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HomeMy WebLinkAboutCLD-11-04 "0 t- o1''JI Clf}!jggton REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MARCH 29, 2004 Report #: CLD-11-04 File#: By-law #: Subject: POOL DRAINAGE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1) THAT Report CLD-11-04 be received; 2) THAT the Pool Drainage By-law attached to Report CLD-11-04 be forwarded to Council for approval, and 3) THAT passage of the by-law attached to Report CLD-11-04 be advertised by notice in the local media. Submitted by: " (.J ~LJ!-S (S~ Reviewed by: Franklin Wu, Chief Administrative Officer LC'PLB*cv CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1112 -. .:.- .,,. REPORT NO.: CLD-11'()4 PAGE 2 BACKGROUND AND COMMENT Each spring and fall Municipal Law Enforcement and Operations staff receive complaints concerning individuals who have drained their swimming pools by dumping the water into the rear or side yard, thus flooding the lands of their neighbours. This can result in minor inconveniences or serious damage, depending on the situation. There are currently no regulations governing this activity. The Municipal Act 2001 S.O., c. 25 provides that a municipality may exercise the powers of a natural person. Section 9 of the Act goes on to state that these powers are to be interpreted so as to confer broad authority on municipalities to enable them to respond to municipal issues. Section 96 states that a municipality may exercise its powers under the drainage and flood control sphere of jurisdiction for the purpose of preventing damage to property as a result of flooding. The most logical approach to minimize the impact of pool drainage is to require that the water be directly drained into a storm sewer or, in cases where there is no sewer, the ditch at the side of the road. The homeowner must also ensure that the water flow to the sewer or ditch does not flood the road and cause a traffic hazard. In order to implement this requirement it is recommended that a by-law be passed. Following passage of the by-law, staff will advertise in the local media to advise residents of the requirements of the new by-law. Attachments Attachment 1 - Proposed Pool Drainage By-law 1113 MUNICIPALITY OF CLARINGTON BY-LAW 2004- Being a by-law to regulate drainage from private swimming pools. ponds, artificial ice rinks and sump pumps WHEREAS section 9 of the Municipal Act, S.O. c.25 states that a municipality's powers are to be interpreted broadly so as to confer broad authority on the municipality: and WHEREAS Section 96, provides that a municipality may exercise its power to prevent damage to property as a resuit of flooding: NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. DEFINITIONS: For the purposes of this by-law; 1.1 "Drain" shall mean the emptying or lowering of the level of water from a pool, and drainage shall have a corresponding meaning. 1.2 "Owner" shall include the person or persons shown on the records of the land registry office, or the tax roll of the Municipality, as having title to the land or responsibility for it, as well as the tenant and person or persons lawfully in possession of, or exercising control over, the property. 1.3 "Pool" shall include any swimming pool. hot tub. artificial pond or other similar body of water. 1.4 "Sewer" shall mean any or all parts of the drainage system including gutters, drainage grates and any associated pipes or channels. 2. GENERAL TERMS 2.1 No person shall drain any pool, artificial ice rink or sump water within the Municipality of Clarington other than in compliance with the provisions of this by-law. 2.2 No person shall drain or permit the drainage of any pool, artificial ice rink or sump pump in such a manner as to cause flooding to any adjoining property. 2.3 All drainage shall be directed by means of pipes or hoses directly to the curb at the front of the property and from there to the sewer or, where there is no curb or sewer, to the drainage ditch at the front of the property. 2.4 Where water is drained at the curb or drainage ditch, the water flow shall be restricted so as to prevent flooding of the road. 3. PENALTIES AND CONDITIONS 3.1 Any person who contravenes any provision of this by-law is guilty of an offence and upon conviction shall be liable to a fine as set out in the Provincial Offences Act. . . . 3.2 Should any section, clause, or provision of this By-law be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this By-law as a whole or any part thereof, other than the part so declared to be invalid. 3.3 This by-law shall come into full force and effect immediately upon its final passing by Council. Read a first time this day of , 2004 Read a second time this day of , 2004 Read a third time and finally passed this day of ,2004 Mayor Municipal Clerk