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THE CORPORATION OF THE TOWN OF MARATHON
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BY-LAW NO. 2105
A by-law to repeal By-Laws No. 1208,
No. 1560, and No. 1976, being a by-law
to regulate the time, manner, extent and
nature of the supply of water in the
Town of Marathon.
WHEREAS Section 8 of the Municipal Act, S.O. 2001, c. 25, as
amended, states that the powers of a municipality under this or any other Act shall be
interpreted broadly 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 10 (1) states that a single-tier municipality
may provide any service or thing that the municipality considers necessary or
desirable for the public.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWN OF MARATHON HEREBY ENACTS AS FOLLOWS:
1.
No person, who being an owner, tenant, occupant, inmate, servant, agent or
employee of any house, dwelling unit, building, or other place or structure,
supplied from the Town of Marathon water supply system shall use, permit or
cause to permit the use of water from the said system to water or sprinkle by
hose, pipe, or any other connection, lawns, gardens, grass, plots, boulevards
or grounds of any description or for any other external use, between the first
day of March, each year and the thirtieth day of November, of the same year,
save and except as hereinafter provided;
a)
Each person, who being an owner, tenant, occupant, inmate, servant,
agent or employee of any house, dwelling unit, building, or other place
or structure, designated by an even-numbered municipal address, by
the Town of Marathon, may water or sprinkle by hose, pipe or any other
connection, lawns, gardens, grass, plots, boulevards on grounds of any
description or for any other external use on even-numbered calendar
days during permitted water use hours only,
b)
Each person, who being an owner, tenant, occupant, inmate, servant,
agent or employee of any house, dwelling unit, building, or other place
or structure, designated by an odd-numbered municipal address, by the
Town of Marathon, may water or sprinkle by hose, pipe or any other
connection, lawns, gardens, grass, plots, boulevards or grounds of any
description or for any other external use on odd-numbered calendar
days during permitted water use hours only.
2.
The term "Works and Operations Manager", or designate, shall be construed
to mean that person appointed by Council to manage and superintend the
construction, maintenance and operation of the waterworks of the Town of
Marathon.
3.
The term "Calendar Day" shall be construed to mean one day commencing at
00:00 hours and ending at 23:59:59 hours, local time.
4.
When, in the opinion of the Works and Operations Manager or designate,
water is available, he/she may authorize its use for filling swimming pools and
reservoirs. At no time will this purpose be allowed to interfere with the normal
domestic operation of the system and no binding contracts may be made to
supply water for this purpose.
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A meter for this purpose will be required and water will be charged on the
basis of the rates applicable at that time. The Town of Marathon will also
charge any other fees for labour, equipment, material and administration as
may be applicable at that time.
5. a)
The Mayor or Chief Administrative Officer of the Town of Marathon or
their designates, may in consultation with the Works and Operations
Manager declare at any time and for such time and manner as deemed
necessary, in order to secure for the inhabitants a continued supply of
pure and wholesome water, a prohibition of the use of water from the
said system for all external water usage or any other usage;
i)
The Mayor or Chief Administrative Officer of The Corporation of
the Town of Marathon or their designates, upon application, may
exempt such persons or businesses from any provisions of this
by-law for such times and manner as deemed necessary.
ii)
A "prohibited period" or a "period of prohibition" shall be deemed
to be any period of time in which external water usage is not
permitted or authorized by this by-law.
b)
No person, who being an owner, tenant, occupant, inmate, servant,
agent or employee of any house, dwelling unit, building or other place
or structure, supplied from the Town of Marathon water supply system
shall use, permit or cause to permit the use of water from the said
system to water or sprinkle by hose, pipe, or any other connection
lawns, gardens, grass, plots, boulevards or grounds of any description
or for any other external use during the period of prohibition.
6.
No person, who being an owner, tenant occupant, inmate, servant, agent or
employee, or any other person, shall:
a)
wilfully hinder or interrupt, or cause or procure to be hindered or
interrupt the Town of Marathon, or any of its officers, contractors,
agents, servants, or workers, in the exercise of any of their duties with
respect to the supply of water within the Town;
b)
wilfully let off or discharge water so that the water runs waste, or
useless;
c)
improperly waste the water, or without the covenant of the Town of
Marathon, lend, sell, or dispose of the water, give it away, permit it to be
taken or carried away, use or apply it to the use or benefit of another, or
to any use and benefit other than the person's own or increase the
supply of water agreed for;
d)
without lawful authority, wilfully open or close any hydrant, or obstruct
the free access to any hydrant, stopcock, chamber, pipe or hydrant -
chamber, by placing on it any building material, rubbish, or other
obstruction;
e)
throw or deposit any injurious, noisome, or offensive matter into the
water or water works, or in any way foul the water, or commit any wilful
damage, or injury to the works, pipes, or water, or encourage the same
to be done;
f)
wilfully alter any meter placed upon any service pipe or connected
therewith, within or without any building or other place, so as to lessen
or alter the amount of water registered;
g)
lay or cause to be laid any pipe or main to communicate with any pipe
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or main of the water works, or in any way obtain or use the water
without the consent of the Town.
7.
For the purpose of Section 6 above, those persons with lawful authority shall
be the "Works and Operations Manager", the "Chief Building Official (CBO)",
and the "By-Law Enforcement Officer" or their designates.
8.
The term "Chief Building Official (CBO)" shall be construed to mean that
person appointed by Council to manage the Building Department of the Town
of Marathon.
9.
For the purposes of this by-law, the term "external use" shall be broadly
defined as the discharge of water referred to in Section1, which is not wholly
contained within any building, shed, structure or device and includes water
released onto or into the natural environment, surrounding any said building,
shed, structure or device.
10.
No person shall install or use or cause to be installed or used a water source
heating or air conditioning system which uses water supplied from the Town of
Marathon's water supply system for its operation.
11. a)
Any person who contravenes any of the provisions of this by-law is
guilty of an offence and is subject to such fines and penalties
authorized pursuant to the Municipal Act, S.O., 2001, c.25, as
amended.
b)
For the purpose of establishing a system of fines, as set out in
Subsection 429 (2) of the Municipal Act, the following applies:
i)
where the offence of prohibited watering occurs on a property
and is:
(1)
uninterrupted, and
(2)
from one device or appliance, and
(3)
at one fixed location, and
(4)
continues for more than one (1) hour,
it shall be deemed to be a continuing offence, and the minimum fine for
each hour of prohibited watering shall be $100 dollars per hour.
ii)
where the offence of prohibited watering occurs on a property
and is;
(1)
interrupted or intermittent during the period, or
(2)
emanates from multiple fixtures or devices, or
(3)
occurs at multiple locations on the property, or
(4)
resumes after being instructed by any Town employee,
officers, contractors, agents, servants, or workers, to
cease watering,
each event, location, device/fixture or failure to comply with instructions
shall be considered multiple offences and each offence shall have a
minimum fine of $250.00 each, per day.
iii)
where a person or business has been previously convicted for
the same offence, the minimum fine for each subsequent offence
shall be $500.00 for a second conviction. Third and subsequent
convictions shall add $1,000.00 per conviction as minimum fine
additions to other penalties available.
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iv)
where any person or business has contravened this by-law and
has gained any economic advantage as a result, then, in addition
to the regular fines as specified, a special fine may be imposed
to eliminate or reduce any economic advantage.
12.
This by-law shall come into effect on the final day of its passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED
THIS 9TH DAY OF JUNE, A.D., 2025.
............................................................
Mayor
(SEAL)
...........................................................
Clerk