Water Restrictions By-Law
TOWN OF WEMBLEY
BY-LAW 662
A By-law of the Town of Wembley in the province of Alberta to establish restrictions on water usage in the Town of Wembley.
WHEREAS pursuant to the provision of the Municipal Government Act, Council may pass by-laws for municipal purposes relating to the health and welfare of people and the protection of people and property; services provided by or on behalf of the Municipality; and public utilities, and
WHEREAS the Council of the Town of Wembley deems it advisable and necessary to make provisions for the restriction of the use of water and for the protection of the supply of water,
NOW THEREFORE, pursuant to the authority conferred upon it by the Municipal Government Act, R.S.A. M-26-2000, the Council of the Town of Wembley duly assembled hereby enacts as follows:
SECTION 1 - SHORT TITLE
1.1 This By-law may be cited as "The Water Restriction By-law".
SECTION 2 - DEFINITIONS
- 2.1 "Bulk Water Consumer" is a person, firm or corporation who purchases water from the Bulk Water Station.
- 2.2 "Bulk Water Station" is the key operated facility, located at 9940 - 101 Street for the sale of potable water on bulk basis.
- 2.3 "By-Law Enforcement Officer" means a member of the Royal Canadian Mounted Police, A Peace Officer appointed pursuant to the Alberta Peace Officer Act, or a By-Law Enforcement Officer appointed by the Town of Wembley.
- 2.4 "CAO" means the Chief Administrative Officer of the Town of Wembley, or that person's designate.
- 2.5 "Council" means the elected council of the Town of Wembley.
- 2.6 "Non-Residential Water Use" is a service supplied to a premise principally used to conduct a profession, business, trade, industry, occupation or employment, and also includes institutional uses.
- 2.7 "Residential Water Use" is a service supplied to a premise that is used primarily for domestic purposes including but not limited to, single-family dwellings and multi-family dwellings.
- 2.8 "Restriction Period" means a period in which a restriction is in place.
- 2.9 "Town" means the Town of Wembley, in the Province of Alberta.
- 2.10 "Water" means any water supplied or provided to any person, firm or corporation, by the Town of Wembley, and includes Residential Water Use, Non Residential Water Use, and such water supplied to Bulk Water consumers by the Bulk Water Station and does not include natural rain water collected and stored by an person for personal usage upon satisfactory production of proof to a Bylaw Enforcement Officer.
SECTION 3- WATER CONSERVATION STRATEGIES
- 3.1 The Town or CAO may at any time make orders restricting the use of water either by all consumers or by any particular class of consumer and either throughout the Town or in any particular area or areas of the Town. The order may specify that such restricted use of water shall apply during such hours of any day of the week as may be specified in the order.
- 3.2 The CAO is hereby delegated the authority to implement the requirements set out in this by-law, any new directions provided under this by-law, to ensure compliance with the use of water provided by the Town.
- 3.3 The Town of Wembley presently provides Water to all consumers through either the Town water distribution system or the Bulk Water Station. At times where drought conditions exist, or otherwise determined by Council, that affect the overall water supply of the Town, the Town will undertake the following:
- 3.3.1. Assist all consumers by providing information that will encourage Water conservation,
- 3.3.2. Encourage Commercial, Industrial and Institutional Consumers to implement Water conservation technology,
- 3.3.3. Manage the overall supply of Water in the Town in order to comply with the requirements by all Water suppliers and users in the region through regulation, restriction or prohibiting the use of Water as set out in this by-law, any amendments hereafter or by a resolution of Council, duly enacted, for specific Water use restriction issues.
- 3.4 The Town or CAO may restrict, regulate or prohibit the hours during which Water may be used for any purpose other than for fire fighting.
- 3.5 The Town may cause notices to be published:
3.5.1 in a newspaper of general circulation in the Town or region; or
3.5.2 on Water accounts from the Town;
and the Town may give notice by other additional means declaring restriction upon the use of Water for the purpose of conserving and saving water.
- 3.6 No persons shall use any water from the water works system in contravention of the terms of any order made by the CAO under this section.
- 3.7 The restrictions may include the use of water for aesthetic purposes.
- 3.8 The restrictions may include the regulation, restriction or prohibition of use of Water supplied by the Town for Consumers or Bulk Users, by any method including but not limited to restricting amounts supplied on an ongoing basis, closing off the Water supply during certain times of the day, or totally prohibiting use of Water by permanent closure of Water supply valves for extended periods of time.
- 3.9 The restrictions may include watering lawns, flowers and gardens only according to schedule outlined in Schedule "A" attached hereto and forming part of this by-law.
- 3.10 If water rationing is applied, a consultative Services Committee process between the Town of Wembley Public Works Services Committee and the major non-residential water consumers will be conducted to seek an agreement on reduction of water consumption.
SECTION 4 - WASTING WATER
- 4.1 All consumers or persons are prohibited from wasting water when water rationing is in effect.
- 4.2 Any consumer or person who wastes water supplied by the Town will be guilty of an offense under this by-law. In determining if an activity constitutes wasting water, consideration will be given to the following:
- 4.2.1. The volume of water reasonably required to perform the activity undertaken;
- 4.2.2. The length of time that water has been allowed to run;
- 4.2.3. The degree of control exercised over the flow of water;
- 4.2.4. The purpose to which the water is being put;
- 4.2.5. The degree of restriction on water consumption presently in place; and
- 4.2.6. The existence of any other factors reasonable suggesting that waste of water is occurring or has occurred.
SECTION 5 - EXCEPTIONS
- 5.1 Council may by resolution, choose to exempt certain water users from provisions of all or portions of this by-law.
SECTION 6 - ENFORCEMENT
- 6.1 When in the opinion of the By-Law Enforcement Officer or duly authorized officer of Council, a condition exists which contravenes any of the provisions of this By-law, the By-Law Enforcement Officer may issue an offence ticket.
SECTION 7 - PENALTIES
- 7.1. Any person committing a breach of any provision of this by-law shall be liable on summary conviction of a fine of Two Hundred and Fifty Dollars ($250.00) or in default of payment of the fine and costs to imprisonment for a period not exceeding 30 days.
- 7.2. A violation ticket as distributed by the Province of Alberta and set out in the Provincial Offences Procedures Act and Regulation may be issued by a By-Law Enforcement Officer for any contravention of this by-law.
- 7.3. A violation ticket is deemed sufficiently served;
- a) If served personally on the accused; or
- b) As a substitute, when the accused cannot be conveniently found, served upon any person appearing to be 18 years or older at the residence of the accused.
7.4 In addition to the fines, which may be issued under this by-law, the Town may
Seek an Order of Court granting an injunction or any other Order necessary to
Enforce compliance. The Town will seek full recovery of such legal costs
either through the court system or by placing the costs of such action on the
property tax roll.
SECTION 8 - SEVERABILITY
- 8.1 Should any section or part of this By-law is found to have been improperly enacted or ultra vires, for any reason, then such section or part shall be regarded as being severable from the By-law and the By-law remaining after such severance shall be effective and enforceable as is the section found to be improperly enacted has not been enacted as part of this By-law.
SECTION 9 -EFFECTIVE DATES AND READINGS:
- 9.1 This By-law rescinds By-Law No. 639.
- 9.2 This By-law shall come into force and effect on the final date of passing thereof.
Read a first, second time and by unanimous consent of all the Councillors present, a third time and finally passed this 9th day of August, A.D. 2010.
Mayor - Owen Smith
CAO - Lori Parker
TOWN OF WEMBLEY
BY-LAW 662
SCHEDULE "A" - WATER RESTRICTION SCHEDULE
ODD AND EVEN WATERING DAYS: Using the last number of your address (odd
even) determines which days you may water your lawn.
LEVEL 1:
ODD - numbered addresses may water lawns: Tuesday, Thursday and Sunday
EVEN - numbered address may water lawns: Monday, Wednesday and Saturday
WATERING - may occur only during the following hours: 6:00 a.m. - 9:00 a.m.
7:00 p.m. - 11:00 p.m.
Flowerbeds and vegetable gardens may be watered by hand, at anytime, using a watering can or a hose with a nozzle with a trigger shut off to restrict water flow. Sprinklers and like water toys may be used for recreational purposes by children as long as children are present during use; includes children's pools (capacity not more than 1000 litres).
LEVEL 2:
All outdoor water use is prohibited (eg. washing cars, sidewalks, pads, exteriors of buildings, recreational use of sprinklers and water toys).
Excepting:
ODD - numbered address may water lawns: Thursday and Sunday
EVEN - numbered address may water lawns: Wednesday and Saturday
WATERING - may occur only during the following hours: 6:00 a.m. - 9:00 a.m.
7:00 p.m. - 11:00 p.m.
Flowerbeds and vegetable gardens may be watered by hand, at anytime, using a watering can or a hose with a nozzle with a trigger shut off to restrict water flow. Children's pools (capacity not more than 1000 litres) may be used.
LEVEL 3:
All outdoor water use is prohibited (eg. washing cars, sidewalks, pads, exteriors of buildings and lawns.
Excepting:
Flowerbeds and vegetable gardens may be watered by hand, at anytime, using a watering can or a hose with a nozzle with a trigger shut off to restrict water flow. Bulk water sales are suspended.
LEVEL 4:
All outdoor water use is prohibited. Household and non-residential use is controlled through district flow restrictions (reduced pressures subject to Fire Services review and approval). Bulk water sales are suspended.