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The Corporation of the
Municipality of Trent Lakes
By-law No. B2024-052
A By-law to Regulate the External Uses of
Water Relative to Alpine Village, Pirates Glen
and Buckhorn Lake Estates
Whereas Section 10(2) of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, (the Municipal Act, 2001) provides that a municipality may pass by-
laws respecting the health, safety and well-being of persons, and the protection
of persons and property;
And Whereas Section 11(3) of the Municipal Act, 2001 authorizes a
municipality to pass by-laws respecting matters within the jurisdiction of public
utilities;
And Whereas Section 425 of the Municipal Act, 2001 provides that a
municipality may pass by-laws to provide that a person who contravenes a by-
law of the municipality passed under the Municipal Act, 2001 is guilty of an
offence;
And Whereas Section 426 of the Municipal Act, 2001 provides that no person
shall hinder or obstruct, or attempt to hinder or obstruct any person who is
exercising a power or performing a duty under a by-law passed under the
Municipal Act, 2001;
And Whereas Section 429(1) of the Municipal Act, 2001 provides that a
municipality may establish a system of fines for offences under a by-law
passed under the Municipal Act, 2001;
And Whereas Section 434.1 of the Municipal Act, 2001, authorizes a
municipality to impose a system of administrative penalties;
And Whereas Section 436 of the Municipal Act, 2001, authorizes a
municipality to pass by-laws providing that the municipality may enter on land
at any reasonable time for the purpose of carrying out an inspection to
determine compliance with a by-law, direction or order of the municipality;
And Whereas Section 444 of the Municipal Act, 2001provides that a
municipality may make an order requiring the person who contravenes a by-
law of the municipality passed under the Municipal Act, 2001 or who caused or
permitted the contravention or the owner or occupier of the land on which the
contravention occurred, to discontinue the contravening activity;
Now Therefore Be It Resolved that the Council of The Corporation of the
Municipality of Trent Lakes enacts as follows:
1.0
Definitions
1.1
Administrative Monetary Penalty System (AMPS) By-law
means the Municipality's Administrative Monetary Penalty System
By-law B2023-051, as amended, or any successor administrative
monetary penalty system by-law.
1.2
Administrative Penalty means a monetary penalty imposed for a
contravention of this By-law and as established by the
Administrative Monetary Penalty System By-law.
1.3
Calendar Day means one day commencing at 00:00 hours and
ending at 23:59:59.
1.4
Council means the municipal Council for the Municipality of Trent
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Lakes.
1.5
External use means the discharge of water which is not fully
contained within any building, shed, or structure and includes
water released onto or into the natural environment.
1.6
Fee means a fee as set forth in the Municipality's Fees and
Charges By-law.
1.7
Municipality means the Corporation of the Municipality of Trent
Lakes and includes its entire geographic area.
1.8
Officer means a Police Officer, Chief Building Official, Building
Inspector and Municipal Law Enforcement Officer.
1.9
Penalty Notice means a notice given to a Person pursuant to the
Administrative Monetary Penalty System By-law.
1.10
Permitted Water Use Hours means the four (4) consecutive
morning hours from 5:00 a.m. to 9:00 a.m. and again in the
evening, the four (4) consecutive hours from 5:00 p.m. to 9:00
p.m. of the same day, both periods being on the permissible day
of watering.
1.11
Person means an owner, tenant, occupant, agent or employee of
any house, dwelling unit, building or other place or structure with
supplied water from the Municipal supply system.
2.0
Application
2.1
This By-Law applies to every Person of Alpine Village, Pirates
Glen and Buckhorn Lake Estates.
2.2
When a property owner requires the turning on and off of water
shutoff valves at the street line for their convenience, a Fee may
be required.
2.3
The Mayor or their designate 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.
3.0
Prohibitions
3.1
No Person shall water or sprinkle by hose, pipe, or any other
connection, lawns, gardens, grass or grounds of any description or
for any other External Use between the 30th day of April each
year and the 31st day of October of the same year except at such
time as specified in section 3.2 or 3.3.
3.2
All Persons within Alpine Village and Pirates Glen shall be
permitted to water on the following Calendar Days during
Permitted Water Use Hours:
a.
Persons with even-numbered street addresses shall be
permitted to water on even-numbered Calendar Days.
b.
Persons with odd-numbered street addresses shall be
permitted to water on odd-numbered Calendar Days.
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3.3
All Persons within Buckhorn Lake Estates shall be permitted to
water on the following Calendar Days during Permitted Water Use
Hours:
a.
Persons with 911 numbers from 1-100 assigned by the
Municipality shall be permitted to water on even-numbered
Calendar Days.
b.
Persons with 911 numbers from 101-200 assigned by the
Municipality shall be permitted to water on odd-numbered
Calendar Days.
3.4
No Person shall turn on or off or otherwise tamper with any water
shut off valves.
3.5
No Person shall use the water from a water supply system to
operate a water fountain, water pond, artificial stream, and for the
filling of swimming pools and hot tubs.
4.0
Entry and Inspection
4.1
An Officer or their designate(s) may, at any time, enter onto a
property, to determine whether this By-law is being complied
with.
4.2
No Person shall refuse to permit an Officer or their designate(s)
to inspect a property for the purposes of determining
compliance with the By-law.
4.3
An Officer or their designate(s) may enter upon a property at
any reasonable time to direct or require that a matter or action
be done and, in default of that matter or action being done, to
do such matter or action in accordance with this By-law.
4.4
A Person exercising power of entry on behalf of the Municipality
under this By-law may be accompanied by any Person under
their direction including Law Enforcement Services, other
Municipal employees, agents or authorities as deemed
necessary.
5.0
Administrative Penalties
5.1
The Administrative Monetary Penalty System By-law applies to
this By-law.
5.2
An Officer who finds that a Person has contravened any
provision of this By-law may issue a Penalty Notice under the
Administrative Monetary Penalty System By-law to the Person
who contravened this By-law.
5.3
The Penalty Notice shall be given to the Person to whom it is
addressed as soon as is reasonably practicable and shall
include the following information:
a.
Particulars of the contravention, including to which Property
it applies;
b.
The amount of the Administrative Penalty; and
c.
A statement advising that an Administrative Penalty will
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constitute a debt to the Municipality.
5.4
A Person who has been issued a Penalty Notice shall pay the
Administrative Penalty within fifteen (15) days from the date the
Penalty Notice was issued.
5.5
An Administrative Penalty that is deemed to be confirmed may
be added to the tax roll of the Property on which the
contravention of this By-law occurred.
6.0
Conflict
6.1
This by-law shall not be construed to reduce or mitigate any
restrictions or regulations lawfully imposed by the Municipality or
by any governmental authority having jurisdiction to make such
restrictions or regulations.
6.2
If there is a conflict between a provision of this by-law and a
provision of any other municipal by-law, the provision that
establishes the higher standard to protect the health and safety of
the public and to maintain clean and tidy condition on land shall
apply.
7.0
Interpretation
7.1
Any reference in this By-law to legislation, regulations, by-laws,
policies or rules is to such legislation, regulations, by-laws,
policies or rules as amended, extended, re-enacted or replaced
from time to time.
8.0
Short Title
8.1
This by-law may be referred to as the "Watering Regulations By-
law".
9.0
Severability
9.1
Should any provision, or any part of a provision of this By-law be
declared invalid, or to be of no force and effect by a court of
competent jurisdiction, it is the intent of Council that such a
provision, or part of a provision, shall be severed from this By-law,
and every other provision of the By-law shall be applied and
enforced in accordance with its terms to the extent possible
according to law.
10.0 Repeals
10.1
That By-law B2016-080 is hereby repealed.
11.0 Effective Date
11.1
This By-law shall come into force on the date it is passed.
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Read a first, second and third time and passed this 16th day of July, 2024.
Terry Lambshead, Mayor
Jessie Clark, Clerk