Town bylaw 834: Bylaw No. 834, 2010 Water Use Restrictions

TOWN OF PRINCETON

BYLAW NO. 834, 2010

WATER USE RESTRICTIONS

THEREFORE BE IT RESOLVED that the Council of The Town of Princeton in open meeting assembled, enacts as follows:

PURPOSE

The purpose of this Bylaw is to assist in the protection, preservation and maintenance of the water supply to users at all times by implementing water -use restrictions during times of limited supply. These restrictions are staged in accordance with the severity of supply limitations, and are generally applied to the use of sprinkler systems, whether automatic or manual. The use of hand-held watering devices with shut-off valves is restricted only during the most severe of supply conditions.

PART 1: TITLE

1) This Bylaw may be known and cited for all purposes as “Water Use Restrictions Bylaw

No. 834, 2010”.

PART 2: DEFINTIONS

2) In this Bylaw unless the context otherwise requires:

a) "appliance" means a device or mechanism, other than that owned and operated by the Municipality, in or through which water is piped or used for a domestic or commercial purpose; b) "boulevard" means that portion of any highway other than the paved, improved or main travelled roadway, driveway or sidewalk, and includes any landscaped median; c) "Bylaw Enforcement O fficer" means a person or persons appointed by Council to enforce this Bylaw; d) "Council" means the Council of the Town of Princeton; e) "Public Works Manager" means the person appointed as such from time to time by the Town of Princeton, and any person delegated to assist in carrying out his/her duties under this by-law; f) "Town " means the Town of Princeton; g) "Municipality" means the Town of Princeton; h) " newspaper" has the same meaning as in the Community Charter; i) " notice" means a notice given under section 8 of this Bylaw; j) "occupier" has the same meaning as in the Community Charter; k) " owner" has the same meaning as in the Community Charter; P:\Bylaws\3. Bylaws\Bylaw 834, 2010 Water Use Restrictions.docx Page 2

l) "permit" means a permit issued under Schedule “B” of this Bylaw; m) "public sector entity" means federal and provincial government agencies, municipalities, universities, colleges and other schools; n) "restricted hours" means those hours during which watering is permitted by Schedule 'A' of this Bylaw; o) "sprinkler" means a spr inkler system or a hose connected to a sprinkler, but excludes a hand operated hose equipped with a shut-off nozzle; p) "stage" means the stages 1, 2, 3 and 4 of water use restrictions prescribed by Schedule "A" of this Bylaw; q) “vehicle" means a device, except a boat or a seaplane, in, on or by which a person or thing is or may be transported or drawn, except a device designed to be moved by human power; r) "water" means water supplied by the Town directly or indirectly to an owner or occupier; s) "water use restrictions" means the restrictions prescribed by Schedule "A" of this Bylaw; t) "watering days" means those days during which watering is permitted by Schedule "A" of this Bylaw.

PART 3: PROHIBITION

3) No person, being an owner or occu pier of property in the Municipality, shall use water or

cause water to be used contrary to the provisions of this Bylaw in effect at the time of use.

4) No person shall waste water by using more water than is required to provide a service,

produce a product or complete a task, incl uding but not limited to, allowing a tap or hose to run water unnecessarily or over-watering plants or lawns.

5) No person, being an owner or occupier of property in the Municipality, shall damage or

allow the deterioration of any appliance on that property w hich will result in a waste of water.

6) Inspections

a) A bylaw enforcement officer is authorized to enter at all reasonable times on any property that is subject to this Bylaw to ascertain whether the requirements of this Bylaw are being met or the regulations in this Bylaw are being observed.

7) Determining restrictions

a) The Council, by resolution, shall determine the applicable stage of restrictions.

8) Notice

a) The Public Works Manager shall give notice or cause notice to be given to persons within the Municipality of the applicable stage and when it takes effect and that notice shall be published in a newspaper. P:\Bylaws\3. Bylaws\Bylaw 834, 2010 Water Use Restrictions.docx Page 3

PART 4: WATER USE RESTRICTIONS

9) For the purposes of this Bylaw, the water use restrictions for each stage are prescribed in

Schedule "A" of this Bylaw.

10) Permits, Exemptions, and Special Cases

a) The Town may issue permits in the special cases and manner prescribed in Schedule "B", b) Exemptions and special cases to the regulations in this Bylaw are prescribed in Schedule "A", c) Exempted users and perm it holders are exempted from Section 3 to the extent permitted by Schedule "B" and the conditions of the permit, where applicable.

PART 5: OFFENCES AND ENFORCEMENT

11) Every person who violates any provision of this Bylaw, or who permits, suffers or allows

any act to be done in violation of any provision of this Bylaw, or who neglects to do anything required to be done by any provision of this Bylaw, commits an offence punishable upon summary conviction and is subject to a fine not less than $250 and not more than $10,000.00.

12) Each day that a violation exists or is permitted to exist is deemed to be a sepa rate offence

against this Bylaw

13) This Bylaw may be enforced by means of a ticket in the form prescribed for the purpose

of section 264 of the Community Charter.

14) Pursuant to section 264(1)(b) of the Community Charter, Bylaw Enforcement Officers are

designated to enforce this Bylaw.

15) Pursuant to section 264(1)(c) of the Community Charter , the words or expression in

Column 2 of Schedule “C” to this Bylaw designate the offence committed under the Bylaw section number appearing in Column 1 opposite the respective words or expression.

16) Pursuant to section 265(1)(a) of the Community Charter , the fine amount in Column 3 of

Schedule “C” to this Bylaw is the fine amount that corresponds to the section number and words or expression set out in Columns 1 and 2 opposite the fine amount.

17) Council hereby delegates the authority to refer any disputed tickets to the Provincial Court

to the Town’s Chief Administrative Officer and to Bylaw Enforcement Officers

18) Schedules “A”, “B” and “C” of this bylaw form part of and are enforceable in the same

manner as this bylaw

19) Effective Date

This Bylaw shall take effect upon the date of its adoption by the Council.

PART 6: SEVERABILITY

20) If a court of competent jurisdiction finds any part, section or subsection of this Bylaw to

be invalid or unenforceable, the impugned part, section or subsection shall be severed P:\Bylaws\3. Bylaws\Bylaw 834, 2010 Water Use Restrictions.docx Page 4

from the remainder of the Bylaw and the remainder of the Bylaw shall remain valid and in force.

PART 7: CITATION

21) This Bylaw may be cited as "Water Use Restrictions Bylaw 834, 2010."

READ A FIRST TIME this 7th day of June, 2010 READ A SECOND TIME this 7th day of June, 2010 READ A THIRD TIME this 7th day of June, 2010 ADOPTED this 21st day of June, 2010

________________________ ________________________

MAYOR CHIEF ADMINISTRATIVE OFFICER

Randy McLean Patrick Robins

I certify this to be a true copy of Bylaw No. 833, 2010 adopted by Council on the 21st, day of June, 2010.

____________________________ Patrick Robins Chief Administrative Officer

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SCHEDULE ‘A’

RESTRICTION STAGES

PART 1: STAGE 1 RESTRICTIONS

1) Subject to section 2 of this Schedule, when Stage 1 Restrictions are in force, no Person shall:

a) water lawns, except: i) at premises with even numbered civic addres ses, on Wednesdays, Friday and Sundays. Sprinkling is prohibited between noon and 6 pm on your watering day and. ii) at premises with odd numbered civic addresses, on Tuesdays, Thursdays and Saturdays. Sprinkling is prohibited between noon and 6 pm on your watering day. iii) Watering is not permitted on Monday b) use a hose providing water to wash boats or motor vehicles, unless the hose is equipped with an automatic shut-off device.

2) Section 1 of this Schedule does not apply to:

a) a person who waters lawns or landscaping at premises described in a valid and subsisting permit, provided the person is and has been at all times in compliance with the permit;

3) Stage 1 restrictions to be employed between May 15 and September 30 unless otherwise

imposed by the Manager of Public Works.

PART 2: STAGE 2 RESTRICTIONS

4) Subject to section 4 of this Schedule, when Stage 2 Restrictions are in force, no person shall:

a) water lawns, except: i) at premises with even numbered civic addresses, on Wednesdays and Saturdays only. Sprinkling is prohibited between noon and 6 pm on your watering day and ii) at premises with odd numbered civic addresses, on Thursdays and Sundays only. Sprinkling is prohibited between noon and 6 pm on your watering day; b) use a hose providing water to wash boats or motor vehicles, unless the hose is equipped with an automatic shut-off device; c) use a hose providing water to wash sidewalks, driveways, walls, roofs or other outdoor surfaces, unless the hose is equipped with an automatic shut -off device, and the purpose of washing the surface is: i) to prepare a surface for painting, sealing, or similar treatment; or ii) for the health or safety of any person, or to prevent or control fires;

5) Section 3 of this Schedule does not apply to:

a) a person who waters lawns or landscaping at premises described in a valid and subsisting permit, provided the person is and has been at all times in compliance with the permit; P:\Bylaws\3. Bylaws\Bylaw 834, 2010 Water Use Restrictions.docx Page 6

PART 3: STAGE 3 RESTRICTIONS

6) Subject to section 6 of this Schedule, when Stage 3 Restrictions are in force, no person shall:

a) Water: i) lawns; or ii) flower gardens, vegetable gardens, decorative planters, shrubs or trees, unless such watering is carried by hand with hoses equipped with automatic shut -off devices or by a container, and is not carried out using sprinklers or soaker hoses; b) use a hose providing water to wash boats or motor vehicles, unles s the hose is equipped with an automatic shut-off device, and the purpose of washing is to maintain visibility of lights or licence plates, or through windows, or is otherwise for the safe operation of the boat or motor vehicle; c) use water to fill or re-fill garden ponds, hot-tubs, or residential swimming pools; d) use a hose providing w ater for any other purpose unless it is for health or safety reasons and the hose is equipped with an automatic shut-off device.

PART 4: STAGE 4 RESTRICTIONS

7) When Stage 4 Restrictions are in force, no Person shall use water outdoors for any purpose

PART 5: PUBLIC SECTOR

8) Public sector entities may during:

a) Stage 1, water lawns, boulevards and playing fields shall be restricted to three days per week at any time; b) Stages 2, and 3, water lawns, boulevards and playing fields at any time, but no more often than every second day. c) Stage 4, no watering at any time.

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SCHEDULE “B”

PERMITS

1. A person who has installed a new lawn, either newly seeded or new sod, may apply to the

Town Hall for a permit, in the form adopted by Council from time to time , which will allow the new lawn to be sprinkled outside of watering days, but within restricted hours.

2. A permit issued under s ection 1 of this Schedule shall be conspicuously displayed at the

premises for which it was issued.

3. New sod may be sprinkled for 21 days after installation, and newly seeded lawn may be

sprinkled until growth is established or for 49 days after installation, whichever is less, provided a permit pursuant to s ection 1 has been issued for the premises at which the new lawn has been installed.

3. After expiration of a permit issued under section 1, a person may apply for and may obtain one

subsequent permit under section 1.

4. Permits will not be issued or be valid during Stage 3 or Stage 4 restrictions.

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Schedule “C” Fine Schedule

Description of Offence Section Fine Stage 1 Restriction violation first offence Schedule A, Part 1 $25.00 Stage 1 Restriction violation second offence Schedule A, Part 1 $50.00 Stage 1 Restriction violation third and each additional offence Schedule A, Part 1 $500.00 Stage 2 Restriction violation first offence Schedule A, Part 2 $50.00 Stage 2 Restriction violation second offence Schedule A, Part 2 $100.00 Stage 2 Restriction violation third and each additional offence Schedule A, Part 2 $500.00 Stage 3 Restriction violation first offence Schedule A, Part 3 $100.00 Stage 3 Restriction violation second offence Schedule A, Part 3 $200.00 Stage 3 Restriction violation third and each additional offence Schedule A, Part 3 $500.00 Stage 4 Restriction violation first offence Schedule A, Part 4 $200.00 Stage 4 Restriction violation second offence Schedule A, Part 4 $400.00 Stage 4 Restriction violation third and each additional offence Schedule A, Part 4 $500.00