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THE CORPORATION OF THE
TOWN OF WASAGA BEACH
BY-LAW NO 2014-47
A BY-LAW TO REGULATE THE EXTERNAL USES OF WATER WITHIN THE
TOWN OF WASAGA BEACH AND TO REPEAL BY-LAW NO. 2002-25
(THE "LAWN WATERING BY-LAW")
WHEREAS Section 8 of the Municipal Act, 2001, as amended provides that the
powers of a municipality under this or any other Act shall be interpreted broadly so
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 9 of the Municipal Act, 2001, as amended, grants
municipalities the capacity, rights, power and privileges of a natural person for the
purpose of exercising its authority under the Act;
AND WHEREAS under Section 11 of the Municipal Act, 2001, as amended, a
lower tier municipality may pass by-laws respecting matters within the sphere of
jurisdiction set out therein;
AND WHEREAS it is deemed expedient to regulate the use of the municipal water
system to water lawns, gardens and for other external uses; to ensure there is an
adequate water supply to operate the water system at all times, including peak
demand times;
AND WHEREAS it is deemed prudent to promote and encourage water
conservation practices for the overall economic, social and environmental well-
being of the municipality;
NOW THEREFORE, the Council of the Corporation of the Town of Wasaga Beach
HEREBY ENACTS as follows:
1. Short Title
This By-Law shall be known as the "Water Use By-Law".
2. Definitions
2.1
"Town" shall mean the Corporation of the Town of Wasaga Beach.
2.2
"Calendar Day" shall be construed to mean one day commencing at 00:00
hours and ending at 23:59:59 hours, local time.
Page 2 of By-Law No. 2014-47
2.3
"Director" shall mean the Director of Public Works for the Corporation of
the Town of Wasaga Beach or his/her designate.
2.4
"External Use" For the purposes of this By-Law, the term "external use"
shall be broadly defined as the discharge of water referred to in Section 3,
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.
2.5
"Permitted Water Use Hours" shall mean 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 set out in Section 3.
2.6
"Chief Administrative Officer (C.A.O.)" shall mean the person appointed
by Municipal Council of the Corporation of the Town of Wasaga Beach as
the Chief Administrative Officer, or his/her designate, and also known as the
C.A.O.
2.7
"Clerk" shall mean the Clerk of the Corporation of the Town of Wasaga
Beach or his/her designate.
2.8
"Officer" shall include a Police Officer and a Municipal Law Enforcement
Officer of the Town of Wasaga Beach that is appointed under the authority
of the Police Services Act.
2.9
"Water Works Utility" shall mean any works for the collection, production,
treatment, storage, supply or distribution of water, or any part of any such
works.
2.10 "Designated Staff" shall mean any person designated by the Municipality
to administer or enforce the provisions of this By-Law.
2.11 "Waterworks Employee" shall mean any person who is employed by the
Town, whose main job assignment is pertaining to the delivery or
maintenance of the water works utility.
2.12 "Community Emergency Management Coordinator" shall mean the
person or persons, that are designated or authorized to act on behalf of the
Town concerning Emergency issues, and for purposes of clarity; may be
several individuals.
Page 3 of By-Law No. 2014-47
2.13 "Senior Municipal Law Enforcement Officer" shall mean the person
appointed by the Town to act as the Senior Officer of the Municipal Law
Enforcement and Licensing Department.
2.14 "Residential Use" shall mean use of water in relation to a property zoned
as residential under the current Zoning By-law for the Town.
2.15 "Commercial Use" shall mean use of water for enhancement of lawns,
gardens, landscaped areas, or other uses that benefit the overall
appearance of the property that is viewable by the public at large of the
public themselves.
2.16 "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.
2.17 "Prohibited Watering" shall mean the act of permitting the release of water
for external use at a time that is not a water-use hour(s) nor has it been
exempted under this By-Law.
3. General Restrictions
3.1
Except where a specific or general exemption has been granted pursuant to
Section 4, below, 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 water from the Town 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 15th day of April, each year and the 15th day of
October, of the same year, save and except as hereinafter provided;
3.1.1 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, 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.
Page 4 of By-Law No. 2014-47
3.1.2 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, 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 odd-
numbered calendar days during permitted water use hours only.
3.2
No person, who being an owner, tenant, occupant, inmate, servant, agent or
employee, or any other person, without municipal approval, shall:
3.2.1 hinder or interrupt, or cause or procure to be hindered or interrupt the
Town, 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;
3.2.2 let off or discharge water so that the water runs waste, or useless;
3.2.3 improperly waste the water, 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,
3.2.4 open or close any hydrant, or obstruct the free access to any hydrant,
stopcock, chamber, pipe or hydrant- chamber, by placing on or near
it, any building material, rubbish, or any other obstruction;
3.2.5 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
damage, or injury to the works, pipes, or water, or encourage the
same to be done;
3.2.6 alter any meter placed upon any service pipe or connected therewith,
within or without any building or other place, so as to lessen or later
the amount of water registered;
3.2.7 lay or cause to be laid any pipe or main to communicate with any
pipe or main of the water works, or in any way obtain or use the water
without the consent of the Director.
3.3
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's water supply system for its operation, without the express
permission to the Director, in writing.
Page 5 of By-Law No. 2014-47
3.4
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 Wasaga Beach 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 laws, gardens, grass, plots,
boulevards or grounds of any description or for any other external use
during the period of prohibition (prohibited period).
4. Exemptions
4.1
The Chief Administrative Officer, Director, Clerk, or Senior Municipal Law
Enforcement Officer, of the Corporation of the Town of Wasaga Beach or
designates, upon application, may exempt such persons or businesses from
any provisions of this by-law for such times and manner as deemed
necessary.
5. Prohibition
5.1
The Chief Administrative Officer of the Town or the Director or Clerk, may
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, or to prevent/limit its use for any benefit of the Town,
declare a prohibition of the use of water from the said system for all external
water usage or any other usage; under such terms and conditions as are
declared.
6. Power of Entry
6.1
The Director, Senior Municipal Law Enforcement Officer, Officers,
Waterworks Employees or other Designated employees, may enter on to
any property at any reasonable time, given the circumstances, and upon
producing proper identification; to inspect for compliance with this By-Law.
6.2
Where such inspection determines that a violation of this By-Law is
occurring, they may take such steps to gain immediate compliance with the
By-Law. These steps may include ordering the owner or other apparent
person-in-charge, to discontinue the activity or, where such persons cannot
be easily or readily contacted at that premises, take such actions as are
required to stop the offence.
6.3
Such authorities granted under 6.1 and 6.2 do not include those portions of
a property that are actually used as a dwelling, without first obtaining a
search warrant pursuant to the Provincial Offences Act.
Page 6 of By-Law No. 2014-47
7. Presumptive Clause
7.1
Where a violation under this By-Law is detected in respect to a municipally
addressed property, the owner and/or tenant of such property; in absence of
reasonably demonstrative evidence to the contrary, shall be deemed to
have been a party to the offence, and is responsible for allowing the offence
to have occurred or permitted it to continue.
8. Orders
8.1
Municipal Work Orders
"Pursuant to Sections 444 and 445 of the Municipal Act R.S.O. 2001
as amended, that the Director or an Enforcement Officer may order a
contravening activity to cease and, additionally may issue a Municipal Order
to comply with any section of this by-law that is brought to their attention."
8.2
Offence- Orders/Provisions
"Any person who fails to comply with a Municipal Order/Direction to
cease contravention, or causes any other person to fail to comply with this
Order, is guilty of an offence and is subject to such fines and penalties
authorized pursuant to the Municipal Act, 2001 S.O. 2001, c.25, as
amended."
8.3
Orders- Remedial Actions
Where an Order under 8.1 is not complied with or partially complied with,
the Municipality may exercise its authority to take remedial actions under
Section 446 the Municipal Act and add all such costs to the tax roll for that
property.
9. Offences
9.1
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.
10. System of Offences
10.1 For the purpose of establishing a system of fines, as set out in Subsection
429 (2) of the Municipal Act, the following applies:
Page 7 of By-Law No. 2014-47
10.1.1 where the offence of prohibited watering occurs on a property and is:
10.1.1.1
uninterrupted, and
10.1.1.2
from one device or appliance, and
10.1.1.3
at one fixed location, and
10.1.1.4
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.
10.1.2 where the offence of prohibited watering occurs on a property and is;
10.1.2.1
interrupted or intermittent during the period, or
10.1.2.2
emanates from multiple fixtures or devices, or
10.1.2.3
occurs at multiple locations on the property, or
10.1.2.4
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.
10.1.3 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 $1000.00 per conviction as minimum fine additions to other
penalties available.
10.1.4 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.
11. Severability
11.1 Any provision or section of this by-law that is struck down or declared ultra
vires by a court of competent jurisdiction, is severed from the by-law and the
remaining provisions continue to be in force and effect and continue to be
binding.
Page 8 of By-Law No. 2014-47
12. Transition Provisions
12.1 That upon the final date of the passing of this by-law it shall be in affect and,
that By-law 2002-25 is rescinded to the extent, that any future offences,
from the date of final passing of this by-law shall be subject to this new by-
law, however, the former by-law shall remain in effect for any offences that
occurred prior to enactment of this by-law. For purposes of clarity, that
where either by-law may also apply, the by-law that is more restrictive, and
to the benefit of the municipality, shall apply.
13.
Previous By-Laws Repealed
13.1 THAT By-Law No. 2002-25 be repealed and where the provisions of any
other by-law, resolution or action of Council are inconsistent with the
provisions of this by-law, the provision of this by-law shall prevail.
14.
Effective Date
14.1 THAT this By-Law shall come into force and take effect on the date of its
final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 13th
DAY OF MAY, 2014.
_______________________________
Cal Patterson, Mayor
_______________________________
Twyla Nicholson, Clerk