(a)
The municipal water conservation plan and the emergency water demand
management plan (referred to as “plan”) attached to Ordinance
363 are hereby adopted as the official plan of the city.
(b)
Any individual, business, firm, company or corporation found guilty of violating this section, including the plan, shall be deemed guilty of committing a misdemeanor and, upon conviction in the municipal court of the city, shall be punished by a fine as provided in section 1.01.009 of this code for each offense. Each and every day any such violation shall continue shall be deemed a separate offense and shall be punished by a fine as provided in section 1.01.009 for each offense.
(Ordinance 363 adopted 8/4/98)
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 municipal water supply hereby adopts the following regulations and restrictions on the delivery and consumption of water. 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 13.07.070 of this plan.
(Ordinance 502, ex. A, adopted 5/19/09)
Opportunity for the public to provide input into the preparation
of the plan was provided by the city municipal water supply by public
input and discussions with knowledgeable people concerning the means
of conserving water and obtaining additional water.
(Ordinance 502, ex. A, adopted 5/19/09)
The city municipal water supply 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 news
release in the local paper and utility bill inserts.
(Ordinance 502, ex. A, adopted 5/19/09)
The service area of the city municipal water supply is located
within the panhandle groundwater conservation district and the city
municipal water supply has provided a copy of this plan to the panhandle
groundwater conservation district.
(Ordinance 502, ex. A, adopted 5/19/09)
The city manager, or his/her designee is hereby authorized and
directed to implement the applicable provisions of this plan upon
determination that such implementation is necessary to protect public
health, safety, and welfare. The city manager or his/her designee,
shall have the authority to initiate or terminate drought or other
water supply emergency response measures as described in this plan.
(Ordinance 502, ex. A, adopted 5/19/09)
The provisions of this plan shall apply to all persons, customers,
and property utilizing water provided by the city municipal water
supply. The terms “person” and “customer”
as used in the plan include individuals, corporations, partnerships,
associations, and all other legal entities.
(Ordinance 502, ex. A, adopted 5/19/09)
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 municipal water supply.
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 or 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 firefighting.
Street addresses, box numbers, or rural postal route numbers
ending in 1, 3, 5, 7, or 9.
(Ordinance 502, ex. A, adopted 5/19/09)
(a)
The city manager or his/her designee shall monitor water supply and/or
demand conditions on a monthly 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 known system
capacity limits:
(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 13.07.067, definitions, when total monthly water demand equals or exceeds 50% of one month’s operating capacity (based on the “safe” operating capacity of water supply facilities).
(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 one month.
(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 13.07.069 of this plan when total monthly demand exceeds 50% of capacity for two months consecutively.
(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 one month. Upon termination of
stage 2, stage 1 becomes operative.
(3)
Stage 3 triggers - serious water shortage conditions.
(A)
Requirements for initiation.
Customers shall be required to comply with the water allocation plan prescribed in section 13.07.069 of this plan and comply with the requirements and restrictions for stage 3 of this plan when the total monthly demand exceeds 50% of capacity for three consecutive months.
(B)
Requirements for termination.
Water allocation
may be rescinded when all of the conditions listed as triggering events
have ceased to exist for a period of one month.
(Ordinance 502, ex. A, adopted 5/19/09)
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 13.07.068 of this plan, shall determine that a mild, moderate, severe, critical, emergency or water shortage condition exists and shall implement the following notification procedures:
(1)
Notification.
(A)
Notification of the public.
The city manager, or his/her
designee shall notify the public by means of: publication in a newspaper
of general circulation, posted on bulletin boards at city hall and
the city annex.
(2)
Stage 1 response - mild water shortage conditions.
(A)
Target.
Achieve a voluntary reduction in total water
use.
(B)
Best management practices for supply management.
Limit
all bulk water to the bulk water terminal in the recycling center.
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 municipal water supply 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.
(3)
Stage 2 response - moderate water shortage conditions.
(A)
Target.
Achieve a voluntary reduction in total water
use.
(B)
Best management practices for supply management.
Same
as stage 1 plus a limit on all water obtained through fire hydrants
(FVFD excluded).
(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 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 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 municipal water supply.
(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 municipal water supply, the facility
shall not be subject to these regulations.
(vii)
All restaurants are prohibited from serving water to patrons
except upon request of the patron.
(viii)
The following uses of water are defined as nonessential and
are prohibited:
a.
Wash down of any sidewalks, walkways, driveways, parking lots,
tennis courts, or other hard-surfaced areas;
b.
Use of water to wash down buildings or structures for purposes
other than immediate fire protection;
c.
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).
(4)
Stage 3 response - serious water shortage conditions.
(A)
Target.
Achieve a mandatory reduction in total water
use.
(B)
Best management practices for supply management.
All
nonmetered water prohibited.
(C)
Water use restrictions for demand reduction.
All requirements
of stage 2 shall remain in effect during stage 3 except:
(i)
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 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 6 response - water reduction incentive.
In the
event that water shortage conditions threaten public health, safety,
and welfare, the city manager is hereby authorized to implement a
water reduction incentive in accordance with the following water plan:
(A)
City municipal water supply customers.
The following
“drought contingency” fee will be added to the normal
water bill of all city municipal water supply customers, inside and
outside city limits and residential and commercial, as follows:
|
Gallons per Month
|
Charge
|
|---|---|
|
0–2,000
|
$2.00 per thousand
|
|
3,000–12,000
|
$2.50 per thousand
|
|
13,000–50,000
|
$3.00 per thousand
|
|
51,000–80,000
|
$3.50 per thousand
|
|
81,000–9,999,999
|
$4.00 per thousand
|
(Ordinance 502, ex. A, adopted 5/19/09)
(a)
No person shall allow the use of water from the city municipal water
supply 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 $1.00
and not more than $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 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 re-connection charge, hereby established by
budget ordinance, and any other costs incurred by the city municipal
water supply 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 municipal water supply, 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 municipal water supply, police officer,
or other 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 city municipal
court on the date shown on the citation for which the date shall be
ten (10) days from the date the citation was issued. The alleged violator
shall appear in city municipal court to enter a plea of nolo contender,
guilty, or not guilty for the violation of this plan. If the alleged
violator fails to appear in the city municipal court, a warrant for
his/her arrest may be issued and additional charges may be filed.
(Ordinance 502, ex. A, adopted 5/19/09)
(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 municipal water supply
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.
(c)
Variances granted by the city municipal water supply 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 502, ex. A, adopted 5/19/09)
