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.
"Hot tubs, whirlpools and spas"
means large bath tub type vessels, jetted or non-jetted, with a capacity greater than 40 gallons.
"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)
A. 
Critical Water Supply Status - Water conservation shall be implemented in case of disaster conditions and may be put into effect without further action of the City Council upon determination by the Public Works Director that the water system has been damaged beyond immediate repair.
1. 
The City shall discontinue service through its normal distribution system;
2. 
Providing adequate water remains in the City reservoirs, water may be provided directly from the reservoir only to single, duplex and multiple family dwellings, other residential uses, health clinics and assisted living facilities. If this water can be dispersed through the distribution system without substantial losses, such water may be provided through the system during set hours (for example, from 6:00 to 7:00 a.m. and 7:00 to 8:00 p.m. daily) so as to extend the treated water supply for sustaining life.
3. 
In the event reservoirs are destroyed or damaged, the City shall purchase available water from the nearest city or water district. If the nearest city or water district is unable to supply water to the City, the City may contract for or commandeer private vehicles to transport water to the City. If the City is unable to obtain water from other sources, the City will pump raw water from the Yachats River with a boil water order until the critical water supply status has ended and the City's water system is functioning on a normal basis.
(Ord. 222 § 1, 2001)
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)
A. 
As stated in Section 8.22.070 Penalties, subsections A, B, and C, upon conviction of three or more infractions, water service to the water meter from which the water for the third offense was obtained may or shall be terminated by the City for a period of five to 15 days, depending on the Phase of the infraction. Notice of termination of water service shall be given in the manner required for termination of water service pursuant to Section 8.04.040. In addition to any fine or forfeiture, there shall be imposed connect-disconnect fees in the same amount as for disconnection-connection for non-payment of water charges.
B. 
In the event that three or more infractions occur on transient rental properties, the City Council may suspend temporarily or, upon a finding of gross indifference to this code, terminate the transient rental license on a permanent basis.
(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)