[Ord. No. 590-C §1, 8-15-2005]
A. 
This Article shall be known as the "Water Conservation Plan" of the City of Canton, Missouri.
B. 
The following terms, as used in this Article, are defined as follows:
BOARD
The Board of Aldermen of the City of Canton, Missouri.
CONSUMERS AND USERS
Persons receiving water service from the City of Canton, Missouri.
DIRECTOR OF PUBLIC WORKS
The Director of Public Works of the City of Canton, Missouri, or his designee.
EMERGENCY
A sudden or unexpected natural or manmade event restricting the ability of the City of Canton to supply water to customers.
LARGE COMMERCIAL AND INDUSTRIAL CUSTOMERS
Those customers whose service utilizes a three (3) inch or larger water meter.
LONG-TERM
A period of seven (7) or more consecutive days.
PERSONS
As defined in Section 100.080 of the Municipal Code of Canton, Missouri, and includes governmental bodies.
PLAN
The contents of this Article.
SHORT-TERM
A period of fewer than seven (7) consecutive days.
STORED WATER VOLUME
The quantity of water contained in the City of Canton water storage towers and stored at the water treatment plant.
WATER CONSUMPTION
The projected daily unrestricted use of water provided by the City of Canton to customers or users.
[Ord. No. 590-C §2, 8-15-2005]
A. 
Stage One.
1. 
Stage One shall be in force and effect when:
a. 
Stored water volume is equal to or less than fifty percent (50%) of total storage capacity.
b. 
An emergency exists or occurs and the Director of Public Works determines and declares the existence of stored water volume equal to or less than fifty percent (50%) of total storage capacity of the City. Stage One is intended to reduce water consumption by ten percent (10%) as follows:
(1) 
Users and customers shall comply with the following restrictions when using water supplied by the City of Canton during a Stage One emergency:
(a) 
No washing of sidewalks, driveways, parking areas, tennis courts, patios or other paved areas; no pumping of fountain recirculating water.
(b) 
No filling or refilling of swimming pools.
(c) 
No non-commercial washing of motor vehicles, trailers or boats except from a bucket.
(d) 
No use of water for dust control.
(e) 
No flushing of mains by the City of Canton personnel except to alleviate individual water quality problems.
(f) 
No use of water from a fire hydrant except for fighting fires, for human consumption or for necessary watering of animals.
(g) 
No watering of any lawn, garden, landscaped area, tree, shrub or other plant except from a hand-held hose or container or drip irrigation system.
(h) 
No eating establishment shall serve water otherwise than upon specific request.
(i) 
No commercial, industrial or public authority user (including the City of Canton) shall consume more than ninety percent (90%) of the usage during the corresponding billing period in the year prior to implementation of Stages One, Two or Three of the plan.
2. 
When the Director of Public Works has determined and declared that the stored water volume equals at least fifty-five percent (55%) of capacity, or that the emergency causing implementation of Stage One no longer exists, Stage One shall be terminated.
B. 
Stage Two.
1. 
Stage Two shall become effective when:
a. 
Stored water volume is equal to or less than forty percent (40%) of capacity.
b. 
An emergency occurs or continues.
c. 
Stage One has not accomplished a ten percent (10%) reduction in water consumption as determined by the records of pumpage at the City of Canton, Missouri, Water Treatment Plant and the Director of Public Works determines and declares that the existence of (a), (b) or (c) above. Stage Two is intended to accomplish an overall system-wide reduction in water consumption of twenty percent (20%) as follows:
(1) 
Restrictions of Stage One shall remain in effect except that commercial, industrial or public authority users shall consume no more than eighty percent (80%) of the usage during the corresponding billing period in the year prior to implementation of Stages One, Two or Three of the plan, and
2. 
When the Director of Public Works determines and declares that the total volume of water stored by the City of Canton waterworks system has returned to forty-five percent (45%) of capacity, or that the circumstances requiring implementation of Stage Two have sufficiently moderated or been eliminated, Stage Two may, at the discretion of the Director of Public Works, revert to Stage One or be terminated.
C. 
Stage Three.
1. 
Stage Three shall become effective when:
a. 
Stored water volume is equal to or less than thirty percent (30%) of capacity.
b. 
An emergency occurs or continues.
c. 
Stage Two has failed to accomplish a twenty percent (20%) reduction in water consumption as provided herein and the Director of Public Works determines and declares the existence of (a), (b) and (c) of Stage Three. Stage Three is intended to accomplish a thirty percent (30%) reduction in water consumption as follows.
2. 
As respects water supplied by the City of Canton, it shall be unlawful for customers and users to engage in any of the following:
a. 
Washing of sidewalks, driveways, parking areas, tennis courts, patios or other paved areas; pumping of fountain recirculating water.
b. 
Filling or refilling of swimming pools.
c. 
Using water for recreational purposes, such as water slides or yard play.
d. 
Non-commercial washing of motor vehicles, trailers or boats, except from a bucket.
e. 
Use of water for dust control.
f. 
Flushing of mains by City of Canton personnel except to alleviate individual water quality problems.
g. 
Using water from fire hydrants except for fighting fires, for human consumption or for necessary watering of animals.
h. 
Watering of any lawns, gardens, landscaped area, shrub or other plant except from a hand-held hose or container or drip irrigation system.
i. 
Serving of water in eating establishments otherwise than upon specific request.
j. 
Using water supplied by the City of Canton in any motor vehicle washing business; provided however, that the use of recycled water in conformity with a plan submitted to and approved by the City of Canton shall not be deemed a violation of this Section.
3. 
Large user conservation plans. All commercial and industrial users shall adhere to the individual plan for their operation as filed with and approved by the Director of Public Works.
4. 
Commercial, industrial or public authority users who are not required to file individual conservation plans pursuant to this Article shall consume no more than seventy percent (70%) of the usage during the corresponding billing period in the year prior to implementation of Stages One, Two or Three of the plan.
5. 
When the Director of Public Works determines and declares that the total volume of water stored in the City of Canton waterworks system has returned to thirty-five percent (35%) of capacity or that the circumstances (other than water quality) requiring implementation of Stage Three have sufficiently moderated or been eliminated, he shall direct that Stage Three revert to Stage Two or Stage One or be terminated.
[Ord. No. 590-C §3, 8-15-2005]
A. 
Peak Day One (Voluntary).
1. 
Peak Day One shall become effective when the Director of Public Works of the City of Canton determines and declares that:
a. 
The daily treatment capacity of the City of Canton water processing facilities may be exceeded by the daily usage.
b. 
An emergency exists which limits or threatens to limit the amount of water that the City of Canton is able to supply to customers. Peak Day One shall be short-term seeking to accomplish a twenty-five percent (25%) reduction in daily water consumption.
2. 
Reduction shall be measured against water consumption as herein defined. The Director of Public Works shall consider daily production of the water treatment plant, stored water volume, integrity of the transmission and distribution piping systems and other pertinent factors in determining the daily treatment capacity.
3. 
Whenever the Director of Public Works has determined and declared that it is necessary to implement Peak Day One, customers and users shall be encouraged to voluntarily restrict their usage of water supplied by the City of Canton as follows:
a. 
No washing of sidewalks, driveways, parking areas, tennis courts, patios or other paved area; no pumping of fountains recirculating water.
b. 
No filling or refilling of swimming pools.
c. 
No non-commercial washing of motor vehicles, trailers or boats, except from a bucket.
d. 
No use of water for dust control.
e. 
No flushing of mains by the City of Canton personnel except to alleviate individual water quality problems.
f. 
No use of water from fire hydrants except for fighting fires, for human consumption or for necessary watering of animals.
g. 
No watering of any lawn, garden, landscaped area, tree, shrub or other plant except from a hand-held hose or container or drip irrigation system.
h. 
No eating establishment shall serve water otherwise than upon specific request.
i. 
Commercial, industrial or public authority users shall reduce daily water consumption by twenty-five percent (25%).
4. 
When the Director of Public Works determines that the circumstances requiring the measures of Peak Day One no longer exist, he shall direct that Peak Day One be terminated.
B. 
Peak Day Two (Mandatory).
1. 
When the Director of Public Works determines and declares that the measures of Subsection (A) (Peak Day One) of this Section are inadequate to provide necessary water to customers and users, he shall declare that the measures of Peak Day Two shall become effective. Peak Day Two is intended to accomplish a fifty percent (50%) reduction in daily water consumption for the short-term period. Reduction shall be measured against water consumption as herein defined.
a. 
To the extent relevant, the Director of Public Works shall consider the mechanical condition of the City of Canton Water Treatment Plant, integrity of the transmission and distribution piping system, the nature and extent of the emergency (if any) and other pertinent factors in arriving at a decision to require "Peak Day Two" conservation.
b. 
Whenever the Director of Public Works has determined that it is necessary to implement Peak Day Two, it shall be unlawful for customers and users to engage in any of the following activities respecting water supplied by the City of Canton:
(1) 
Washing of sidewalks, driveways, parking areas, tennis courts, patios or other paved areas; pumping of fountain recirculating water.
(2) 
Filling or refilling of swimming pools.
(3) 
Using water for recreational purposes, such as water slides or yard play.
(4) 
Non-commercial washing of motor vehicles, trailers or boats, except from a bucket.
(5) 
Use of water for dust control.
(6) 
Flushing of mains by City of Canton personnel except to alleviate individual water quality problems.
(7) 
Using water from fire hydrants except for fighting fires, for human consumption or for necessary watering of animals.
(8) 
Watering of any lawns, gardens, landscaped area, shrub or other plant except from a hand-held hose or container or drip irrigation system.
(9) 
Serving of water in eating establishments otherwise than upon specific request.
(10) 
Using water supplied by the City of Canton in any motor vehicle washing business; provided however, that the use of recycled water in conformity with a plan submitted to and approved by the City of Canton shall not be deemed a violation of this Section.
c. 
In addition to mandatory restriction in the previous Section, commercial, industrial or public authority users who are not required to file individual conservation plans shall reduce daily short-term consumption by fifty percent (50%).
d. 
Large user conservation plans. All large commercial and industrial users shall adhere to the plan as filed and approved by the Director of Public Works as provided in this Article.
2. 
When the Director of Public Works determines that the daily demand no longer threatens to exceed water treatment capacity or that an actual or imminent shortage of water requiring implementation of Peak Day Two has otherwise been sufficiently moderated or eliminated, he shall direct that Peak Day Two revert to Peak Day One or be terminated.
[Ord. No. 590-C §4, 8-15-2005]
A. 
All persons shall be conclusively presumed to have notice of the implementation of any stage of the plan as herein set forth and shall be subject to the provisions of the plan upon the filing of a notice of such implementation of any Section hereof with the City Clerk of the City of Canton, Missouri, and when a copy of such notice is posted at the customer entrance to the City Office of the City of Canton, Missouri.
B. 
Reasonable effort shall be made to utilize news media and other means to publicize the implementation of various stages of the plan. Notice shall be posted and filed at least twenty-four (24) hours prior to the time of implementation of Stages One, Two and Three and at least two (2) hours prior to the time for implementation of Peak Day One and Peak Day Two.
[Ord. No. 590-C §5, 8-15-2005]
A. 
All large commercial and industrial customers shall submit for approval by the City of Canton within thirty (30) days following the enactment of this Article a water conservation plan setting forth, in reasonable detail, the manner in which such customer proposes to comply with the terms of this Article. Such plan shall be examined by the Public Works Committee of the City of Canton and then submitted to the Board of Aldermen of the City of Canton for approval and approval will be granted if it appears that the plan is reasonably calculated to achieve reduced water consumption as herein provided. Further, any customer who shall become subject to the provisions of this Section of the Article after the effective date of this Article shall, within thirty (30) days, file such plan with the City of Canton pursuant to this Article. Meters used solely for fire protection purposes are not considered subject to this requirement.
B. 
Each individual conservation plan shall set forth the means and manner which the user intends to effect compliance with each Section of this Article.
[Ord. No. 590-C §6, 8-15-2005]
A. 
During any stage of the plan in which the "Water Conservation Service Rate" is in effect, customers will be provided (printed on bills) with at least the penalty for usage amount to be allowed in the upcoming billing period. This penalty for usage amount will be based on the amount of water used during the preceding corresponding billing period in the year previous to the implementation of Stages One, Two and Three of the plan (or based on the applicable average or estimate in the case of new customers, as set forth herein).
B. 
Compliance With The Plan. All persons who receive water service from the City of Canton shall be entitled to receive such water service only upon compliance with the provisions of this Article. Failure to comply with the provisions of this Article shall result in termination of service in the same manner as non-payment of charges. If terminated, service will not be restored until all conservation measures have been removed, subject to the relief provided herein.
[Ord. No. 590-C §7, 8-15-2005]
A. 
Any person who shall violate the provisions of this Article, except for the voluntary portions hereof, or any large commercial or industrial user who fails to comply with the requirements imposed upon large commercial and industrial users, or who fail to adhere to the water conservation plan submitted by that user shall be guilty of a misdemeanor and punishable as provided in Section 100.220 of the Municipal Code of the City of Canton, Missouri.
B. 
Any customer who applies for service during any time the restrictions on water use contained herein are in effect will be advised of that fact by the City of Canton and will be provided the usage for such premises during the corresponding period for the previous year in which such restrictions were not in effect.
C. 
A new large commercial or industrial customer shall be allowed a period of thirty (30) days from the date of service hookup to file an acceptable individual conservation plan. Any new large commercial or industrial customer who fails to file such a plan will, at the discretion of the Board of Aldermen of the City of Canton, be subject to termination of service. Any person desiring to appeal from the termination of service shall be entitled to a hearing before the Board of Aldermen of the City of Canton, Missouri.
[Ord. No. 590-C §8, 8-15-2005]
A. 
Exceptions to the application of use restrictions and relief from the "Conservation Water Service Rate" may be requested in writing, setting forth in reasonable detail the factual basis for such request. Such request shall be signed by the customer making it, delivered to the Director of Public Works and shall include a request for hearing, if one is desired.
B. 
If a hearing is granted, notice of the time and place thereof will be given the applicant within three (3) business days and the matter determined in its entirety within ten (10) business days following the hearing of the request. If no hearing is requested and none is granted, the Director of Public Works shall proceed to consider the application giving due regard to the following factors: major business or process expansion, increase in family size, nature of a business, inequity, hardship and other factors making strict application of the restrictions unjust. Granting of hearing is discretionary with the Director of Public Works.
C. 
Any person aggrieved by a decision of the Director of Public Works may appeal the same to the Board of Aldermen of the City of Canton, Missouri. Appeals from decisions by the Board of Aldermen of the City of Canton, Missouri, shall be as provided under Chapter 536, RSMo.