(a)
In order to conserve the available water supply and protect
the integrity of water supply facilities, with particular regard for
domestic water use, sanitation, and fire protection, and to protect
and preserve public health, welfare, and safety and minimize the adverse
impacts of water supply shortage or other water supply emergency conditions,
the city hereby adopts the following regulations and restrictions
on the delivery and consumption of water through a resolution.
(b)
Water uses regulated or prohibited under this drought contingency plan (the plan) are considered to be nonessential and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in section 24.07.037 of this plan.
(Ordinance O-15-04-16-8B adopted 4/16/15; Ordinance
O-2022-046 adopted 8/15/2022)
Opportunity for the public to provide input into the preparation
of this plan was provided by the city by means of press release, scheduling
and providing public notice of a public meeting to accept input on
this plan.
(Ordinance O-15-04-16-8B adopted 4/16/15; Ordinance
O-2022-046 adopted 8/15/2022)
The city will periodically provide the public with information
about this plan, including information about the conditions under
which each stage of this plan is to be initiated or terminated and
the drought response measures to be implemented in each stage. This
information will be provided by means of press releases, utility bill
inserts, mass emails to customers, social media channels, reverse
911, the city website, or other suitable methods.
(Ordinance O-15-04-16-8B adopted 4/16/15; Ordinance
O-2022-046 adopted 8/15/2022)
The service area of the city is not located within any groundwater
conservation district, is located within regional water planning area
G, and the city has provided a copy of this plan to Regional Water
Planning Group G and K.
(Ordinance O-15-04-16-8B adopted 4/16/15; Ordinance
O-2022-046 adopted 8/15/2022)
The city manager, or his/her designee is hereby authorized and
directed to implement the applicable provisions of this plan upon
determination that such implementation is necessary to protect public
health, safety, and welfare. The city manager, or his/her designee
shall have the authority to initiate or terminate drought or other
water supply emergency response measures as described in this plan.
(Ordinance O-15-04-16-8B adopted 4/16/15; Ordinance
O-2022-046 adopted 8/15/2022)
The provisions of this plan shall apply to all persons, customers,
and property utilizing water provided by the city. The terms "person"
and "customer" as used in this plan include individuals, corporations,
partnerships, associations, and all other legal entities. This plan
does not apply to locations using treated effluent or private wells;
however, any pond, impoundment, body of water, or other water service
that is supplemented, or has the ability to supplement supply, with
potable water provided by the city shall adhere to the provisions
of this plan.
(Ordinance O-15-04-16-8B adopted 4/16/15; Ordinance
O-2022-046 adopted 8/15/2022)
For the purposes of this plan, the following definitions shall
apply:
Water use for ornamental or decorative purposes such as fountains,
reflecting pools, and water gardens.
Water use which is integral to the operations of commercial
and establishments such as retail establishments, hotels and motels,
restaurants, and office buildings. This does not include multifamily
residences or agricultural, industrial, or institutional users.
Those practices, techniques, and technologies that reduce
the consumption of water, reduce the loss or waste of water, improve
the efficiency in the use of water or increase the recycling and reuse
of water so that a supply is conserved and made available for future
or alternative uses.
Any person, company, or organization using water supplied
by the city.
Water use for personal needs or for household or sanitary
purposes such as drinking, bathing, heating, cooking, sanitation,
or for cleaning a residence, business, industry, or institution.
Street addresses, box numbers, or rural postal route numbers
ending in 0, 2, 4, 6, or 8 and locations without addresses.
The use of water in processes designed to convert materials
of lower value into forms having greater usability and value.
Water use by an establishment dedicated to public service,
such as a school, university, church, hospital, nursing home, prison,
or government facility. All facilities dedicated to public service
are considered institutional regardless of ownership.
Water used for the irrigation and maintenance of landscaped
areas, whether publicly or privately owned, including residential
and commercial lawns, gardens, golf courses, parks, and rights-of-way
and medians.
Water uses that are not essential nor required for the protection
of public health, safety, and welfare, including:
Irrigation of landscape areas, including parks, athletic fields,
and golf courses, except otherwise provided under this plan;
Use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane or other vehicle;
Use of water to wash down any sidewalks, walkways, driveways,
parking lots, tennis courts, or other hard-surfaced areas;
Use of water to wash down buildings or structures for purposes
other than immediate fire protection;
Flushing gutters or permitting water to run or accumulate in
any gutter or street;
Use of water in a fountain or pond for aesthetic or scenic purposes
except where necessary to support aquatic life;
Failure to repair a controllable leak(s) within a reasonable
period after having been given notice directing the repair of such
leak(s); and
Use of water from hydrants for construction purposes or any
other purposes other than firefighting.
Street addresses, box numbers, or rural postal route numbers
ending in 1, 3, 5, 7, or 9.
The lesser of Hutto's total available supply and total distribution
capacity. The total available supply is the production capacity of
Hutto's system plus the contracted peak amount of wholesale water
deliveries. This system operating capacity will increase or decrease
with changes to Hutto's water system and/or wholesale contracts.
(Ordinance O-15-04-16-8B adopted 4/16/15; Ordinance
O-2022-046 adopted 8/15/2022)
(a)
The city shall monitor water supply and/or demand conditions
on a daily basis and shall determine when conditions warrant initiation
or termination of each stage of this plan, that is, when the specified
triggers are reached.
(b)
The triggering criteria described below are based on known water
supply capacity limits, contractual requirements, source water constraints,
and other factors.
(1)
Stage 1 triggers - Mild water shortage conditions.
(A)
Requirements for initiation.
Customers shall be requested to voluntarily conserve water and adhere to the prescribed restrictions on certain water uses, defined in section 24.07.037, when any of the following criteria are met:
(B)
Requirements for termination.
Stage
1 of this plan may be rescinded when any of the following conditions
prevail:
(i)
A minimum of 30 days have passed since initiation
of stage 1 and all of the conditions listed as triggering events have
ceased to exist for a period of 5 consecutive days.
(ii)
The total daily water demand has not exceeded
70 percent of the system operating capacity for a period of 3 consecutive
days.
(iii)
The city manager or his/her designee determines
that it is appropriate to terminate stage 1.
(2)
Stage 2 triggers - Moderate water shortage conditions.
(A)
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on certain nonessential water uses provided in section 24.07.039 of this plan when any of the following criteria are met:
(B)
Requirements for termination.
Stage
2 of this plan may be rescinded when any of the following conditions
prevail:
(i)
A minimum of 30 days have passed since initiation
of stage 2 and all of the conditions listed as triggering events have
ceased to exist for a period of 5 consecutive days.
(ii)
The total daily water demand has not exceeded
75 percent of the system operating capacity for a period of 3 consecutive
days.
(iii)
The city manager or his/her designee determines
that it is appropriate to terminate stage 2.
(3)
Stage 3 triggers - Severe water shortage conditions.
(A)
Requirements for initiation.
Customers
shall be required to comply with the requirements and restrictions
on certain nonessential water uses for stage 3 of this plan when any
of the following criteria are met:
(B)
Requirements for termination.
Stage
3 of this plan may be rescinded when any of the following conditions
prevail:
(i)
A minimum of 30 days have passed since initiation
of stage 3 and all of the conditions listed as triggering events have
ceased to exist for a period of 5 consecutive days.
(ii)
The total daily water demand has not exceeded
80 percent of the system operating capacity for a period of 3 consecutive
days.
(iii)
The city manager or his/her designee determines
that it is appropriate to terminate stage 3.
(4)
Stage 4 triggers
- Emergency water shortage conditions.
(A)
Requirements for initiation.
Customers
shall be required to comply with the requirements and restrictions
for stage 4 of this plan when the city manager, or his/her designee,
determines that a water supply emergency exists based on:
(i)
Major water line breaks, or pump or system failures
occur, which cause unprecedented loss of capability to provide water
service; or
(ii)
Natural or manmade contamination of the water
supply source(s).
(iii)
An emergency outage or contamination causes a
loss of supply to the entire or portion of the system.
(iv)
Total daily water demand equals or exceeds 95
percent of the city's system operating capacity for a period of 3
consecutive days.
(v)
Any other water emergency that threatens the protection
of public health, safety and welfare.
(B)
Requirements for termination.
Stage
4 of this plan may be rescinded when any of the following conditions
prevail:
(i)
A minimum of 30 days have passed since initiation
of stage 4 and all of the conditions listed as triggering events have
ceased to exist for a period of 5 consecutive days.
(ii)
The total daily water demand has not exceeded
90 percent of the system operating capacity for a period of 3 consecutive
days.
(iii)
The city manager or his/her designee determines
that it is appropriate to terminate stage 4.
(5)
Stage 5 triggers - Water allocation.
(A)
Requirements for initiation.
Customers shall be required to comply with the water allocation plan prescribed in section 24.07.039 of this plan and comply with the requirements and restrictions for stage 5 of this plan when the city council, the city manager, or his/her designee determines water allocation is necessary.
(B)
Requirements for termination.
Water
allocation to remain in effect for a minimum of one complete billing
cycle and will remain in effect if stage 5 is still in effect at the
beginning of the next billing month. Stage 5 may be rescinded at the
discretion of the city council, the city manager, or his/her designee.
(Ordinance O-15-04-16-8B adopted 4/16/15; Ordinance
O-2022-046 adopted 8/15/2022)
(a)
Monitoring and notification.
The city manager or his/her designee shall monitor water supply and/or demand conditions on a daily basis and, in accordance with the triggering criteria set forth in section 24.07.038 of this plan, shall determine that a mild, moderate, severe, critical, emergency or water shortage condition exists and shall implement the following notification procedures:
(2)
Additional notification.
The city manager or his/her
designee shall notify directly, or cause to be notified directly,
the following individuals and entities:
(A)
Mayor and members of the city council.
(B)
County emergency services district #3 fire chief.
(C)
City emergency management coordinator.
(D)
County judge and commissioner(s).
(E)
TCEQ (required when mandatory restrictions are
imposed).
(F)
Major water users.
(G)
Critical water users, i.e. hospitals.
(H)
Parks/street superintendents and public facilities
managers.
(b)
Response stages.
(1)
Stage 1 response - Mild water shortage conditions.
(A)
Target.
Achieve a voluntary 5 percent
reduction in water use.
(B)
Voluntary water use restrictions for
reducing demand.
(i)
Residential water customers are requested to voluntarily
limit the irrigation of landscaped areas with hose-end sprinklers
or automatic irrigation systems to Sundays and Thursdays for customers
with a street address ending in an even number (0, 2, 4, 6 or 8),
and Saturdays and Tuesdays for water customers with a street address
ending in an odd number (1, 3, 5, 7 or 9), and to irrigate landscapes
only during the hours before 10:00 a.m. and after 8:00 p.m. on designated
watering days. Irrigation of landscaped areas is permitted at any
time if it is by means of a handheld hose, a faucet filled bucket
or watering can of five (5) gallons or less, or drip irrigation system.
Use of a handheld hose, bucket
or watering can should be actively monitored by a responsible person.
(ii)
Industrial, commercial, and institutional water
customers are requested to voluntarily limit the irrigation of landscaped
areas with hose-end sprinklers or automatic irrigation systems to
Mondays and Fridays, and to irrigate landscapes only during the hours
before 10:00 a.m. and after 8:00 p.m. on designated watering days.
Irrigation of landscaped areas is permitted at any time if it is by
means of a handheld hose, a faucet filled bucket or watering can of
five (5) gallons or less, or drip irrigation system. Use of a handheld
hose, bucket or watering can should be actively monitored by a responsible
person.
(iii)
All city operations shall adhere to water use
restrictions prescribed for stage 2 of this plan.
(iv)
Water customers are requested to practice water
conservation and to minimize or discontinue water use for nonessential
purposes.
(v)
Stock at a commercial plant nursery is exempt from
stage 1 watering restrictions. Such establishments are requested to
curtail nonessential water use.
(2)
Stage 2 response - Moderate water shortage conditions.
(A)
Target.
Achieve a 10 percent reduction
in water use.
(B)
(C)
Water use restrictions for demand reduction. Under threat of penalty for violation, the following water use restrictions
shall apply to all persons:
(i)
For residential water customers, irrigation of
landscaped areas with hose-end sprinklers or automatic irrigation
systems shall be limited to Sundays and Thursdays for customers with
a street address ending in an even number (0, 2, 4, 6 or 8), and Saturdays
and Tuesdays for water customers with a street address ending in an
odd number (1, 3, 5, 7 or 9), and irrigation of landscaped areas is
further limited to the hours before 10:00 a.m. and after 8:00 p.m.
on designated watering days. However, irrigation of landscaped areas
is permitted at any time if it is by means of a handheld hose, a faucet
filled bucket or watering can of five (5) gallons or less, or drip
irrigation system. Use of a handheld hose, bucket or watering can
shall be actively monitored by a responsible person.
(ii)
For industrial, commercial, and institutional
water customers, irrigation of landscaped areas with hose-end sprinklers
or automatic irrigation systems shall be limited to Mondays and Fridays
during the hours before 10:00 a.m. and after 8:00 p.m. However, irrigation
of landscaped areas is permitted at any time if it is by means of
a handheld hose, a faucet filled bucket or watering can of five (5)
gallons or less, or drip irrigation system. Use of a handheld hose,
bucket or watering can shall be actively monitored by a responsible
person.
(iii)
Use of water to wash any motor vehicle, motorbike,
boat, trailer, airplane or other vehicle is prohibited except on designated
watering days during the hours before 10:00 a.m. and after 8:00 p.m.
Such washing, when allowed, shall be done with a handheld bucket or
a handheld hose equipped with a positive shutoff nozzle for quick
rinses. Vehicle washing may be done at any time on the immediate premises
of a commercial carwash or commercial service station. Further, such
washing may be exempted from these regulations if the health, safety,
and welfare of the public is contingent upon frequent vehicle cleansing,
such as garbage trucks and vehicles used to transport food and perishables.
(iv)
Use of water to initially fill newly installed
pools is allowed. Use of water to refill, or add to any indoor or
outdoor swimming pools, wading pools, or Jacuzzi-type pools is prohibited
except on designated watering days during the hours before 10:00 a.m.
and after 8:00 p.m. This restriction does not apply to public swimming
pools, which must be maintained pursuant to health regulations.
(v)
Operation of any ornamental fountain or pond for
aesthetic or scenic purposes is prohibited except where necessary
to support aquatic life or where such fountains or ponds are equipped
with a recirculation system.
(vi)
Use of water from hydrants shall be limited to
firefighting, related activities, or other activities necessary to
maintain public health, safety, and welfare, except that use of water
from designated fire hydrants for construction purposes may be allowed
under special permission from the city.
(vii)
All restaurants are prohibited from serving water
to patrons except upon request of the patron.
(viii)
The following uses of water are defined as nonessential
and are prohibited:
a.
Wash down of any sidewalks, walkways, driveways,
parking lots, tennis courts, or other hard-surfaced areas;
b.
Use of water to wash down buildings or structures
for purposes other than immediate fire protection;
c.
Flushing gutters or permitting water to run or accumulate
in any gutter or street; and
d.
Failure to repair a controllable leak(s) within
a reasonable period after having been given notice directing the repair
of such leak(s).
(ix)
Stock at a commercial plant nursery is exempt
from stage 2 watering restrictions. Such establishments are requested
to curtail nonessential water use.
(3)
Stage 3 response - Severe water shortage conditions.
(A)
Target.
Achieve a 20 percent reduction
in daily water use.
(B)
(C)
Water use restrictions for demand reduction. All requirements of stage 2 shall remain in effect during stage
3 except:
(i)
For residential water customers, irrigation of
landscaped areas with automatic sprinkler systems and hose-end sprinklers
shall be limited to one day per week according to the street address
as follows:
|
Last number of address
|
Watering day
|
|---|---|
|
0, 1
|
Monday
|
|
2, 3
|
Tuesday
|
|
4, 5
|
Thursday
|
|
6, 7
|
Friday
|
|
8, 9
|
Saturday
|
If there is no street address associated with the property,
or if there is more than one street address associated with a single
contiguous property, the watering day is Wednesday. Irrigation of
landscaped areas is further limited to the hours before 10:00 a.m.
and after 8:00 p.m. on designated watering days. However, irrigation
of landscaped areas is permitted at any time if it is by means of
a handheld hose, a faucet filled bucket or watering can of five (5)
gallons or less, or drip irrigation system. Use of a handheld hose,
bucket or watering can shall be actively monitored by a responsible
person.
(ii)
For industrial, commercial, and institutional
water customers, irrigation of landscaped areas with hose-end sprinklers
or automatic irrigation systems shall be limited to Wednesdays during
the hours before 10:00 a.m. and after 8:00 p.m. Irrigation of landscaped
areas is permitted at any time if it is by means of a handheld hose,
a faucet filled bucket or watering can of five (5) gallons or less,
or drip irrigation system. Use of a handheld hose, bucket or watering
can shall be actively monitored by a responsible person.
(iii)
Use of water to wash any motor vehicle, motorbike,
boat, trailer, airplane or other vehicle not occurring on the premises
of a commercial carwash and commercial service stations and not in
the immediate interest of public health, safety, and welfare is prohibited.
Further, such vehicle washing at commercial carwashes and commercial
service stations shall occur only during the hours before 10:00 a.m.
and after 8:00 p.m.
(iv)
Use of water to initially fill newly installed
pools is allowed. Use of water to refill or add to any indoor or outdoor
swimming pools, wading pools, or Jacuzzi-type pools is prohibited
except on designated watering days during the hours before 10:00 a.m.
and after 8:00 p.m. This restriction does not apply to public swimming
pools, which must be maintained pursuant to health regulations.
(v)
Operation of any ornamental fountain or pond for
aesthetic or scenic purposes is prohibited except where necessary
to support aquatic life or where such fountains or ponds are equipped
with a recirculation system.
(vi)
Use of water for dust control is absolutely prohibited,
with the exception that type I recycled water can be applied where
contact between humans and the recycled water is likely and type II
recycled water can be applied where contact between humans and the
recycled water is unlikely.
(vii)
Stock at a commercial plant nursery is exempt
from stage 3 watering restrictions. Such establishments are required
to curtail nonessential water use.
(4)
Stage 4 response - Emergency water shortage conditions.
(A)
Target.
Achieve a 40 percent reduction
in daily water use.
(B)
Best management practices for supply
management.
(ii)
The city must comply with water use restrictions
for stage 4 when stage 4 is implemented.
(iii)
The city, if deemed necessary by the city manager
or his/her designee, may utilize alternative water sources including
but not limited to the purchase, delivery, and distribution of bottled
water.
(C)
Water use restrictions for reducing
demand. All requirements of stage 2 and 3 shall remain
in effect during stage 4 except:
(i)
Irrigation of landscaped areas using automatic
irrigation systems or hose-end sprinklers is absolutely prohibited.
(ii)
Irrigation of landscaped areas is permitted once
per week on designated stage 3 days if it is by means of a handheld
hose, a faucet filled bucket or watering can of five (5) gallons or
less, or properly functioning drip irrigation system. Irrigation by
such means is further limited to the hours before 10:00 a.m. and after
8:00 p.m. on designated days. Use of a handheld hose, bucket or watering
can shall be actively monitored by a responsible person.
(iii)
Use of water to wash any motor vehicle, motorbike,
boat, trailer, airplane or other vehicle is absolutely prohibited.
(iv)
Use of water for residential or commercial construction
is absolutely prohibited, with the exception that type I recycled
water can be applied where contact between humans and the recycled
water is likely and type II recycled water can be applied where contact
between humans and the recycled water is unlikely.
(v)
Stock at a commercial plant nursery is exempt from
stage 4 watering restrictions and may be watered on any day by means
of a handheld hose, handheld watering can, or drip irrigation system.
(5)
Stage 5 response - Water allocation. In
the event that water shortage conditions threaten public health, safety,
and welfare, the city manager or his/her designee is hereby authorized
to allocate water according to the following water allocation plan:
(A)
(B)
Master-metered multifamily residential customers.
(i)
The allocation to a customer billed from a master
meter which jointly measures water to multiple permanent residential
dwelling units (example: apartments, mobile homes) shall be allocated
6,000 gallons per month for each dwelling unit. It shall be assumed
that such a customer's meter serves two dwelling units unless the
customer notifies the city of a greater number on a form prescribed
by the city manager. The city manager shall give his/her best effort
to see that such forms are mailed, otherwise provided, or made available
to every such customer. If, however, a customer does not receive such
a form, it shall be the customer's responsibility to go to the city
utility billing offices to complete and sign the form claiming more
than two (2) dwellings. A dwelling unit may be claimed under this
provision whether it is occupied or not. New customers may claim more
dwelling units at the time of applying for water service on the form
prescribed by the city manager. If the number of dwelling units served
by a master meter is reduced, the customer shall notify the city in
writing within two (2) days. In prescribing the method for claiming
more than two (2) dwelling units, the city manager shall adopt methods
to ensure the accuracy of the claim.
(ii)
Any person who falsely reports the number of dwelling
units served by a master meter or fails to timely notify the city
of a reduction in the number of dwelling units commits a class C misdemeanor
offense and shall be fined not less than $100.00. No culpable mental
state is required to prove this offense. If it shown during the trial
of the offense that the offense was committed intentionally, knowingly,
recklessly, or with criminal negligence then the person shall be fined
not less than $500.00 nor more than $2,000.00.
(C)
Commercial customers.
A monthly water allocation shall be established by the city for each nonresidential commercial customer other than an industrial customer who uses water for processing purposes. The nonresidential customer's allocation shall be approximately 75 percent of the customer's usage for corresponding month's billing period for the previous 12 months. If the customer's billing history is shorter than 12 months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. Provided, however, a customer, 75 percent of whose monthly usage is less than 3,000 gallons, shall be allocated 3,000 gallons. The city manager shall give his/her best effort to see that notice of each nonresidential customer's allocation is mailed to such customer. If, however, a customer does not receive such notice, it shall be the customer's responsibility to contact the city utility billing department to determine the allocation. Upon request of the customer or at the initiative of the city manager, the allocation may be reduced or increased if: (i) the designated period does not accurately reflect the customer's normal water usage; (ii) one nonresidential customer agrees to transfer part of its allocation to another nonresidential customer; or (iii) other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established hereunder to the city manager. Nonresidential commercial customers shall pay surcharges as provided in the fee schedule in appendix A of this code. The surcharges shall be cumulative.
(D)
Industrial customers.
A monthly water allocation shall be established by the city for each industrial customer, which uses water for processing purposes. The industrial customer's allocation shall be approximately 90 percent of the customer's water usage baseline. Ninety (90) days after the initial imposition of the allocation for industrial customers, the industrial customer's allocation shall be further reduced to 80 percent of the customer's water usage baseline. The industrial customer's water use baseline will be computed on the average water use for the immediately preceding 12-month period ending prior to the date of implementation of stage 2 of this plan. If the industrial water customer's billing history is shorter than 12 months, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. The city shall give best effort to see that notice of each industrial customer's allocation is mailed to such customer. If, however, a customer does not receive such notice, it shall be the customer's responsibility to contact the city utility billing department to determine the allocation, and the allocation shall be fully effective notwithstanding the lack of receipt of written notice. Upon request of the customer or at the initiative of the city, the allocation may be reduced or increased: (i) if the designated period does not accurately reflect the customer's normal water use because the customer had shutdown a major processing unit for repair or overhaul during the period; (ii) the customer has added or is in the process of adding significant additional processing capacity; (iii) the customer has shutdown or significantly reduced the production of a major processing unit; (iv) the customer has previously implemented significant permanent water conservation measures such that the ability to further reduce water use is limited; (v) the customer agrees to transfer part of its allocation to another industrial customer; or (vi) if other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established hereunder to the city manager. Industrial customers shall pay surcharges as identified in appendix A of this code. The surcharges shall be cumulative.
(E)
Water use restrictions for reducing
demand. All requirements of stage 2, 3 and 4 shall remain
in effect during stage 5 except:
(i)
All variances granted by the city manager under
stage 2, stage 3 and stage 4 shall become null and void upon implementation
of stage 5.
(ii)
No application for new, additional, expanded,
or increased-in-size water service connections, meters, service lines,
pipeline extensions, mains, or water service facilities of any kind
shall be approved, and time limits for approval of such applications
are hereby suspended for such time as this drought response stage
or a higher-numbered stage shall be in effect.
(Ordinance O-15-04-16-8B adopted 4/16/15; Ordinance
O-2022-046 adopted 8/15/2022)
(a)
No person shall knowingly or intentionally allow the use of
water from the city for residential, commercial, industrial, agricultural,
governmental, or any other purpose in a manner contrary to any provision
of this plan, or in an amount in excess of that permitted by the drought
response stage in effect at the time pursuant to action taken by the
city manager, or his/her designee, in accordance with provisions of
this plan.
(b)
Any person who violates this plan is guilty of a class C misdemeanor and, upon conviction shall be punished by a fine in accordance with the general penalty in section 1.01.009 of this code. Each day that one or more of the provisions in this plan is violated shall constitute a separate offense. If a person is convicted of three or more distinct violations of this plan, the city manager shall, upon due notice to the customer, be authorized to discontinue water service to the premises where such violations occur. Services discontinued under such circumstances shall be restored only upon payment of a reconnection charge as provided in the fee schedule of appendix A of this code and any other costs incurred by the city in discontinuing service. In addition, suitable assurance must be given to the city manager that the same action shall not be repeated while this plan is in effect. Compliance with this plan may also be sought through injunctive relief in the district court.
(c)
Any person, including a person classified as a water customer
of the city, in apparent control of the property where a violation
occurs or originates shall be presumed to be the violator, and proof
that the violation occurred on the person's property shall constitute
a rebuttable presumption that the person in apparent control of the
property committed the violation, but any such person shall have the
right to show that he/she did not commit the violation. Parents 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 parent's control shall constitute a rebuttable presumption
that the parent committed the violation, but any such parent may be
excused if he/she proves that he/she had previously directed the child
not to use the water as it was used in violation of this plan and
that the parent could not have reasonably known of the violation.
(d)
Any police officer or other employee of the city designated
by the city manager may issue a citation to a person he/she reasonably
believes to be in violation of this division. The citation shall be
prepared in duplicate and shall contain the name and address of the
alleged violator, if known, the offense charged, and shall direct
him/her to appear in the municipal court on the date shown on the
citation for which the date shall not be less than 3 days nor more
than 5 days from the date the citation was issued. The alleged violator
shall be served a copy of the citation. Service of the citation shall
be complete upon delivery of the citation to the alleged violator,
to an agent or employee of a violator, or to a person over 14 years
of age who is a member of the violator's immediate family or is a
resident of the violator's residence. The alleged violator shall appear
in municipal court to enter a plea of guilty or not guilty for the
violation of this plan. If the alleged violator fails to appear in
municipal court, a warrant for his/her arrest may be issued. A summons
to appear may be issued in lieu of an arrest warrant. These cases
shall be expedited and given preferential setting in municipal court
before all other cases.
(Ordinance O-15-04-16-8B adopted 4/16/15; Ordinance
O-2022-046 adopted 8/15/2022)
(a)
The city manager, or his/her designee, may, in writing, grant
temporary variance for existing water uses otherwise prohibited under
this plan if it is determined that failure to grant such variance
would cause an emergency condition adversely affecting the health,
sanitation, or fire protection for the public or the person requesting
such variance and if one or more of the following conditions are met:
(1)
Compliance with this plan cannot be technically accomplished
during the duration of the water supply shortage or other condition
for which this plan is in effect.
(2)
Alternative methods can be implemented which will achieve the
same level of reduction in water use.
(3)
Strict compliance with the provisions at issue adversely affects
the health, safety, welfare or sanitation of the public, the applicant,
or the environment.
(4)
Strict compliance with the provisions at issue substantially
threatens the applicant's primary source of income, the applicant
is employing all reasonable water conservation measures, and approval
of the variance will not result in water waste.
(5)
A city-authorized irrigation inspector has determined that,
due to its site-specific conditions, a site cannot be watered with
an average coverage of 0.5 inches within the time limits prescribed,
and as applicable, a current irrigation system evaluation is on file
with the city.
(6)
Person has a documented medical hardship or qualifying disability
that prevents the person's strict adherence to these requirements.
(7)
Irrigation of athletic fields is necessary to protect the health
and safety of players and game officials.
(8)
Person who installs new landscapes may irrigate only during
the hours of before 10:00 a.m. and after 8:00 p.m. on any day, for
a period of 30 days after installation. Projects that add plant material
to existing landscape do not qualify for a variance. Replacing or
adding plants or turf to existing, established landscapes will not
be granted a variance. Over-seeding existing turf is not considered
new landscape and will not be given an exemption.
(b)
Persons requesting an exemption from the provisions of this
division shall file a petition for variance with the city within 5
days after this plan or a particular drought response stage has been
invoked. All petitions for variances shall be reviewed by the city
manager, or his/her designee, and shall include the following:
(1)
Name and address of the petitioner(s).
(2)
Purpose of water use.
(3)
Specific provision(s) of this plan from which the petitioner
is requesting relief.
(4)
Detailed statement as to how the specific provision of this
plan adversely affects the petitioner or what damage or harm will
occur to the petitioner or others if petitioner complies with this
division.
(5)
Description of the relief requested.
(6)
Period of time for which the variance is sought.
(7)
Alternative water use restrictions or other measures the petitioner
is taking or proposes to take to meet the intent of this plan and
the compliance date.
(8)
Other pertinent information.
(c)
Variances granted by the city shall be subject to the following
conditions, unless waived or modified by the city manager or his/her
designee:
(d)
No variance shall be retroactive or otherwise justify any violation
of this plan occurring prior to the issuance of the variance.
(Ordinance O-15-04-16-8B adopted 4/16/15; Ordinance
O-2022-046 adopted 8/15/2022)
