(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.
(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 11.1211 of this plan.
(Ordinance 597-19 adopted 3/18/19)
Opportunity for the public to provide input into the preparation of the plan was provided by the city by means of providing public notice for city council meetings prior to adoption.
(Ordinance 597-19 adopted 3/18/19)
The city will periodically provide the public with information about the plan, including information about the conditions under which each stage of the plan is to be initiated or terminated and the drought response measures to be implemented in each stage. This information will be provided by one or more of the following: announcement in the newspaper and/or on radio, utility bill inserts, Blackboard Connect, the city’s social media pages, and/or the city’s website (www.cityofhallettsville.org).
(Ordinance 597-19 adopted 3/18/19)
The mayor, or 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 mayor, or designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this plan.
(Ordinance 597-19 adopted 3/18/19)
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 the plan include individuals, corporations, partnerships, associations, and all other legal entities.
(Ordinance 597-19 adopted 3/18/19)
For the purposes of this plan, the following definitions shall apply:
Aesthetic Water Use.
Water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens.
Commercial and Institutional Water Use.
Water use, which is integral to the operations of commercial and nonprofit establishments and governmental entities such as retail establishments, hotels and motels, restaurants, and office buildings.
Conservation.
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.
Customer.
Any person, company, or organization using water supplied by city.
Domestic Water Use.
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.
Garbage Days.
Days residential solid waste is picked up in immediate area.
Industrial Water Use.
The use of water in processes designed to convert materials of lower value into forms having greater usability and value.
Landscape Irrigation Use.
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.
Nonessential Water Use.
Water uses that are not essential nor required for the protection of public, health, safety, and welfare, including:
(1) 
Irrigation of landscape areas, including parks, athletic fields, and golf courses, except otherwise provided under this plan;
(2) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane, or other vehicle;
(3) 
Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas;
(4) 
Use of water to wash down buildings or structures for purposes other than immediate fire protection;
(5) 
Flushing gutters or permitting water to run or accumulate in any gutter or street;
(6) 
Use of water to fill, refill, or add to any indoor or outdoor swimming pools or Jacuzzi-type pools;
(7) 
Use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life;
(8) 
Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and
(9) 
Use of water from hydrants for construction purposes or any other purposes other than firefighting.
(Ordinance 597-19 adopted 3/18/19)
(a) 
The mayor, or designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage of the plan. Public notification of the initiation or termination of drought response stages shall be by means of publication in a newspaper of general circulation, or direct mail to each customer, or signs posted in public places, or Blackboard Connect notifications, and include announcements on the city’s website (www.cityofhallettsville.org) and the city’s social media pages.
(b) 
The triggering criteria described below are based on lowered water level tables.
(1) 
Stage 1 - Mild Water Shortage Conditions.
(A) 
Requirements for Initiation.
Customers shall be requested to voluntarily conserve water and adhere to the prescribed restrictions on certain nonessential water uses, defined in Section 11.1207 when the pumpage of the city wells is equal to or greater than 1.1 mgal per day for 3 consecutive days.
(B) 
Requirements for Termination.
Stage 1 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of 2 consecutive days.
(2) 
Stage 2 - 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 11.1207 of this plan when the pumpage of the city wells is equal to or greater than 1.25 mgal per day for 3 consecutive days.
(B) 
Requirements for Termination.
Stage 2 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of 2 consecutive days. Upon termination of stage 2, stage 1 becomes operative.
(3) 
Stage 3 - 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 the pumpage of the city wells is equal to or greater than 1.5 mgal per day for 3 consecutive days.
(B) 
Requirements for Termination.
Stage 3 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of 2 consecutive days. Upon termination of stage 3, stage 2 becomes operative.
(4) 
Stage 4 - Critical 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 4 of this plan when the pumpage of the city wells is equal to or greater than 1.75 mgal per day for 3 consecutive days.
(B) 
Requirements for Termination.
Stage 4 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of 3 consecutive days. Upon termination of stage 4, stage 3 becomes operative.
(5) 
Stage 5 - Emergency Water Shortage Conditions.
(A) 
Requirements for Initiation.
Customers shall be required to comply with the requirements and restrictions for stage 5 of this plan when the mayor, or 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).
(B) 
Requirements for Termination.
Stage 5 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of 1 day and normal storage levels are restored.
(6) 
Water Allocating.
(A) 
Requirements for Initiation.
Customers shall be required to comply with the water allocation plan prescribed in Section 11.1210 of this plan and comply with the requirements and restrictions for stage 5 of this plan when a prolonged electricity outage, source contamination, or system capacity limitations.
(B) 
Requirements for Termination.
Water allocating may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of 1 day and normal storage levels are restored.
(Ordinance 597-19 adopted 3/18/19)
The mayor, or designee, shall monitor water supply and/or demand conditions on a daily basis and, in accordance with the triggering criteria set forth in Section 11.1208 of the plan, shall determine that a mild, moderate, severe, critical, or emergency condition exists, and shall implement the following actions upon publication of notice in a newspaper of general circulation:
(1) 
Stage 1 - Mild Water Shortage Condition.
(A) 
Goal.
Achieve a voluntary 10% percent reduction in total water use.
(B) 
Supply Management Measures.
The city will reduce water demand by reducing flushing of water mains.
(C) 
Voluntary Water Use Restrictions.
(i) 
Water customers are requested to voluntarily limit the irrigation of landscaped areas to garbage days and to irrigate landscapes only between the hours of midnight and 10:00 a.m. and 8:00 p.m. to midnight on designated watering days.
(ii) 
All operations of the city shall adhere to water use restrictions prescribed for stage 1 of the plan.
(iii) 
Water customers are requested to practice water conservation and to minimize or discontinue water use for nonessential purposes.
(2) 
Stage 2 - Moderate Water Shortage Conditions.
(A) 
Goal.
Achieve a 20% percent reduction in total water use.
(B) 
Supply Management Measures.
The city will reduce water demand by reducing flushing of water mains.
(C) 
Water Use Restrictions.
Under threat of penalty for violation, the following water use restrictions shall apply to all persons:
(i) 
Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems shall be limited to garbage days, and irrigation of landscaped areas is further limited to the hours of 12:00 midnight until 10:00 a.m. and between 8:00 p.m. and 12:00 midnight 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.
(ii) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane, or other vehicle is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight. Such washing, when allowed, shall be done with a handheld bucket or a handheld hose equipped with a positive shutoff nozzle for quick rises. 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.
(iii) 
Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or Jacuzzi-type pools is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight.
(iv) 
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.
(v) 
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 permit from the city.
(vi) 
Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days between the hours 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight. However, if the golf course utilizes a water source other than that provided by the city, the facility shall not be subject to these regulations.
(vii) 
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. 
Use of water for dust control, except for street construction and compaction;
d. 
Flushing gutters or permitting water to run or accumulate in any gutter or street; and
e. 
Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s).
(3) 
Stage 3 - Severe Water Shortage Conditions.
(A) 
Goal.
Achieve a 30% percent reduction in total water use.
(B) 
Supply Management Measures.
The city will reduce water demand by discontinuing flushing of water mains and use nonpotable well for nonpotable purposes.
(C) 
Water Use Restrictions.
All requirements of stage 2 shall remain in effect during stage 3 except:
(i) 
Irrigation of landscaped areas shall be limited to designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight and shall be by means of handheld hoses, handheld buckets, drip irrigation, or permanently installed automatic sprinkler system only. The use of hose-end sprinklers is prohibited at all times.
(ii) 
The watering of golf course tees is prohibited unless the golf course utilizes a water source other than that provided by the city municipal water system.
(iii) 
The use of water for direct resale will be discontinued.
(iv) 
The use of water for construction purposes from designated fire hydrants under special permit is to be discontinued.
(v) 
All restaurants are prohibited from serving water to its patrons except when requested.
(4) 
Stage 4 - Critical Water Shortage Conditions.
(A) 
Goal.
Achieve a 40% percent reduction in total water use.
(B) 
Supply Management Measures.
The city will reduce water demand by discontinuing flushing of water mains and use nonpotable well for nonpotable purposes.
(C) 
Water Use Restrictions.
All requirements of stage 2 and 3 shall remain in effect during stage 4 except:
(i) 
Irrigation of landscaped areas shall be limited to designated watering days between the hours of 6:00 a.m. and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight and shall be by means of handheld hoses, handheld buckets, or drip irrigation only. The uses of hose-end sprinklers or permanently installed automatic sprinkler systems are prohibited at all times.
(ii) 
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 between the hours of 6:00 a.m. and 10:00 a.m. and between 6:00 p.m. and 10:00 p.m.
(iii) 
The filling, refilling, or adding of water to swimming pools, wading pools, and Jacuzzi-type pools is prohibited.
(iv) 
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.
(v) 
No applications 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 allowed or approved.
(5) 
Stage 5 - Emergency Water Shortage Conditions.
(A) 
Goal.
Achieve a 50% percent reduction in total water use.
(B) 
Supply Management Measures.
The city will reduce water demand by discontinuing flushing of water mains and use nonpotable well for nonpotable purposes.
(C) 
Water Use Restrictions.
All requirements of stage 2, 3, and 4 shall remain in effect during stage 5 except:
(i) 
Irrigation of landscaped areas is absolutely prohibited.
(ii) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane, or other vehicle is absolutely prohibited.
(Ordinance 597-19 adopted 3/18/19)
In the event that water shortage conditions threaten public health, safety, and welfare, the mayor is hereby authorized to distribute water according to the following water allocation plan:
(1) 
Single-Family Residential Customers.
(A) 
The allocation to residential water customers residing in a single-family dwelling shall be as follows:
Persons per Household
Gallons per Month
1 or 2
6,000
3 or 4
7,000
5 or 6
8,000
7 or 8
9,000
9 or 10
10,000
11 or more
12,000
(B) 
“Household” means the residential premises served by the customer’s meter. “Persons per household” includes only those persons currently physically residing at the premises and expected to reside there for the entire billing period. It shall be assumed that a particular customer’s household is comprised of two (2) persons unless the customer notifies the city of a greater number of persons per household on a form prescribed by the mayor.
(C) 
The mayor shall make every effort to see that such forms are mailed, otherwise provided, or made available to every residential customer. If, however, a customer does not receive such a form, it shall be the customer’s responsibility to go to the city offices to complete and sign the form claiming more than two (2) persons per household. New customers may claim more persons per household at the time of applying for water service on the form prescribed by the mayor. When the number of persons per household increases so as to place the customer in a different allocation category, the customer may notify the city on such form and the change will be implemented in the next practicable billing period. If the number of persons in a household is reduced, the customer shall notify the city in writing within two (2) days. In prescribing the method for claiming more than two (2) persons per household, the mayor shall adopt methods to ensure the accuracy of the claim. Any person who knowingly, recklessly, or with criminal negligence falsely reports the number of persons in a household or fails to timely notify the city of a reduction in the number of person in a household shall be fined not less than $100.00. Residential water customers shall pay the following surcharges:
(i) 
$5.00 for the first 1,000 gallons over allocation.
(ii) 
$10.00 for the second 1,000 gallons over allocation.
(iii) 
$15.00 for the third 1,000 gallons over allocation.
(iv) 
$20.00 for each additional 1,000 gallons over allocation.
Surcharges shall be cumulative.
(2) 
Master-Metered Multifamily Residential Customers.
The allocation to a customer billed from a master meter which jointly measures water to multiple permanent residential dwelling units (e.g., 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 mayor. The mayor shall make every 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 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 mayor. 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 mayor shall adopt methods to ensure the accuracy of the claim. Any person who knowingly, recklessly, or with criminal negligence 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 person in a household shall be fined not less than $200.00. Customers billed from a master meter under this provision shall pay the following monthly surcharges:
(A) 
$5.00 for 1,000 gallons over allocation up through 1,000 gallons for each dwelling unit.
(B) 
$10.00, thereafter, for each additional 1,000 gallons over allocation up through a second 1,000 gallons for each dwelling unit.
(C) 
$15.00, thereafter, for each additional 1,000 gallons over allocation up through a third 1,000 gallons for each dwelling unit.
(D) 
$20.00, thereafter for each additional 1,000 gallons over allocation.
Surcharges shall be cumulative.
(3) 
Commercial Customers.
A monthly water usage allocation shall be established by the mayor, or designee, 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 6,000 gallons, shall be allocated 6,000 gallons. The mayor shall make every 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 to determine the allocation. Upon request of the customer or at the initiative of the mayor, the allocation may be reduced or increased if: (A) the designated period does not accurately reflect the customer’s normal water usage; (B) one nonresidential customer agrees to transfer part of its allocation to another nonresidential customer; or (C) other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established hereunder to the mayor or alternatively, a special water allocation review committee. Nonresidential commercial customers shall pay the following surcharges:
(A) 
Customers whose allocation is 1,000 gallons through 20,000 gallons per month:
(i) 
$2.00 per thousand gallons for the first 1,000 gallons over allocation.
(ii) 
$4.00 per thousand gallons for the second 1,000 gallons over allocation.
(iii) 
$6.00 per thousand gallons for the third 1,000 gallons over allocation.
(iv) 
$8.00 per thousand gallons for each additional 1,000 gallons over allocation.
(B) 
Customers whose allocation is 20,000 gallons per month or more:
(i) 
2 times the block rate for each 1,000 gallons in excess of the allocation up through 5 percent above allocation.
(ii) 
4 times the block rate for each 1,000 gallons from 5 percent through 10 percent above allocation.
(iii) 
6 times the block rate for each 1,000 gallons from 10 percent through 15 percent above allocation.
(iv) 
8 times the block rate for each 1,000 gallons more than 15 percent above allocation.
(C) 
The surcharges shall be cumulative. As used herein, “block rate” means the charge to the customer per 1,000 gallons at the regular water rate schedule at the level of the customer’s allocation.
(4) 
Industrial Customers.
(A) 
A monthly water usage allocation shall be established by the mayor, or designee, 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 85% percent of the customer’s water usage baseline. The industrial customer’s water usage baseline will be computed on the average water usage for the 12-month period ending prior to the date of implementation of stage 2 of the 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 mayor shall make every 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 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 mayor, the allocation may be reduced or increased if:
(i) 
If the designated period does not accurately reflect the customer’s normal water usage 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 usage 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.
(B) 
A customer may appeal an allocation established hereunder to the mayor or alternatively, a special water allocation review committee. Industrial customers shall pay the following surcharges:
(i) 
Customers whose allocation is 1,000 gallons through 100,000 gallons per month:
a. 
$2.00 per thousand gallons for the first 1,000 gallons over allocation.
b. 
$4.00 per thousand gallons for the second 1,000 gallons over allocation.
c. 
$6.00 per thousand gallons for the third 1,000 gallons over allocation.
d. 
$8.00 per thousand gallons for each additional 1,000 gallons over allocation.
(ii) 
Customers whose allocation is 100,000 gallons per month or more:
a. 
2 times the block rate for each 1,000 gallons in excess of the allocation up through 5 percent above allocation.
b. 
4 times the block rate for each 1,000 gallons from 5 percent through 10 percent above allocation.
c. 
6 times the block rate for each 1,000 gallons from 10 percent through 15 percent above allocation.
d. 
8 times the block rate for each 1,000 gallons more than 15 percent above allocation.
(iii) 
The surcharges shall be cumulative. As used herein, “block rate” means the charge to the customer per 1,000 gallons at the regular water rate schedule at the level of the customer’s allocation.
(Ordinance 597-19 adopted 3/18/19)
(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 mayor, or designee, in accordance with provisions of this plan.
(b) 
Any person who violates this plan shall be issued a warning for the first violation.
(c) 
Any person who violates this plan two or more times is guilty of a misdemeanor and, upon conviction shall be punished by a fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00). 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 mayor 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, hereby established at $40.00, and any other costs incurred by the city in discontinuing service. In addition, suitable assurance must be given to the mayor that the same action shall not be repeated while the plan is in effect. Compliance with this plan may also be sought through injunctive relief in the district court.
(d) 
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 parents’ 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.
(e) 
Any employee of the city designated by the mayor or police officer may issue a citation to a person he/she reasonably believes to be in violation of this article. 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 597-19 adopted 3/18/19)
(a) 
The mayor, or designee, may, in writing, grant temporary variance for existing water uses otherwise prohibited under this plan if city council determines 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 the plan is in effect.
(2) 
Alternative methods can be implemented which will achieve the same level of reduction in water use.
(b) 
Persons requesting an exemption from the provisions of this article shall file a petition for variance with the city within 5 days after the plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the mayor, or designee, before being considered by city council and shall include the following:
(1) 
Name and address of the petitioner(s).
(2) 
Purpose of water use.
(3) 
Specific provision(s) of the plan from which the petitioner is requesting relief.
(4) 
Detailed statement as to how the specific provision of the plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this article.
(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 council:
(1) 
Variances granted shall include a timetable for compliance.
(2) 
Variances granted shall expire when the plan is no longer in effect, unless the petitioner has failed to meet specified requirements.
(d) 
No variance shall be retroactive or otherwise justify any violation of this plan occurring prior to the issuance of the variance.
(Ordinance 597-19 adopted 3/18/19)
It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses, and phrases of this article are severable and, if any phrase, clause, sentence, paragraph, or section of this plan shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this plan, since the same would not have been enacted by the city council without the incorporation into this plan of any such unconstitutional phrase, clause, sentence, paragraph, or section.
(Ordinance 597-19 adopted 3/18/19)