(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 an ordinance or resolution.
(b)
Water
uses regulated or prohibited under this drought contingency plan (the
plan) are considered to be non-essential 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 13.310 of this
plan.
(Ordinance 210-15 adopted 5/11/15)
Opportunity for the public to provide input into the preparation
of the plan was provided by the city by means of public hearing.
(Ordinance 210-15 adopted 5/11/15)
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 utility billing inserts, and press release.
(Ordinance 210-15 adopted 5/11/15)
The service area of the city is located within the Llano Estacado
regional planning group, and the city and has provided a copy of this
plan to the Llano Estacado planning group, and to the Sandy Land Water
Conservation District.
(Ordinance 210-15 adopted 5/11/15)
The city manager or 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 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 210-15 adopted 5/11/15)
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 210-15 adopted 5/11/15)
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
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 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 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 fire fighting.
Street addresses, box numbers, or rural postal route numbers
ending in 1, 3, 5, 7, or 9.
(Ordinance 210-15 adopted 5/11/15)
(a)
The
city manager 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, that
is, when the specified triggers are reached.
(b)
The
triggering criteria described below are based on the city well capacities.
(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 13.3107 definitions, (due to being in West Texas which is in a continual drought cycle) and a limited supply of groundwater and no surface water sources available to the city. Annually beginning May 1st through October 31st residential customers are asked to voluntarily (odd number) water only on Tuesday, Thursday, and Saturday (even numbers) on Monday, Wednesday, and Fridays.
(B)
Requirements for Termination.
Stage 1 of the plan may
be rescinded if ever an additional water supply becomes available.
(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 13.3107 of this plan when daily pumpage exceeds or equals to 1 million gallons for 3 consecutive days or 1.8 million for 1 day.
(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 3 consecutive days with a 25%
reduction of water usage. Upon termination of stage 2, stage 1 becomes
operative.
(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 total daily water demand
equals or exceeds 1.8 million for 2 consecutive days or 1.9 million
for 1 day.
(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 5 consecutive days and have a
decreased demand of 50% for 2 consecutive days. Upon termination of
stage 3, stage 2 becomes operative.
(4)
Stage 4 Triggers - 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 daily water demand equals
or exceeds 1.9 million for 2 consecutive days or 2 million for 1 day.
(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 5 consecutive days and have a
decreased demand of 60%. Upon termination of stage 4, stage 3 becomes
operative.
(5)
Stage 5 Trigger - 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 city manager, 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 3 consecutive days.
(Ordinance 210-15 adopted 5/11/15)
(a)
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 13.3108 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/chairman and members of the city council.
(B)
Fire chief(s).
(C)
City and/or county emergency management coordinator(s).
(D)
County judge and commissioner(s).
(E)
State disaster district/department of public safety.
(F)
TCEQ (required when mandatory restrictions are imposed)
(G)
Major water users.
(H)
Critical water users, i.e. hospitals public facilities managers
|
Note: The plan should specify direct notice only as appropriate
to respective drought stages.
|
(b)
Responses.
(1)
Stage 1 Response - Mild Water Shortage Conditions.
(A)
Target.
Achieve a voluntary 10% percent reduction in
970,000 gallons usage.
(B)
Best Management Practices for Supply Management.
Limited
irrigation.
(C)
Voluntary Water Use Restrictions for Reducing Demand.
(i)
Water customers are requested to voluntarily limit the irrigation
of landscaped areas 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 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 2 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 Response - Moderate Water Shortage Conditions.
(A)
Target.
Achieve a 25% percent reduction in total water
demand.
(B)
Best Management Practices for Supply Management.
[sic]
(C)
Water Use Restrictions for Demand Reduction.
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 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 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 anytime
if it is by means of a hand-held 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 hand-held bucket or a hand-held 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)
All restaurants are prohibited from serving water to patrons
except upon request of the patron.
(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;
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 Response - Severe Water Shortage Conditions.
(A)
Target.
Achieve a 50 percent reduction in total water
demand.
(B)
Best Management Practices for Supply Management.
Voluntarily
discontinue the irrigation of landscape areas.
(C)
Water Use Restrictions for Demand Reduction.
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 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)
The use of water for construction purposes from designated fire
hydrants under special permit is to be discontinued.
(4)
Stage 4 Response - Critical Water Shortage Conditions.
(A)
Target.
Achieve a 60 percent reduction in daily water
demand.
(B)
Best Management Practices for Supply Management.
[sic]
(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 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 hand-held hoses,
hand-held buckets, or drip irrigation only. The use 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 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.
(5)
Stage 5 Response - Emergency Water Shortage Conditions.
(6)
Stage 6 Response - Water Allocation.
In the event that
water shortage conditions threaten public health, safety, and welfare,
the city manager is hereby authorized to allocate water according
to the following water allocation plan:
(A)
Single-Family Residential Customers.
(i)
The allocation to residential water customers residing in a
single-family dwelling shall be as follows:
|
Persons per Household
|
Gallons per Month
|
|---|---|
|
l 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
|
(ii)
Household means the residential premises served by the customer’s
meter. Persons per household include 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 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 (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 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 (2) days. In prescribing the method for
claiming more than two (2) 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 person in a household shall be
fined not less than $100.00.
(iii)
Residential water customers shall pay the following surcharges:
(B)
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 (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 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 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
person in a household shall be fined not less than $100.00. Customers
billed from a master meter under this provision shall pay the following
monthly surcharges:
(i)
$2.00 for 1,000 gallons over allocation up through 1,000 gallons
for each dwelling unit.
(ii)
$2.50, thereafter, for each additional 1,000 gallons over allocation
up through a second 1,000 gallons for each dwelling unit.
(iii)
$3.00, thereafter, for each additional 1,000 gallons over allocation
up through a third 1,000 gallons for each dwelling unit.
(iv)
$4.00, thereafter for each additional 1,000 gallons over allocation.
|
Surcharges shall be cumulative.
|
(C)
Commercial Customers.
A monthly water 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 corresponding months 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 6000 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 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,
(1) the designated period does not accurately reflect the customer’s
normal water usage, (2) one nonresidential customer agrees to transfer
part of its allocation to another nonresidential customer, or (3)
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 following surcharges:
(i)
Customers whose allocation is 1,000 gallons through 6,000 gallons
per month:
a.
$2.00 per thousand gallons for the first 1,000 gallons over
allocation.
b.
$2.50 per thousand gallons for the second 1,000 gallons over
allocation.
c.
$3.00 per thousand gallons for the third 1,000 gallons over
allocation.
d.
$4.00 per thousand gallons for each additional 1,000 gallons
over allocation.
(ii)
Customers whose allocation is 6,000 gallons per month or more:
a.
1.5 times the block rate for each 1,000 gallons in excess of
the allocation up through 5 percent above allocation.
b.
2.0 times the block rate for each 1,000 gallons from 5 percent
through 10 percent above allocation.
c.
2.5 times the block rate for each 1,000 gallons from 10 percent
through 15 percent above allocation.
d.
3.0 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.
(D)
Industrial Customers.
A monthly water 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 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 use baseline will be computed
on the average water use 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 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 city manager, the allocation may be reduced or increased,
(1) 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, (2) the customer has
added or is in the process of adding significant additional processing
capacity, (3) the customer has shutdown or significantly reduced the
production of a major processing unit, (4) the customer has previously
implemented significant permanent water conservation measures such
that the ability to further reduce water use is limited, (5) the customer
agrees to transfer part of its allocation to another industrial customer,
or (6) 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 the following surcharges:
(i)
Customers whose allocation is 10,000 gallons through 20,000
gallons per month:
a.
$2.00 per thousand gallons for the first 1,000 gallons over
allocation.
b.
$2.50 per thousand gallons for the second 1,000 gallons over
allocation.
c.
$3.00 per thousand gallons for the third 1,000 gallons over
allocation.
d.
$4.00 per thousand gallons for each additional 1,000 gallons
over allocation.
(ii)
Customers whose allocation is 10,000 gallons per month or more:
a.
2.0 times the block rate for each 1,000 gallons in excess of
the allocation up through 5 percent above allocation.
b.
2.5 times the block rate for each 1,000 gallons from 5 percent
through 10 percent above allocation.
c.
3.0 times the block rate for each 1,000 gallons from 10 percent
through 15 percent above allocation.
d.
3.5 times the block rate for each 1,000 gallons more than 15
percent above allocation.
(iii)
The surcharges shall be cumulative. As used herein, a 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 210-15 adopted 5/11/15)
(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 city manager,
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 one hundred
dollars ($100.00) and not more than two hundred and fifty dollars
($250.00). 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, hereby established at $50.00, 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)
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)
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, 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
before all other cases.
(Ordinance 210-15 adopted 5/11/15)
(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:
(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 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 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.
(Ordinance 210-15 adopted 5/11/15)
