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THE CORPORATION OF THE TOWN OF KIRKLAND LAKE
BY-LAW NUMBER 25-013
BEING A BY-LAW TO REGULATE THE TIME, MANNER AND NATURE OF THE USE
OF THE SUPPLY OF WATER IN THE TOWN OF KIRKLAND LAKE
WHEREAS Section 12 of the Public Utilities Act, R.S.O. 1990, c. P.52, municipalities may
pass by-laws for regulating the time, manner, extent and nature of use of the water
supplied by a municipal water works system;
AND WHEREAS Section 130 of the Municipal Act, S.O. 2001, c. 25, as amended,
provides that a municipality may pass by-laws for the purposes related to the health,
safety and well-being of the inhabitants of the municipality;
AND WHEREAS Council deems it necessary and desirable to control the consumption
and use of water within its jurisdiction;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
KIRKLAND LAKE HEREBY ENACT THE FOLLOWING:
1 APPLICATION
1.1. This By-Law shall apply to all persons being an owner, tenant, occupant,
servant or employee of any house, dwelling unit, building or any other such
place or structure having its potable water supplied by The Corporation of the
Town of Kirkland Lake (hereinafter referred to as "the Town") water works
system.
2 WATER - WASTE
2.1. No person shall willfully let off or discharge water so that the water runs waste
or useless out of the Town water system. For the purpose of this By-Law,
wasting water generally includes but is not restricted to one of the following:
(a) permitting water to pool or run-off any lawn, garden, or other outside
plants;
(b) directing water onto a paved surface, including driveways, sidewalks or
roadways during irrigation;
(c) operating a fountain or pond without re-circulating the water;
(d) washing any vehicle or the outside of a building with the use of a hose
not equipped with a shut-off nozzle; and/or
(e) use of flowing water instead of dry sweeping to remove loose debris
from a residential driveway, walkway or sidewalk;
3 WATER APPLIANCE - DAMAGE
3.1. No person shall damage or allow the deterioration of any appliance that will
result in a waste of water.
By-Law 25-0xx Page 2 of 3
4 WATERING RESTRICTIONS - DAYS - TIMES - PERMITTED
4.1. No person shall water or sprinkle, or cause or permit the watering or
sprinkling of any lawn, garden, tree, shrub or other outdoor plant in the Town
of Kirkland Lake through a hose, pipe, sprinklers or permanent irrigation
system connected to the municipal water system except under the following
conditions:
a) Persons shall be permitted to water between the hours of 6:00 a.m. and
9:00 a.m. and 6:00 p.m. and 9:00 p.m. daily.
5 SPECIAL CIRCUMSTANCES - WATERING BAN
5.1. In the event that any portion of the water works system is disabled, damaged,
unable to function, or for any other reason, Council may, at its sole discretion,
curtail the use of water and prescribe the manner in which water may be used.
6 EXEMPTIONS - PUBLIC
6.1. Any person may:
a)
water their lawn from a water source other than the municipal water
supply system at any time;
b)
water newly laid sod or grass seed at any time for a period not to
exceed fourteen (14) days from the date the sod or seed was installed.
Notification must be made to the municipal offices advising of the new
sod or seed and proposed watering; and
c)
water newly planted trees, ornamental shrubs and flower or vegetable
gardens while being installed and during the following 24 hours after
the completion of installation;
7 EXEMPTIONS - MUNICIPAL PROPERTY
7.1. The provisions of this By-Law shall not apply to water usage on municipal
property or at the behest of municipal endeavors.
8 EXEMPTIONS - METERED PROPERTIES
8.1. The provisions of this By-Law shall not apply to any place or building having
its potable water regulated by means of a water meter and who remit the cost
of water used to the Municipality.
9 ENFORCEMENT
9.1. This By-Law shall be administered and enforced by the Town's appointed
By-Law Enforcement Officer, or designate.
10 FINE - PENALTY FOR CONTRAVENTION
10.1. Every person who contravenes any provision of this By-Law is guilty of an
offence and upon conviction is liable to a fine as provided for by the
Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended.
By-Law 25-0xx Page 3 of 3
11 GRADUATED FINES- PENALTY FOR CONTRAVENTION
11.1. Pursuant to the authority established in section 429(2) of the Municipal Act,
S.O. 2001, c. 25, every person who contravenes any provision of this By-
Law is guilty of an offence and upon conviction pursuant to Part III of the
Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended, shall be
subject to the following penalties:
(a) Upon a first conviction: $150.00;
(b) Upon a second conviction: $300.00;
(c) Upon a third conviction: $500.00; and
(d) Upon any subsequent conviction after a third conviction: $500.00.
12 SEPARATION
12.1. If any Court of competent jurisdiction finds that any of the provisions of this
By-Law is ultra vires of the jurisdiction of Council to pass or is invalid for any
reason, such provision shall be deemed to be severable and shall not
invalidate any of the other provisions of this By-Law.
13 SHORT TITLE
13.1. This By-Law may be cited as the 'Watering By-Law'.
14 EFFECTIVE DATE
14.1. This By-Law shall come into force and take effect upon its date of passage.
14.2. That By-Law 25-010 is hereby repealed.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18TH DAY
OF MARCH, 2025.
Stacy Wight, Mayor
Jennifer Montreuil, Municipal Clerk
THE CORPORATION OF THE TOWN OF KIRKLAND LAKE
PART 1 PROVINCIAL OFFENCES ACT
BY-LAW NO. 25-013, BEING A BY-LAW TO REGULATE LAWN WATERING IN THE JURISDICTION OF THE TOWN OF KIRKLAND LAKE
ITEM
COLUMN 1
COLUMN 2
COLUMN 3
Short Form Wording
Provision Creating
Set Fine
or Defining Offence
1
Lawn Watering
4.1 (a)
$150.00
NOTE: The penalty provision for the offences indicated above is Section 10 of By-Law 25-013, a certified copy of which has been filed and s. 61 of the Provincial Offences
Act, R.S.O., 1990, c. P.33, as amended.