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unofficial consolidation, the official version is held by the municipal clerk.
As amended by
By-law 2015-79 & 2016-08
THE CORPORATION OF THE TOWNSHIP OF TAY
BY-LAW NO. 2013-38
Being a by-law to repeal By-law 2010-69 and to
regulate the use of municipal watermains, valves,
hydrants and the installation and connection of
water service piping, and to provide penalties for
violations within the Township of Tay.
WHEREAS Section 8 of the Municipal Act, S.O. 2001, as amended provides
that a municipality has the capacity, rights, powers and privileges of a
natural person for the purpose of exercising its authority;
AND WHEREAS Section 9 of the Municipal Act, S.O. 2001, as amended
provides that Sections 8 and 11 of the Act shall be interpreted broadly so as
to confer broad authority on municipalities to enable them to govern their
affairs as they consider appropriate and to enhance their ability to respond
to municipal issues;
AND WHEREAS the Council of the Corporation of the Township of Tay
deems it advisable to provide a by-law which sets out or amends the
conditions on which domestic water service shall be supplied to the
ratepayers;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF TAY ENACTS AND BE IT ENACTED AS FOLLOWS:
1.0
DEFINITION:
In this by-law:
"Adequate Municipal Watermain" means a "watermain" designed
and constructed to provide adequate supply and quality on a year
round, continuous basis;
"Building Water Service Pipe" means that part of the water service
pipe that connects a building to the curbstop;
"Clerk" means the Clerk of the Corporation of the Township of Tay
"Curbstop" means a water service shut off valve located between the
"building water service pipe" and the "water service lateral", placed at
or near the property line and representing the dividing line between
the Townships and owners equipment;
"Director" means the Township Director of Public Works or his
designate;
"Drought Conditions" means the conditions resulting from the lack
of natural rainfall, or equipment limitations or breakdowns, which
cause the municipal water systems to become overloaded to the
extent the water needs for domestic and fire protection cannot be
satisfied on a continuous basis;
"May" means permissive;
"Municipality" means the Corporation of the Township of Tay;
"Operator" means the operator of the municipal water systems
employed by the Corporation of the Township of Tay;
"Owner" means the owner of land within the Township of Tay;
"Person" means and includes any individual, firm, company,
association, partnership, society, incorporated company, or group, and
wherever the singular is used herein it shall also be construed as
including the plural;
"Shall" mean mandatory;
"Swimming pool" means any privately owned body of water located
outdoors
above or below finished grade on privately owned
property, contained in part or in
whole by artificial means in which
the depth of the water at any point can exceed
450
mm
(18
inches) and includes hot tubs, whirlpools and spas;
"Vacuum Breaker" means a device or a method that prevents back-
siphonage in a water distribution system;
"Watermain" means a pipe which carries water and in which all
owners of abutting
properties have equal rights and is controlled
by the Corporation of the Township of Tay; and
"Water Service Lateral" means the service pipe from the water
main to the curbstop.
2.0
GENERAL PROHIBITION:
(a)
No person other than the Director or designate shall repair,
remove, inspect, tamper with or connect to any of the
municipality's equipment, before, during or after installation.
(b)
No person shall draw off or use any water from any fire hydrant
without the written consent of the Director. This restriction shall
apply to all fire hydrants including those on unassumed roads
and private property. This restriction shall not apply to a
municipal fire fighter where water is required for fire protection
purposes.
(c)
No person other than a Licensed Township Water Operator or a
Qualified Township Building Inspector shall operate any curbstop
within the Municipal Water Distribution System.
(d)
No person other than a Licensed Township Water Operator shall
operate any other valve in the Municipal Water Distribution
Systems.
(e)
The property owner shall be responsible for the satisfactory
operation, repairing, replacement and maintenance of the
building water service pipe.
(f)
The rules and regulations set out in this by-law shall govern and
regulate the operation of any water system owned by the
Municipality and shall be considered to form a part of the
agreement between the Municipality for provision of water
service to such building and every such owner or occupant by
applying for and receiving water service from the Municipality
shall be deemed to have expressed his/her consent to be bound
by the said rules and regulations.
(g)
The Municipality agrees to use reasonable diligence in providing
a regular uninterrupted supply of water for domestic use only,
but does not guarantee a constant service or the maintenance of
unvaried pressure and will not be liable in damages to the owner
of property serviced by water or any other person by reason of
any failure in respect thereto.
(h)
The Municipality shall not be liable to the owner of property
serviced by water or any other person for damages by reason of
failure to supply water for any reason whatsoever. The
Municipality will, however, exercise reasonable diligence and
make such repairs as may be necessary, and do such acts as
within it's powers, to restore the services, and shall at all times
for such purpose, have the right to enter upon the lands of the
owners; provided that if the Municipality by reason of its entry
onto private property, occasions any damage to the said private
property, then such damage shall be repaired in a proper
manner forthwith, at the Municipality's expense.
(i)
Notwithstanding anything herein stated, there shall be no
obligation on the part of the Municipality to service any lands
within the Municipality for the supply of water and the
Municipality reserves the right to determine what areas shall be
serviced with the supply of Municipal Water.
(j)
In order to provide frost protection for those seasonal water
service connections located on Robins Point Road from #40 to
#434 and from #41 to #437 the Township will provide at no
additional fee, water service shut-off and turn-on service for
properties with seasonal water service connections. The related
shut-off date will be no later than November 10th of each year
and the turn-on date will be no earlier than April 1st of each
year. Affected property owners are required to purge their
private service connection with air in a manner which dispenses
all water from the pipe(s) and are responsible to give the
Township 24 hours notice for water service shut-off or turn-on.
The water rate for the affected properties is the normal
residential rate as may be decided by Council from time to time.
3.0
BUILDING WATER SERVICE PIPE CONNECTIONS:
No person shall make a connection to a municipal watermain, except
as follows;
(a)
Each property shall have a separate building water service pipe.
(b)
All building water service pipes from the water service lateral to
the building shall be to the following specifications:
i)
For buildings which serve more than one (1) residence or
one (1) commercial function, the size of the building water
service pipe shall be determined by the Director at the
owner's expense.
ii)
The Water Service Box shall be kept in an exposed position
above the ground surface. Where the Water Service Box is
located within a driveway or within 2.0 metres of a
driveway, the Water Service Box shall be flush with the
surface and encased in concrete or asphalt.
(c)
No connection shall be made to a municipal watermain or
curbstop without the approval of the Municipality.
(d)
The Municipality shall not supply water or complete a water
service connection unless the owners plumbing has passed an
inspection by the Chief Building Official or designate.
(e)
Vacant lots, which are not serviced by a Municipal watermain,
shall be provided with a watermain or a water service lateral
subject to the following conditions:
i)
All labour and material necessary for the construction of
watermain or a water service lateral from the watermain to
the street line shall be paid for by the owner of the property,
which is to be provided with water service, by a lump sum
deposit as set out by the Municipality. Upon payment, the
property owner shall be entitled to such installation by the
Director.
ii)
In the event the actual cost of the installation of such water
service
lateral
exceeds
the
amount
prepaid
to
the
Municipality, the person applying for such installation shall
forthwith, after the completion of such installation, pay to
the Municipality the balance of such cost. Where the costs
are not paid by the date requested by the Township the said
costs will be added to the tax roll for the property and
collected in a like manner as taxes.
(f)
The Director or designate may, on the application of an owner,
approve a temporary building water service pipe connection for
the purpose of assisting the construction of a building.
(g)
All connections of the water service laterals to the municipal
watermain shall be made with a corporation stop.
4.0
CONNECTIONS:
(a)
The owner of any residential, commercial or industrial building,
whose property fronts on a Municipal roadway and an adequate
municipal watermain servicing said property, shall connect to the
said watermain for the supply of domestic water and to no other
private water line according to the terms of this by-law.
(b)
An owner of any property, which fronts on an adequate
municipal watermain, who wishes to connect to his/her own
private water supply, may do so provided his/her building water
service line is physically disconnected from the curbstop and
he/she pays the annual water user fee as set by the municipality
from time to time. If said owner wishes to reconnect to a
municipal watermain, the owner shall pay the permit, inspection,
construction, connection and any other applicable fees.
(c)
Any owner who wishes to disconnect from a private water supply
and connect to the Municipal watermain shall not do so unless
they have physically disconnected all plumbing from the private
supply and have had this work inspected and approved by the
Director.
(d) The Director or designate may turn off the water to a property
for non-payment, if there is a concern water is leaking, or if
reasonable access is not granted for water meter reading or
water meter maintenance.
5.0
WATER RESTRICTIONS:
(a)
Under the terms of this by-law, the usage of water to water
lawns, gardens or the topping up of swimming pools is not a
domestic use and is subject to restrictions.
(b)
No person shall use municipal water (other than by use of a
hand held watering can):
i)
From more than one (1) outside faucet.
ii) To water lawns, gardens, or top up swimming pools except
between the hours of 7:00 a.m. to 9:00 a.m. and 7:00 p.m.
to 9:00 p.m.
iii) To water lawns or gardens on the days of the month that do
not correspond with the civic address, meaning odd
numbered houses on odd calendar days and even numbered
houses on even calendar days.
(c)
The Municipality upon receipt of a written request, may issue a
permit allowing water from a municipal water system to be used
to water newly placed nursery sod for seven (7) consecutive
days during the designated outside water usage hours as set out
herein. The permit, once issued is only valid if it is displayed in
a conspicuous place which allows staff to easily recognize it.
(d)
Properties operating as Saint Marie Among the Hurons, Wye
Marsh Wildlife Centre and, Martyrs' Shrine (PIN's 585130289,
585130290 and 584750372) are forbidden to use municipal
water for the purpose of lawn irrigation in any amount at any
time.
6.0
DROUGHT CONDITIONS:
(a)
In the event of the occurrence of drought conditions, the
Director may prohibit and regulate all outside water use.
(b)
The occupant of a building to which water is supplied by the
municipality shall adhere to water restrictions and/or water bans
in effect after public notification (Township website, community
signs, media release to local media) of any such restriction or
ban.
7.0
SWIMMING POOLS:
(a)
All owners of properties with swimming pools shall install a
vacuum breaker device on all outside water faucets.
(b)
No person shall cause or permit a swimming pool to be filled
from a municipal water system.
(c)
An owner may occasionally top up a swimming pool during the
designated outside water usage hours as set out herein.
8.0
PENALTIES:
8.1 Every person who contravenes any of the provisions of this by-
law and every director or officer of a corporation, who knowingly
concurs in the contravention by the corporation, is guilty of an
offence under the provisions of the Municipal Act, 2001, S.O.
2001, c. 25, as amended.
8.2
Every person who contravenes the provisions of this by-law and
every director or officer of a corporation, who knowingly concurs
in the contraventions by the corporation, is guilty of an offence
and liable on conviction to a penalty where the minimum fine
shall not exceed $500 and a maximum fine shall not exceed
$100,000 exclusive of costs under the provisions of the Municipal
Act 2001, S.O. 2001, c. 25, as amended.
8.3
For the purpose of continuous offences, every person who
contravenes any provision of this by-law and every director or
officer of a corporation who knowingly concurs in the
contravention of a by-law of the corporation is guilty of an
offence and liable on conviction to a penalty not exceeding
$10,000, exclusive of costs under the provisions of the Municipal
Act, 2001, S.O. 2001, c. 25, as amended.
8.4
Despite section 8.3 and the provisions of the Municipal Act,
2001, S.O. 2001, c. 25 as amended, the total of all daily fines for
the offence is not limited to $100,000.
8.5
For the purpose of multiple offences, every person who
contravenes any provision of this by-law and every director or
officer of a corporation who knowingly concurs in the
contravention of a by-law of the corporation is guilty of an
offence and liable on conviction to a penalty not exceeding
$10,000, exclusive of costs under the provisions of the Municipal
Act, 2001, S.O. 2001, c. 25, as amended.
8.6
Despite section 8.5 and the provisions of the Municipal Act,
2001, S.O. 2001, c. 25, as amended, the total of all daily fines
for the offence is not limited to $100,000.
8.7
Every person who fails to comply with a notice made under this
By-law is guilty of an offence.
8.8
It shall be an offence for a person to hinder or obstruct, or
attempt to hinder or obstruct, an Officer who is exercising a
power or performing a duty under the Municipal Act, 2001, as
amended, or under a by-law passed under the Municipal Act,
2001, as amended.
8.9
Any person who has been alleged to have contravened any of the
provisions of a by-law passed under the Municipal Act, 2001, as
amended shall identify themselves to the Officer upon request.
Failure to do so shall be deemed to have obstructed or hindered
the Officer in the execution of the Officer's duties.
8.10 Every person who contravenes any section of this by-law under a
Part 1 ticket, upon conviction shall be liable to a fine as provided
for in the Provincial Offences Act, R.S.O 1990, Chapter P.33, as
amended.
8.11 Upon conviction any penalty imposed under this By-law may be
collected under the authority of the Provincial Offences Act,
R.S.O. 1990, Chapter P.33, as amended.
9.0
OBSTRUCTION:
(a)
In accordance with the provisions of the Municipal Act S.O. 2001,
c.25, as amended, Section 426(1), no person shall hinder,
interfere with or otherwise obstruct, either directly or indirectly,
an officer, employee of the
Township of Tay and/or agent in
the lawful exercise or power or duty under this by-law.
10.0 GENERAL:
(a)
This By-law shall be know as a by-law to regulate the use of
municipal watermains, valves, hydrants, and the installation and
connection of water service piping, and to provide penalties for
violations thereof.
(b)
Every provision of this by-law is declared to be severable from
the remainder of the by-law and if any provision of this by-law
shall be declared invalid by a court of competent jurisdiction,
such declaration shall not affect the validity of the remainder
thereof.
11.0 SEPARATE OFFENCE:
(a) For the purpose of this by-law, each day of a continued offence
shall be deemed to be a separate offence.
12.0 SHORT TITLE:
(a)
The short title of this by-law is the Water Use By-law.
13.0 REPEALED:
(a) That By-law 2010-69 is hereby repealed.
(b) That this by-law shall take force and take effect immediately
upon the final passage thereof.
BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY
PASSED THIS 29TH DAY OF FEBRUARY, 2016.
THE CORPORATION OF THE TOWNSHIP OF TAY
________________________________________
MAYOR, Scott Warnock
________________________________________
CLERK, Alison Thomas
CORPORATION OF THE TOWNSHIP OF TAY
PART 1 PROVINCIAL OFFENCES ACT
By-law 2013-38: Water Use By-law
ITEM
Column 1
Short Word Form Wording
Column 2
Provision
creating or
defining offence
Column 3
Set Fine
1
Operate any curbstop within the Municipal
Water
Distribution
System
without
permission.
2.0 (c)
$125.00
2
Operate any valve within the Municipal
Water
Distribution
System
without
permission.
2.0 (d)
$125.00
3
Use municipal water outside from more
than one faucet.
5.0 (b) i
$125.00
4
Use municipal water outside during non-
permitted hours.
5.0 (b) ii
$125.00
5
Use municipal water outside during non-
permitted days.
5.0 (b) iii
$125.00
6
Use municipal water for outside watering
when a restriction or ban is in effect.
6.0 (b)
$300.00
7
Fail to install a vacuum breaker on all
outside water faucets.
7.0 (a)
$150.00
8
Cause or permit a swimming pool to be
filled from a municipal water system.
7.0 (b)
$150.00
9
Obstructing an Officer or Agent.
9.0 (a)
$125.00
Note: The penalty provision(s) for the offences indicated above is Section 8
of By-Law 2013-38 a certified Copy of which has been filed.
CORPORATION OF THE TOWNSHIP OF TAY
PART 1 PROVINCIAL OFFENCES ACT
By-law 2013-38: Water Use By-law
ITEM
Column 1
Short Word Form Wording
Column 2
Provision
creating or
defining offence
Column 3
Set Fine
1
Operate any curbstop or valve within the
Municipal
Water
Distribution
System
without permission.
2.0 (c)
2
Use municipal water outside from more
than one faucet.
5.0 (b) i
3
Use municipal water outside during non-
permitted hours.
5.0 (b) ii
4
Use municipal water outside during non-
permitted days.
5.0 (b) iii
5
Use municipal water for outside watering
when a restriction or ban is in effect.
6.0 (b)
6
Use outside water faucet to top up a
swimming pool without a vacuum breaker.
7.0 (a)
7
Cause or permit a swimming pool to be
filled from a municipal water system.
7.0 (b)
8
Obstructing an Officer or Agent.
9.0 (a)
Note: The penalty provision(s) for the offences indicated above is Section 8
of By-Law 2013-38 a certified Copy of which has been filed.