[1]
Editor’s note–The current drought contingency
plan as adopted by Ordinance 698-14 adopted November 11, 2014 is available
for inspection in the offices of the city.
The provisions of this division shall apply to all persons,
customers and property served with the city water, wherever situated.
This division does not apply to a private well except as otherwise
provided herein. No customer of the city water system shall knowingly
or negligently make, cause, use or permit the use of water received
from the city for residential, commercial, industrial, governmental,
or any other purpose, in a manner contrary to any provision of this
division or other previously enacted ordinances, or in an amount in
excess of the use permitted by the conservation stage in effect pursuant
to action taken by the mayor in accordance with the provisions of
this division or other ordinances.
(Ordinance 591-09 adopted 7/20/09; Ordinance 637-11 adopted 8/29/11)
When demand on the system exceeds production or storage capability measured over a twenty-four (24) hour period, and refilling of storage facilities is rendered critical as established in section 13.11.096 of this division, the mayor may declare an emergency to exist and thereafter ration water in the following manner:
(1)
Stage 1: Initial water conservation.
(A)
Notification.
A yellow banner will be displayed at the
city municipal office in a manner that is plainly visible to the public.
(B)
Water use restrictions.
(i)
Residents having even-numbered addresses are permitted to water outside
only on Sunday, Tuesday and Thursday between the hours of 5:00 a.m.
to 8:00 a.m. and 7:00 p.m. to 9:00 p.m.
(ii)
Residents having odd-numbered addresses are permitted to water
outside only on Saturday, Monday and Wednesday between the hours of
5:00 a.m. to 8:00 a.m. and 7:00 p.m. to 9:00 p.m.
(iii)
Watering is prohibited between the hours of 8:00 a.m. to 7:00
p.m. and 9:00 p.m. to 5:00 a.m.
(iv)
The use of outdoor sprinkler systems is prohibited on Friday.
(v)
The watering of residential foundations, trees, and shrubs is permissible
at any time only by hand watering with a hose equipped with a restrictor
nozzle or a soaker hose.
(2)
Stage 2: Water conservation.
(A)
Notification.
An orange banner will be displayed at
the city municipal office in a manner that is plainly visible to the
public.
(B)
Water use restrictions.
(i)
Residents having even-numbered addresses are permitted to water outside
only on Sunday, Tuesday and Thursday between the hours of 5:00 a.m.
to 8:00 a.m.
(ii)
Residents having odd-numbered addresses are permitted to water
outside only on Saturday, Monday and Wednesday between the hours of
5:00 a.m. to 8:00 a.m.
(iii)
The use of outdoor sprinkler systems is prohibited on Friday.
(iv)
The watering of residential foundations, trees, and shrubs is
permissible at any time only by hand watering with a hose equipped
with a restrictor nozzle or a soaker hose.
(3)
Stage 3: Water conservation.
(A)
Notification.
A red banner will be displayed at the
city municipal office in a manner that is plainly visible to the public.
(B)
Water use restrictions.
(i)
Residents having even-numbered addresses are permitted to water outside
only on Sunday and Thursday between the hours of 5:00 a.m. to 8:00
a.m.
(ii)
Residents having odd-numbered addresses are permitted to water
outside only on Saturday and Wednesday between the hours of 5:00 a.m.
to 8:00 a.m.
(iii)
The use of outdoor sprinkler systems is prohibited on Monday,
Tuesday, and Friday.
(iv)
The watering of residential foundations, trees, and shrubs is
permissible at any time only by hand watering with a hose equipped
with a restrictor nozzle or a soaker hose.
(4)
Stage 4: Water crisis condition.
(A)
Notification.
A purple banner will be displayed at the
city municipal office in a manner that is plainly visible to the public.
(B)
Water use restrictions.
(i)
Residents having even-numbered addresses are permitted to water outside
only on Thursday.
(ii)
Residents having odd-numbered addresses are permitted to water
outside only on Monday.
(iii)
Watering outside, as provided in subsections (i) and (ii) above,
is restricted to the hours of 6:00 a.m. to 8:00 a.m. except as provided
in subsection (iv).
(iv)
Outdoor water use of any kind is prohibited on Saturday, Sunday,
Tuesday, Wednesday and Friday.
(v)
Watering permitted in subsections (i) and (ii) above is restricted
to residential foundations, trees and shrubs, and may be watered using
only a hand-held hose with restrictor nozzle or a soaker hose.
(5)
Stage 5: Water reserve disaster condition.
(A)
Notification.
A black banner will be displayed at the
city municipal office in a manner that is plainly visible to the public.
(B)
Watering outside is prohibited at all times.
(C)
Notwithstanding the notice provisions of this division, a person
violating a term or condition of the restrictions of this subsection
may have their water service terminated immediately.
(6)
Watering of livestock.
Watering of livestock is permitted
under all stages (1) through (4) above as is reasonably necessary
to preserve the livestock.
(7)
Enforcement.
All meters shall be read as often as necessary
to insure compliance with this program, for the benefit of all customers.
(8)
Boosting water pressure.
When any of the above-described
stages of water use rationing are imposed, water system customers
are prohibited from operating a pressure booster pump or other device
that is intended to or results in a water flow to that customer greater
than the volume that would be supplied by the existing water pressure
from the city water system.
(Ordinance 591-09 adopted 7/20/09; Ordinance 637-11 adopted 8/29/11; Ordinance adopting
2017 Code)
(a)
Notice of proposed rationing.
Notice of the proposed
rationing shall be mailed or provided to each customer or, should
an emergency require immediate implementation of the rationing plan,
such notice will be given as may be practicable under the circumstances
then prevailing and the rationing will be effective immediately. Should
such emergency implementation be necessary, notice will still be sent
to each customer as provided above.
(b)
Contents of notice.
Notice of the imposition of emergency
water rationing shall contain the following information:
(c)
Notice of termination of water service.
If the customer
has their water service terminated as a result of violations herein,
notice shall be affixed to the main entrance door or other readily
visible location, stating the date and reason for termination and
containing a 24-hour telephone number to call for reconnection.
(Ordinance 591-09 adopted 7/20/09; Ordinance 637-11 adopted 8/29/11)
(a)
Penalty.
It shall be unlawful to violate any term or
condition imposed under the emergency water rationing plan (water
conservation plan). A customer who knowingly violates any term or
condition imposed by the emergency rationing notice may be issued
a citation. For the first violation, the customer may receive a written
warning. Each separate occurrence or day of violation shall be deemed
a separate offense. Each offense shall be punished by a fine of not
less than $50.00 nor more than $500.00.
(b)
Termination of service.
Any customer after receiving an initial citation for a water rationing stage violation may, upon any subsequent violation of any term or condition imposed by the emergency rationing notice, have water service terminated. The termination shall be by the waterworks of the city. Termination does not require conviction in a court of jurisdiction and the dismissal, acquittal or other disposition of a citation under the above is not an affirmative defense. Termination of water service is in addition to any other penalty which may be imposed hereunder. The period of termination shall not exceed seven (7) days and restoration shall be as provided in article 13.03, division 2, including payment of disconnect and reconnect fees. Water service shall be reconnected immediately upon application to the waterworks and in compliance with the provisions of article 13.03, division 2. Said reconnection shall not be a defense, bar or mitigation of any offense as alleged in subsection (a) hereof.
(c)
Appeal of termination of service.
Any appeal by the customer of termination of water service to a location shall be to the mayor. The mayor, upon a finding of imminent serious health risk, as required herein, may modify the period of termination that is set forth in subsection (b) by the waterworks if provided competent, reliable written documentation of the imminent serious health risk that is life threatening and the unavailability of any other adequate water source. The decision of the mayor may be appealed by the customer to the water review board. Said appeal shall be under the same standards of proof as set out herein.
(Ordinance 591-09 adopted 7/20/09; Ordinance 637-11 adopted 8/29/11)
In a separate emergency declaration, if the mayor finds that
the drought or other exigent circumstances [exist] based on a finding
by the utility director that the aquifer water table serving the municipal
water supply is dangerously low and affecting municipal water supply,
the mayor may apply this division to any private well(s) of any person
who is a customer of the city. During the period that the emergency
declaration exists under the emergency water rationing plan, the mayor
may also grant variances in specific cases after evaluation of hardship,
need or customer efforts to conserve water. The mayor can grant variances
only under the following circumstances and conditions:
(1)
The applicant shall sign a compliance agreement on the forms provided
by the city and approved by the city attorney agreeing to use the
water only in the amount and manner permitted by the variance.
(2)
Granting of the variance shall not cause an immediate, significant
reduction of the city’s water supply.
(3)
The applicant shall demonstrate extreme hardship or need relating
to health, safety or welfare or show evidence of substantial water
conservation efforts.
(4)
The health, safety and welfare of other persons shall not be adversely
affected by the granting of the variance.
(5)
A customer who is refused a variance may appeal such action of the
mayor by written appeal to the water review board.
(Ordinance 591-09 adopted 7/20/09; Ordinance 637-11 adopted 8/29/11)
(a)
The mayor may declare an emergency to exist under this division which
is effective for not more than sixty days from the date of announcement.
On recommendation of the director of waterworks, the mayor may upgrade
or downgrade the stage of water rationing based upon improvement or
deterioration of the waterworks system to provide supply in excess
of consumption. The director of the waterworks and the mayor shall
in all cases comply with the criteria for upgrading or downgrading
the stage of water rationing established by the city council and documented
within the latest revision to the drought contingency plan for the
city.
(b)
The city council may extend or reduce the duration of the emergency
declaration. If a recommendation is made to extend the duration, the
extension shall not exceed one hundred and twenty (120) days. The
mayor may terminate the declaration of emergency when the director
of waterworks determines that the conditions creating the emergency
no longer exist.
(Ordinance 591-09 adopted 7/2/09; Ordinance 637-11 adopted 8/29/11)
