By-Law 2025-70 Water Use By-Law

Smooth Rock Falls, Ontario · No. 2025-70 · adopted 2025-10-20 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 57391ab666ef · verified 2026-10-18 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

loc THE CORPORATION OF THE TOWN OF SMOOTH ROCK FALLS Being a by-taw to Regutate the Time, Water Use for Properties Serviced by Manner, and Conditions of MunicipaI the Town of Smooth Rock Fatts Water System wHEREASthecorporationoftheTownofsmoothRockFattsisresponsibtefor the operation, maintenance, and management of the municipal drinking water syste m; ANDWHEREASSectionl0(2),paragraphs6andT,ottheMunicipalAct'2001'as amended, authorizes municipalities to pass by-taws respecting the heatth' safety, and wett-being of persons, and services provided by the municipatity' inctuding the regulation of water usage; ANDwHEREASSection434.loftheMunicipalAct,2ool,andontarioRegu[ation 333/07, as amended, authorizes municipatities to estabtish a system of administrative penatties as an alternative to prosecution for certain by-taw contraventions; AND WHEREAS the councit of the corporation of the Town of smooth Rock Fatts has adopted a system of administrative penatties through which designated by- Laws, including those retated to water use, are enforced; AND WHEREAS it is deemed necessary and in the pubtic interest to regulate the time, manner, and nature of the use of water supptied by the municipal water system, in order to promote conservation, protect municipal infrastructure, ensure equitabte access, and ensure efficient water service delivery to a[[ serviced properties. NOW THEREFORE Councit of the Corporation of the Town of Smooth Rock Fatts enacts as fotlows: 1.0 Short Titte 2.0 Definitions In this By-taw: 2.1 "Administrative Penatty" refers to a financiaI penalty imposed under the Town's Administrative Monetary Penatty System (AMPS) as an atternative to prosecution under the ProvinciaI Offences Act' 2.2 "Council" shatt mean the MunicipaI CounciI of the Town of Smooth Rock Fatts. 2.3 "Outdoor Water Use" means the use of municipatty supptied water for purposes inctuding, but not timited to, lawn or garden watering, poot fitting, and surface cteaning. "Owner" shatl mean the registered owner of a property or any person authorized to act on their behatf. "serviced Property" means any property to which drinking water is supptied by the municipa[ water system operated by the Town. BY-LAW # 2025-70 1.1 This By-law may be cited as the "\4later Use By-Law". 2.5 2.6 'Town' shatl mean The Corporation of the Town of Smooth Rock Fatts. 3.0 Rutes of lnterpretation 3.01 lnterpretation of Terms 3.01 .1 Where terms are not specificatty defined in this By-taw, the definitions set out in the Municipal Act, 2001 ,lhe PubLic Utitities Act, and any other appticabte provincia[ [egislation shatt appty. 3.01 .2 ln the event of a conftict between definitions, the context and intent of this By-Law shatl govern. 3.O2 Grammar and Style 3.02.2 Words expressed in the mascu[ine gender sha[[ include the feminine and non-binary genders. 3.02.3 The singular sha[[ inctude the ptura[, and the pturatsha[[ inctude the singular, as the context requires. 3.02.4 Headings and subheadings are included in this By-taw for reference purposes only and shatl not affect the interpretation of any provision. 5.0 Offences No person sha[[ engage in any of the following actions: 5.01 Prohibited Water Uses 5.01.1 Water, sprinkte, or permit the watering or sprinkting of any [awn, garden, tree, shrub, or other outdoor vegetation using a hose, pipe, or simitar device, except in accordance with this By-law or during permitted times and conditions set out in Sections 5.0 and 6.0. 5.01.2 No tenant, occupant, owner, or other person receiving municipaI water service sha[[ use, waste, or redistribute water in a manner that is improper, excessive, or unauthorized. Without the prior written authorization of the Town, no person shatt: a) Lend, se[t, give, or otherwise transfer municipatty supptied water to any other individuat, business, or property; b) Permit municipalty supptied water to be transported, hauted, or removed from the premises to which it is supptied; c) Use municipatty supptied water for the benefit of any person or property other than the property for which the service is authorized. 5.01 .3 Water or permit the watering of any [awn, garden, tree, shrub, or other vegetation during a period when outdoor water use 3.02.1 Words expressed in the present tense shat[ include the future tense. has been restricted or prohibited by the Town under Section 7.0, except where exemptions app[y. 5.01 .4 Use or permit the use of municipaI water through a hose, pipe, or simitar apparatus for any outdoor purpose during dec[ared water suppty emergencies, drought conditions, or when the Town has imposed emergency water restrictions under this By- Iaw. 5.O2 Tampering, lnterference, and Unauthorized Access 5.02.1 Wittfutty hinder, obstruct, or interfere with, or cause or permit the hindrance or interference of, any officer, contractor, or emptoyee of the Town acting under authority of this By-taw or performing work retated to the municipaI water system. 5.02.2 Wittfutty atlow water to be discharged or reteased in a wastefut, negtigent, or unreasonabte manner such that it ftows onto adjacent properties, pubtic rights-of-way, or causes damage or u nsafe conditions. 5.02.3 Tamper with, atter, or damage any municipal water meter, appurtenance, or service pipe in a way that reduces or misrepresents water usage or interferes with accurate metering. 5.02.4 lnstatl, connect, or attempt to connect any private water service or piping to the Town's waterworks system without prior written authorization from the Town, or otherwise obtain or use water without legaI entittement. 6.0 Water Suppty Regutations 6.01 ln order to promote water conseryation and ensure the continuous and equitable suppty of municipalty treated water, the use of municipatwater for outdoor purposes by means of a hose, sprinkter, or other attachment is subject to restrictions between May 15 and September 15 of each year. 6.01.1 Default Level Untess otherwise dectared by the CAO under Section 6.01 .5, outdoor water use shatl be subject to Leve[ 1 restrictions. 6.01.2 Levels of Restriction The level of outdoor water use restriction in effect may be increased from Level 1 to Level 2, 3, or 4 as determined by the CAO. ln making such determination, Councit or the CAO may consider factors inctuding but not [imited to: . Forecasted or actuaI drought conditions; . System capacity and demand tevels; . Emergency events affecting water quality or suppty; o Provinciat orders, advisories, or conservation directives. Notice of the Level in effect shatt be provided to residents by means of pub[ic posting, the municipaI website, sociaI media, or other methods reasonabty catcutated to give notice. 6.01 .3 Levet 1: Careful Use Watering is permitted on[y between 6:00 a.m. to 10:00 a.m. and 6:00 p.m. to 10:00 p.m. daity. Flowerbeds and vegetab[e gardens may be watered by hand at any time using a watering can or a hose equipped with a nozzle that has a trigger shut-off. Sprinklers and water toys, inctudlng chitdren's pools, may be used for recreationaI purposes by chitdren, provided chitdren are present during use. 6.01.4 Levet 2: Moderate Restrictions . Atternate day watering schedutes appty (even- numbered addresses may water on even-numbered ca[endar days, odd-numbered addresses on odd- numbered catendar days). . Prohibition of no n-essentia I wate r uses, such as washing driveways and sidewaLks. . Residents are encouraged to use rainwater harvesting for gardens, trees, and other outdoor vegetation. 6.01 .5 Levet 3: Prohibited Outdoor Use . Subject to the exemptions set out in Section 7.0 of this By-taw, outdoor use of potabte water is prohibited. . Restrictions appty to fitting swimming pools and washing vehictes. 6.01.6 Levet 4: Emergency Restrictions . FuLt prohibition on no n-esse ntia I water use. . Use of water for firef ighting, f ire training, or emergency services is exempt from a[[ restrictions. 7.O Exceptions 7.O1 Notwithstanding the restrictions set out in Section 6.0, outdoor watering shatt be permitted under the fottowing circumstances: 7.01 .1 The watering of newly planted sod, seed, ornamentaI shrubs, trees, or garden beds during instattation and for a period of 24 hours fo[[owing the completion of instaltation. 7.01 .2 The watering of lawns or [andscaped areas that have been treated with pesticide, herbicide, or fertitizer, where water is required to activate or absorb the treatment, for a period of 24 hours fottowing apptication. 7.01 .3 The watering of newly taid sod on any property, for a period of up to two (2) weeks fottowing initiat instatlation. 7 .O1 .4 The use of water for the instaltation or repair of residential swimming poots or pool [iners, where water is required to complete the instatlation or ensure structuraI stability. 7.01 .5 Use of water f or firefighting, f ire training, or emergency services is exempt from at[ restrictions. 8.0 AdditionatRestrictions 8.01 Authority to lmpose AdditionaI Measures ln the event of drought conditions, emergency situations, or a signiflcant disruption to the municipaI water suppty, Councit, by resolution, or the Chief Administrative Officer (CAO), if immediate a a action is required, may impose additiona[ temporary water use restrictions beyond those set out in this By-taw. 8.O2 Scope of Temporary Restrictions Any such restrictions shatt be enforceabte u nder the authority of this By-taw and may inctude futt prohibitions on non-essentiaI water use or designated watering schedutes. 9.0 Conftict with Other Legistation 9.01 ln the event of a conftict between the provisions of this By-law and the provisions of any appticabte provinciaI or federal legistation, inctuding the Municipal Act, 2OO1 ,the provisions of the higher authority sha[[ prevailto the extent of the conflict. 10.0 Validity and Severabitity 10.01 lf any section, subsection, clause, paragraph, or provision of this By- law is dectared invatid, unenforceabte, or beyond the authority of Council by a court of competent jurisdiction, such provision shat[ be deemed severabte and shatl not affect the va[idity or enforceabitity of the remainder of the By-taw. 10.02 Att remaining provisions sha[[ continue in fu[[ force and effect and shatt be interpreted as if the invatidated provision had never been inctuded. 10.03 Any reference in this By-law to a statute or regulation of the Province of Ontario shatt be deemed to include aLt appticabte amendments, re- enactments, and successor legis[ation. 11.0 Penalties 11.01 Any person who contravenes any provision of this By-taw is subject to an administrative penatty in accordance with Schedute '.A,, of this By- law and the Town's AMPS By-taw, as amended. 1 1.02 Each day a contravention continues shatt be deemed to constitute a separate distinct offence. 11.03 Repeated or continued contraventions by the same person may resutt in escalating penatties in accordance with the Town's AMPS enforcement f ra mework. 1 1 .04 Administrative penatties issued under this By-taw are not subject to prosecution underthe Provincial Offences Act, and disputes or reviews of such penalties must be submitted through the screening and hearing process estabtished under the Town's AMpS By-taw. 12.0 Enforcement 12.01 This By-taw shatl be enforced through the Town's Administrative Monetary Penatty System (AMPS), by the Pubtic Works Coordinator or any other person designated by CounciI for this purpose. 12.02 Fot {eater certainty, this By-Law is not enforced through the Provinciat Offences Act and is not subject to prosecution in ProvinciaI Court, unless otherwise provided by taw. 13.0 Administrative Penatty Schedute 13.01 Schedute "A" attached hereto forms an integraI part of this By-taw. 14.0 Effective Date 14.01 This By-taw shatl come into force and take effect on the date of its f inaI passage. 15.0 Repeat of Previous By-Laws 15.01 That By-taw No. 1996-18 is hereby repeated. READ a first and second time this 6'h day of October, 2025. MAYOR Patrick Roberts MUNICIPAL CLERK Nathatie Vachon READ a third time, signed and the Seat of the Corporation affixed thereto and finatty passed this 20'h day October 2025. MAYOR Patrick Roberts MUNICIPAL CLERK Natha[ie Vachon tlr>r ) L//t \ Section Description of Offence Penatty Amount Tier 1 Penatty Amount Tier 2 Penatty Amount Tier 3 5.01.3 Watering during a period of temporary ban or restriction $zoo $soo $aso 5.01.4 Using water for outdoor purposes during a dectared water e me rgency $soo $400 $sso 5.02.1 Hindering or interfering with a municipaI officer or contractor $2so $gso $soo 5.02.2 AtLowing water to discharge wastefutty or negl,igentLy $1 50 $250 $+oo 5.02.3 Tampering with or attering a municipaI water meter or service pipe $+oo $soo $oso 5.02.4 Unauthorized connection to municipaI water inf rastructure $400 $soo $oso 5.01.2 Unauthorized transfer, sate, or redistribution of municipaI water $soo $aoo $sso 5.01.3 Watering during a period of temporary ban or restriction $200 $eoo $+so 5.01.4 Using water for outdoor purposes during a dectared water emergency $soo $400 $sso 6.01.3 Levetl-CarefutUse $t oo $200 $sso 6.01.4 Leve[ 2 - Moderate Restrictions $t so $zso $400 6.01.5 Level 3 - Prohibited Outdoor Use $zoo $soo $+so 6.01.6 Levet4 - Emergency Restrictions $soo $+oo $sso APPEN DIX'A' - Penalties Note: o Tier 1 = First offence o Tier 2 = Second offence within 12 months o Tier 3 = Third or subsequent offence within 12 months o Penatties are issued as per the Town's AMPS By-l.aw o Faiture to respond to a penatty notice may resutt in additional. administrative fees or cottection actions.