The city council hereby adopts the April 2016 city water conservation plan and the April 2016 drought contingency and emergency management plan, which are incorporated herein by reference as if set forth full. A copy of the plan shall be kept on file in the office of the city secretary. The city manager is authorized to order that the appropriate stage of emergency response, as detailed in the emergency water management plan, be implemented. To be effective, the order must be:
(1) 
Made by public announcement; and
(2) 
Published in a newspaper of general circulation in the city within 24 hours after the public announcement, which order becomes immediately effective upon publication.
(Ordinance 12-15 adopted 10/25/12)
(a) 
Generally.
(1) 
On the first violation, customers will be given a written warning that they have violated the applicable water use restriction.
(2) 
On the second and subsequent violations, citations may be issued to customers, with maximum fines established by ordinance.
(3) 
After three (3) violations have occurred, in addition to the authority to issue citations, the city may cut off water service to the customer or seek civil remedies in court.
(b) 
Violation of water conservation plan.
A person commits an offense if he/she knowingly makes, causes, allows or permits:
(1) 
A use of water or waste of water contrary to any provisions of the adopted water conservation plan or the terms and conditions of a variance approved under the provisions of the plan;
(2) 
The lawn or landscape at a premises owned by the person or under their control to be watered between the hours of 10:00 a.m. and 6:00 p.m. between April 1st and October 31st of each year;
(3) 
Watering of lawn or landscaping at a premises owned by the person or under their control to be watered during precipitation or below freezing weather conditions or to allow excessive runoff flowing away from property; or
(4) 
Handwashing of a vehicle using a hose, providing, however, that it is an affirmative defense that a hose end positive shutoff nozzle is used.
(c) 
Violation of drought contingency and emergency management plan.
A person commits an offense if he/she knowingly makes, causes, allows or permits:
(1) 
Use of water or waste of water contrary to the measures implemented by the city manager as prescribed in the adopted drought contingency and emergency management plan. For purposes of this subsection, it is presumed that a person has knowingly made, caused or permitted a use of water contrary to the measures implemented if the mandatory measures have been formally ordered consistent with the terms of the drought contingency and emergency management plan and:
(A) 
The manner of use has been prohibited by the plan;
(B) 
The amount of water used exceeds that allowed by the plan; or
(C) 
The manner or amount used violates the terms and conditions of a variance granted under the provisions of the plan.
(d) 
Person defined.
For purpose of this section, “person” shall include the owner or other person in control of the property. Proof that a violation occurred shall constitute a rebuttable presumption that owner or person in control of the property committed the violation. Parents or legal guardians shall be presumed to be responsible for violations of their minor children and proof that a violation, committed by a child, occurred on property within the parents’ control shall constitute a rebuttable presumption that the parent committed the violation.
(e) 
Discontinuance of water service.
Any person convicted of three (3) or more violations of the water conservation plan or drought contingency and emergency management plan at the same premises within a 12-month period, upon due notice sent to them by the city manager or his/her designee in the same manner and at the same address as their water bill is sent for the premises where the violations occurred, shall have water service discontinued to the premises where the violation occurred. Such discontinued water service shall be restored only upon payment of a reconnection charge, as establish by the city, which shall include all costs incurred by the city, in disconnecting service, and upon giving written assurance, on a form provided by the city, that violations will not be repeated. Compliance may also be sought through injunctive relief in the district court.
(f) 
Variances.
(1) 
Standard of review.
Variance to the water conservation plan or drought contingency and emergency management plan shall be granted or denied at the discretion of the city manager or his/her designee. The city manager may grant a variance if the failure to do so would cause an emergency condition adversely affecting health, sanitation or fire safety for the public or the applicant; compliance with this plan cannot be accomplished due to technical or other limitations; or alternative methods that achieve the same level of reduction in water use can be implemented. If issued, approval of the variance may be subject to reasonable terms and conditions.
(2) 
Content of petition.
All petitions for variances shall be in writing and must include the following information:
(A) 
Name and address of the petitioners.
(B) 
Contact email address and telephone.
(C) 
Purpose of water use.
(D) 
Specific provisions from which relief is requested.
(E) 
Detailed statement on the adverse effect of the provision from which relief is requested.
(F) 
Description of the relief requested.
(G) 
Period of time for which variance is sought.
(H) 
Other pertinent information.
(3) 
Effect of stage elevation.
Variances are considered temporary and must be re-submitted for reconsideration should the drought and emergency response stage elevate from the stage in which the temporary variance was approved.
(4) 
Revocation of variances.
The city manager may revoke a variance granted when the city manager determines that:
(A) 
The conditions supporting the variance are no longer applicable;
(B) 
The terms or condition of the variance are being violated; or
(C) 
The health, safety or welfare of other persons requires revocation.
(Ordinance 16-13 adopted 5/24/16)