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The Corporation of the Town of Orangeville
By-law Number 2024-040
A by-law to regulate the use of water for lawn and garden
watering within the Town of Orangeville
Whereas the Municipal Act, S.O. 2001 , c.25, S.1 1 , authorizes a municipality to pass by-
laws respecting matters within the jurisdiction of public utilities;
Whereas The Town of Orangeville relies solely on groundwater for its drinking water
system and in order to conserve and maintain an adequate supply of water, the Town of
Orangeville deems it necessary to regulate the use of water for lawn and garden
watering.
Now therefore be it resolved that the Council for The Corporation of the Town of
Orangeville hereby enacts as follows:
Short Title
This by-law shall be known as the "Lawn Watering By-law"
Definitions
For the purpose of this by-law:
"hand watering device" means a container that is not connected to a watering
device, is used to apply water, and is operated by muscular power only.
"lot" means a parcel of land which is capable of being legally conveyed;
"officer" means a police officer, municipal law enforcement officer, or any other
person appointed by by-law to enforce the provisions of this By-law;
"owner" means any person, firm or corporation having control over property to
which this By-law applies and includes the owner registered on the title of the
property and any occupant of any building or structure located on such property
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"person" includes an individual, sole proprietorship, partnership, limited
partnership, trust, corporation, and an individual in his or her capacity as a trustee,
executor, administrator, or other legal representative;
"water", except othenryise defined in this by-law, means water produced, treated,
stored, and distributed through the Town's drinking water system.
"watering device" includes, but is not limited to, a hose connected to a hose bib,
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.
"yard" includes lawns, outdoor grass, turf, plants, flowers, trees, shrubs or
gardens;
3. Regulations and Restrictions
The following regulations and restrictions shall apply on a continuous basis within the
Town limits:
3.1 No person shall water or permit to be watered any yard through the use of a
watering device connected through the Town's drinking water system except
between the hours of 5:00 a.m. and 8:00 a.m. and between the hours of 7:00 p.m.
and 10:00 p.m. and only in accordance with the time limits set out in section 3.2.
3.2 ln addition to the requirements of section 3.1, no person shall water or permit to
be watered any yard except as provided:
Municipal address ending in the following numbers
(a) 0 or 1 shallwater only on Mondays
(b) 2 or 3 shall water only on Tuesdays
(c) 4 or 5 shall water only on Wednesdays
(d) 6 or 7 shall water only on Thursdays
(e) 8 or 9 shallwater only on Fridays
3.3 No person shall water or permit water to run onto roads, driveways, walkways,
sidewalks, patios, or any other area where it is wasted.
3.4 The following watering activities are exempt from section 3.1 and 3.2 of this by-
law:
a) An owner/developershall be permitted to water newly planted sod for no
longer than three (3) hours within a24-hour period after the sod is put down
b) A person shall be permitted to water a yard at any time provided they are
using a hand watering device or where the water is not sourced from the
Town's drinking water supply.
c) A person shall be permitted to water any yard for which a permit is obtained
from the General Manager of lnfrastructure Services or their delegate
d) A person operating or maintaining newly planted trees, a nursery, a farm, a
turf or tree farm, a vegetable garden, a park, a playing field, a public garden
and/or public hanging baskets shall be exempt from the provisions of
section 3.1 and 3.2 only where failure to water would result in a permanent
loss of plant material.
3.5 Notwithstanding the provisions in sections 3 the General Manager, lnfrastructure
Services or designate to act in his/her absence may declare a water supply
emergency and further restrict or suspend all lawn and garden watering. At the
end of the emergency, the provisions of this by-law shall resume.
3.6 lf a water supply emergency is declared pursuant to Section 3.5 of this by-law, the
following watering restrictions shall be imposed as part of the declaration of the
water supply emergency:
a) All watering including, swimming pool filling, and the washing of vehicles at
locations, otherthan atplaces of businesswhich provide automatic or hand-
held car washing facilities, is suspended.
b) All lawn watering is suspended.
c) Gardens may be watered provided that the person is physically holding a
hand watering device or water is not sourced from the Town's drinking
water supply.
3.7 The enforcement of this By-law shall be conducted by an Officer, the General
Manager Infrastructure Services or their designate.
4. Orders
4.1 lf an Officer has reasonable grounds to believe that a contravention of this By-law
has not been complied with, the Officer may make an Order requiring the person
who contravened this By-law or who caused or permitted the contravention to
occur to:
a) Discontinue the contravening activity; and/or
b) Do work or take action to correct the contravention.
4.2 An Order under section 4.1 shall set out:
a) Reasonable particulars of the contravention adequate to identify the
contravention;
b) The location of the premise on which the contravention occurred; and
c) Either:
i)
in the case of an Order under section 4.1 (a), the date by which
there must be compliance with the Order; or
ii) in the case of an Order under section 4.1 (b), the action to be
done and the date by which the action must be done.
4.3 An Order made under this By-law may be served personally, ordinary mail to the
last known address or by email transmission to:
a) The person the Officer believes contravened this By-law; and
b) Such other persons affected by the Order as the Officer making the Order
determines.
4.4 An Order may be posted on site
4.5 An Order sent by ordinary mail, shall be deemed to have been served on the
seventh (7th) day after the date of mailing, or if sent by registered mail, shall be
deemed to have been served on the fifth (sth) day after the date of mailing, or on
the date of personal service, or on the date of email transmission.
4.6 An Officer who is unable to effect service of an Order pursuant to this By-law shall
place a placard containing the Order in a conspicuous place on the premise and
the placing of the placard shall be deemed to be sufficient service. The placing of
the placard of the Order shall be deemed to be served on the date of placing the
placard.
5. Enforcement and Penalty Provisions
5.1 This by-law shall apply to the owner of property.
5.2 The enforcement of this By-law shall be conducted by an Officer
5.3 An Officer may enter on land at any reasonable time for the purpose of carrying
out an inspection to determine whether or not the By-law or an Order issued
pursuant to this By-law is complied with.
5.4 Every person who contravenes any provision of this By-law, including failing to
comply with an Order made under this By-law, is guilty of an offence and is liable
to a fine, and such other penalties, as provided for in the Provincial Offences Act,
R.S.O. 1990, c. P.33, as amended, and the MunicipalAct, as amended.
5.5 Any person who is charged with an offence under this By-law or an Order issued
pursuant to this By-law or every director or Officer of a corporation, who knowingly
concurs in the contravention by the laying of an information under Part lll of the
Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended, is guilty of an offence
and if found guilty of the offence is liable pursuant to the Municipal Act, as
amended, to the following:
a) On a first offence, to a fine not more than $50,000.00; and
b) On a second offence and each subsequent offence, to a fine of not more
than $100,000.00; and
c) ln the case of a continuing offence, for each day or part of a day that the
offence continues, the maximum fine shall be $10,000.00 per day for every
day in contravention and the total of all daily fines for the offence is not
limited to $1 00,000.00.
5.6 Every person who is issued a Part 1 offence notice or summons upon conviction
is guilty of an offence under this By-law shall be subject to a fine, to a maximum as
provided for in the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended.
5.7 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer
exercising a power or performing a duty under this By-law.
5.8 Upon conviction any penalty imposed under this By-law may be collected under
the authority of the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended.
5.9 lf a person is convicted of an offence under this By-law, the court in which the
conviction has been entered and any court of competent jurisdiction may, in
addition to any other remedy and to any penalty imposed, make an order
prohibiting the continuation or repetition of the offence by the person convicted.
6. Severability
Should any section or subsection of the by-law or any part or parts thereof be
found by law to be illegal or beyond the power of the Council to enact, such
section or subsection or part or parts thereof shall be deemed to be severable so
that the remainder of this by-law is separate and therefore enacted as such.
Repealing Section
By-law 21-2005 is hereby repealed
Effective Date
This by-law shall come into full force and take effect on June 3,2024
Read three times and finally passed this 3rd day of June, 2024
Lisa Post, Mayor
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Raylene Martell, Town Clerk