(a)
The city commission hereby approves and adopts the water conservation
plan revision 2019 (the “plan”), attached to the ordinance
from which this section derives as addendum A, as if recited verbatim
herein. The city commits to implement the requirements and procedures
set forth in the adopted plan.
(b)
The city commission does hereby find and declare that sufficient
written notice of the date, hour, place, and subject of the meeting
adopting the ordinance from which this section derives was posted
at a designated place convenient to the public for the time required
by law preceding the meeting, that such place of posting was readily
accessible at all times during which the ordinance from which this
section derives and the subject matter thereof has been discussed,
considered, and formally acted upon. The city council further ratifies,
approves, confirms such written notice and the posting thereof.
(c)
The city manager or his designee is hereby directed to file a copy
of the plan and the ordinance from which this section derives with
the state water development board.
(d)
The city secretary is hereby authorized and directed to cause publication
of the descriptive caption of the ordinance from which this section
derives as an alternative method of publication provided by law.
(Ordinance 1074, secs. II–IV,
VI, adopted 2/16/10; Ordinance
1114, secs. II, III, V, VI, adopted 9/2/14; 2008 Code, sec. 74-81; Ordinance 1167 adopted 9/17/19)
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.
(1)
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 13.07.043 of this plan.
(2)
It shall be the policy of the city, in order to foster an awareness
of the need to conserve water and to assist the city in managing demand
during periods of high water use, to strongly encourage the citizens
of the city to refrain from watering lawns and landscaping during
the heat of the day. Specifically, citizens are asked not do any outside
watering during the months of May through September between the hours
of 10:00 a.m. and 6:00 p.m.
(Ordinance 1073, exh. A, sec. I,
adopted 2/1/10; Ordinance
1088, sec. 1, adopted 1/16/12; Ordinance 1099, sec. 1, adopted 3/4/13; 2008 Code, sec. 74-51)
Opportunity for the public to provide input into the preparation
of the plan was provided by the city by means of newspaper and commission
meeting.
(Ordinance 1073, exh. A, sec. II,
adopted 2/1/10; 2008 Code, sec.
74-52)
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 means of radio-TV and utility billing.
(Ordinance 1073, exh. A, sec. III,
adopted 2/1/10; 2008 Code, sec.
74-53)
The service area of the city is located within Region A of the
Panhandle Water Planning Group and the city has provided a copy of
this plan to the Panhandle Water Planning Group.
(Ordinance 1073, exh. A, sec. IV,
adopted 2/1/10; 2008 Code, sec.
74-54)
The mayor 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 mayor 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 1073, exh. A, sec. V,
adopted 2/1/10; 2008 Code, sec.
74-55)
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 1073, exh. A, sec. VI,
adopted 2/1/10; 2008 Code, sec.
74-56)
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 nonprofit establishments and governmental entities such as retail
establishments, hotels and motels, restaurants, and office buildings.
Those practices, techniques, and technologies that reduce
the consumption of water, reduce the loss or waste of water, improve
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, or 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 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 as 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 to fill, refill, or add to any indoor or outdoor
swimming pools or jacuzzi-type pools;
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.
(Ordinance 1073, exh. A, sec. VII,
adopted 2/1/10; 2008 Code, sec.
74-57)
(a)
The water superintendent, or his/her designee, 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
the plan. Public notification of the initiation or termination of
drought response stages shall be by means of radio, TV, and newspaper.
(b)
The triggering criteria described below are based on the city’s
water demand exceeding the city’s water supply.
(1)
Stage 1: Summer conservation period.
(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 13.07.037 [13.07.039] beginning on the first day of May every year.
(B)
Requirements for termination.
Stage 1 of the plan
shall be rescinded on the last day of September every year.
(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 13.07.037 [13.07.039] of this plan when the city’s water demand exceeds 80 percent of the city’s water production capacity, for three consecutive days, or the storage capacity of the city’s water system falls below 80 percent capacity for more than 12 hours a day for three 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 three 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 city’s
water demand meets or exceeds 90 percent of the city’s water
production capacity, for three consecutive days, or the storage capacity
of the city’s water system falls below 70 percent capacity for
more than six hours a day for three 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 three 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 city’s
water demand exceeds 95 percent of the city’s water production
capacity for three consecutive days, or the storage capacity of the
city’s water system falls below 60 percent capacity for more
than six hours a day for three 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 three 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 his/her designee, determines that
a water supply emergency exists based on:
(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 three consecutive days.
(6)
Water rationing.
(A)
Requirements for initiation.
Customers shall be required to comply with the water allocation plan prescribed in section 13.07.040 of this plan and comply with the requirements and restrictions for Stage 5 of this plan when the city’s water demand exceeds 105 percent of the city’s water production capacity for three consecutive days, or the storage capacity of the city’s water system falls below 50 percent capacity for more than three hours a day for three consecutive days.
(B)
Requirements for termination.
Water rationing
may be rescinded when all of the conditions listed as triggering events
have ceased to exist for a period of three consecutive days.
(Ordinance 1073, exh. A, sec. VIII,
adopted 2/1/10; Ordinance
1088, sec. 2, adopted 1/16/12; Ordinance 1099, sec. 2, adopted 3/4/13; 2008 Code, sec. 74-58)
The water superintendent, or his/her designee, shall monitor the water supply and/or demand conditions on a daily basis and, in accordance with the triggering criteria set forth in section 13.07.038 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: Summer conservation period.
(A)
Goal.
Achieve a voluntary ten percent reduction in daily
water demand.
(B)
Voluntary water use restrictions.
(i)
Water customers are requested to voluntarily limit the irrigation
of landscaped areas and to irrigate landscapes only between the hours
of 4:00 a.m. and 10:00 a.m. and 6:00 p.m. to 10:00 p.m. each night.
(ii)
All operations of the city shall adhere to water use restrictions
prescribed for Stage 1 of the plan, except the city park irrigation
times may be adjusted to accommodate the needs of the park patrons
and event schedules. However, adherence to the total time allowed
to irrigate shall not be extended.
(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 15 percent or more reduction in daily
water demand.
(B)
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 Sundays, Tuesdays, and Thursdays
for customers with a street address ending in an even number (0, 2,
4, 6 or 8), and Saturdays, Mondays, and Wednesdays for water customers
with a street address ending in an odd number (1, 3, 5, 7 or 9), and
limit the irrigation of landscaped areas to between the hours of 4:00
a.m. and 10:00 a.m. and 6:00 p.m. to 10:00 p.m. each night on designated
watering days. However, irrigation of landscaped areas is permitted
at any time if it is by means of a hand-held hose, a faucet-filled
bucket or watering can of five gallons or less, or a drip irrigation
system.
(ii)
All operations of the city shall adhere to water use restrictions
prescribed for Stage 2 of the plan, except the city park irrigation
times may be adjusted to accommodate the needs of the park patrons
and event schedules. However, adherence to the total time allowed
to irrigate shall not be extended.
(iii)
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 4:00 a.m. and 10:00 a.m. and between 6:00
p.m. and 10:00 p.m. Such washing, when allowed, shall be done with
a hand-held bucket or a hand-held 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 car or truck wash 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 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 4:00 a.m.
and 10:00 a.m. and between 6:00 p.m. and 10:00 p.m.
(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
permit from the city.
(vii)
Use of water for the irrigation of golf course greens, tees,
and fairways is prohibited except on designated watering days between
the hours of 4:00 a.m. and 10:00 a.m. and between 6:00 p.m. and 10:00
p.m. 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. The irrigation schedule may be adjusted to accommodate
tournament play or maintenance activities on the course. However,
adherence to the total time allowed to irrigate shall not be extended.
(viii)
All restaurants are prohibited from serving water to their patrons
except when requested.
(ix)
The following uses of water are defined as nonessential and
are prohibited:
1.
Washdown of any sidewalks, walkways, driveways, parking lots,
tennis courts, or other hard-surfaced areas;
2.
Use of water to wash down buildings or structures for purposes
other than immediate fire protection;
3.
Use of water for dust control;
4.
Flushing gutters or permitting water to run or accumulate in
any gutter or street; and
5.
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 20 percent or more reduction in daily
water demand.
(B)
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 Sundays and Thursdays
for customers with a street address ending in an even number (0, 2,
4, 6 or 8), and Saturdays and Wednesdays for water customers with
a street address ending in an odd number (1, 3, 5, 7 or 9), and limit
the irrigation of landscaped areas to between the hours of 4:00 a.m.
and 10:00 a.m. and 6:00 p.m. to 10:00 p.m. each night on designated
watering days and shall be by means of hand-held hoses, hand-held
buckets, drip irrigation, or permanently installed automatic sprinkler
system only. The use of hose-end sprinklers is prohibited at all times.
(ii)
All operations of the city shall adhere to water use restrictions
prescribed for Stage 3 of the plan, except the city park irrigation
times may be adjusted to accommodate the needs of the park patrons
and event schedules. However, adherence to the total time allowed
to irrigate shall not be extended.
(iii)
The watering of golf course tees is prohibited unless the golf
course utilizes a water source other than that provided by the city.
(iv)
The use of water for construction purposes from designated fire
hydrants under special permit is to be discontinued.
(4)
Stage 4: Critical water shortage conditions.
(A)
Goal.
Achieve a 25 percent or more reduction in daily
water demand.
(B)
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 Sundays and [sic]
for customers with a street address ending in an even number (0, 2,
4, 6 or 8), and Saturdays for water customers with a street address
ending in an odd number (1, 3, 5, 7 or 9), and limit the irrigation
of landscaped areas to between the hours of 4:00 a.m. and 10:00 a.m.
and 6:00 p.m. to 10:00 p.m. each day on designated watering days and
shall be by means of hand-held hoses, hand-held buckets, or drip irrigation.
The use of permanently installed automatic sprinkler systems and hose-end
sprinklers is 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
car or truck wash and commercial service stations and not in the immediate
interest of public health, safety, and welfare is prohibited. Further,
such vehicle washing at commercial car washes 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.
(Ordinance 1073, exh. A, sec. IX,
adopted 2/1/10; Ordinance
1088, sec. 3, adopted 1/16/12; Ordinance 1099, sec. 3, adopted 3/4/13; 2008 Code, sec. 74-59)
In the event that water shortage conditions threaten public
health, safety, and welfare, the mayor is hereby authorized to ration
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 persons unless the customer notifies the city of a greater number of persons per household 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 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 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 city manager. 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 days. In prescribing the method for claiming more than two persons per household, the city manager shall adopt methods to insure 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 persons in a household shall be fined in accordance with the general penalty provided in section 1.01.009 of this code. Residential water customers shall pay the surcharges set forth in the fee schedule in appendix A of this code. 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 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 offices to complete and sign the form claiming more than two 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 days. In prescribing the method for claiming more than two dwelling units, the city manager shall adopt methods to insure 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 persons in a household shall be fined in accordance with the general penalty provided in section 1.01.009 of this code. Customers billed from a master meter under this provision shall pay the monthly surcharges set forth in the fee schedule in appendix A of this code. Surcharges shall be cumulative.
(3)
Commercial customers.
A monthly water usage allocation shall be established by the city manager, or his/her 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 the 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. 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 to determine the allocation. Upon request of the customer or at the initiative of the water superintendent, 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 the surcharges set forth in the fee schedule in appendix A of this code. The surcharges shall be cumulative.
(4)
Industrial customers.
A monthly water usage allocation shall be established by the city manager, or his/her designee, for each industrial customer which uses water for processing purposes. The industrial customer’s allocation shall be approximately 75 percent of the customer’s water usage baseline. Ninety days after the initial imposition of the allocation for industrial customers, the industrial customer’s allocation shall be further reduced to 65 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 six-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 six 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 manager shall give his/her 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 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 water superintendent, the allocation may be reduced or increased if (i) the designated period does not accurately reflect the customer’s normal water usage because the customer had shut down 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 shut down 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) 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 the surcharges set forth in the fee schedule in appendix A of this code. The surcharges shall be cumulative.
(Ordinance 1073, exh. A, sec. X,
adopted 2/1/10; 2008 Code, sec.
74-60; Ordinance adopting 2020 Code)
In the event of water shortage due to drought, the city may
expand current irrigation with reclaimed water, with prior approval
of the executive director of the state commission on environmental
quality (TCEQ).
(Ordinance 1073, exh. A, sec. XI,
adopted 2/1/10; 2008 Code, sec.
74-61)
(a)
In the event of water shortage due to drought, the city will curtail
water diversions to wholesale customers in proportion to curtailment
to all other customers in accordance with Texas Water Code, section
11.039.
(b)
In addition, every contract for the wholesale sale of water that
is entered into, renewed, or extended after the adoption of this plan
will include a provision to curtail deliveries by the wholesale customer
to its customers in proportion to curtailment by the city.
(Ordinance 1073, exh. A, sec. XII,
adopted 2/1/10; 2008 Code, sec.
74-62)
(a)
Violations.
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 his/her designee, in
accordance with provisions of this plan.
(b)
Penalty; discontinuance of service.
Any person who violates this plan is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than $200.00. 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 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 in the amount set forth in the fee schedule in 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 the plan is in effect. Compliance with this plan may also be sought through injunctive relief in the district court.
(c)
Responsibility for violation.
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.
(d)
Citations.
Any employee of the city, police officer,
or other city employee designated by the city manager 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, and
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 three days nor more than five 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 1073, exh. A, sec. XIII,
adopted 2/1/10; 2008 Code, sec.
74-63; Ordinance adopting 2020 Code)
(a)
The city manager, or his/her designee, may, in writing, grant a 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 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:
(b)
Persons requesting an exemption from the provisions of this article
shall file a petition for variance with the city within five days
after the 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 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 the 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 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 1073, exh. A, sec. XIV,
adopted 2/1/10; 2008 Code, sec.
74-64)
