HomeMy WebLinkAboutCLD-11-04
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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:
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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
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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