THE CITY OF ARMSTRONG BYLAW NUMBER 1806, A Bylaw to Regulate Water Use and Conservation

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1 THE CITY OF ARMSTRONG BYLAW NUMBER 1806, 2017 A Bylaw to Regulate Water Use and Conservation WHEREAS the Council of the City of Armstrong is empowered and authorized pursuant to the Community Charter and Local Government Act to regulate in relation to a service; and WHEREAS Council deems it necessary and expedient to set regulations for the year round use and conservation of water; NOW THEREFORE the Council of the City of Armstrong, in open meeting assembled, enacts as follows: 1. Definitions In this bylaw: AGRICULTURAL PURPOSE means the use of water for livestock, poultry or fur-bearing animals or for irrigation of greenhouse products, crops, orchards, pasture or other cultivated land as part of a commercial farm operation. AUTHORIZED USER means the owner or occupier of a parcel or premises whose parcel or premises has been approved by the City of Armstrong to be supplied with water. BYLAW ENFORCEMENT OFFICER means a person appointed by Council to enforce this bylaw. CITY means the City of Armstrong. COMMERCIAL PURPOSE means the use of water for the normal operation of a lawful commercial service, occupation or enterprise, including for drinking water, food preparation, sanitation, fire prevention, and as necessary to provide services to customers, but does not include an Agricultural Purpose. COUNCIL means Municipal Council of the City of Armstrong. DOMESTIC PURPOSE means the use of water for household purposes by the occupants of a dwelling including for: drinking water; food preparation; sanitation; fire prevention; animals kept for household use or pets; residential farm animals. FILL means to fill more than 15% of the total capacity of a swimming pool, wading pool, hot tub, garden pond or decorative fountain with water. OCCUPIER has the same meaning as in the Local Government Act. RESIDENTIAL FARM ANIMALS means domestic animals kept as incidental to a residential use as permitted by law. Water Use and Conservation Bylaw No. 1806, 2017 Page 1

2 OUTDOOR USE means the use of water for any of the following: (a) watering a lawn, flower or vegetable garden, trees, shrubs or landscaped area, which combined do not exceed one acre in size and which are adjacent to or on the same parcel as a dwelling or commercial premises; (b) washing a vehicle; (c) washing a driveway, parking area, sidewalk, or exterior building surface; (d) filling a swimming pool, wading pool, hot tub, garden pond or fountain;, but does not include the use of water for an Agricultural Purpose. OWNER has the same meaning as in the Local Government Act. WATERING SYSTEM means a watering system which may include in ground automated or drip systems, hoses or sprinklers that supply domestic use water outdoors and which consumes less than 12 imperial gallons per minute and operates at less than 65 psi. WATER SERVICE AREA refers to all authorized users of the City of Armstrong water utility system located within the City of Armstrong and within the Township of Spallumcheen namely those properties serviced directly by the City and through the following Water Districts: Silver Star, Stardel, Lansdowne, Highland Park, Round Prairie, and Pleasant Valley. 2. Application 2.1 The restrictions and regulations outlined in this bylaw are applicable to everyone in the Water Service Area. 3. Restrictions and Requirements 3.1 A person must not use water supplied by the City: (a) for other than a Domestic Purpose, Commercial Purpose, Outdoor Use; (b) or in such a manner as to cause the water to be wasted. 3.2 A person using or responsible for the use of water supplied by the City for an Outdoor Use must comply with Section 8 (Water Conservation Stages). 3.3 The owner or occupier of a parcel or premises supplied with water by the City: (a) must not cause, suffer or allow the damage to or deterioration of any device or mechanism through which water is piped or used for any purpose, which is likely to or does cause water to be wasted; and (b) must promptly remedy any damage to or deterioration described in paragraph (a) of which the owner or occupier is or becomes aware. Water Use and Conservation Bylaw No. 1806, 2017 Page 2

3 4. Discontinuance of Water Service 4.1 Where the City s Chief Administrative Officer or Manager of Public Works has determined that a provision of this Bylaw is being violated, that official may: (a) order the owner or occupier of the parcel or premises to correct the violation at their expense within a specific time period; and (b) if the person to whom such an order is directed fails to comply, the Manager of Public Works may cause the water service provided by the City to be discontinued until the violating condition is remedied to the satisfaction of the City. 4.2 On taking an action under paragraph (a), the Bylaw Enforcement Officer will make reasonable attempts to notify the owner and occupier before discontinuing the service, and will inform the City s Corporate Officer of the action taken, and the reason. 4.3 Any person whose water supply has been discontinued pursuant to this Bylaw may arrange with the Corporate Officer to make representations to Council about the matter. After considering any such representations, and any other information Council deems relevant to their decision, Council may confirm, vary, add restrictions or conditions to, or cancel the decision to discontinue the water service. 4.4 If a person subject to an order under this Bylaw fails to take the required action, the City s Chief Administrative Officer may arrange for the City or a contractor to fulfill the requirement at the expense of the owner or occupant of the property where the violation occurs. The City may recover the costs incurred from the owner or occupant as a debt. If the debt has not been paid by December 31st, the City may collect the amount owing from the property owner in the same manner as for collecting unpaid property taxes. 5. Bylaw Enforcement Officer 5.1 The Bylaw Enforcement Officer is authorized and empowered to inspect, compel, and require that all the regulations and provisions prescribed in this bylaw be carried out. 5.2 The Bylaw Enforcement Officer has the authority 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. Water Use and Conservation Bylaw No. 1806, 2017 Page 3

4 5.3 For the purposes of this bylaw, the Bylaw Enforcement Officer means any of the following: Chief Administrative Officer of the City of Armstrong Bylaw Enforcement Officer of the City of Armstrong Manager of Public Works of the City of Armstrong RCMP Officer 5.4 No person shall unreasonably obstruct or prevent a Bylaw Enforcement Officer from carrying out his duties as prescribed in this bylaw. 6. Determining Restrictions 7. Notice 6.1 Notwithstanding any other provision of this bylaw it shall be lawful for Council, by resolution, to restrict or ration the use of water for all or any purposes. 7.1 The City shall give notice or cause notice to be given of the applicable water conservation stage and when it takes effect. Such notice shall be published in a local newspaper. 8. Water Conservation Stages 8.1 For the purpose of conserving water, the following Water Conservation Stages apply to the use of water for Outdoor Use within the Water Service Area: 8.2 STAGE 1: Every Other Day Watering (Year Round) (a) During Stage 1, a person shall use a watering system to water a lawn, garden, or landscaped area on a property as follows: (i) Even numbered addresses may water on even days of the calendar between the hours of 6:00 a.m. to 10:00 a.m. and 7:00 p.m. to Midnight; or (ii) Odd numbered addresses may water on odd days of the calendar between the hours of 6:00 a.m. to 10:00 a.m. and 7:00 p.m. to Midnight p.m. (b) During Stage 1, a person shall use an in-ground automated watering system to water a lawn, garden, or landscaped area on a property as follows: (i) Even numbered addresses may water on even days of the calendar between the hours of Midnight to 5:00 a.m.; or (ii) Odd numbered addresses may water on odd days of the calendar between the hours of Midnight to 5:00 a.m. Water Use and Conservation Bylaw No. 1806, 2017 Page 4

5 (c) During Stage 1 a person may: (i) water a lawn, flower or vegetable garden, trees, shrubs or landscaped area, which combined do not exceed one acre in size on any day at any time if watering is done by hand-held container or a hose equipped with a shut-off nozzle; (ii) water newly planted trees, shrubs, flowers and vegetables by any method during installation and for the following 24 hours; (iii) water new sod or newly seeded lawn during the first 7 days after installation on any day but only during the prescribed Stage 1 watering hours; (iv) wash a vehicle with water using a hand held container or hose equipped with a shut-off nozzle; (v) Wash sidewalks, driveways, parking lots or exterior building surfaces including windows using a hand held container or hose equipped with a shut-off nozzle; (vi) Fill a swimming pool, wading pool, hot tub, garden pond or decorative fountain. (d) During Stage 1, public school properties and City owned parks and playgrounds are exempt from the one-acre size restriction applicable to the watering of lawns, flower or vegetable gardens, trees, shrubs or landscaped areas as set out in the definition of Outdoor Use. 8.3 STAGE 2: Hand Watering Only (During Times of Stress on the Water System) (a) During Stage 2, no person shall (i) use a sprinkler or irrigation system to water a lawn, garden, trees, or shrubs; (ii) wash driveways, sidewalks, parking lots or exterior building surfaces. (b) During Stage 2 a person may: (i) water a lawn, flower or vegetable garden, trees, shrubs or landscaped area, which combined do not exceed one acre in size if watering is done by hand-held container or a hose equipped with a shut-off nozzle but only during the prescribed Stage 1 watering hours and days; (ii) water newly planted trees, shrubs, flowers and vegetables, new sod or newly seeded lawn if watering is done by hand-held container or a hose equipped with a shut-off nozzle during installation and for the following 24 hours; Water Use and Conservation Bylaw No. 1806, 2017 Page 5

6 (iii) (iv) wash a vehicle with water using a hand held container or hose equipped with a shut-off nozzle but only during the prescribed Stage 1 watering hours and days; fill or top up or add to a swimming pool, wading pool, hot tub, garden pond or decorative fountain but only during the prescribed Stage 1 watering hours and days. 8.4 STAGE 3: In Home Water Use Only (For Extreme Situations) (a) During Stage 3, no person shall: (i) water lawns, gardens, trees or shrubs, including newly seeded or sodded lawns, newly seeded or planted gardens, trees or shrubs; (ii) top up swimming pool, hot tub or garden pond; (iii) wash a vehicle, except at a commercial car wash; (iv) wash sidewalks, driveways, parking lots or exterior building surfaces. 9. Schedule and Severance 9.1 Schedule A is attached to and forms part of this Bylaw. 9.2 If any portion of this bylaw is declared ultra vires by the Court of Competent Jurisdiction, that portion shall be deemed to be severed from the bylaw to the intent that the remainder of the bylaw shall continue in full force and effect. 10. Offences 10.1 Any person who violates any of the provisions of this bylaw or who suffers or permits any act or thing to be done in contravention of this bylaw or who neglects to do or refrains from doing any act or thing which violates any of the provisions of this bylaw shall be liable to the penalties hereby imposed. Each day that such violation is permitted to continue shall constitute a separate offence Any person who violates any of the provisions of this bylaw shall upon summary conviction be liable to a penalty not exceeding Ten Thousand Dollars ($10,000) and the costs of prosecution or a term of imprisonment not exceeding sixty days or to both. 11. Repeal 11.1 City of Armstrong Water Use Restrictions Bylaw No 1689 is repealed. 12. Citation 12.1 This Bylaw may be cited for all purposes as the City of Armstrong Water Use and Conservation Bylaw No. 1806, Water Use and Conservation Bylaw No. 1806, 2017 Page 6

7 Read a first time this 8 th day of May, 2017 Read a second time this 8th day of May, 2017 Read a third time this 8 th day of May, 2017 Read a fourth time and finally adopted on the 10 th day of May, Signature on file Corporate Officer Signature on file Mayor Water Use and Conservation Bylaw No. 1806, 2017 Page 7

8 SCHEDULE A OFFENCES AND FINES WATER USE AND CONSERVATION BYLAW NO. 1806, 2017 Offence Section Fine Other than domestic use 3.1 (a) $500 Damaged device or mechanism 3.3 $500 Use of water contrary to bylaw 3 $500 Obstruct Bylaw Enforcement Officer 5.4 $500 Stage 1 Watering Violation 8.2 $100 Stage 2 Watering Violation 8.3 $250 Stage 3 Watering Violation 8.4 $500 Water Use and Conservation Bylaw No Page A-1

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