Protection of Public Water Supplies From Chemical Residue Bylaw 2-08

Rural Municipality of Pleasant Valley No. 288, Saskatchewan

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BYLAW NO. 2-08 A BYLAW OF THE RURAL MUNICIPALITY OF PLEASANT VALLEY NO. 288 TO PROVIDE FOR THE PROTECTION OF PUBLIC WATER SUPPLIES FROM CHEMICAL RESIDUE The Council of the R.M. of Pleasant Valley No. 288 in the Province of Saskatchewan enacts as follows: Definitions 1. In this Bylaw: a) "Designated Officer" shall mean the Foreman or the Reeve or any Councillor of the Municipality. b) "Municipality" means the Rural Municipality of Pleasant Valley No. 288. c) "Council" shall mean the Council of the Rural Municipality of Pleasant Valley No. 288. 2. No person shall fill any chemical spray apparatus or have any chemical or chemical equipment at or near the following public water sources: a. D'Arcy Well - N ½ of NW Section 9-29-18-W3rd. b. Fiske Well - Lot 8-9 Block 2 in the Hamlet of Fiske. c. John Smith Well - Lot 15-16 Block 2 in the Hamlet of Fiske. d. MacDonald Well - SW ¼ 30-30-16-W3. e. Anglia Well - SE ¼ 16-30-16-W3 in the Hamlet of Anglia. f. Curling Rink Well - Lot 1 Block 2 in the Hamlet of Fiske. 3. Any person found guilty of an infraction of any of the provisions of this bylaw shall be liable to the penalties provided in the General Penalty Bylaw. 4. A Designated Officer who has reason to believe that a person has contravened any provision of this Bylaw may serve on that person a Notice of Violation, which Notice of Violation shall indicate that the Municipality will accept voluntary payment in the sum of Two Hundred and Fifty Dollars ($250.00) to be paid to the Municipality within 30 days. 5. Where the Designated Officer believes that a person has contravened any provision of this Bylaw, he may serve upon such person a Bylaw Violation Notice as provided by this section either personally, by mailing, by faxing or leaving same at his last known address and such service shall be adequate for the purpose of this Bylaw. 6. Such notice shall be deemed to have been served: a) on the expiration of twenty-four hours after it is posted, if the notice is mailed; b) on the day of actual delivery, if the notice is served personally; or c) on the business day following the transmission, if given by facsimile. 7. A Bylaw Violation Notice shall be in such form as determined in Schedule A and shall state the section of the Bylaw, which was contravened, and the amount, which is provided in Schedule A that will be accepted by the Municipality in lieu of prosecution. 8. Upon production of a Bylaw Violation Notice issued pursuant to this section within Thirty (30) days from this issue thereof, together with the payment of the fee as provided in Schedule A to the Administrator of the Municipality, the person to whom the ticket was issued shall not be liable for prosecution for the contravention in respect of which the ticket was issued. 9. Where any person contravenes the same provision of this Bylaw two or more times within one twelve month period, the specified payment payable in respect of the second or subsequent contravention is double the amount shown in Schedule A of this Bylaw in respect of that provision. 10. Notwithstanding the provisions of this section, a person to whom a Bylaw Violation Notice has been issued pursuant to this section may exercise his right to defend any charge of committing a contravention of any of the provisions of this Bylaw. 11. Bylaw No. 23-80 is hereby repealed. Reeve [SEAL] Administrator Read a third time and adopted this 1Oth day of October, 2008. _________________________ Administrator Schedule A BYLAW VIOLATION NOTICE Reference No.________ R.M. of Pleasant Valley No. 288 Bylaw Violation Notice Name Address This official notice is issued for alleged breach of the following bylaw: Bylaw No. Section #: Offence: Voluntary Payment: DETAILS OF ALLEGED BREACH OF VIOLATION: Date & Time of Violation Location of Violation Other Particulars - Description of Vehicle, Plate Number, etc. PENALTY: Take notice that you may remit a voluntary payment to the Municipality in the amount stipulated above to avoid prosecution of this offence. Payment may be made in person at the municipal office or by mail to Box 2080 Rosetown, Sask. S0L 2V0. If the voluntary payment indicted above is not received by ___________, 20___, a summons requiring your appearance in provincial court will be issued. Issued this _______ day of ___________, 2008 by ______________________. ______________________________ Signature of Designated Official