[R.O. 2008 §705.130; Code 1968 §28-56; CC 1988 §29-196]
Whenever the water supply of the City is low, or whenever the pressure maintained in the water storage facilities or water mains of the City is low, due to conditions of drought or other emergencies which may arise, it shall be the duty of the Mayor to issue a proclamation stating the facts and prohibiting any person from using City water for any purpose other than for essential health, safety and welfare needs.
[R.O. 2008 §705.140; Code 1968 §28-57; CC 1988 §29-197]
As provided in Section 705.120, the Mayor shall implement provisions of this Article to the extent and for such periods as he/she deems necessary for the protection of human life and safety. Such proclamations shall be in effect for periods at the Mayor's discretion. In his/her proclamation the Mayor may provide for a scheduled implementation of restrictions of water use, or he/she may direct such immediate and total restrictions as are provided for in this Article. The Mayor may issue proclamations amending any previously issued by him/her under this Article. The Mayor may rescind or revoke any proclamations made by him/her should the emergency causing such action be resolved.
[R.O. 2008 §705.150; Code 1968 §28-58; CC 1988 §29-198]
Any proclamation issued by the Mayor within the purview of this Article shall be posted in at least two (2) public places within the City and shall also be published at least once in a newspaper generally circulated within the City.
[R.O. 2008 §705.160; Code 1968 §28-59; CC 1988 §29-199]
Any proclamation issued by the Mayor within the scope of this Article shall take effect immediately upon its being posted and published, and shall be in full force and effect until rescinded or revoked by the Mayor.
[R.O. 2008 §705.170; Code 1968 §28-60; CC 1988 §29-200]
All employees of the City, Water Department and all Police Officers are empowered to enforce the provisions of this Article. Also, the City Council shall have the power to appoint any number of persons necessary to enforce the provisions of this Article, who shall themselves have the power of special Policemen with the authority to make arrests for any violations of this Article.
[R.O. 2008 §705.180; Code 1968 §28-61; CC 1988 §29-201; Ord. No. 20-2024, 10-14-2024]
During times of water emergencies proclaimed by the Mayor, it shall be the duty of the Mayor and Enterprise Director to maintain close coordination with the State's Department of Natural Resources and such other agencies of the Federal, State, or other local governments as may have the ability to assist the City during its period of emergency.
[R.O. 2008 §705.190; Code 1968 §28-62; CC 1988 §29-202]
The provisions of this Article shall apply to all persons using water both within and outside the corporate limit of the City, and regardless of whether any person, firm, corporation, or institution using water shall have a contract for water service with the City. These provisions shall also apply to Rural Water District 1 of the County.
[R.O. 2008 §705.200; Code 1968 §28-63; CC 1988 §29-203]
A. 
In times of emergency proclaimed as provided in this Article, the following uses and withdrawals of water by any person shall be prohibited.
1. 
Watering yards, namely, the sprinkling, watering, or irrigating of shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens, vegetables, flowers, or any other vegetation.
2. 
Washing mobile equipment, namely, the washing of automobiles, trucks, trailers, trailer-houses, railroad cars, or any other type of mobile equipment.
3. 
Cleaning outdoor surfaces, namely, the washing of sidewalks, driveways, filling station aprons, porches and other outdoor surfaces.
4. 
Cleaning buildings, namely, the washing of the outside of dwellings and of the inside and outside of office and other commercial buildings.
5. 
Cleaning equipment and machinery, namely, the washing and cleaning of any business or industrial equipment and machinery.
6. 
Swimming pools, namely, swimming and wading pools not employing a filter and recirculating system.
7. 
Ornamental fountains, namely the operation of any ornamental fountain or other structure making a similar use of water.
8. 
"Escape through defective plumbing", namely, the escape of water through defective plumbing, which shall mean the knowing permission for defective plumbing to remain out of repair.
9. 
Sale to bulk haulers, namely, the sale of water to non-metered customers hauling the same to out of town consumers.
10. 
Sale to out of town consumers, namely, all bulk or tank sale, coin-operated facilities where water is sold to persons hauling the same for their own use.
11. 
Automatic or commercial car washes, namely, commercial coin-operated car wash or any other type of mobile equipment commercial washing operation.
12. 
Cooling water, namely, water used for cooling machinery, air conditioning, or heating unless such water is recycled within a closed system.
13. 
Dust control, namely, water used for the control of dust.
14. 
Flushing mains, namely, flushing of water mains by City employees except to alleviate specific customer complaints.
15. 
Use from a fire hydrant, namely, use of water from a fire hydrant except for fighting fires, human consumption, or use in connection with animals.
[R.O. 2008 §705.210; Code 1968 §28-64; CC 1988 §29-204]
It is mandatory that within forty-eight (48) hours after the posting of the Mayor's proclamation under this Article all customers with a two (2) inch water meter (this does not include meters strictly for fire protection only) submit a water conservation plan in writing to the Mayor for approval. Such plan shall incorporate all uses prohibited in Section 705.190 of this Article and shall immediately when approved be put into effect. Such plan shall only be approved if average consumption is reduced by fifty percent (50%). Failure to submit such plan shall result in the penalty provisions of this Article being enacted immediately.
[R.O. 2008 §705.220; Code 1968 §28-65; CC 1988 §29-205]
In times of emergency any restrictions imposed on the consumption of water within the City shall first be levied against industrial, institutional, and business users, with the Mayor hereby empowered to limit the consumption of water by industrial, institutional, and business users to the amount used by such users during the corresponding month of the year previous to the emergency, a fraction thereof, or he/she may suspend such services entirely when, in his/her opinion, the welfare of the City so warrants. If no previous year consumption data is available, the Mayor shall establish a formula establishing a consumption average.
[R.O. 2008 §705.230; Code 1968 §28-66; CC 1988 §29-206]
In any proclamation issued by the Mayor pursuant to this Article curtailing the usage of water by business or industrial customers, provisions may be made to allow water usage by those businesses and industries that are, in the Mayor's opinion, necessary for the public health, safety, and welfare.
[R.O. 2008 §705.240; Code 1968 §28-67; CC 1988 §29-207; Ord. No. 20-2024, 10-14-2024]
It shall be the responsibility of the Enterprise Director to keep current and have available such records of water usage as may be necessary to implement the provisions of this Article, including the amount of water available for sale by the City and that normally consumed by its several customers.
[R.O. 2008 §705.250; Code 1968 §28-68; CC 1988 §29-208]
The restrictions herein imposed on the consumption of water within the City shall apply to residential users to the extent that the Mayor may also restrict the usage of water to certain hours of the day, divide the City into sections for the purpose of alternating water service on a scheduled basis, besides making applicable to such customers provisions of the preceding Sections of this Article. The Mayor is also hereby empowered to limit the consumption by residential users to the amount used by such users during the corresponding month of the year previous to the emergency, a fraction thereof, or he/she may suspend such services entirely when, in his/her opinion, such customer does not intend to practice water conservation at the expense and general welfare of other citizens. If no previous year consumption data is available, the Mayor shall establish a formula establishing a consumption average.
[R.O. 2008 §705.260; Code 1968 §28-69; CC 1988 §29-209]
Notwithstanding other provisions set forth in this Article, the Mayor shall have the authority to permit a reasonable use of water in any case necessary to maintain adequate health and sanitation standards.
[R.O. 2008 §705.270; Code 1968 §28-70; CC 1988 §29-210]
Whenever a customer of the Water Department continues to violate the provisions of this Article, the Mayor may have such customer's water service disconnected at the water main and all costs for such disconnection shall be payable by such customer. Reinstatement of such service shall be at the discretion of the Mayor.
[R.O. 2008 §705.280; Code 1968 §28-71; CC 1988 §29-211]
The Mayor, with the approval of the City Council, is hereby empowered to increase the costs of water service by fifty percent (50%) during an emergency if a customer violates the provisions of this Article.
[R.O. 2008 §705.290; Code 1968 §28-72; CC 1988 §29-212]
Any person who uses any water furnished by the City in violation of this Article shall be deemed guilty of a misdemeanor, and upon conviction may be punished as provided in Section 100.170 of this Code.