of
the Corporation of the Town of Carleton Place by imposing controls upon the
outdoor use of water for properties serviced by the Town of Carleton Place's water
distribution system;
NOW THEREFORE the Council of The Corporation of the Town of Carleton Place
enacts as follows:
1. DEFINITIONS
The following definitions shall apply for the purposes of this By-law:
1.1. Calendar Day means one day commencing at 00:00 hours ending at 23:59
hours.
1.2. Clerk means the Clerk for the Town of Carleton Place.
1.3. Council means the appointed Council for the Town of Carleton Place.
1.4. Corporation mean the Corporation of the Town of Carleton Place.
1.5. Director means the Municipality's Director of Public Works or his or her
designate.
1.6. Hand-watering device means a container that is not connected to the
municipal water system, is used to apply water and is operated by muscular
power only.
1.7. Landscaping means the new installation of garden plants, grass, sod, and
trees which would require water to ensure survival of the newly installed items.
1.8. Owner means the occupant or the owner of the premises or their agent.
1.9. Person includes, but is not limited to, an individual, sole proprietorship,
partnership, association or corporation.
1.10. Municipality means the Town of Carleton Place.
1.11. Municipal Address means the numbered address designated for that location
by the Public Works Department.
1.12. Water except as otherwise defined in this By-law, means water produced,
treated or stored by the Municipality and obtained through the municipal water
distribution system;
1.13. Watering device includes, but is not limited to, a hose bib, hose, pipe,
sprinkler, in-ground or above-ground irrigation system or drip irrigation system
used to apply water but does not include a hand-watering device.
1.14. Yard means lawn, gardens, grass, plots, boulevards, grounds, or land of any
description.
2. GENERAL REGULATIONS - PERMITTED DAYS AND HOURS OF WATERING
2.1. No person shall water a yard using water from the Town of Carleton Place's
water distribution system between the first day of May each year and the last
day of September of the same year, unless otherwise specified in this By-
law.
2.2. No owner shall permit any person to irrigate with a watering device on the
road allowance or on any premises immediately adjacent to a road
allowance and within the extension of property lines of premises.
2.3. No person shall irrigate with a watering device any lawn, garden, tree, shrub,
or other outdoor plant except on the applicable days provided below during
the months of May, June, August and September between the hours of 5:00
a.m. and 9:00 a.m. or between the hours of 7:00 p.m. and 11:00 p.m.; and
during the month of July between the hours of 7:00 p.m. and 11:00 p.m. only:
2.3.1 For all premises with even street numbers, on even-numbered calendar
days;
2.3.2 For all premises with odd street numbers, on odd-numbered calendar
days.
2.3.3 Each property not designated by a municipal address and served
by the Corporation of the Town of Carleton Place water supply
system, shall receive a designation of either an even-numbered or
odd-numbered municipal address from the Public Works
Department.
2.4. In accordance with Section 2.3, no person shall perform the following
activities during the months of May, June, August and September except
between the hours of 5:00 a.m. and 9:00 a.m. or between the hours of 7:00
p.m. and 11:00 p.m.; and during the month of July between the hours of 7:00
p.m. and 11:00 p.m. only:
2.4.1. Cleaning the exterior of a building or attachments thereto, a
driveway or a walkway with water;
2.4.2. Irrigating a driveway, walkway or roadway with water;
2.4.3. Wasting water when using it outdoors.
3. RAINFALL
3.1. No owner shall irrigate with water during a rainfall or permit any person to
irrigate with water during a rainfall.
4. CONNECTIONS
4.1. No person shall water from more than one connection at any one time with
water supplied by the Town of Carleton Place's water supply system.
5. EXEMPTIONS
5.1. Any person may, from a water source other than the municipal water
distribution system, use water externally.
5.2 Any person may irrigate with a watering device during the 24 hours following
the completion of the installation, newly planted sod or grass seed forming
part of a lawn or newly planted lawn alternative or significant amount of new
landscaping as determined at the discretion of the Municipal By-law
Enforcement Officer on duty and/or the Director of Public Works or their
designate.
5.3 Any person may water newly planted sod or seed or significant amount of new
landscaping on every calendar day once a day either between the hours of
5:00 a.m. and 9:00 a.m. or between the hours of 7:00 p.m. and 11:00 p.m. for a
period of three (3) weeks from the date of planting, provided that the owner
notifies the Town's Municipal Law Enforcement Services prior to beginning the
watering.
5.4 Any person who is unable to water between the hours of 7:00 p.m. and 11:00
p.m. on their assigned days in the month of July as outlined in Section 2.3 due
to mitigating circumstances may be permitted to use water outdoors in
accordance with this by-law between the hours of 5:00 a.m. and 9:00 a.m.,
provided that the owner requests and receives approval from the Town at least
three (3) business days in advance of watering. In so doing, the owner agrees
not to use water outdoors between the hours of 7:00 p.m. and 11:00 p.m.
5.5 Municipal facilities are often in use during evening hours and shall be
permitted to water outside of permitted public hours.
5.6 Municipal forces are also permitted to water hanging baskets, planters
and other beautification features as necessary during the day to keep the
plants vibrant.
6 WATER SUPPLY PROHIBITIONS
6.1 When the service capability of any water production facility or any water
storage tower has declined to the point where the continued supply of sufficient
water for the essential needs of the public is in jeopardy as determined by the
Director of Public Works, the Director shall have the authority to prohibit the use
of water supplied by the municipal waterworks throughout the entire system, or
any part thereof, by declaring a non-essential water usage ban.
6.2 At all time during a declared non-essential water usage ban, no person shall
use water originating from the municipal supply system to:
6.2.1 Irrigate any lawn, including newly planted sod or grass seed forming
part
of a lawn and newly planted lawn alternative, and lawns treated with any
pesticide, herbicide or fertilizer;
6.2.2 Irrigate with water any garden, tree, shrub or other outdoor plant;
6.2.3 Clean with water the exterior of a building or attachments thereto,
driveway or a walkway;
6.2.4 Clean with water a vehicle parked on residential premises or on the road
allowance immediately adjacent to and within the extension of the
boundary lines of residential premises;
6.2.5 Operate a decorative fountain unless all water used is continuously
recycled;
6.2.6 Waste water when using it outdoors.
7 NOTIFICATION
7.1 The Director of Public Works shall give notice of a non-essential water usage
ban by any one or more of the following means:
a.
Posting the notice on the municipal website;
b.
Posting the notice on social media;
c.
Publication of notice in a local newspaper;
d.
Announcements giving notice on radio or television;
e.
Delivery of notice to affected premises, or
f.
Any other means of giving notice that has a reasonable likelihood of
coming to the attention of persons who are affected.
8 ADMINISTRATION AND ENFORCEMENT
8.1 This By-law may be enforced by a Municipal By-law Enforcement Officer or a
Provincial Offences Officer.
8.2 Interpretation and application of the terms and definitions of this By-law shall
be determined at the discretion of the Municipal By-law Enforcement Officer.
8.3 No person shall hinder or obstruct, or attempt to hinder or obstruct, an
Officer, any Public Works employee in the performance of their duties or
anyone acting under the Officer's instructions while in the exercise of a power
or the performance of a duty under this By-law.
9 SEVERABILITY
9.1 Should any Section of this By-law, or parts of it, be declared by a Court
of competent jurisdiction to be ultra vires or illegal for any reason, the
remaining parts shall nevertheless remain valid and binding, and shall be read
as if the offending section or part had been struck out.
10 PENALTY
10.1 Any person who contravenes any of the provisions of this By-law and
the procedures with respect thereto is guilty of an offence and the
enforcement and the penalty imposed thereunder shall be subject to the
provisions of the Provincial Offences Act, R. S.O. 1990, Chapter P.33 and
amendments thereto, and the penalty for the commission of any such offence
shall be provided for in the said Provincial Offences Act.
11 REPEAL
11.1 By-law 19-2002, and any amendments thereto, are hereby repealed.
12 SHORT TITLE
12.1 This By-law may be referred to as the Water Control By-law.
13 EFFECTIVE DATE
13.1 This By-law shall come into full force and effect on the date of its passing.
READ A FIRST TIME, SECOND TIME AND THIRD TIME AND FINALLY PASSED
THIS 13th DAY OF APRIL, 2021.
____________________
_____________________
Doug Black, Mayor
Stacey Blair, Clerk