As used in this title:
"Approved City agents"
means persons trained by City personnel to read meters and
report the readings back to the City for the purpose of reading meters
on a more frequent basis to enforce the provisions of this chapter.
"Commercial large meter"
means those users of meters one and one-half inches or larger
and billed under the City's water system as "commercial large meter."
"Commercial water"
means those commercial users of meters smaller than one and
one-half inches and billed under the City's water system as "commercial
water."
"Flow control nozzle"
means any hand held nozzle type device, in proper working
condition, affixed directly to the hose that must be triggered by
hand to allow flow.
"Gray water"
means water from a water system for which a permit has been
obtained under the authority of ORS 454.610.
"Outside City water"
means those users of residential sized meters and billed
under the City's water system as "outside City water."
"Residential water"
means those users of residential sized meters and billed
under the City's water system as "residential water."
"Transient water"
means those users of residential sized meters and billed
under the City's water system as "transient residential water."
"Water shortage"
means a status determined by the City Council via resolution. Except in emergencies as determined under Section
8.22.100, it is the Council's determination of a water shortage that results in the water conservation actions set out under each phase in Sections
8.22.030 through
8.22.050.
(Ord. 222 § 1, 2001; Ord. 352 § 1, 2018)
A. As the
result of a drought and the threat of a continued drought or other
condition, the ordinary demands and requirements of water consumers
may not be satisfied without depleting the water supply of the City
of Yachats to the extent that there may be insufficient water for
human consumption, sanitation or fire protection.
B. The
City Council finds and determines that a water shortage emergency
may exist within the City's water service area and will be likely
to continue to exist for an unknown period, but that from time to
time there may be sufficient water in the reservoirs from rainfall
for temporary suspension of the water conservation measures provided
in this chapter.
C. The
City Council finds, determines and anticipates that a situation, or
situations, may occur, or exist, from causes beyond the control of
the City, and that are not related to weather, that will result in
limited quantities of water being available and is likely to exist
for a prolonged period that requires extreme measures to maintain
the absolute minimum of treated water for human consumption, sanitation
or fire protection.
D. The
City Council, to protect the health, safety and general welfare of
its citizens in the public interest, finds it necessary to adopt regulations
necessary to mitigate any water shortage emergency.
E. During
such time that the City Council of the City of Yachats determines
that there is a water shortage, as declared by the City Council, no
person or entity shall use water supplied by or through the City's
water system for the reasons stated under each phase. The water conservation
actions required by this Chapter shall not apply to gray water and
water obtained from sources other than the City's water supply.
(Ord. 222 § 1, 2001; Ord. 352 § 1, 2018)
A. A water shortage is a Phase 1 water shortage when, subject to Section
8.22.110:
1. The
flow in the Yachats River is recorded to be less than 35 cubic feet
per second (hereafter CFS); or
2. The
combined flow of Reedy and Salmon Creek is less than 0.64 CFS (275
gallons per minute (hereafter GPM)); or
3. According
to the Palmer Drought Severity Index, the Coastal Region is in a Moderate
to Extreme Drought and the Public Works Director determines that conditions
exist to warrant Phase 1 restrictions.
B. Upon
determination of a Phase 1 water shortage, the City shall send notice
to all water utility customers of: the water shortage, the Phase 1
water restrictions in force, and the penalties for non-compliance.
C. Water
alert status—Phase 1 calls for moderate curtailment. The following
non-essential uses are restricted or prohibited under Phase 1:
1. The
watering of lawns, gardens and landscaping is restricted to alternative
days. Specifically, houses with an address number ending in even numbers
(0-2-4-6-8) shall be permitted to water lawns only on even numbered
calendar days. Houses with an address number ending in odd numbers
(1-3-5-7-9), or fractional addresses, shall be permitted to water
only on odd numbered calendar days. All watering of lawns, gardens
and landscaping shall be prohibited between the hours of 10:00 a.m.
and 7:00 p.m. of each day.
2. All
sales of water to persons who are not customers of the water system
are prohibited.
3. No
water shall be used by the Yachats Rural Fire District for drills,
fire hose testing, hydrant flushing or truck washing.
4. The
operation of an ornamental fountain, unless it is equipped with a
recirculation system, is prohibited.
(Ord. 222 § 1, 2001; Ord. 352 § 1, 2018)
A. A water shortage is a Phase 2 water shortage when, subject to Section
8.22.110:
1. The
flow of the Yachats River is measured to be less than 20 CFS; or
2. The
combined flow of Reedy and Salmon Creek is less than 0.50 CFS (200
GPM); or
3. According
to the Palmer Drought Severity Index, the Coastal Region is in a Severe
or Extreme Drought and the Public Works Director determines that conditions
exist to warrant Phase 2 restrictions.
B. Upon
determination of a Phase 2 water shortage, the City shall send notice
to all water utility customers of: the water shortage, the Phase 2
water restrictions in force, and the penalties for non-compliance.
C. Water
Warning Status—Phase 2 calls for extensive restrictions on water
usage. In addition to the restrictions and prohibitions for Phase
1 above, for Phase 2 the following non-essential uses are prohibited:
1. The
watering of any vegetation, except that trees and shrubs may be watered
with a hand held watering device, bucket or hose with flow control
nozzle, or drip irrigation system only (no airborne sprinkler systems).
2. The
use of water for washing, hosing and the like of buildings and pavement
or other pedestrian surfaces.
3. Drinking
water served at restaurants, motels and other businesses which serve
food or drink to the public, unless users post "drought notices" in
a clearly conspicuous manner so that members of the public will be
apprised of the water shortage. If so posted, water for drinking purposes
may be served upon request.
4. Washing
of vehicles, equipment, watercraft and the like.
5. The
operation of all exterior ornamental fountains, even with a recirculating
system.
6. Use
of City water for dust control.
D. For Phase 2, all commercial large meter, commercial water, and transient water users shall post the written notice, provided by the City, pursuant to subsection
B of this section in a conspicuous location on the property receiving City water service within 24 hours of receiving said notice. For transient water users, the notice shall be posted in each rental unit.
(Ord. 222 § 1, 2001; Ord. 352 § 1, 2018)
A. A water shortage is a Phase 3 water shortage when, subject to Section
8.22.110:
1. The
flow of the Yachats River is measured to be less than 15 CFS; or
2. The
combined flow of Reedy and Salmon Creek is less than 0.40 CFS (175
GPM); or
3. According
to the Palmer Drought Severity Index, the Coastal Region is in an
Extreme Drought and the Public Works Director determines that conditions
exist to warrant Phase 3 restrictions.
B. Upon
determination of a Phase 3 water shortage, the City shall send notice
to all water utility customers of: the water shortage, the Phase 3
water restrictions in force, and the penalties for non-compliance.
C. Water
Emergency Status—Phase 3 is the most restrictive level of water
conservation measures. In addition to the restrictions and prohibitions
for Phases 1 and 2, above, for Phase 3 the following non-essential
uses of water are prohibited:
1. All
landscape watering is prohibited.
2. Use
of water from a fire hydrant for any use other than for firefighting.
3. Use
of non-recirculating hot tubs, whirlpools or spas.
4. All
"commercial large meter" users are required to send linens for laundering
outside the City except that commercial laundromats are exempt from
this regulation.
D. For
Phase 3, all small meters, including residential water, outside City
water, commercial water, and transient water users shall be charged
the base volumetric rate for the first 400 cubic feet per month usage.
Usage over 400 cubic feet per month usage shall be charged the base
volumetric rate plus $2 per 100 cubic feet over the 400 cubic feet.
Fractions of months under Phase 3 water conservation restrictions
shall be billed extra based on daily usage over 13.33 cubic feet per
day. Meters may be read more frequently by City personnel or approved
City agents to enforce these restrictions. Small meter users using
more than 27 cubic feet per day on average shall be given a written
warning to reduce usage and thereafter cited under Section 8.22.070(C)(1)
(Phase 3—First offense).
E. For
Phase 3, all users may be required to reduce their normal usage by
a certain percentage when compared to the average normal usage over
the same calendar time period from the previous two years. For water
utility accounts with less than two years of usage history, the percentage
reduction shall be compared to a City-wide median usage for similar
users.
F. No water
connections to new residences, business or industry shall be permitted
during Phase 3.
G. All commercial large meter, commercial, and transient water users shall post the written notice, provided by the City, pursuant to subsection
B of this section in a conspicuous location on the property receiving City water service within two days of receiving notice of a Phase 3. For transient water users, the notice shall be posted in each rental unit.
(Ord. 222 § 1, 2001; Ord. 352 § 1, 2018)
Any person or entity violating a provision of this code shall
be subject to citation as a civil infraction as set forth below pursuant
to Section 1.12 of this code. Each day a violation of this chapter
is committed or permitted to continue shall constitute a separate
infraction.
A. Phase
1.
1. Conviction
for a first infraction (no prior conviction) pursuant to this code
shall result in a written warning.
2. Conviction
of a second infraction (one prior conviction) shall constitute a Class
D infraction.
3. Conviction of three or more infractions shall constitute a Class C infraction. In addition, water service to the meter from which the water for the third conviction was obtained may be terminated by the City for five consecutive days as provided in Section
8.22.080.
B. Phase
2.
1. First
infraction (no prior conviction) shall result in a written warning.
2. Conviction
of a second infraction (one prior conviction) shall constitute a Class
C infraction.
3. Conviction of three or more infractions shall Constitute a Class B infraction. In addition, water service to the meter from which the water for the third infraction was obtained may be terminated by the City for 10 consecutive days as provided in Section
8.22.080.
C. Phase
3.
1. First
infraction (no prior conviction) shall constitute a Class B infraction.
2. Conviction of two or more infractions shall constitute a Class A infraction. In addition, water service to the meter from which the water for the third infraction was obtained shall be terminated by the City for 15 consecutive days as provided in Section
8.22.080.
(Ord. 222 § 1, 2001)
In an emergency, as determined in the discretion of the Public Works Director, the Public Works Director may declare a water shortage and the necessity for water conservation actions under Sections
8.22.030 through
8.22.050. The water conservation actions shall be in full force and effect and shall be enforced until such time as the Public Works Director declares a suspension or termination of the water shortage. The Public Works Director shall notify the Council immediately upon such declaration and Council shall meet as soon as practical to accept, reject or modify such determination.
(Ord. 222 § 1, 2001; Ord. 352 § 1, 2018)
For purposes of determining the existence of a water shortage and the severity of water conservation actions under Sections
8.22.030 through
8.22.050, the City shall measure the flow of water at sources with developed City rights, as follows:
1. If the
City is using the Yachats River to supplement its raw water source,
the water flows in the Yachats River will be determined by using a
measuring device approved by the Oregon Water Resources Department.
If the City is not using the Yachats River to supplement its raw water
source, the flow of the Yachats River shall not be considered for
determining a water shortage.
2. The
combined flow of Reedy and Salmon Creek shall be measured using a
staff gage installed in Salmon Creek.
(Ord. 222 § 1, 2001; Ord. 352 § 1, 2018)