In order to conserve the available water supply and protect
the integrity of water supply facilities, with particular regard to
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.
The city by means of public notice in the newspaper and direct
mail to wholesale customers provided opportunity for customers to
provide input into the preparation of this plan.
The city will periodically provide the public with information
about the plan, including information about the conditions under which
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, water bill inserts, and
the city’s web page.
The provisions of this plan shall apply to all persons, customers
and property utilizing water provided by the city. The terms “persons”
and “customer” as used in the plan include individuals,
corporations, partnerships, associations, and all other legal entities.
For the purposes of this plan, the following definitions shall
apply:
Water used 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
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 use.
Any person, company, or organization using water supplied
by City of Channing.
Water used for personal needs or for household or sanitary
purposes such as drinking, bathing, 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 used for the irrigation and maintenance of landscaped
areas, whether publicly or privately owned, including residential
and commercial lawns, gardens, parks, and rights-of-way and medians.
Water uses that are not essential or required for the protection
of public, health, safety, and welfare.
Street addresses, box numbers, or rural postal route numbers
ending in 1, 3, 5, 7, or 9.
Customers purchasing water from the City of Channing and
redistributing it for a fee to their own customers.
(a)
When conditions defined by the drought contingency plan are present,
the water works director, or his/her designee, in consultation with
the city mayor, may authorize drought condition operations in the
entire city water service area or for a limited area affected by equipment
failure or limited capacity.
(b)
Once the authorization has been given, operations shall continue
under the drought contingency plan, with progression from one stage
to another as determined by the appropriate trigger conditions executed
by the water works director.
(c)
Public notification of the initiation or termination of drought response
stages shall be by means of direct mail, newspaper or other media
available.
(a)
Stage 1 - Mild drought conditions
(1)
Requirement for initiation.
Customers shall be requested
to voluntarily conserve water and adhere to the prescribed restrictions
on certain water uses for stage 1 of this plan when mild drought conditions
exist and requests from the city initiate the appropriate stage of
their drought contingency plan.
(2)
Drought responses
(A)
Goal.
Achieve a voluntary 10 percent reduction
in daily water demand.
(B)
Voluntary water use restrictions
(i)
Customers are requested to voluntarily limit the irrigation
of landscaped areas. Tuesdays and Fridays for customers with a street
address ending in an even number. Mondays and Thursdays for customers
with a street address ending in an odd number, and to irrigate landscapes
only between the hours 12:01 a.m. to 3:00 a.m. and/or 8:00 p.m. to
12:00 midnight on designated watering days.
(ii)
All operations of the city shall adhere to water use restrictions
prescribed for in stage 2 of this plan.
(iii)
Water customers are requested to practice water conservation
and to minimize or discontinue water use for nonessential purposes.
(3)
Requirements for termination.
Stage 1 of this plan may
be rescinded when notification is received from city, that triggering
conditions for stage 1 have ceased.
(b)
Stage 2 - Moderate drought conditions
(1)
Requirement for initiation.
Customers shall be required
to comply with the requirements and restrictions on certain nonessential
water uses for stage 2 of this plan when, notification is received
from NTMWD that moderate drought conditions exist and requests that
the city initiate the appropriate stage of their drought contingency
plan.
(2)
Drought responses
(A)
Goal.
Achieve a 20 percent reduction in daily
water demand.
(B)
Supply management measures.
Discontinue flushing
water mains, reduce irrigation of public landscaped areas, limit construction
line filling and blowing off for disinfecting purposes.
(C)
Water use restrictions.
Under threat of penalty
for violation, the following water use shall apply to all customers:
(i)
Irrigation of landscaped areas with hose-end sprinklers or automatic
irrigation shall be limited to garbage pickup days only, between the
hours of 8:00 p.m. and 12:00 midnight on designated water days. However,
irrigation of landscaped areas is permitted at any time if it is by
means of 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 motor vehicle, motorbike, boat, trailer,
airplane or other vehicle is prohibited except on designated watering
days between the hours of 1:00 p.m. and 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
are 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 10:00 a.m.
and 6:00 p.m.
(iv)
Operation of any ornamental fountain or pond for aesthetic or
scenic purposes is prohibited except when 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. Water for construction purposes from
designated fire hydrants, may be used by obtaining special permit
issued by the water works director.
(vi)
All restaurants are prohibited from serving water to its patrons
except when requested.
(vii)
The following uses of water are defined as nonessential and
are prohibited:
a.
Wash down of 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;
d.
Flushing gutters or permitting water to run or accumulate in
any gutter or street; and
e.
Failures to repair controllable leak(s) within a reasonable
period.
(3)
Requirements for termination.
Stage 2 of this plan may
be rescinded when notification is received from NTMWD, that triggering
conditions for stage 2 have ceased. Upon termination of stage 2, stage
1 becomes operative.
(c)
Stage 3 - Severe drought conditions
(1)
Requirement 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, notification is received
from NTMWD that severe drought conditions exist and requests that
the city initiate the appropriate stage of their drought contingency
plan.
(2)
Drought responses
(A)
Goal.
Achieve a 30 percent reduction in daily
water demand.
(B)
Supply management measures.
Discontinue flushing
water mains, prohibit irrigation of public landscaped areas, prohibit
construction line filling and blowing off for disinfecting 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 a designated
watering day (trash pick-up day), for all residential and commercial
customers. By means of handheld hoses, handheld buckets, drip irrigation,
or permanently installed automatic sprinkler system only. The use
of hose-end sprinklers is always prohibited.
(ii)
The use of water for construction purposes from designated fire
hydrants under special permit is discontinued.
(3)
Requirements for termination.
Stage 3 of this plan may
be rescinded when notification is received from NTMWD, that triggering
conditions for stage 3 have ceased. Upon termination of stage 3, stage
2 becomes operative.
(a)
Stage 1 - Mild limitations
(1)
Requirement for initiation.
Mild limitation operations
are initiated when, total daily water demand equals or exceeds 90
percent of the city’s firm pumping capacity or of any delivery
system of the city to specific water users for three consecutive days
or 95 percent of capacity on a single day or if notification is received
from NTMWD, that mild limitations exist in their system.
(b)
Stage 2 - Moderate limitations
(1)
Requirement for initiation.
Moderate limitation operations
are initiated when, total daily water demand equals or exceeds 95
percent of the city’s firm pumping capacity or of any delivery
system of the city to specific water users for three consecutive days
or 100 percent of capacity on a single day or if notification is received
from NTMWD, that moderate limitations exist in their system.
(c)
Stage 3 - Severe limitations
(1)
Requirement for initiation.
Severe limitation operations
are initiated when, total daily water demand equals or exceeds 100
percent of the city’s firm pumping capacity or of any delivery
system of the city to specific water users for three consecutive days
or if notification is received from NTMWD, that severe limitations
exist in their system.
(d)
Stage 4 - Critical emergency conditions
(1)
Requirement for initiation.
Critical emergency conditions
may be triggered by any number of situations including natural disasters,
massive power outages, massive equipment or facility failures, public
water supply contamination or if notification is received from NTMWD,
that critical emergency conditions exist in their system.
(2)
Limitation responses.
The water works director, in consultation
with the city mayor will coordinate actions necessary to prohibit
all uses of the public water supply, except in emergency cases, until
further notice that critical conditions have been resolved.
(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 excessive of that permitted by the drought
or limitation response stage in effect at the time pursuant to action
taken by public works director, or his/her designee, in accordance
with provisions of this plan.
(b)
Any person who violates this plan is guilty of a misdemeanor and,
upon conviction shall be punished by a fine of not less than fifty
dollars ($50.00) and not more than two hundred dollars ($200.00).
Each day that one or more of the provisions of this plan is violated
shall constitute a separate offense. If a person is convicted of three
or more distinct violations of this plan, the public works director
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, established at twenty-five dollars
($25.00), and any other costs incurred by the city in discontinuing
service. In addition, suitable assurance must be given to the public
works director 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 water as it was used in violation of this plan and that
the parent could not have reasonably known of such violation.
(d)
Any employee of the city, police officer, or other city employee
designated by the water works director, 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 date shall not be less than 3
days or more than 5 days from the date the citation was issued. The
alleged violator shall be served a copy of the violation.
(e)
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.
(a)
The water works director, or his/her designee, may, in writing; grant
a temporary variance for 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:
(b)
Persons requesting an exemption from the provisions of this article
shall file a petition for the variance with the city within 5 days
after this plan or a drought or limitation response stage has been
invoked. All petitions for variances shall be reviewed by the water
works director, 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 article.
(5)
Description of the relief requested.
(6)
Period of time for which 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 public works director or his/her
designee:
(Resolution 2000-1, exh. A, adopted 2/15/00; Ordinance 2019-06-02 adopted 6/17/19)
