Upon a finding that the municipal water supply system is or may become incapable of providing an adequate water supply for normal usage due to a prolonged drought, system failure, or any other event, the City Manager or designee may declare that water usage must be curtailed. The declaration shall include the effective date, the reason for the declaration, and the level of prohibition declared. The City Manager or designee may include an estimated time for review and revocation of the declaration.
(Ord. 1727 § 1, 1992)
A. 
Level 1—Critical
The following activities would be prohibited on a voluntary basis under a Level 1 restriction:
1. 
Watering of lawns, grass, or turf except on designated alternate days based on address number;
2. 
Watering landscape between 9:00 a.m. and 7:00 p.m.;
3. 
a. 
Hosing or washing sidewalks, driveways, streets, parking lots, open ground, buildings, or other hard surfaces except where necessary for public health and safety;
b. 
Exceptions
i. 
Power washing of buildings, homes, and roofs prior to painting, repair, remodeling, or construction, and not solely for aesthetic purposes,
ii. 
Where there is demonstrable need in order to meet public safety requirements, such as to alleviate immediate fire or sanitation hazards or for dust control to meet air quality standards mandated by the Oregon Department of Environmental Quality;
4. 
Washing cars, boats, trailers, or other vehicles without hoses with shutoff nozzles unless done at a commercial or fleet washing facility that recycles water. Owners of vehicles are encouraged to use facilities that recycle water;
5. 
Serving water for drinking at a restaurant, motel, cafe, cafeteria, or other public places where food is sold and served unless specifically requested;
6. 
Any other voluntary restrictions deemed necessary, including but not limited to restrictions outlined under Level 2.
B. 
Level 2—Emergency
The following activities are expressly prohibited under a Level 2 declaration:
1. 
a. 
Watering any lawn, grass, or turf;
b. 
Exceptions:
i. 
New lawn, grass, or turf that has been seeded or sodded after March 1st of the calendar year may be watered as necessary until established,
ii. 
Lawn, grass, or turf which is part of a commercial sod farm,
iii. 
High-use athletic fields that are used for organized play,
iv. 
Golf tees and greens,
v. 
Park and recreation areas deemed by the City Council to be of particular significance and value to the community that would allow exception to the prohibition;
2. 
Watering landscape plants except on alternate day watering and between 7:00 p.m. and 9:00 a.m.;
3. 
a. 
Hosing or washing sidewalks, driveways, streets, parking lots, open ground, buildings, or other hard surfaces except where necessary for public health and safety;
b. 
Exceptions
i. 
Power washing of buildings, homes, and roofs prior to painting, repair, remodeling or construction, and not solely for aesthetic purposes,
ii. 
Where there is demonstrable need in order to meet public safety requirements, such as to alleviate immediate fire or sanitation hazards or for dust control to meet air quality standards mandated by the Oregon Department of Environmental Quality;
4. 
Washing cars, boats, trailers, or other vehicles without hoses with shutoff nozzles unless done at a commercial or fleet washing facility that recycles water;
5. 
Serving water for drinking at a restaurant, motel, cafe, cafeteria, or other public places where food is sold and served unless specifically requested;
6. 
Cleaning, filling, maintaining decorative water features, natural or manmade, including but not limited to fountains, lakes, ponds, and streams, unless the water is recirculated through the decorative feature;
7. 
Any other restrictions deemed necessary;
8. 
Elimination of any exceptions deemed necessary.
(Ord. 1727 § 2, 1992)
If a Level 2 prohibition is declared, violations of restrictions will be enforced as follows:
A. 
Warning
Each violation shall receive a warning. The letter of warning shall be in writing, shall specify the violation, may require compliance measures, and shall be served upon the resident either personally, by officer or substitute service, or by certified or registered mail, return receipt requested.
B. 
Citation
After the resident has received a warning letter, any subsequent violation shall be treated as a civil infraction pursuant to the Milwaukie Municipal Code. No forfeiture of this chapter shall be less than $100 or more than $500 for each violation.
(Ord. 1727 § 3, 1992)
A. 
Penalties for violations include:
1. 
First violation: warning letter;
2. 
Second violation of the same type: Class C infraction, $100;
3. 
Third violation of the same type: Class B infraction, $250;
4. 
Fourth and subsequent violations: Class A infraction, $500.
B. 
Third and subsequent violations under Level 2 may include water shutoff.
(Ord. 1727 § 4, 1992)