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MUNICIPALITY OF LEAMINGTON
BY-LAW 426-03
Being a by-law to regulate the external use of
water from the municipal water distribution
system
WHEREAS The Corporation of the Municipality of Leamington owns and
operates a potable water distribution system which is a public utility within the
meaning of Section 1 of the Municipal Act, 2001;
AND WHEREAS Section 11 of the said Act provides that the Council may
pass by-laws within specific spheres of jurisdiction including public utilities;
AND WHEREAS the Council deems it necessary to regulate the external
use of water from its water distribution system.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF LEAMINGTON ENACTS AS FOLLOWS:
1.
The purpose of this by-law is to help ensure that the municipal potable
water distribution system has sufficient water to provide the essential
needs of the municipal water users, including fire protection, medical
health, sanitation and personal drinking uses.
2.
In this by-law:
(a)
"Clerk" means the Clerk of The Corporation of the Municipality of
Leamington;
(b)
"Council" means the Council for The Corporation of the Municipality
of Leamington;
(c)
"Mayor" means the Mayor of The Corporation of the Municipality of
Leamington;
(d)
"Water System" means the municipal potable water distribution
system.
3.
During the months of May, June, July, August and September of each
year, no person shall take or use water from the Water System or permit
water from the Water System to be taken or used for the purpose of
watering or irrigating any lawn or garden except as follows:
(a)
On even calendar dates, between the hours of 5:00 a.m. and 8:00
a.m. and between the hours of 6:00 p.m. and 11:59 p.m., at only
those municipal addresses ending with the numbers 0, 2, 4, 6 or 8;
(b)
On odd calendar dates, between the hours of 5:00 a.m. and 8:00
a.m. and between the hours of 6:00 p.m. and 11:59 p.m., at only
those municipal addresses ending with the numbers 1, 3, 5, 7 or 9.
4.
Notwithstanding Section 3, during the months of May, June, July,
August and September, the Mayor is authorized to declare in effect any
regulations which the Mayor deems advisable to limit the external use of
water from the Water System and this authority includes the right to ban
completely the external use of water from the Water System.
By-law 426-03 - Lawn Watering
Page 2
5.
Notice to the public of any regulation declared pursuant to Section 4,
shall be given immediately in a manner determined by, and at the sole
discretion of, the Mayor.
6.
Upon notice to the public being given of the regulation declared pursuant
to Section 4, no person shall take or use water from the Water System or
permit water from the Water System to be taken or used except in
accordance with the provisions of such regulation.
7.
A regulation declared pursuant to Section 4 shall remain in effect until
either the Mayor declares that the regulation is no longer in effect or the
Council, at a regular or special meeting, rescinds the declaration.
8.
Upon application by a property owner, a permit which allows the
watering of a newly seeded or newly sodded lawn may be issued by the
Clerk upon the Clerk receiving satisfactory evidence that the lawn has
been newly seeded or newly sodded within the same calendar year that
the permit is to be issued.
9.
Any lawn watering permit may be revoked or suspended by Council for
any reason Council deems appropriate.
10.
Any person who contravenes any provisions of this by-law is guilty of an
offence and, upon conviction, is subject to a fine pursuant to the
Provincial Offences Act, R.S.O. 1990 c.P.33, as amended.
11.
By-Law 356-02 is hereby repealed.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY ENACTED
THIS 26th DAY OF MAY, 2003.
Signature on file
DAVE WILKINSON
Mayor
Signature on file
BRIAN R. SWEET
Clerk
THE CORPORATION OF THE MUNICIPALITY OF LEAMINGTON
BY-LAW 426-03.
BEING A BY-LAW TO REGULATE THE EXTERNAL USE OF WATER
FROM THE MUNICIPAL WATER DISTRIBUTION SYSTEM
ITEM
COLUMN 1
COLUMN 2
COLUMN 3
SHORT FORM WORDING
OFFENCE CREATING PROVISION
SET FINE
OR DEFINING OFFENSE
(includes costs)
1.
Take water from Water System
Section 3
$100.00
when prohibited
______________________________________________________________________________________________________________________________________________________
2.
Permit water to be taken from
Water System when prohibited
Section 3
$100.00
3.
Take water from Water System
contrary to Regulation
Section 6
$100.00
______________________________________________________________________________________________________________________________________________________
4.
Permit water to be taken from
Water System contrary to Regulation
Section 6
$100.00
______________________________________________________________________________________________________________________________________________________
Penalty Provision for the offences indicated above is Section 10 of By-law No. 426-03 a certified copy of which has been filed.