[Added 12-9-2013]
A. 
Purpose. The purpose of this article is to provide for the voluntary and mandatory restriction of use of the Town of Middletown's public water supply systems during declared water shortages and/or water emergencies.
B. 
Scope. The provisions of this article only apply to those persons and businesses utilizing the public water system.
A. 
Drought/low water supply response plan. The Town of Middletown adopts by reference the current version of the Northern Shenandoah Valley Regional Commission (NSVRC) Drought Response and Contingency Plans ("Drought Plan"). The adoption of this plan, or a substitution plan authorized by the Town of Middletown, is pursuant to the Code of Virginia, § 15.2-923 and § 15.2-924, as amended.
B. 
Authority. In order to protect the public health, safety, and welfare of the public and the Town water supply, upon the determination that the following conditions are met, the Town Council or its designee is authorized to declare drought watch, drought warning, or drought emergency, in accordance with § 44-146.21 of the Code of Virginia, when a potential shortage and/or emergency condition exists in the water system(s). Emergency conditions may also be declared by the Town in the event of equipment failure, contamination, or other non-drought related events that prevent short-term provisions of adequate water supplies.
A. 
Declaration of drought stage. The Town Manager, in coordination with the Town Council, may declare a drought for the Town of Middletown consistent with the conditions and triggers described and set forth in Sections A and B of the Drought Plan, including Table 2: Local Triggers for Water Levels. Such declaration shall consist of a drought watch, warning, or emergency.
B. 
Drought response actions. Following the drought declaration by the Town Manager, the Town Manager, or his designee, shall implement the actions and water use restrictions for a drought watch, warning or emergency as described in Section C of the Drought Plan.
C. 
Violations and penalties. The Town Manager, or his designee, shall be responsible for enforcing the provisions of the Drought Plan. These provisions shall apply to all persons and businesses utilizing the public water system. Any person, firm, association, or corporation that violates the provisions, actions, and water use restrictions established during a drought emergency shall be subject to the following:
(1) 
First offense. Written warning notice.
(2) 
Second offense. Written penalty notice and disconnection of water service. Water service shall not be turned back on until payment of a reconnection fee of $100.
(3) 
Third offense. Written penalty notice and disconnection of water service. Water service shall not be turned back on until the drought emergency declaration has been lifted and the payment of a reconnection fee of $250. Any person violating the restrictions of a drought emergency for the third time shall also be guilty of a Class 4 misdemeanor.
D. 
Appeal.
(1) 
Any person, firm, association, or corporation found in violation of the actions specified during a Drought Emergency may appeal the determination and actions of the Town Manager, or his designee, to the Town Council. The Town Council shall review such an appeal and shall either affirm, modify, or reverse the determination and actions taken by the Town Manager, or his designee. Any appeal shall be filed in writing with the Clerk of the Town Council within 10 days of the date of such decision.
(2) 
Any person, firm, association, or corporation aggrieved by a final decision of the Town Council pursuant to this section shall have the right of review of such decisions by the Circuit Court of Frederick County. Any such appeal shall be filed in writing with the Circuit Court within 30 days of the Town Council's decision.
E. 
Notice and duration. The actions and water use restrictions for a drought watch, warning or emergency shall become effective upon the appropriate declaration by the Town Manager and upon such declaration being printed in a newspaper with general circulation in the area. The drought watch, warning or emergency restrictions shall remain in effect until the Town Manager determines that a water emergency no longer exists.