HomeMy WebLinkAbout06 132 Outdoor Water Use
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2006 - 132
BEING A BY-LAW TO IMPOSE CONTROLS UPON THE OUTDOOR USE
OF WATER FOR PROPERTIES SERVICED BY THE MUNICIPALITY OF
KINCARDINE WATER WORKS SYSTEM
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WHEREAS The Corporation of the Municipality of Kincardine has
constructed and now operates and maintains a water works distribution
system in the Municipality of Kincardine (former Towns of Kincardine,
Tiverton, Underwood and Scott Point) and services certain urban
developments in the Township of Huron-Kinloss;
AND WHEREAS Section 2 of the Municipal Act, 2001, S.D. 2001, c. 25,
as amended, gives each municipality the power and duty to manage and
preserve the public assets of the municipality;
AND WHEREAS pursuant to the said Municipal Act, Section 11 (2)
authorizes municipalities to pass by-laws respecting matters within the
sphere of jurisdiction of public utilities which includes water distribution;
AND WHEREAS pursuant to the said Municipal Act, Subsection 9 (3)
provides that a by:-Iaw under Section 11 respecting a matter may regulate
or prohibit respecting the matter;
AND WHEREAS the Municipality of Kincardine has deemed it expedient
to impose controls upon the outdoor use of water for properties serviced
by the Municipality of Kincardine water works distribution system;
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NOW THEREFORE the Council of The Municipality of Kincardine ENACTS
as follows:
1.0 Definitions
1.1 In this By-law:
(a) "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;
(b) "Manager" means the Municipality's Public Works
Manager or his or her designate;
(c) "owner" means the occupant or the owner of the
premises or their agent;
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(d) "person" includes, but is not limited to, an individual,
sole proprietorship, partnership, association or
corporation;
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By -law No. 2006 - 132
Water Control By -law
(e) "Municipality" means the Municipality of Kincardine;
(f) "water" except as otherwise defined in this By -law,
means water produced, treated or stored by the
Municipality and obtained through a metered or non -
metered water distribution system;
(g) "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.
2.0 Stage 1 Restrictions on Water Use
2.1 The Stage 1 restrictions set out in Sections (2), (3) and (4) of
this Article shall be in effect in all geographic areas of The
Municipality of Kincardine, and those urban developments in
• the Township of Huron - Kinloss serviced by the Kincardine
water works distribution system, at all times from May 15th to
September 30th of each year.
2.2 On any premises or on the road allowance immediately
adjacent to and within the extension of property lines of
premises, no owner shall permit any person to irrigate with a
watering device and no person shall irrigate with a watering
device any lawn, garden, tree, shrub, or other outdoor plant
except on the applicable days provided below and except
between the hours of 6:00 a.m. and 9:00 a.m. and between
the hours of 6:00 p.m. and 9:00 p.m. on the applicable days:
a) For all premises with even street numbers, on even -
numbered calendar days;
b) For all premises with odd street numbers on odd -
numbered calendar days.
• 2.3 The restrictions with respect to irrigating with a watering device
in Section (2) of this Article do not apply to:
a) Newly planted sod or grass seed forming part of a lawn
or newly planted lawn alternative while being installed
and during the 24 hours following the completion of the
installation;
b) Lawns treated with any pesticide, herbicide or fertilizer
that require irrigation while being treated and during the
24 hours following the treatment.
2.4 The restrictions with respect to irrigating with a watering
device in Section (2) do not apply to premises used for retail
and wholesale nurseries or bowling greens if the permission
of the Manager has first been sought and obtained with
respect to the irrigating with a watering device outside of the
• allowed times and days.
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Water Control By-law
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3.0 Stage 2 Water Supply Emergency Restrictions
3.1 The Stage 2 water supply restrictions set out in Sections (2),
(3) and (4) of this Article shall be in effect and shall cease to
be in effect for The Municipality of Kincardine, and those urban
developments in the Township of Huron-Kinloss serviced by
the Kincardine water works distribution system, when the
service capacity of any water production well or any water
storage tower is reduced or compromised as determined by
the Manager. Notwithstanding Section 5 of this Article, the
Manager's determination shall have immediate effect.
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3.2 At all times when Stage 2 water supply restrictions are in
effect, no owner shall do or permit the activities listed in
Section (3) of this Article, except on the applicable days
provided herein and except between the hours of 6:00 a.m.
and 9:00 a.m. and between the hours of 6:00 p.m. and 9:00
p.m. on the applicable days. that is:
a} For all premises with even street numbers on even-
numbered calendar days;
b} For all premises with odd street numbers on odd-
numbered calendar days.
3.3 For purposes of Section (2) of this Article, no owner shall carry
out, engage in, or permit:
a} Cleaning with a watering device a vehicle parked on
residential premises or on a road allowance immediately
adjacent to and within the extension of the boundary lines
of residential premises;
b) Cleaning with water the exterior of a building or
attachments thereto, a driveway or a walkway;
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c} Irrigating with water a driveway, walkway or roadway;
d} Operation of a decorative fountain unless all water used is
continuously recycled;
e} Cleaning with water or filling with water any decorative
fountain or any residential swimming pool, hot tub or
garden pond;
f} Wasting water when using it outdoors.
3.4 No owner shall irrigate with water during a rainfall or permit
any person to irrigate with water during a rainfall.
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By-law No. 2006 - 132
Water Control By-law
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3.S The Manager shall give notice of his or her determination
under Section (1) to the public by anyone 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} livery 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.
4.0 Stage 3 Water Supply Prohibitions
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4.1 The Stage 3 water supply prohibitions set out in Section (2) of
this Article shall be in effect and shall cease to be in effect for
The Municipality of Kincardine, and those urban developments
in the Township of Huron-Kinloss serviced by the Kincardine
water works distribution system, when the service capability of
any water production well or any water storage tower has
declined to the point where the continued supply of sufficient
water for the basic needs of the public is in jeopardy as
determined by the Manager. Notwithstanding Section 3 of this
Article, the Manager's determination shall have immediate
effect.
4.2 At all times when Stage 3 water supply restrictions are in
effect:
a} No owner shall permit any person to irrigate with water and
no person shall irrigate with water any lawn, including
newly planted sod or grass seed forming part of a lawn and
newly planted lawn alternative, and lawns treated with any
pesticide, herbicide or fertilizer.
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b} No owner shall permit any person to irrigate with water and
no person shall irrigate with water any garden, tree, shrub
or other outdoor plant.
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c) No person shall permit any person to clean with water and
no person shall clean with water the exterior of a building
or attachments thereto, driveway or a walkway.
d} 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 the boundary lines
of residential premises.
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By-law No. 2006 - 132
Water Control By-law
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e} No person shall permit and no person shall:
Operate a decorative fountain unless all water
used is continuously recycled, or fill a
decorative fountain;
ii Clean with water or fill with water any decorative
fountain or any residential swimming pool, hot
tub, or garden pond; and
iii Waste water when using it outdoors.
4.3 The Manager shall give notice of his or her determination
under Section (1) of this Article to the public by anyone or
more of the following means:
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b)
c}
d)
a) Publication of notice in a local newspaper or
newspapers;
Announcements giving notice on radio or television;
Delivery of notice to affected premises, or
Any other means of giving notice that has a reasonable
likelihood of coming to the attention of persons who are
affected .
5.0 Penalty
5.1 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 $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.
6.0 Administration and Enforcement
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6.1 The Manager is responsible for the administration of this By-
law and may provide exceptions to the By-law as he or she
deems appropriate.
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6.2 This By-law may be enforced by a Municipal By-law
Enforcement Officer or a Provincial Offences Officer.
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6.3 In the event that water is being used on or from a premise
contrary to the provisions of this By-law, the Municipality may
shut off the supply of water to the premises upon giving verbal
or other notice to any reasonably available person occupying
the premises, or without notice if no one is~e~~on~bly
available.to give notice to. When the owner agrees It¡¡"_ to
comply ft.Iy with the provisions of this By-law, the water supply
to the premises shall be restored by the Municipality provided
that the charge established by the Council of the Municipality
from time to time for turning the supply of water back on is
paid by the owner, and failing payment in whole or in part the
Municipality may transfer the amount remaining unpaid to the
Collector's Roll and collect the amount in the same manner as
taxes and subject to the same interest and penalties as for
taxes.
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6.4 If any section or sections of this By-law or parts of it are found
by any court to be unlawful 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.
7.0 Reference
7.1 This by-law may be cited as the 'Water Control By-law".
READ a FIRST, SECOND and THIRD TIME and FINALLY PASSED
this 2nd day of August, 2006.
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Mayor
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Clerk
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