2009-082 Regulate Municipal Water Systems within The Township of Oro-Medonte and to Repeal By-law No.'s 2003-25 and 2004-024.THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-082
Being a By-law to Regulate Municipal Water Systems within The Township of Oro-
Medonte and to Repeal By-law No.'s 2003-25 and 2004-024
WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a municipality may pass By-laws respecting matters related to water
production, treatment, storage and distribution;
AND WHEREAS Section 79 of the Municipal Act, 2001, c.25, as amended, provides
that if a municipality has the consent of an Owner or occupant to connect a public utility
to a part of a building and other parts of the building belonging to different Owners, or
are in possession of different occupants, the municipality may, at reasonable times,
without consent, enter on their land and install, construct and maintain pipes, wires,
equipment, machinery, and other works necessary to make the connection;
AND WHEREAS Section 80 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a municipality may, at reasonable times, enter on land to which it supplies
a public utility;
• To inspect, repair, alter or disconnect the service pipe or wire, machinery,
equipment and other works used to supply the public utility;
• To inspect, install, repair, replace or alter a public utility meter;
• To shut off the supply of the public utility and remove any property of the
municipality if the customer discontinues the use of a public utility on land, or a
municipality lawfully decides to cease supplying the public utility to the land;
• To determine whether the public utility has been or is being unlawfully used.
AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte
deems it desirable and necessary to pass a By-law to regulate the Municipal Water
Systems within the Township;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. Definitions
For the purpose of this By-law:
1.1 "Council" shall mean the Council of The Corporation of the Township of Oro-
Medonte.
1.2 "Fire Chief" shall mean the Fire Chief of the Township of Oro-Medonte Fire and
Emergency Services Department.
1.3 "Municipal Water Area" shall mean a subdivision or designated area within The
Corporation of the Township of Oro-Medonte, serviced by a Municipal Water
System.
1.4 "Municipal Water Supply" shall mean the water supplied from a Municipal Water
System.
1.5 "Municipal Water Systems" shall include all water works established within the
present Township of Oro-Medonte, and shall further include any present or future
extensions to the water works under any Act or under an agreement between the
Township or its predecessors, but shall not include any private waterworks which
have not been acquired, established, maintained or operated by the Township or
its predecessors.
1.6 "Owner" shall mean the assessed Owner(s) as identified on the Assessment Roll
for Taxation Purposes during the current year, as amended.
1.7 "Person" shall mean an individual human being, his/her personal agent, heir,
successors and assigns, and shall include a corporation with or without share
capital.
1.8 "Director of Transportation and Environmental Services" shall mean the Director
of Transportation and Environmental Services of the Township of Oro-Medonte
and/or his designate.
1.9 "Duly Authorized Employee" shall mean any employee authorized by Council.
1.10 "Township" shall mean The Corporation of the Township of Oro-Medonte.
1.11 "Unit" shall mean an assessed or assessable unit within a Residential,
Commercial or Industrial building and shall include an apartment located within a
single family dwelling, which is serviced by the Township Water System, as
permitted under the applicable Zoning By-law.
1.12 "Water Works" means any works for the collection, production, treatment,
storage, supply, and distribution of water, or any part of such works, but does not
include plumbing or other works to which the Ontario Building Code Act and its
regulations apply.
2. GENERAL PROVISIONS
2.1 This By-law shall apply to all Municipal Water Systems located within the
geographical boundaries of the Township.
2.2 No person shall lay, or cause to be laid, any pipe or main to communicate with
any pipe or main of the Municipal Water System, or in any way obtain or use the
Municipal Water Supply without consent of the Township.
2.3 Any extensions or connections to a Municipal Water System shall be constructed
in accordance with the Township of Oro-Medonte Engineering Standards.
2.4 No person, being an Owner, tenant, occupant or inmate of any house or building
or other place supplied with water from the Municipal Water System, shall
improperly waste water or, without the consent of the Director of Transportation
and Environmental Services, lend, sell or dispose of water, give water away,
permit water to be taken or carried away, use or apply water to the use or benefit
of another, or to any use and benefit other than the person's own, or increase the
supply of water. This shall include the furnishing of water from one building
connected to the Municipal Water System, to another building.
2.5 All pipes, valves, fittings and other equipment between the water main and the
street line shall remain the property of the Township.
2.6 The Township does not guarantee the continuous supply, quality, or pressure of
water from a Municipal Water System. The Township is not liable for damage
caused by the breaking of any services pipe or attachment, or for shutting off of
water to repair or to tap mains, if reasonable notice of the intention to shut off the
water is given. The Township is not liable for damage caused by emergency
water main breaks or service breaks or attachments for shutting water off to
repair the emergency situation. No notice of intention to shut water off is
required during emergency repair activities.
2.7 The Director of Transportation and Environmental Services shall be responsible
for the operation and maintenance of all Municipal Water Systems, including
required testing, servicing, and the removal of snow from around all hydrants, as
deemed necessary.
2.8 The Director of Transportation and Environmental Services, or other duly
authorized employee, in the case of an emergency, which may imperil the supply
or quality of water, may shut off the Municipal Water Supply and take such
remedial action as may be necessary. Such remedial action may include limiting
or stopping up the supply of water in any area or restricting the use of water for
any specific purpose.
3. REQUIREMENT FOR CONNECTION TO AND REGULATION OF MUNICIPAL
WATER SYSTEM
3.1 Every Owner of property located within a Municipal Water Area who wishes to
connect an existing building to the Municipal Water System may apply, in writing,
to the Director of Transportation and Environmental Services.
3.2 Every new residence constructed on a property located within a Municipal Water
Area shall be connected to the Municipal Water System. An application for
connection to the Municipal Water System shall be filed prior to the issuance of a
building permit, and shall be accompanied by the connection fee as established
by By-law.
3.3 The Township reserves the right to refuse any application for connection to the
Municipal Water System if the existing system is at capacity, or where excess
capacity has been allocated to other properties within the Municipal Water Area.
3.4 An Owner may apply, in writing, to Council for an exemption from connection to a
Municipal Water System. Council shall consider all requests and may grant an
exemption, unless such exemption would be at variance to any written
requirement, order or approval by a Medical Officer of Health, Public Health
Inspector, the Ministry of the Environment, or Ontario Building Code Act. Any
exemption granted under this Section shall not relieve the Owner from the
payment of any minimum rate under this By-law.
3.5 Notwithstanding Section 3.4, no Owner of a property located within a Municipal
Water Area and connected to the Municipal Water Supply shall be granted an
exemption in order to disconnect from the Municipal Water System.
3.6 Every building connected to a Municipal Water System shall have a single
separate connection, with the exception of a building which contains multiple
units.
3.7 Any Owner of a building connected, or to be connected, to a Municipal Water
System shall install the connection, as per Township Engineering Standard.
3.8 Every Person who, by act, default, neglect or omission, occasions any loss,
damage or injury to any public utility works, or to any plant, machinery, fitting or
appurtenances thereof, is liable to the Township therefore.
Every Person who willfully or maliciously damages, or causes or knowingly
suffers to be damaged, any meter, service pipe, conduit, wire, rod or fitting
belonging to the Township, or willfully impairs or knowingly suffers the same to
be altered or impaired, so that the meter indicates less than the actual amount of
the public utility that passes through it, is guilty of an offence and on conviction, is
liable to a fine, to the use of the Township, and for the expenses of repairing or
replacing the meter, service pipe, conduit, wire, rod, or fitting and double the
value of the surplus public utility so consumed, all of which is recoverable under
the Provincial Offences Act, R.S.O. 1990, C.P. 33, as amended.
3.9 Any Owner who desires a change in the location, arrangement or size of a
Municipal Water Supply Service, shall apply, in writing, to the Director of
Transportation and Environmental Services. If a request is granted by the
Director of Transportation and Environmental Services, costs incurred by the
Township shall be payable as a condition of the granting of the request and shall
be collectable by the Township as a charge against the benefiting lands.
3.10 Where any auxiliary water supply exists in any building connection to a Municipal
Water System, approved backflow protection shall be installed. This requirement
shall include the handling of processed waters, and waters originating from the
Municipal Water system, which may have been, or may be subjected to,
deterioration in sanitary quality. Backflow protection devices shall be installed
where internal cross connections exist. All property Owners with swimming
pools, in ground or above ground, shall install a backflow prevention device on all
outside water taps.
3.11 Any Owner desiring to have the Municipal Water Supply turned off or on for any
reason whatsoever, shall apply, in writing, to the Director of Transportation and
Environmental Services, who may direct that the water be turned on or off.
3.12 A Disconnection/Re-Connection Fee, as established by By-law, shall be charged
by the Township for turning off or on the Municipal Water Supply, where such
action is necessitated by:
3.12.1 - a written request by the Owner; or
3.12.2 - non-payment of a water bill; or
3.12.3 - failure to provide access to a meter
4. WATER USEAGE AND RESTRICTIONS
4.1 No Person shall willfully let off or discharge water so that the water runs waste or
useless out of the Municipal Water System.
4.2 The Township reserves the right to turn off the Municipal Water Supply to any
house, building or other place supplied with water from the Water Works, as
deemed necessary by the Director of Transportation and Environmental
Services, to stop and prevent waste.
4.3 Failure to comply with any requirements relative to the protection of a Municipal
Water Supply shall be sufficient reason for immediate discontinuance of water
service by the Township, until such time as it is determined that the requirements
of the Township, Ontario Building Code Act, any order or approval by a Medical
Officer of Health, Public Health Inspector, or Ministry of the Environment, have
been met.
4.4 The Director of Transportation and Environmental Services, or other duly
authorized employee, may take such measures, as it is deemed necessary, to
regulate or suspend any or all use of water distributed through a hose, or any
other attachment, for street, lawn or garden watering, or for any fountain or
object, or for any other similar purpose. The watering of lawns or gardens, or
filling of swimming pools, are not deemed to be a domestic use under the terms
of the By-law and may be prohibited, from time to time, by Resolution of Council,
and the Director of Transportation and Environmental Services is hereby
authorized to take all such action, as may be necessary, to immediately
terminate the supply of water to any property served by the Municipal Water
System in the event of a breach of such an order.
4.5 No person shall, from a Municipal Water System, water or sprinkle, or cause or
permit the watering or sprinkling of any lawn, garden, tree, shrub or other outdoor
plant, or fill swimming pools, in the Township of Oro-Medonte through a hose or
other attachment except between the hours of 7:00 p.m. - 11:00 p.m. subject to
the following:
a) Owners or tenants of properties with a municipal address with an even
number are permitted to water lawns and gardens, or fill swimming pools
within the designated times, on even-numbered days of the month;
b) Owners or tenants of properties with a municipal address with an odd
number are permitted to water lawns and gardens, or fill swimming pools
within the designated times, on odd-numbered days of the month;
c) Owners of newly seeded and/or sodded lawns, upon proof of installation
and subject to the approval of the Director of Transportation and
Environmental Services or his designate, may be permitted to water their
lawn for fourteen (14) consecutive days regardless of the day designated
under these water restrictions;
d) Owners of properties which have been sprayed for insects, upon proof of
such spraying and subject to the approval of the Director of Transportation
and Environmental Services or his designate, may be permitted to water
their lawn for seven (7) consecutive days regardless of the day designated
under these water restrictions.
e) Owners of properties with mechanized automated irrigation systems may,
subject to 4.5 a) and b), be exempt from watering between 7:00 p.m. and
11:00 p.m. and by written request to the Director of Transportation and
Environmental Services be permitted to water between the hours of 12:01
a.m and 4:00 a.m.
5. METERS
5.1 The Township shall require meters for the purpose of measuring the supply of
water to any building, subject to the following;
5.1.1 Meters shall be required for all new Residential, Commercial and Industrial
buildings to be constructed on properties lying within a Municipal Water
Area at the cost of the Owner.
5.1.2 Meters shall be required for all existing Residential, Commercial and
Industrial buildings located within a Municipal Water Area.
(i) When the Township determines that water meters shall be installed
in existing buildings located within a Municipal Water Area, meters
shall be installed by the Township and the cost, therefore, shall be
charged to the applicable Municipal Water Area.
5.1.3 One (1) meter shall be required for each unit within any Residential,
commercial and/or Industrial building. The Director of Transportation and
Environmental Services may waive the requirement for separate meters
where, in the opinion of the Director of Transportation and Environmental
Services, the existing water service prevents the installation of multiple
meters. The waiving of this requirement does not relieve the Owner from
any minimum rate which may be assessed against each unit under this
By-law.
5.2 Interior and exterior meters shall remain the property of the Township and shall
not be boxed in such a manner as to prohibit them from being read, examined or
removed.
5.3 Interior meters shall be located in a safe and convenient space, free from charge
or rent, in a heated room suitable for this purpose, as close as possible to the
entrance of the service pipe into the building. The inside meter shall be mounted
in such a manner as to be fully braced to prevent movement.
5.4 Free access shall be afforded to such meters and their connections for Persons
authorized by the Township whenever such access is required.
5.5 Where the Township has reason to believe that a meter is inoperable and is
unable to gain access thereto for inspection and repair, the following steps will be
taken;
1) Written notice will be left at the premises requesting access to the meter
2) A phone call will be made requesting access to the meter
3) A Registered letter will be sent requesting access to the meter
Upon confirmation of receipt of the registered letter the property will be moved to
an annual flat rate of $1200/unit until such time as access is granted and the
meter operable.
5.6 The owner shall be responsible for the security of the meter, and other Township
equipment, and shall pay the Township the value of such meter and equipment
should any damage or loss occur which is, in the opinion of the Director of
Transportation and Environmental Services, due to circumstances beyond
normal wear and tear.
5.7 No Person other than an authorized employee or agent of the Township shall be
permitted to remove, inspect or repair the meter or other equipment of the
Township's Water Works.
5.8 No Person shall willfully alter a meter placed on any service pipe or connected
therewith, within or outside any building or other place, so as to lessen or alter
the amount of water registered.
6. FIRE HYDRANTS
6.1 No Person shall use hydrants connected to any Municipal Water System, other
than;
6.1.1 employees or volunteer firefighters authorized by the Fire Chief;
6.1.2 employees authorized by the Director of Transportation and
Environmental Services.
6.1.3 persons having written permission from the Township to use the hydrants,
under the supervision of the Director of Transportation and Environmental
Services.
6.2 No Person shall, without approval of the Director of Transportation and
Environmental Services or Fire Chief, willfully open or close any hydrant.
6.3 No Person shall, obstruct the access to any hydrant; curb stop, chamber, pipe or
hydrant or sample station.
7. OFFENCES AND PENALTIES
7.1 Every Person is guilty of an offence and upon conviction, shall be liable to the
fines and penalties prescribed by the Provincial Offences Act;
7.1.1 who willfully hinders or interrupts, or causes or procures to be hindered or
interrupted, the Township, its officers, contractors, agents, servants or
workers in the exercise of any of the powers conferred under this By-law;
or;
7.1.2 who contravenes or fails to comply with any provision of this By-law
7.2 The conviction of an offender upon the breach of any provisions of this by-law
shall not operate as a bar to a prosecution against the same offender upon any
continued or subsequent breach of any provision. Section 442 of the Municipal
Act, 2001, S.O. 2001, c.25, as amended from time to time, shall further apply to
any continued or repeated breach of this By-law.
7.3 If any court of competent jurisdiction finds that any of the provisions of this By-
law are ultra vires the jurisdiction of council, or are invalid for any reason, such
provision shall be deemed to be severable and shall not invalidate any of the
other provisions of the By-law, which shall remain in full force and effect.
8. MISCELLANEOUS
8.1 If any provision of this By-law is inconsistent with the Municipal Act, or any other
Act, the Provisions of the applicable Act shall prevail.
8.2 A word interpreted in the singular number has a corresponding meaning when
used in the plural. Where a word references the masculine gender it shall also
include female.
8.3 That this By-law may be cited as the "Water Regulation By-law".
9. REPEAL
9.1 That the Township of Oro-Medonte hereby repeals By-law No.'s 2003-25 and
2004-024.
10. ENACTMENT
That this by-law shall take effect on the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 29TH DAY OF JUNE, 2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 29TH DAY OF
2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. H
Clefk, J. DbugK,4 Irwin`