(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 provisions of this plan, or an amount in excess of that permitted by the drought response stage in effect at the time pursuant to action taken by the city administrator, or his/her designee, in accordance with provisions of this plan.
(b) 
Any person who violates this plan is guilty of a misdemeanor. 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 director, shall, upon due notice to the customer, be authorized to discontinue water service to the premises where the violations occur. Services discontinued under such circumstances shall be restored only upon payment of reconnection charge, and any other costs incurred by the city in discontinuing service. In addition, suitable assurance must be given to the director that the same action will 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 the 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 reputable presumption that the person in apparent control of the property committed the violation, but any such person shall have the right to show 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 the 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 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 employee designated by the director, may issue a citation to a person he/she reasonable believes to be in violation of this plan. 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.
(Ordinance 006-2015 adopted 2/17/15)
(a) 
Any person who maintains or uses a private water well for other than domestic water use (such as landscape irrigation) is exempt from the requirements, restrictions and limitations of the water management stages of this plan. Individuals with private water wells are, however, encouraged by the city to abide by the plan and its water conservation goals in order to protect long-term water supplies.
(b) 
At any time this plan is initiated, to be entitled to such exemption, any such person shall be required to post notice of such private water well use. Each person shall pay for an appropriate sign, which will be provided by the city, indicating a private water well supply. The sign shall be placed in the yard in close proximity to the city’s water meter indicating private water well use until such time as the plan has been terminated.
(c) 
Private well owners must register their well and type of well with the city inspection department.
(d) 
Failure to post the required sign or to register any private well during stage 2 through stage 4 [3] water management stages, shall result in the loss of the exemption from the landscaping water requirements.
(Ordinance 006-2015 adopted 2/17/15)
(a) 
The director, or his 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 for the public or the person requesting such variance and if one or more of the following conditions are met:
(1) 
Compliance with this plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect.
(2) 
Alternative methods can be implemented which will achieve the same level of reduction in water use.
(b) 
Persons requesting an exemption from the provisions of this plan shall file a petition for variance with the city within 5 days after the plan for a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the director, or his 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 plan.
(5) 
Description of the relief requested.
(6) 
Period of time for which the variance is sought.
(7) 
Detailed schedule of irrigation that shows a reduction in use over the 30-day period for new lawns and landscapes. Schedule should be designed so that at the end of the 30-day period, lawn and landscaped areas can adhere to the weekly schedule defined for the particular drought response stage.
(8) 
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.
(9) 
Other pertinent information.
(c) 
Variances granted by the city shall be subject to the following conditions, unless waived or modified by the director.
(1) 
Variances granted shall include a timetable for compliance.
(2) 
Variances granted shall expire when the plan is no longer in effect, unless the petitioner has failed to meet specified requirements.
(d) 
No variance shall be retroactive or otherwise justify any violation of the plan occurring prior to the issuance of the variance.
(Ordinance 006-2015 adopted 2/17/15)
“Water wasting” means to permit or cause water flow, spray, or otherwise move or discharge water from the premises to or upon the street, alley, or public right-of-way, ditch or drain, or failing to repair a leak in a private plumbing system or in an irrigation system within five (5) working days of the discovery or notification of such. Any violation of this section is punishable as set forth in the penalty clause of this article.
(Ordinance 006-2015 adopted 2/17/15)