“OFFICE CONSOLIDATION”

CITY OF WATERLOO

                                                     BY-LAW NO. 03 - 039

BY-LAW PROHIBITING THE INJURY, FOULING, FILLING UP, OR IMPAIRMENT

OF WATER FEATURES WITHIN THE CITY OF WATERLOO.

WHEREAS the Municipal Act, 2001, as amended, provides that the council of a local municipality may pass by-laws with respect to deep waters, dangerous places, refuse and debris, public nuisance and to promote and preserve the health, safety and well being of the inhabitants of the municipality;

NOW THEREFORE the Council for the Corporation of the City of Waterloo hereby enacts as follows:

DEFINITIONS:

1. In this by-law:

(a) “City” means the geographical boundaries of the Corporation of the City of Waterloo;

(b) “Corridor” means the width of a water feature from top of bank to top of bank including any enclosed area in which the water feature is located or, where there is no enclosure, the riparian buffer;

(c) “Intermittent reaches” means any part of a water feature through which water flows only in direct response to precipitation;

(d) “Municipality” means the Corporation of the City of Waterloo;

(e) “Perennial reaches” means any part of a water feature through which water is present during all seasons of the year;

(f) “Person” includes a corporation, partnership, sole proprietorship, and municipality;

(g) “Riparian buffer” means a minimum 30 meter strip of land maintained on each side of a water feature measured from the top of each bank in a direction that is opposite to the location of the water feature;

(o)  “Waste” includes garbage, refuse, debris, litter, grass clippings, tree and garden cuttings, brush and leaves, containers, crockery, dishes, glassware, bottles, plastic containers, cans, paper, cardboard, clothing, any vegetative or animal matter or excretion, broken concrete, asphalt pavement, industrial or chemical lubricants, hydrocarbons, patio slabs, sidewalk slabs and building materials;

(p) “Water feature” includes rivers, lakes, streams, creeks, storm water management ponds, locks, reservoirs, estuaries, swales, man made or natural streams, man made ditches, and other geographical features containing water at some time during the year but does not include private or municipal swimming pools or decorative man-made, self-contained garden ponds on private residential property.

2. No person shall dump, place or discharge waste into any water feature or corridor located within the City.

3. No person shall injure, foul, fill up or impair any water feature within the City.

4. No person shall use or take water from any water feature within the City without first obtaining written permission from the municipality and from all other government agencies as required by law.

5. No person shall use any water feature within the City for recreational purposes including skating, skiing, fishing, boating or swimming without first obtaining permission from the municipality and from all other government agencies as required by law.

6. No person shall introduce any living organism into a water feature within the City without first obtaining written permission from the municipality and all other government agencies as required by law.

7. Every person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to a penalty subject to the provisions of the Provincial Offences Act and every such penalty shall be recoverable pursuant to the said Act.

8. In addition to any other remedy available to the municipality, the municipality may take all reasonable steps to restore the water feature and may add all sums expended for this purpose to the tax roll of the person convicted and such amount shall have the same priority and may be collected in like manner as municipal taxes.

9. This by-law and the enforcement thereof shall not apply to decorative man-made, self-contained garden ponds that are located wholly upon private residential properties.

10. By-law #78-8 is hereby repealed.

11. This by-law shall come into effect on the date of the final passing thereof.

PASSED this 5^th  day of May, 2003.

                                                            _SIGNED LYNNE WOOLSTENCROFT_______

                                                            MAYOR

                                                            __SIGNED SUSAN GREATRIX______________

                                                            ASSISTANT CITY CLERK