By-law Number 79 -2003

of

The Corporation of the City of Brantford

THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE CITY OF BRANTFORD

HEREBY ENACTS AS FOLLOWS:

1. The City of Brantford Municipal Code is amended by adding hereto the attached

Chapter 648.

2. This By-law shall come into effect immediately.

READ A FIRST TIME: MAY 5, 2003

READ A SECOND TIME: MAY 5, 2003

PASSED: MAY 5, 2003

Mayor Clerk

Chapter 648

Water Conservation

Chapter Index

648.1.1 City - Defined

"City" means the Corporation of the City of Brantford.

648.1.2 City Water Supply System - Defined

"City water supply system" means the water production and distribution system owned

and operated by the City and the words "City water" and "water" have a corresponding

meaning.

648.1.3 Commissioner - Defined

"Commissioner" means the Commissioner of Engineering, Public works and Parks and

Recreation and his authorized person.

648.1.4 Established Lawn - Defined

"Established lawn" means any lawn planted for longer than thirty days.

648.1.5 Level I Drought Condition - Defined

"Level I drought condition" means the condition when the flow in the Grand River is less

than 70% of lowest average summer month flow as defined in the Province of Ontario

Low Water Response Plan.

648.1.6 Level II Drought Condition - Defined

"Level II drought condition" means the condition when the flow in the Grand River is less

than 50% of lowest average summer month flow as defined in the Ontario Low Water

Response Plan.

648.1.7 Level III Drought Condition - Defined

"Level III drought condition" means the condition when the flow in the Grand River is less

than 30% of lowest average summer month flow as defined in the Ontario Low Water

Response Plan.

648.1.8 New Lawn - Defined

"New lawn" means any lawn that is installed within the last 30 days.

648.1.9 Nursery - Defined

"Nursery" means a business in which vegetables, fruit, shrubs, flowers or bulbs and

related items are grown for sale, for wholesale or market.

648.1.10 Owner - Defined

"Owner" means all persons shown by the records in the Registry Office of the Registry

Division of Brant Number 2, to be the owner in fee simple of the lot and shall include all

persons shown as the owner in the latest Assessment Roll returned to the City of

Brantford.

648.1.11 Treated Lawn - Defined

"Treated lawn" means a lawn or portion of lawn that has been treated with any

pesticide, herbicide, spray or fertilizer.

648.1.12 Water Device - Defined

"Water device" means any device, including a hose, hose bib, pipe, sprinkler, in-ground

or above ground irrigation system or a hand held vessel not connected to a hose, that is

connected to the City water supply system.

648.2.1 Every person who is a property owner or an occupant who receives water

from the City water supply shall comply with all provisions of this bylaw.

648.3.1 No person shall use City water contrary to the provisions of this bylaw.

648.3.2 No person shall waste water outside a building. The following activities

are considered a wasting of water and include but are not limited to the

following:

a. Use of water for the purpose of irrigation during a rainstorm.

b. Allow puddling or run off of irrigation water.

c. Allow irrigation water to be sprayed onto a paved surface such as

sidewalks, driveways, roadways, curbs or gutters.

d. Washing of vehicles with a hose not equipped with a shut off valve

at the discharge end of the hose.

648.4.1 Time Restrictions

a. Lawn and garden watering restrictions shall be applicable in the

months of June, July and August.

b. No person shall water any lawn, garden, tree, shrub or other

outdoor plant, except between the hours of 7.00 a.m. and 9.00

a.m. and between the hours of 7.00 p.m. and 9 p.m.

c. Properties with municipal addresses having odd numbers may

sprinkle or water within the designated times only on oddnumbered

calendar days.

d. Properties with municipal addresses having even numbers may

sprinkle or water within the designated times only on evennumbered

calendar days.

e. Watering of municipal parks, sports fields, municipal horticultural

areas, traffic islands and other city properties shall be restricted to

alternate days from 11 p.m. to 7 a.m.

f. Watering of golf courses shall be restricted to alternate days from

11 p.m. to 7 a.m.

648.4.2 Watering Ban

The lawn and garden watering ban shall be applicable at any time in a

year when:

a. the Grand River Conservation Authority (GRCA) declares a Level

III Drought Condition, or

b. for any reason when the water levels in the finished water storage

reservoirs drops below 40 percent and the water cannot be

replenished, a lawn and garden-watering ban may be issued at

the discretion of the Commissioner.

648.4.3 In the event that a watering ban is declared, the following activities are

considered to be banned and include but are not limited to the following:

a. watering of any new or established lawn, treated or untreated

lawn, municipal parks or traffic islands at any time using any

means whatsoever

b. watering of vegetable, fruit or flower gardens, plant, tree or shrub

located outside a building

c. use any water for recreational purposes such as spray pads,

swimming pools, garden ponds or decorative fountains

d. use of water for washing of any vehicle on any property that is

within a "Residential" Zone of the City of Brantford Comprehensive

Zoning Bylaw.

e. washing down of outside areas such as boulevards, driveways,

parking lots, sidewalks or patios using water, unless failure to do

so would lead to damage or unsafe conditions.

648.5.1 A Special Permit [referred to as "Permit"] may be issued by the

Commissioner allowing watering at other times, if reasonable justification

is provided.

648.5.2 A Permit shall not be issued to increase the number of days or hours set

out in this by-law.

648.5.3 To obtain the Permit, the owner or tenant of a property must submit a

request to the City's Customer Service Division.

648.5.4 Unless specified, the Permit will be valid only in the year it is issued.

648.5.5 Any Permit issued is not transferable to any new owner or occupant of the

same premises or different premises.

648.5.6 In any event of non-compliance with any condition of the Permit, the

Commissioner may revoke the permit issued under this bylaw.

648.5.7 Any condition in the Permit may be revised by the City if deemed

necessary.

648.6.1 Use of City water for irrigation purposes at commercial establishments

such as nurseries, sod farms, and lawn/garden facilities are exempt from

the requirements of this bylaw.

648.6.2 Newly laid lawns and planted gardens that are less than one month old,

and lawns being treated with any pesticide, herbicide spray or fertilizer

which requires water while being treated and during the next following 24

hours after the application are exempt from the watering restrictions but

not from the watering ban.

648.7.1 All customers who receive City water and who have a private well system

connected to the irrigation system must call the City Customer Service

Division and register as a well water user.

648.8.2 Every person who contravenes any of the provisions of this Chapter is

guilty of an offence and shall, upon conviction thereof, is liable to pay a

penalty recoverable under the provisions of the Provincial Offences Act.

and may also result in City water services being disconnected