CITY OF YORKTON BYLAW NO. 18/2006

Similar documents
CITY OF YORKTON BYLAW NO. 14/2018 COPY

A BYLAW OF THE TOWN OF LA RONGE RESPECTING THE MANAGEMENT OF THE WATERWORKS SYSTEM AND THE TERMS FOR THE SUPPLY OF WATER & SEWER

Bylaw No. 859/07 CONSOLIDATED WORKING COPY

CITY OF PRINCE ALBERT BYLAW NO. 47 OF 2015

CHAPTER XIV WATER AND SEWERS ARTICLE 1. WATER SERVICE

ORDINANCE NO

THE CORPORATION OF THE MUNICIPALITY OF GREY HIGHLANDS BY-LAW NO

BY LAW # Village of Cremona Water Wastewater

THE CITY OF VAUGHAN BY-LAW BY-LAW NUMBER

THE REGIONAL MUNICIPALITY OF PEEL BY-LAW NUMBER A by-law to regulate the Municipal Drinking Water System of the Regional Municipality of Peel

VILLAGE OF BEISEKER BYLAW NO Water and Sewer Bylaw

: t i BY-LAW NUMBER sa OF 1991 OF THE CITY OF SARNIA-CLEARWATER

Chapter XV. Utilities

THE CITY OF VAUGHAN BY-LAW BY-LAW NUMBER

CITY OF QUESNEL BYLAW NO A Bylaw to regulate the use of municipal water services.

CITY OF SNOHOMISH Snohomish, Washington ORDINANCE 1886

THE CORPORATION OF THE CITY OF GRAND FORKS

TOWN OF ROSETOWN BYLAW NO The Water Service Charge Bylaw. (a) This Bylaw may be cited as The Water Service Charge Bylaw.

THE REGIONAL MUNICIPALITY OF PEEL BY-LAW NUMBER

TITLE 18 WATER AND SEWERS 1 CHAPTER 1. WATER. 2. SEWERS. 3. SEWAGE. 4. CROSS CONNECTIONS, AUXILIARY INTAKES, ETC. CHAPTER 1 WATER

THE DISTRICT OF HOPE

ORDINANCE NO. 193 AN ORDINANCE RELATIVE TO THE ADMINISTRATION AND CONDUCT OF THE WATER DEPARTMENT OF THE VILLAGE OF DECATUR.

FRIDLEY CITY CODE CHAPTER 402. WATER, STORM WATER AND SANITARY SEWER ADMINISTRATION

MUNICIPALITY OF CROWSNEST PASS BY-LAW NO. 560, 2001

WATER RATES. An Ordinance Establishing Water Rates and Connection Charges for Water Districts of the Town of Kirkwood, New York. Adopted April 6, 1965

THE FOLLOWING DOCUMENT HAS BEEN REPRODUCED FOR CONVENIENCE ONLY and is a consolidation of the following:

Chapter 8-12 GEOTHERMAL SYSTEM REGULATIONS

Bowen Island Municipality. Snug Cove Sewer Regulation Bylaw No. 46, 2002

CORPORATION OF THE CITY OF NEW WESTMINSTER

CODE OF ORDINANCES, DENVER, IOWA

CHAPTER 18 SEWERS AND SEWAGE DISPOSAL. Part 1 Sewer Connections

An Amendment to Ordinance 52 An Ordinance Establishing Water Regulations City of Ashby, County of Grant, State of Minnesota.

THE CORPORATION OF THE MUNICIPALITY OF BLUEWATER BY-LAW

TITLE 9 UTILITIES AND SERVICES

ORDINANCE # 3602 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SACHSE, PROVIDING FOR FEES UNDER THE MASTER FEE SCHEDULE;

CHAPTER 34:03 WATERWORKS

THE CORPORATION OF THE TOWN OF HAWKESBURY BY-LAW N A By-law on Backflow prevention

"WATERWORKS RATE AND REGULATION BYLAW 2006 NO. 7004"

CHAPTER 196 WATER AND SEWERAGE CORPORATION WATER SUPPLY RULES

Chapter 35 WATER SYSTEM

REGULATION OF THE SANITARY SEWER DISTRICT OF WAUKEE, IOWA, PROVISIONS FOR SEWER RENTAL AND REGULATION CONNECTIONS WITH THE CITY SANITARY SEWER SYSTEM.

TITLE 12 BUILDING, UTILITY, ETC. CODES CHAPTER 1 BUILDING PERMIT

ARTICLE G. CROSS CONNECTION CONTROL; CONTAINMENT PROVISIONS

Bylaw No Bus Lic

Chapter 15 SANITARY SEWERS AND STORM DRAINS*

The Gas Inspection Act, 1993

ORDINANCE NO words with strike through (strike through) the characters are deletions from the text.

By-Law No. 11. Trade Waste

BYLAW 906 (2016) WHEREAS AND WHEREAS AND WHEREAS, AND WHEREAS AND WHEREAS AND WHEREAS AND WHEREAS AND WHEREAS

The Council of the Corporation of the City of Port Coquitlam enacts as follows:

CHAPTER 1 ADMINISTRATION

ORDINANCE NO Charter to adopt and implement necessary and reasonable ordinances in the

WATER RATES BYLAW

EAST NILES COMMUNITY SERVICES DISTRICT RULES AND REGULATIONS REGARDING WATER AND SEWER SERVICE

BUILDING BYLAW

CONSOLIDATED. Sewer Utility Bylaw No. 1600, List of Amendments. Consolidated for Convenience Only

TABLE OF CONTENTS GENERAL PROVISION ADMINISTRATION AND PERSONNEL REVENUE AND FINANCE BUSINESS LICENSES AND REGULATIONS BUILDING AND CONSTRUCTION

TITLE 19 ELECTRICITY AND GAS CHAPTER 1 ELECTRICITY 1

WATER FEES, CHARGES & REGULATIONS BYLAW NO. 916, 2010 CONSOLIDATED VERSION FOR CONVENIENCE ONLY

CHAPTER 410 GENERAL WATER SYSTEM PROVISION

TITLE 19 ELECTRICITY AND GAS CHAPTER 1 ELECTRICITY 1. SECTION To be furnished by Sequatchie Valley Electric

VILLAGE OF HARVEY. By-Law A BY-LAW RESPECTING THE SANITARY SEWERAGE SYSTEM AND SEWER CHARGES

District of Chilliwack. Bylaw No A bylaw to provide for the regulation of holding tanks

ARTICLE 932 Plumbing Requirements

Township of SLIPPERY ROCK BUTLER COUNTY

TITLE 19 ELECTRICITY AND GAS CHAPTER 1 ELECTRICITY. SECTION To be furnished by.

SOIL REMOVAL BYLAW

CHAPTER FOURTEEN FRANCHISE

THE CORPORATION OF THE CITY OF PORT COQUITLAM BYLAW NO CONSOLIDATED FOR CONVENIENCE ONLY

THE CORPORATION OF THE TOWN OF WASAGA BEACH BY-LAW A BY-LAW TO REGULATE THE TOWN OF WASAGA BEACH WATER WORKS AND WASTE WATER UTILITIES

CHAPTER 18 SEWERS AND SEWAGE DISPOSAL

ORDINANCE NO. 12 THE TOWN BOARD OF SUPERVISORS OF THE TOWN OF WHITE BEAR ORDAINS:

JOHNSON COUNTY CODE OF REGULATIONS FOR PRIVATE INFILTRATION AND INFLOW 2010 EDITION

BYLAW NO SUMMER VILLAGE OF VAL QUENTIN

Bylaw No The Sidewalk Clearing Bylaw, Codified to Bylaw No (March 3, 2014)

ORDINANCE NO. 49. BE IT ORDAINED by the Council of the Borough of Indian lake, Somerset County,

The Public Utilities Companies Act

THE TOWN OF BARNSTABLE

ORDINANCE NO AMENDMENTS TO CODE. Section of the 2012 Uniform Plumbing Code is hereby amended to read as follows:

CHAPTER 18 SEWERS AND SEWAGE DISPOSAL PART 1 PUBLIC SANITARY SEWER COLLECTION SYSTEM

DISTRICT OF COLDSTREAM BYLAW NO. 1464, 2005

CHAPTER 11. Streets, Sidewalks and Public Property

THE CORPORATION OF THE CITY OF PENTICTON CONTROLLED SUBSTANCES PROPERTY REMEDIATION BYLAW

AN ORDINANCE TO ADOPT A RESIDENTIAL CODE FOR THE CITY OF MOBILE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, As Follows:

1.2. "the Deposit" means any of the sums paid to BSL in accordance with clause 4.4.

{ ; 2} Page 1 of 4 Bylaw No. 1299, 2013 Sewer Connection Bylaw

LICKING COUNTY GENERAL HEALTH DISTRICT PLUMBING REGULATIONS

1 STATE OF GEORGIA 2 CITY OF COLLEGE PARK 3 ORDINANCE NO AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF COLLEGE PARK,

CERTIFICATE FOR ORDER AMENDING ORDER ESTABLISHING WATER AND SEWER RATES, RULES AND REGULATIONS

CHAPTER 52: WATER Introduction of fluoride into water system Water main specifications Abandoned water wells

A Bylaw to establish rates and charges for the use of the City of Port Coquitlam Sanitary Sewerage System.

CITY OF YORKTON BYLAW NO. 22/2018

THE CORPORATION OF THE TOWN OF WASAGA BEACH BYLAW #

PART 5 BUILDING REGULATIONS AND CODES CHAPTER 1 BUILDING CODES AND REGULATIONS CHAPTER 2 PLUMBING CODE

THE CORPORATION OF THE CITY OF NELSON Optical Fibre Service Bylaw No. 3270, 2013

CITY OF YORKTON BYLAW NO. 9/1997

ORONOKO CHARTER TOWNSHIP COUNTY OF BERRIEN STATE OF MICHIGAN WATER USE AND ENFORCEMENT ORDINANCE ORDINANCE NO. 73

TITLE 11 BUILDINGS AND CONSTRUCTION

CITY OF ENID RIGHT-OF-WAY AGREEMENT

BODEGA BAY PUBLIC UTILITY DISTRICT

Transcription:

CITY OF YORKTON BYLAW NO. 18/2006 Disclaimer: This information has been provided solely for research convenience. Official bylaws are available from the Office of the City Clerk and must be consulted for purposes of interpretation and application of the law.

CITY OF YORKTON SASKATCHEWAN BYLAW NO. 18/2006 A BYLAW OF THE CITY OF YORKTON IN THE PROVINCE OF SASKATCHEWAN RESPECTING THE MANAGEMENT, PROTECTION AND REGULATION OF THE WATERWORKS UTILITY Council of the City of Yorkton may provide for the regulation and operation of the Waterworks Utility of the City as a public utility service and establish the terms under which a public utility service may be supplied; The City of Yorkton has established the works for the collection, treatment, storage, supply and distribution of water; The Council of the City of Yorkton in the Province of Saskatchewan in Council assembled enacts as follows: 1. DEFINITIONS 1.1 In this bylaw: (d) (e) "Act' means The Cities Act. "Applicant" means a person executing an application for, making use of or accepting the supply of water services. "AWWA Standards" means the current published standards of the American Waterworks Association as same may be amended, revised and replaced from time to time. "City" means the City of Yorkton. "Commercial Service" means a service connection to a premise in which a business, profession, industry, trade or commerce is carried on and includes all premises not falling within the definitions of "residential or industrial service." (f) (g) (h) (i) "Corporation Stop" means a device for control of water flow from the City's water main to a water service connection. "Council" means the Council of the City. "Curb Stop" means a device for the control of water flow from the water service connection to a premise where water is supplied. "Customer" means a property owner, tenant, occupant or person in charge or control of a premise, accepting or using any of the customary services provided or supplied by, or in connection with the Waterworks Utility. 1

(j) (k) Industrial Service means a service connection to a premise in which the meter size exceeds 2 and the annual consumption is greater than 12,000,000 gallons. Further that the occupancy or use of the building is for assembling, fabricating, manufacturing or processing raw materials into semi-finished/finished products or equipment and these products are distributed through various agencies and may be sold in other provinces and countries. "Meter" means a device and any appurtenances capable of measuring volume of water, approved as to specification by the Director of Planning and Engineering. (l) "Occupant' includes a person residing on or in lands or buildings, and the person entitled to its or their possession if there is no person residing on or in the land or buildings, and a leaseholder. (m) "Owner" means a person who has any right, title, estate or interest in land or improvements other than that of an occupant, tenant or mortgagee. (n) (o) (p) (q) (r) (s) "Person" includes a corporation, a partnership, and any association or other body. "Premises" means any real property or building. "Property Line" means the dividing line between the street and the lot or parcel to be served with water. "Residential Service" means a service connection used exclusively for domestic purposes through a single meter servicing no more than four living units or apartments. "Service Connection" means the part of the system or works of a public utility that runs from the main lines of the public utility to a building or other place on a parcel of land for the purpose of providing the utility service to the parcel of land, and includes the connection to the main line and couplings, stopcocks, meters and other apparatus inside the building or other place for the provision of the public utility. "Valve" means a device for control of water flow in or from the City's water main or a water service connection. (t) "Waterworks System" means the whole or any part of the equipment by which or through which the City conveys water, its improvement, extension or replacement and, not to limit the generality of the foregoing, includes pumps, filtration system, Water Treatment Plants, reservoirs, water mains, pipe valve connections, corporation stops, hydrants, valves and other related works, curb stops, meters and related appliances, all other appurtenances as are designed to form a part thereof and the treatment processes by which water is treated before conveyance into the water mains. 2

2. ADMINISTRATION 2.1 The Waterworks Utility of the City of Yorkton will be under the general direction and control of the Director of Planning and Engineering who may establish standards, guidelines and specifications for the design, construction and maintenance of the water system. 2.2 The Director of Planning and Engineering or his designate will administer and interpret this bylaw. 2.3 The collection of revenues derived from the Waterworks Utility, the payments of all disbursements and the supervision and control of all records and accounts connected with the utility shall be under the general direction and control of the Director of Finance. 2.4 The Saskatchewan Plumbing and Drainage Regulations, 1996 and as amended from time to time, shall apply to and govern all plumbing and drainage in the City of Yorkton, except as may be altered or revised hereinafter. The Plumbing Inspector shall be a Public Health Officer of the Sunrise Health District. 3. WATER SUPPLY AND SERVICE CONNECTIONS 3.1 Every person wanting water supply from the City shall complete an application in the office of the Director of Finance. In the case of a new service, complete an application with the Planning and Engineering Department and provide the information requested before connection of service is made by the City. 3.2 Upon application for service, the applicant or his authorized agent must pay the City all costs and fees in accordance with Waterworks Sewer and Water Services Bylaw No. 19/2006 and any amendments thereto, prior to the City constructing or repairing any service or connection. 3.3 Upon approval of said application, the City will construct or cause to be constructed, a service connection to the applicant's property line or as specified in the application. 3.4 The owner is responsible for the cost of the construction, maintenance, repair and replacement of the service connection from the City Mains to the building except for the setting of the water meter. 3.5 Applications for plumbing permits shall be made to Building Services Department on the prescribed form and accompanied by the fees as set out from time to time in accordance with this bylaw and current Saskatchewan Plumbing and Drainage Regulations. 3

3.6 Before issuing a plumbing permit, the City shall ensure that the person requesting the permit possesses the following: a certificate of qualification as a journeyman plumber issued by the Province of Saskatchewan; an interprovincial certificate of journeyman qualification; or a person or firm employing one or more of those persons. 3.7 The plumber employed by the owner of the premises in his application will be considered as the agent of the said owner while employed in the work of introducing water into said premises, and will not be recognized as the agent of the City nor will the City or its employees be responsible for the acts of said plumber. 3.8 The tap or corporation stop will be of heavy brass threaded with a stop for shutting off water at the main. The City will determine the size of the tap under application and the position in the street in which any service pipe is to be laid. The standard residential tap shall be 19.6 mm in diameter or as determined by the City. 3.9 The service connection will be copper or approved plastic with a minimum bury of 2.5 metres. The standard residential water meter installed is 15.88 mm. Larger sized meters may be approved at the City's discretion and payment of any extra costs associated shall be at the expense of the applicant. The cost of any meter installed at a commercial property shall be at the expense of the applicant. 3.10 The City will install a curb stop between the curb line and property line. Over the curb stop a metallic curb stop box will be placed at the grade of the abutting sidewalk or street or at such other grade as the City may direct. 3.11 All materials used by the owner in the construction of his portion of the service line or connection will correspond with the City materials. 3.12 All plumbing fixtures located below grade shall be equipped with a gate or check valve between the fixtures and the main sewer. 3.13 No extensions of any mains will be constructed except as authorized by the City. 3.14 The City may install a remote readout complete with wiring as an appurtenance to the existing meter. It shall be installed on the front of the building on a location easily accessible to the City. See 5.3 regarding new home construction. 3.15 Every service pipe will be provided by the owner with a ball valve, of a type approved by the City for the purpose of shutting off and draining the water. It shall be installed within 1 meter after it enters the building and within 0.5 metres before the meter or as determined by the City. 4

3.16 Every owner shall keep and maintain the service line connection, meters, readouts, curb stops, drains and other fixtures on his premises and from his premises up to the water main in good order, repair and keep the line accessible and protected from frost at his own risk and expense. 3.17 In case a service pipe is not protected as provided for in 3.15 and 3.16, the City may turn the supply off without notice and collect any expenses incurred from the owner. Such amounts to be collected with the first bill for the supply of water that will become due against the said premises. 3.18 All water services will have a meter installed, except approved fire service sprinklers provided with an approved backflow prevention device. Only one (1) meter will be supplied for each service connection, unless determined otherwise by the City. Only water meters furnished by the City will be used and shall be and remain the property of the City. All water supplied will be measured by meters supplied, set and owned by the City. 3.19 No branch service will be taken from that part of the service pipe between the curb stop and the meter except an approved fire service approved by the City and Fire Services Department in compliance with 3.18 above. 3.20 Where only a temporary service is required and a meter is not practical, a temporary service may be provided upon written approval of the City and such service will not be turned on until the applicant has first paid the Director of Finance the amount required as deposit. The fees will be as established by the City. 3.21 Where an existing fire hydrant interferes with a property owner's use of property, the hydrant may be relocated by the City at the owner s expense. Where the City is dissatisfied with the grade/location of an existing hydrant due to elevation modifications by the property owner it will be relocated at a better elevation at the property owner's expense. A minimum clearance of one (1) meter will be maintained adjacent to hydrants from all directions and nothing will be constructed, erected or planted which interferes or is liable to interfere with the use of hydrants. 3.22 Water usage from any fire hydrant is prohibited without first obtaining written consent from the City and all requirements of such application being met. 3.23 No booster pump or device will be connected to a main or service line without the written approval of the City. 3.24 When a water service freezes between the premises and the water main, such service may be thawed by making application. The City will thaw the service free of charge for the first freeze-up of the season during normal working hours. Costs for additional freeze-ups or requests for after normal hours work will be paid by the applicant. 5

3.25 No person will tamper with, break or remove any seal installed by the City on any water service. The City will be notified immediately whenever a meter is not operating, the meter becomes damaged or if a seal has been broken. In the event the City is not notified of the malfunction, the City shall in addition to any other penalties as set out in this bylaw, estimate the quantity of water consumed and charge the customer for the water in accordance to the Waterworks Sewer and Water Rate Bylaw No. 20/2006 and any amendments thereto. 3.26 The Council of the City may enter into agreements with customers for the provision of water and sewer services to properties located outside the legal boundaries of the City. Such agreements shall provide for the appropriate rates and any other charges deemed appropriate, which shall be equivalent to the frontage levy, taxes and special fees for utility purposes in effect at the time, or may be in effect from time to time and which would be levied on the property concerned if it were within the City boundaries. In addition, all costs of connecting the utilities and maintaining connections will be paid by the customer. 3.27 No person shall use any alternate source of water supply other that the City water system without first obtaining the written consent of the City. Private wells within the City are not permitted. 3.28 The City may consent to the use of an alternate supply subject to the terms and conditions deemed necessary and may set a limit on the time period it may be used. 3.29 No person who has been granted permission to use an alternate source, or has one in place prior to the passing of this bylaw, shall allow that alternate source of supply to be connected to the water system in any manner without the consent and knowledge of the City. 3.30 Water will not be turned on in any new or old premises until: where deemed necessary, the work has been inspected and approved by a Public Health Officer and/or in the event a service does not meet inspection, the service shall be shut off and reconnect fees shall apply; a meter deposit has been paid for by non-owners. 4. WATER ACCOUNTS 4.1 All bills, charges and accounts are due and payable upon receipt and shall be based on the general rates and charges as set out in Waterworks Sewer and Water Services Bylaw No. 19/2006 and Waterworks Sewer and Water Rate Bylaw No. 20/2006 and any related amendments.. 4.2 Notice of non-payment and shut off will occur if payment is not received after thirty (30) days of being issued. 4.3 Money collected under the provisions of this bylaw are credited to the Water Utility revenue account and will be used solely for payment of capital, operational, reserve and maintenance costs of the utility. 4.4 Money collected for meter deposits are credited to the "Utility Deposit Trust Account." 6

4.5 When a consumer ceases use of the utility and all water rates and charges are paid in full the meter deposit will be refunded. 4.6 When a consumer ceases use of the utility and any charges remain unpaid, the City has the right to apply the amount of the meter deposit against the unpaid account, and the remaining balance if any will be refunded. 4.7 In case of default of payment, the City may enforce payment by: (d) shutting off the water; action in court of competent jurisdiction; distress and sale of goods and chattels of the owner or occupant as authorized under the Act; under provisions of the Act, apply the charges against the owner. 4.8 In the event the water has been disconnected due to default in payment, the consumer shall, in addition to payment of the overdue account, pay to the City a reconnection fee before water service is restored. 4.9 Costs associated with the collection of delinquent accounts shall be added to the outstanding balance. 4.10 If a customer detects a plumbing leakage problem, the Billing Department is to be notified immediately. The customer is encouraged to fix the problem as soon as possible and retain any receipts for the repairs and provide copies of same to the City in accordance with the City's Waterworks Sewer and Water Services Bylaw No. 19/2006. 4.11 The Billing Department shall perform a consumption test to ascertain if the problem is fixed. If an adjustment is warranted, only the most recent bill will be adjusted. The City shall only adjust an account once as an incentive for water conservation. The customer is only entitled to a one (1) time adjustment. In the event the adjustment is disputed, the Director of Finance will conduct a review and the decision is final. Adjustments are available for all accounts. 5. METERS AND READINGS 5.1 The City, meter readers, or persons duly authorized, may at anytime enter upon any premises and properties of any water consumer to examine the pipes, meters and fixtures to; ascertain the quantity and quality of water consumed, the manners of its use, conducting water use surveys, sampling, pressure testing, installing or repairing meters and related equipment or for any other related purpose in accordance with the provisions of this bylaw. 5.2 Access to internal/external readouts, meters and devices is to be unencumbered at all times. 5.3 All new homes constructed in the City shall be wired with four-strand telephone wire by the owner to accept a water meter remote readout. The wire will extend from the internal location of the water meter to the front of the building in a location easily accessible to the City. 7

5.4 If a remote readout has been installed in addition to the existing meter and there is a discrepancy between the readings, the meter shall be the official reading. 5.6 Where a meter is found not in use, fails to register, is not working properly, a scheduled reading is not obtained, or where no meter is installed, the City may estimate the consumption used for any period based on the amount consumed during the time the meter was working or from any other information or source available and shall be considered fair and equitable. Such estimate shall be the basis for billing the customer for the water used. 5.7 The owner may request that a water meter be tested, as per Waterworks Sewer and Water Services Bylaw No. 19/2006, the owner will be responsible for the cost of such test if the meter is found to be measuring accurately. 5.8 Water meters will be read at the discretion of the City. 5.9 If a meter reader cannot enter a premises to obtain a reading a card will be left requesting the customer to notify the City with the reading. The consumer will phone in the meter reading or deliver the water meter card to City Hall within forty-eight (48) hours of receipt. Readings may be verified for any reason. If a reading is not supplied an estimate will apply. 5.10 It will be the duty and responsibility of every owner and occupant to: (d) provide a suitable facility for a horizontal meter installation and convenient accessible location, provide a stop and drain valve on the service pipe inside the building as close as practical to the meter at the point of entry into the building; protect the meter from frost or any other damage; properly and efficiently protect the service line and fixtures leading to the meter from frost or other damage. 5.11 In the case of meter damage through improper protection by the owner or any other cause whatsoever, the meter will be replaced by the City at the owner's expense. 6. TERMINATION OR INTERRUPTION OF SERVICE 6.1 Wherever practical, reasonable notice of the intention to shut off a water service will be given. 6.2 A consumer/property owner intending to vacate a premise supplied with water and wishing to disconnect water service must give reasonable notice by contacting the Director of Finance. 6.3 Whenever a premise supplied by water is vacated, the owner or occupant will turn off the stop on the inside of the building. 6.4 The consumer/property owner shall be liable and responsible for payment of all charges up to and including the date upon which said notice has been filed with the Director of Finance. 8

6.5 The City may at its discretion shut the water off for unnecessary waste of water, refusal to allow entry in accordance with this bylaw or fraudulent misrepresentations on the part of the consumer and the consumer shall be subject to any applicable service charges. 6.6 When a water service has been disconnected for any reason, service will not be reconnected without prior authorization by the Director of Finance. The City reserves the right to disconnect the supply of the water for any reason including, but not limited to, the following: (d) (e) (i) (g) failure to open an account non-payment of a bill failure to provide access excess leakage or wastage of water contamination or potential contamination theft of water or tampering with the meter or seal contravention of any legislation, section of this bylaw, policies, code or regulations as amended time to time. 6.7 In cases of an emergency, as determined by the City, or on constructing new works or repairing existing works, the City has the right to shut off the water for as long as deemed necessary. 6.8 Customers affected by a maintenance shut off will be notified, whenever possible, of the impending shut off to enable the consumer to draw and store water. 6.9 In the case of water service being shut off for any reason and a customer requires uninterrupted service, he shall make arrangements with the City for an alternate supply if practical, and any costs will be paid by the customer. 7. LIMITATION OF LIABILITY 7.1 The City does not guarantee the quantity, quality, pressure, or uninterrupted supply of the water and the consumer undertakes to hold the City harmless from all claims, losses and damages therefrom. 7.2 Any water supplied by the City from the waterworks system to an applicant shall only be supplied on the condition that the applicant shall make no claim against the City, its officials, employees or agents except with respect to damage caused by the negligence of the City, its officials, employees or agents acting within the scope of their employment, as the case may be. It is a further condition of supply that the applicant shall make no claim for any indirect, incidental or consequential damages, including but not limited to, lost profits. Not to limit the generality of the foregoing, neither the City, its officials, employees or agents shall be liable for: actions based on nuisance; or actions in respect of personal injury, death or property damage related to the presence of any substance or material in the water or the waterworks system; or 9

actions in respect of damages related to the interruption or termination of water services or failure or refusal to provide water services, for any reason whatsoever, whether or not notice was provided. 7.3 Water services shall only be supplied on the condition that the applicant shall indemnify and save harmless the City, its officials, employees and agents from and against all claims arising by reason of the supply of water services, excepting those claims caused by negligence as described in 7.2. Not to limit the generality of the foregoing, as a condition of service, the applicant shall indemnify and save harmless the City, its officials, employees and agents from and against claims for personal injury, death or other types of claims whatsoever brought by the applicant or any third party arising directly or indirectly from: (d) the use by any person of the applicant's water services; or the provision of water services at any premises owned or occupied by the applicant or any person to whom the applicant is an agent; or the failure of the waterworks system, the water services connection, the meter, or any part of such service, system or meter or any appurtenance thereto affecting the applicants water service; or the interruption or termination of water services or the failure or refusal to provide services to the applicant for any reason whatsoever, whether or not notice was provided. 7.4 In all places where the waterworks system is connected with hot water boilers or heating, cooling or other such equipment, the owner and the applicant shall ensure that suitable and sufficient devices are utilized to prevent damage to such equipment and to remove danger from collapse, explosion or otherwise if water services are interrupted, terminated or there is any variation in pressure. 7.5 In all places where steam, hot water or any material foreign to that for which the waterworks system was designed to convey may be forced backwards through a water services connection, the owner and applicant shall install a backflow preventer and keep same in a well maintained operable condition. A plan describing the backflow preventer and installation of same shall be filed with the City within thirty (30) days of the installation. 7.6 In the event the owner neglects or fails to comply with 7.4 or 7.5 and damage to any City property results, the owner and applicant shall be jointly and severably liable for all costs of repair. 7.7 Neither the City, its servants nor its employees will be liable for any damages resulting from the loss of supply, pressure or suddenly shutting off the supply of water from any premise, building, boiler, processor or manufacturer deriving its supply from the City, either with or without notice. 7.8 All backflow preventers, required in accordance with this bylaw, shall be inspected and tested at the expense of the customer upon installation and annually thereafter. If a device is defective, it shall be replaced. All repairs, testing and replacement are at the customer s expense. Failure to comply may result in discontinuation of service. 10

7.9 The City shall not be liable for damages: caused by the break of any water main, service, meter, private service, attachment or the breaching of any ditch in the repair or installation thereof; caused by the interference or cessation of water supply necessary in connection with the repair or proper maintenance of the systems; for any accident due to the operation of the City waterworks system unless such costs or damages have been shown to be directly due to the negligence of the City or its employees. 8. RESTRICTED USE 8.1 The City reserves the right to restrict the use of water for fountains, jets, hoses, sprinklers or any other purpose and to restrict, limit and regulate the hours and use of same. 8.2 The Director of Planning and Engineering may limit, restrict, regulate and invoke emergency measures for water conservation and the hours which water may be used for any purpose whatsoever upon written request of the City Manager. The City Clerk will cause notice to be given by publishing such notice in a newspaper published and circulated in the City. Such notice will advise that during the periods specified no person will use water for the purpose set out in the notice and that any person who violates the regulations as set out in the notice will be subject to the penalties hereinafter provided. 8.3 The City maintains the right to restrict the use of water and/or limit the amount of water to any consumer, although no limit may be stated in the application for such use. 8.4 In cases of emergency or water shortage, the City may shut off the water for any manufacturing, processing or any other uses. 9. OFFENCES AND PENALTIES 9.1 No person shall: place any harmful, poisonous, offensive or noisome matter within one hundred and eighty-five (185) metres from any reservoir, well, or test hole; bathe, swim or discharge any sewage or in any way foul or pollute the City water supply, storage and treatment; connect anything to the water-works system which may cause the service to become contaminated. 9.2 No person other than the City shall turn on water to a premise or open a curb stop and no person will turn on water that has been turned off for any purpose. 11

9.3 No person except the City, those having written permission or members of the Yorkton Fire Prevention Services, in case of fire or approved training and testing, shall open, close, interfere, place any obstruction close to any hydrant, gate valve or any type of service connected to the waterworks system. 9.4 No person except the City or those acting with written permission, will tap or make any connection whatsoever with any of the public water mains or private pipes in the City. 9.5 A person shall not: damage, deface, tamper or interfere with any structure, building equipment or any other part of the City's waterworks; (d) (e) (f) (g) (h) (i) wilfully or maliciously hinders or interrupt, the City, its contractors, servants, agents, or employees in the exercise of any of the powers and duties related to the water utility and authorized or contained in this bylaw; break, cause or permit the breaking of any seal on any meter, pipe, valve or other appurtenance of the waterworks system; fail to notify the City of a broken seal on a meter, pipe or appurtenance thereto; fail to protect a meter from frost or any other damage; remove or cause the removal of ground cover above any part of the waterworks system or a water service connection which reduces coverage to less than two and one half (2.5) metres from the grade; install or cause the installation of a pump to increase water pressure on a water service connection other than with the written approval of the City; waste water or supply water for the use or benefit of others; hinder, obstruct or interfere with the Director of Planning and Engineering, the Director of Finance or persons acting under the instructions of either in the lawful exercise of their duties under this bylaw or The Cities Act. (j) (k) make a fraudulent misrepresentation; or use water contrary to the "Restricted Use" provisions as established. 9.6 Every person who commits an offence under Sections 9.2-9.5 of this bylaw is guilty of a summary offence and liable to a fine of Five Hundred ($500.00 ) Dollars. 9.7 The following procedure shall apply for offences committed under Sections 9.2-9.5 of this bylaw: when the City has reason to believe that a person has contravened the provisions of 12

section 9.2-9.5 of this bylaw, the Bylaw Enforcement Officer or the R.C.M.P. may issue a Notice of Violation to every person committing an offence. This notice shall require the person to pay to the Director of Finance the amount named in section 9.6; the fine may be paid: (d) (e) (f) (i) in person, during regular working hours, to the cashier located at City Hall, Yorkton, Saskatchewan; (ii) be deposited, at the depository located at the main entrance to City Hall, Yorkton, Saskatchewan; (iii) by mail, post marked within the prescribed fourteen (14) day period, to the office of the Director of Finance, City Hall, Box 400, Yorkton, Saskatchewan, S3N 2W3. if payment of the fine as provided for in this section is made prior to the date when the person contravening the bylaw is required to appear in court to answer the charge, the person shall not be liable for prosecution of the offence; the amount of the fine under this section shall be discounted to the amount of Four Hundred ($400.00) Dollars if paid within the fourteen (14) calendar days of the date of the Notice of Violation, and upon payment, the person contravening the bylaw shall not be liable for prosecution for that offence; no person who is convicted of an offence for non-compliance is relieved from compliance with the order, and the convicting Provincial Magistrate or Justice of the Peace shall, in addition to any fine, order that person to do, within a specified period of time, any act or work necessary to remedy the non-compliance; where damage is done to property by an unlawful act under this bylaw, the presiding Provincial Magistrate or Justice of the Peace may adjudge payment of all damages occasioned by the unlawful act and the same shall be applied for the reparation and reconstruction of the property damaged or destroyed. 9.8 Every person who contravenes any other provision of this bylaw is guilty of an offence and liable on summary conviction to a fine of: in the case of an individual, to a fine of not less than $500.00 and not more than $10,000.00 or imprisonment for not more than one (1) year or both; and in the case of a corporation, to a fine of not less than $500.00 and not more than $25,000.00 or imprisonment of the directors of the corporation for not more than one (1) year or both. 13

10. SEVERABILITY 10.1 If any section, subsection, sentence, clause, phrase or other portion of this bylaw is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, that portion shall be deemed a separate, distinct and independent provision and the holding of the Court shall not affect the validity of the remaining portions. 11. REPEAL OF OTHER BYLAWS Bylaw No. 10/2003 passed on the 13 th day of January, 2003, Bylaw No. 17/2004 passed on the12 th day of July, 2004 and Bylaw No. 2/2005 passed on the 7 th day of February, 2005 respecting the management and regulation of waterworks, and all amendments thereto are hereby repealed. 12. EFFECTIVE DATE OF BYLAW This bylaw shall come into force and take effect on the day of final passing thereof. Introduced and read a first time this 29 th day of May, A.D., 2006. Read a second time this 29 th day of May, A.D., 2006. Read a third time and adopted this 29 th day of May, A.D., 2006.his MAYOR CITY CLERK 14

15