Lawn Watering By-law 2014-17

1. For the purpose of this section the following definitions shall apply:

            (1) Consumer - shall mean the person who is using water to water lawns.

            (2) Water lawns - shall mean the watering of any sod or grass by any means, be it
                 mechanical or manual.

            (3) Owner - shall mean and include the registered owner of a property, a lessee, tenant, 
                 mortgagee in possession or any person, organization or corporation, assessed
                 tenant, occupant or any person having an interest whether equitable or legal in the
                 land otherwise in charge of the property, acting as the authorized agent of the
                 owner. 

            (4) Premise - shall mean a specific property, private or public under registered
                 ownership, and includes all buildings and structures. 

2. Whenever this By-law refers to a person or thing with reference to gender or the gender neutral, the

    intention is to read the By-law with the gender applicable to the circumstance.

3. Reference to items in the plural include and singular, as applicable.

4. The words "include", "including", and "includes" are not to be read as limiting the phrases or descriptions

    that precede or follow them.

5. Headings are inserted for ease of reference only and are not to be used as interpretation aids.

6. Specific references to laws in this By-law are printed in Italic font and are meant to refer to the current laws

    applicable within the Province of Ontario as at the time the By-law was enacted, as they are amended from

    time to time. For Provincial laws, where the name of the statue does not contain a date, the reference is to

    the relevant chapter of the R.S.O. 1990 edition, as amended from time to time. For Federal laws, where the

    name of the statute does not contain a date, the reference is to the relevant chapter of the R.S.C. 1985

    edition, again, as amended from time to time, including successor legislation. In either case, where the

    name of the statute contains a date, the reference is to the relevant chapter of the statutes of Ontario or

    Canada, as applicable, for that year. In all cases, the reference includes the statute, as amended from time

    to time, including successor legislation.

7.  (1) No person shall,

          (a) water or sprinkle, or cause or permit the watering or sprinkling of any lawn, garden, tree, shrub or

          other outdoor plant in the Town of Bradford West Gwillimbury through a hose, pipe or other attachment

          at anytime except in accordance with the provision of Sections 8, 9, 10, 11, 12, 13 and 14 of this By

          Law.

          (b) wilfully hinders or interrupts, or causes or procures to be hindered or interrupted the corporation, or

          any of its officers, contractors, agents, servants or workers, in the exercise of any of the powers

          conferred by this Act.

Water Supply Regulations - Level Zero (0)

8. In order to ensure the continued supply of water the Council does hereby prohibit the use of municipally

    supplied water for the purpose of watering by hose, pipe or attachment at anytime between June 1st and

    September 30^th in every year except as provided for hereunder.

9. All owners, tenants and lessees of any Residential, Commercial, Industrial or Institutional properties within

    the serviced area of the Town of Bradford West Gwillimbury with even numbered municipal street addresses

    shall be permitted to water lawns between 6:00 p.m. and 8:00 a.m. on even numbered calendar days only.

10. All owners, tenants and lessees of any Residential, Commercial, Industrial or Institutional properties within

     the serviced area of the Town of Bradford West Gwillimbury with odd numbered municipal street addresses

     shall be permitted to water lawns between 6:00 p.m. and 8:00 a.m. on odd numbered calendar days only.

Restricted Watering Declared - Level One (1)

11. In the cases of drought when reservoir levels become low, a restricted lawn watering and car washing ban

      will be imposed according to the discretion of the Operating Authority.

12. While a level 1 Outdoor Water Restriction is in effect the Level Zero restrictions shall remain in effect

      however the Town strongly urges that outdoor water use be reduced wherever possible.

Emergency Declared - Level Two (2)

13. In the cases of extreme drought when reservoir levels become critically low, a full lawn watering restriction

      is deemed necessary for a period of time; the provisions of this By-law shall be temporarily suspended to

      the discretion of the Director of Engineering Services.

14.  (1) While a level 2 Temporary Outdoor Water Restriction is in effect, the following restrictions shall apply:

               (a) No consumer, within the Town of BWG, shall use municipal water outdoors to water
                their lawn.

               (b) No consumer, within the Town of BWG, shall wash any vehicle on a property or any                   

                portion of a right-of-way or boulevard adjacent to the property.

               (c) No consumer, within the Town of BWG, shall use municipal water to fill any outside
                swimming pool, wading pool, outside hot tub, decorative fountain or garden pond.

Lawn Watering Exemptions

15. Any person may water their lawn from a water source other than the municipal water supply system at any

      time.

16. Any person may water newly laid sod or seed at any time for a period not to exceed thirty (30) days from

      the date the sod or seed was installed.

17. Any person may water newly planted trees, shrubs, and flowers while being installed and 24 hours after

      installation.

18. Any person may water lawns that have been treated or fertilized from the time of installation to 24 hours

      after treatment.

General Provisions

19. It is hereby declared that notwithstanding any section, subsections, clause paragraph or provision of the

      By-law or parts thereof, may be declared by a court of competent jurisdiction to be invalid, unenforceable,

      illegal or beyond the powers of Council to enact, such section or sections or parts thereof shall be deemed

      to be severable and shall not affect the validity of enforceability of any other provisions of the By-law as a

      whole or part thereof and all other sections of the By-law as a whole or part thereof and all other sections

      of the By-law shall be deemed to be separate and independent there from and enacted as such. 

20. Whenever any reference is made in this By-Law to a statute of the Legislature of the Province of Ontario,

      such reference shall be deemed to include all subsequent amendments to such statute and all successor

      legislation to such statute.

21. This By-Law shall be cited as the LAWN WATERING BY-LAW.

Penalties

22. Every person who contravenes any of the provisions of this By-Law is guilty of an offence and is liable,

      upon conviction, to a fine not exceeding Five Thousand  Dollars ($5,000.00) exclusive of costs, per

      incident or each offence and penalty for the expenses of repairing or replacing as a result of the damage

      caused all of which is provided for under the Public Utilities Act . The provisions of the penalty is as

      provided and recoverable under the Provincial Offences Act, Revised Statutes of Ontario 1990, Chapter

      P.33, as amended and shall apply to the said fine.

 
23. The conviction of an offender upon the breach of any provisions of the By-Law shall not operate as a bar to

      a prosecution against the same offender upon any continued or subsequent breach of any provision and

      the Judge may convict any offender repeatedly for continued or subsequent breaches of the By-Law, and

      the provisions of the Municipal Act, Revised Statutes of Ontario 1990, Chap. M.45, Section 327, as

      amended from time to time, shall further apply to any continued or repeated breach of this By-Law. Each

      day shall constitute a separate offense under this By-Law.

Enforcement

24. This By-Law shall be enforced by a Municipal Law Enforcement Officer of the Town of Bradford West

      Gwillimbury or any other officer appointed for the purposes of enforcing this By-Law. 

 25. That By-Law 2001-021 (Lawn Watering Regulations) of the Town of Bradford West Gwillimbury is hereby

       repealed.

Force and Effect

26. This By-Law shall come into force and effect on the date it is enacted.

Enacted this 18th day of February, 2014. 

Original copy signed                              Original copy signed

Rebecca Murphy, Clerk                           Doug White, Mayor