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BY-LAW NUMBER 07-069
OF
THE REGIONAL MUNICIPALITY OF WATERLOO
A By-law Respecting the Conservation of Water
WHEREAS section 11 of the Municipal Act, 2001, S.O. 2001, c. 25 gives The Regional
Municipality of Waterloo the power to pass by-laws respecting water production,
treatment and storage;
AND WHERAS section 8(3) of the Municipal Act 2001, S.O. 2001, c. 25 gives The
Regional Municipality of Waterloo the power to regulate or prohibit activities respecting
its jurisdiction over water production, treatment and storage;
NOW THEREFORE, the Council of The Regional Municipality of Waterloo hereby enacts
as follows:
PART I - Definitions
1.
In this By-law:
(a)
"Commissioner" means the Region's Commissioner of Transportation
and Environmental Services or his or her designate and any
successor position thereto;
(b)
"Council" means the Council of The Regional Municipality of Waterloo;
(c)
"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;
(d)
"OLWR" means Ontario Low Water Response;
(e)
"owner" means the occupant or the owner of premises or their agent;
(f)
"person" includes, but is not limited to, an individual, sole
proprietorship, partnership, association or corporation;
(g)
"Region" means The Regional Municipality of Waterloo;
(h)
"sports field" means an outdoor grassy area used for multi-participant
sporting events and practices;
(i)
"water", except as otherwise defined in this By-law, means water
produced, treated or stored by the Region and obtained through a
metered water distribution system;
(j)
"water for essential uses" includes, but is not limited to, any water,
whether or not produced, treated or stored by the Region and
obtained through a metered water distribution system, for drinking and
sanitation, health care, public institutions and public protection and
safety (e.g. wastewater treatment, fire protection and schools) and
basic ecological functions; and
(k)
"watering device" includes, but is not limited to, a hose bib, hose, 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.
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PART II - Conservation Measures
2.
The water conservation measures as set out in this Part shall come into effect
on the 31st day of May each year and shall cease to be in effect on the 30th
day of September each year.
3.
No owner shall permit any person to irrigate with a watering device and no
person shall irrigate with a watering device any outdoor grass, turf or lawn
except between the hours of 5:30 a.m. and 10:00 a.m. and between the hours
of 7:00 p.m. and 11:00 p.m., provided that the outdoor grass, turf or lawn is
located on premises or on the road allowance immediately adjacent to and
within the extension of property lines of premises with municipal addresses
ending in the numbers:
(a)
0 or 1 may be irrigated within the designated times only on Mondays;
(b)
2 or 3 may be irrigated within the designated times only on Tuesdays;
(c)
4 or 5 may be irrigated within the designated times only on
Wednesdays;
(d)
6 or 7 may be irrigated within the designated times only on Thursdays;
(e)
8 or 9 may be irrigated within the designated times only on Fridays.
4.
No owner shall permit any person to irrigate with a watering device and no
person shall irrigate with a watering device any outdoor plant, flower, tree,
shrub or garden except:
(a)
between the hours of 5:30 a.m. and 10:00 a.m. and between the hours
of 7:00 p.m. and 11:00 p.m. on even numbered calendar days if the
outdoor plant, flower, tree, shrub or garden is located on premises or
on the road allowance immediately adjacent to and within the
extension of property lines of premises with a municipal address
ending in an even number; or
(b)
between the hours of 5:30 a.m. and 10:00 a.m. and between the hours
of 7:00 p.m. and 11:00 p.m. on odd numbered calendar days if the
outdoor plant, flower, tree, shrub or garden is located on premises or
on the road allowance immediately adjacent to and within the
extension of property lines of premises with a municipal address
ending in an odd number.
5.
Notwithstanding section 3 of this By-law, irrigation with a watering device is
permitted for the following:
(a)
newly planted sod or grass or seed forming part of a lawn:
(i)
at any time during the twenty-four (24) hours immediately after
planting or seeding; and
(ii)
immediately thereafter, on each of the six (6) consecutive calendar
days between the hours of 5:30 a.m. and 10:00 a.m. and between
the hours of 7:00 p.m. and 11:00 p.m.; and
(iii)
(A)
immediately thereafter, during the further seven (7)
consecutive calendar day period, between the hours of
5:30 a.m. and 10:00 a.m. and between the hours of 7:00
p.m. and 11:00 p.m. on even numbered calendar days if
the newly planted sod or grass or seed forming part of a
lawn is located on premises or on the road allowance
immediately adjacent to and within the extension of
property lines of premises with a municipal address ending
in an even number; or
(B)
immediately thereafter, during the further seven (7)
consecutive calendar day period, between the hours of
5:30 a.m. and 10:00 a.m. and between the hours of 7:00
p.m. and 11:00 p.m. on odd numbered calendar days if the
newly planted sod or grass or seed forming part of a lawn
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is located on premises
or
on
the
road
allowance
immediately adjacent to and within the extension of
property lines of premises with a municipal address ending
in an odd number;
provided a sign, in the form as prescribed in Schedule "A" attached to
this By-law, is posted at the entrance to the property in a location
visible to all persons that sets out the date when the planting or
seeding occurred.
(b)
outdoor grass, turf or lawn treated with any pesticide, herbicide or
fertilizer that require irrigation while being treated and during the
twenty-four (24) hours immediately following the treatment.
6.
Notwithstanding sections 3 and 4 of this By-law, irrigation with a watering
device is not prohibited or restricted when necessary for retail and wholesale
nurseries, bowling greens or golf courses to continue to operate.
7.
No owner shall permit any person to clean with water and no person shall
clean with water the exterior of a building, a driveway or a walkway.
8.
No owner shall permit any person to clean with a watering device and no
person shall clean with a watering device any vehicle parked on residential
premises or on the road allowance immediately adjacent to and within the
extension of property lines of residential premises except:
(a)
between the hours of 5:30 a.m. and 10:00 a.m. and between the hours
of 7:00 p.m. and 11:00 p.m. on even numbered calendar days if the
vehicle is parked on residential premises or on the road allowance
immediately adjacent to and within the extension of property lines of
residential premises with a municipal address ending in an even
number; or
(b)
between the hours of 5:30 a.m. and 10:00 a.m. and between the hours
of 7:00 p.m. and 11:00 p.m. on odd numbered calendar days if the
vehicle is parked on residential premises or on the road allowance
immediately adjacent to and within the extension of property lines of
residential premises with a municipal address ending in an odd
number.
9.
No owner shall permit any person to top-up with a watering device and no
person shall top-up with a watering device any permanent swimming pool on
residential premises except:
(a)
between the hours of 5:30 a.m. and 10:00 a.m. and between the
hours of 7:00 p.m. and 11:00 p.m. on even numbered calendar
days if the permanent swimming pool is located on residential
premises with a municipal address ending in an even number; or
(b)
between the hours of 5:30 a.m. and 10:00 a.m. and between the
hours of 7:00 p.m. and 11:00 p.m. on odd numbered calendar
days if the permanent swimming pool is located on residential
premises with a municipal address ending in an odd number.
10.
No owner shall permit and no person shall:
(a) irrigate with water during a rainfall;
(b) irrigate with water a driveway, walkway or roadway;
(c) operate a decorative fountain without recycling any water used; or
(d)
waste water when using it outdoors.
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PART III - Emergency Provisions
11.
The water supply emergency water-use restrictions as set out in this Part
shall be in effect or shall cease to be in effect for any one or more of the
Region's urban or settlement water systems as listed in Schedule "B"
attached to this By-law as determined by the Commissioner.
12.
When making his or her determination that the emergency provisions in this
Part are in effect or are no longer in effect, the Commissioner shall have
regard to the existence or likelihood of any one or more of the following:
(a)
an OLWR Level III condition;
(b)
a water storage capacity of less than 60% for urban water systems
only; or
(c)
pumping at greater than 90% capacity for settlement water systems
only.
13.
The Commissioner shall give notice of his or her determination under section
11 to the public by declaring his or her determination by any one or more of
the following means:
(a)
publication of notice in a local newspaper or newspapers;
(b)
announcements giving notice on radio or television;
(c)
delivery of notice to affected premises; or
(d)
any other means of giving notice that has a reasonable likelihood of
coming to the attention of persons who are affected.
14.
No owner shall permit any person to irrigate with water and no person shall
irrigate with water any sports fields with a watering device except between the
hours of 5:30 a.m. and 10:00 a.m. and between the hours of 7:00 p.m. and
11:00 p.m. provided that sports fields located on premises with municipal
addresses ending in the numbers:
(a)
0 or 1 may be irrigated within the designated times only on Mondays;
(b)
2 or 3 may be irrigated within the designated times only on Tuesdays;
(c)
4 or 5 may be irrigated within the designated times only on
Wednesdays;
(d)
6 or 7 may be irrigated within the designated times only on Thursdays;
(e)
8 or 9 may be irrigated within the designated times only on Fridays.
15.
No owner shall permit any person to irrigate with water and no person shall
irrigate with water any outdoor grass, turf or lawn, including newly-planted sod
or grass seed forming part of a lawn, newly-planted lawn alternative and
lawns treated with any pesticide, herbicide or fertilizer.
16.
No owner shall permit any person to irrigate with water and no person shall
irrigate with water any outdoor garden, tree, shrub or other outdoor plant
except with a hand-watering device.
17.
Notwithstanding sections 15 and 16 of this By-law, irrigation with a watering
device is not prohibited or restricted when necessary for retail and wholesale
nurseries, bowling greens or golf courses to continue to operate, provided
that no owner shall permit any person to irrigate with water and no person
shall irrigate with water any part of a golf course other than the teeing
grounds and the putting greens.
18.
No owner shall permit any person to clean with water and no person shall
clean with water the exterior of a building, a driveway or a walkway.
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19.
No owner shall permit any person to clean with water and no person shall
clean with water a vehicle parked on residential premises or on the road
allowance immediately adjacent to and within the extension of property lines
of residential premises.
20.
No owner shall permit and no person shall:
(a)
irrigate with water during a rainfall;
(b)
irrigate with water a driveway, walkway or roadway;
(c)
operate a decorative fountain without recycling any water used;
(d)
clean with water any decorative fountain or any residential swimming
pools, hot tubs or garden ponds; or
(e)
waste water when using it outdoors.
21.
No owner shall permit any person to fill with water and no person shall fill with
water any decorative fountain or any residential swimming pools, hot tubs or
garden ponds.
PART IV - Permit
22.
(a) Any person who is the registered owner of a property may apply to the
Commissioner for a Permit and the Commissioner may grant a Permit to
change the permitted day under section 3 of this By-law on which the
registered owner or any other person may irrigate any outdoor grass, turf
or lawn on the property with a watering device.
(b) Applications for a Permit under subsection (a) of this section shall be in a
form as prescribed by the Commissioner and shall be submitted to the
Commissioner, in full, along with a fee as prescribed by by-law of Council.
(c) When granting a Permit under subsection (a) of this section, the
Commissioner shall change the day to either a Monday, Tuesday,
Wednesday, Thursday or Friday but the Commissioner, shall ensure that
no more than a net of three hundred additional properties are permitted to
irrigate any outdoor grass, turf or lawn with a watering device on each of
Monday, Tuesday, Wednesday, Thursday or Friday.
(d) Each Permit granted under subsection (a) of this section shall expire on
September 30th of the calendar year in which the Permit was granted.
(e) Each person who is granted a Permit under subsection (a) of this section
shall post the Permit at an entrance to the property for which the Permit is
granted in a location visible to all persons. For the purposes of this
subsection, a location may include any window or doorway near an
entrance to the property and the Permit shall be posted for so long as the
Permit is in effect.
(f) Where a Permit is in effect pursuant to this section, the owner of the
property for which the Permit has been granted shall not permit any
person to irrigate with a watering device, and no person shall irrigate with
a watering device, any outdoor grass, turf or lawn on the property or on
the road allowance immediately adjacent to and within the extension of
property lines of the property, except between the hours of 5:30 a.m. and
10:00 a.m. and between the hours of 7:00 p.m. and 11:00 p.m. on the day
of the week stipulated in the Permit.
PART V - Regional Emergency Plan
23.
When the Commissioner is satisfied that the availability of water for essential
uses may not be ensured by the provisions in Part II or Part III of this By-law,
he or she may recommend that the Region's Chief Administrative Officer
implement the Regional Emergency Plan to ensure the availability of water for
essential uses.
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PART VI - Penalty
24.
Every person who contravenes a provision of this By-law is guilty of an
offence and upon conviction is liable to a fine not exceeding five thousand
dollars ($5,000.00) exclusive of costs, for each offence, recoverable under the
provisions of the Provincial Offences Act, R.S.O. 1990, c. P.33.
PART VII - Administration and Enforcement
25.
The Commissioner is responsible for the administration of this By-law.
26.
This By-law may be enforced by a municipal law enforcement officer or a
police officer.
27.
If any section or sections of this By-law or parts of it are found by any Court to
be illegal or beyond the power of Council to enact, such section or sections or
parts of it shall be deemed to be severable and all other sections or parts of
this By-law shall be deemed to be separate and independent and shall
continue in full force.
28.
This By-law may be cited as the "Water Conservation By-law".
29.
This By-law comes into force on the 1st day of January 2008.
30.
By-law 03-025 of The Regional Municipality of Waterloo, A By-law Respecting
the Outdoor Use of Water and to Amend By-laws 33-90 and 38-92, as
amended, with the exception of Section 30, shall be repealed effective on the
coming into force of this By-law.
31.
Despite Section 30, By-law 03-025 of The Regional Municipality of Waterloo,
A By-law Respecting the Outdoor Use of Water and to Amend By-laws 33-90
and 38-92, as amended, shall continue to apply to proceedings in respect
offences that occurred before its repeal.
By-law read a first, second and third time and finally passed in the Council Chamber in
The Regional Municipality of Waterloo this 12th day of December, 2007.
____________________________
__________________________
REGIONAL CLERK
REGIONAL CHAIR
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SCHEDULE "A"
PRESCRIBED SIGN
Minimum of 15 cm
SIGN POSTED
PURSUANT TO
THE REGIONAL
WATER
CONSERVATION
BY-LAW
THE SOD OR GRASS SEED ON THIS
PROPERTY WAS PLANTED ON
_______________________, 20__
(Day, Month) (Year)
Minimum 20 cm
Lettering
must be a
minimum
of .5 cm
1. Each sign to be made of water resistant material.
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SCHEDULE "B"
THE REGIONAL MUNICIPALITY OF WATERLOO SETTLEMENT WATER
SYSTEMS
Integrated Urban Water System
Kitchener
Waterloo
Cambridge
Elmira
St. Jacobs
Breslau
Lloyd Brown (Orr's Lake)
Mannheim - Victoriaburg (Shingletown)
Settlement Systems
Ayr
Branchton Meadows
Roseville
Heidelberg - Hahn
Linwood
St. Clements
Wellesley
Baden
New Dundee
New Hamburg
St. Agatha
St. Agatha - (Sararas)
St. Agatha - (Swarzentruber)
Foxboro Green
Conestoga Golf Course
Conestoga Plains
Heidelberg - Huehn
Maryhill
Maryhill - Village Heights
West Montrose - Montrose Heights