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HomeMy WebLinkAboutBy-law No. 2013-064 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2013-064 BEING A BY-LAW TO PROVIDE THE REGULATION OF WATER SUPPLY IN THE MUNICIPALITY OF BAYHAM WHEREAS pursuant to the Municipal Act, 2001, a municipality may pass by-laws respecting "public utilities", which term includes a system that provides drinking water; AND WHEREAS the Municipality of Bayham (the "Municipality") operates a drinking water system (the "Water System") serving the hamlet of Richmond; AND WHEREAS the Water System has capacity constraints which in the Council's opinion, warrant the imposition of restrictions. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1.0 DEFINITIONS In this By-law: 1.1 "Water and Wastewater Manager"means the Water and Wastewater Manager of the Municipality or other person to whom the Council has delegated the responsibility of managing the Water System. 1.2 "Customer"means any person who receives Water from the Richmond Community Water System. 1.3 "External Use of Water" means the use of Water for any purpose outside the walls of a Building. 1.4 "Water"means drinking water supplied by the Water System to customers within the Richmond Community Water System. 2.0 USE OF WATER EXTERNALLY 2.1 For the purpose of conserving Water: a) The External Use of Water is not permitted at any time, without advance written permission from the Water and Wastewater Manager. b) Permission for the temporary External Use of Water may be granted in writing by the Water and Wastewater Manager, subject to such restrictions as the Manager may impose,provided that in the Water and Wastewater Manager's opinion, such use will not adversely affect the Water System or other Customers. 3.0 PROHIBITIONS 3.1 No person shall: a) hinder, interrupt, or cause to be hindered, the officers, contractors, agents, servants or workers of the Municipality, in the exercise of any power conferred herein or otherwise by law; b) discharge or permit the discharge of Water so that such Water runs to waste; c) sell or otherwise dispose of Water for use outside the Customer's own premises, d) without lawful authority, open or close any valve or hydrant; e) acquire Water from a connection without the consent of the Municipality; or f) cause or permit the External Use of Water, without written permission from the Administrator. 4.0 ENFORCEMENT 4.1 Any person who contravenes any provision of this By-law is,upon conviction, guilty of an offence and is liable to any penalty as provided in the Provincial Offences Act. 4.2 The court in which the conviction has been entered, and any court of competent jurisdiction thereafter,may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to any other penalty imposed on the person convicted. 4.3 As a condition of service, every person who,by act, default, neglect or omission occasions any loss, damage or injury to the Municipality's Water System, or any part or appurtenance thereof; is liable to the Municipality for such loss, damage or injury, whether sustained by the Municipality, its Customers or others . 4.4 Every person who wilfully or maliciously damages or causes or knowingly suffers to be damaged any Water, service pipe, conduit,rod, fitting or other equipment belonging to the Municipality or who wilfully impairs or knowingly suffers the same to be altered or impaired, is guilty of an offence and on conviction is liable to a fine, to the use of the Municipality, and for any expenses of repairing or replacing the damaged items and shall also be assessed for the value of Water wasted or consumed, all of which is recoverable under the Provincial Offences Act. 4.5 Every person who wilfully removes, destroys, damages, fraudulently alters or in any way injures any Waterworks or appurtenance thereof is guilty of an offence and on conviction is liable to a fine, to the use of the Municipality, and is also liable for all damages occasioned thereby, which are recoverable under the Provincial Offences Act. 5.0 EFFECTIVE DATE 5.1 This By-law shall come into force and effect on the day of passing. READ A FIRST, SECOND AND THIRD TIME and finally passed this 4th day of July, 2013. 5-4� M: O. CLERK