[Adopted 2-27-1990 by Ord.
No. 90]
[Amended 7-28-1992]
There is a reasonable likelihood that in certain areas of the Town there
may be shortages of public drinking water as a result of drought, equipment
outages and/or pollution of water supplies. In order to avoid the harmful
consequences of such shortages it is necessary to have a means of restricting
certain uses of water not essential to the health, welfare and safety of the
residents of the Town prior to enduring periods of threatened shortages or
actual shortages.
The Town Manager is authorized to declare a water emergency and to take appropriate action, such as that provided in § 193-7 below. Such declaration of a water emergency may be made at such times as deemed necessary by the Town Manager and shall be made upon reasonable request by one or more of the water utilities providing water in the Town.
The declaration of a water emergency shall become effective at 12:00
noon on the day following the publication of the declaration in a newspaper
having a circulation in the Town. The declaration shall clearly set forth
the restrictions and prohibitions being imposed. If the restrictions and prohibitions
are to apply to only certain areas of the Town and not to the entirety of
the Town, the declaration shall specify the areas affected by the declaration.
A.
When, after reviewing data received from water utilities
serving the Town and other appropriate data, the Town Manager determines that
there has been a diminishing of the water supply available and that precautionary
procedures are appropriate, the Town Manager is authorized to prohibit or
restrict all or part of the following activities which use water provided
by a public supply system of a water company:
(1)
Watering of shrubbery, trees, lawns, grass, plants or
any other vegetation, except indoor plants, nursery stock, crops by commercial
agricultural operations, golf course greens, newly planted vegetation and
lawns and plants grown in containers watered by a hand-held watering can.
(2)
Washing of automobiles, trucks, trailers, boats, airplanes
or any other types of mobile equipment, except in the case of commercial wash
facilities.
(3)
Washing of streets, driveways, parking lots, service
station aprons, residential and nonresidential buildings or other outdoor
surfaces.
(4)
Operation of any fountain or other structure making similar
use of water, except where such fountain or other structure is part of an
air-conditioning system, contains a recycling system or uses storm- or processed
water.
(5)
Filling of swimming and/or wading pools which were drained
after the effective date of the order. This restriction shall not apply to
public pools.
(6)
Any other use of water for outdoor recreation.
(7)
The use of water from fire hydrants for any purpose other
than fire suppression or other public emergency.
(8)
The serving of drinking water in restaurants or any other
food establishment, unless requested by the individual customer.
B.
When, after reviewing data received from water utilities serving the Town and other appropriate data, the Town Manager determines that the water supply has diminished substantially and the supply of water is critically limited, the Town Manager is authorized to order or continue the restrictions and prohibitions under Subsection A above and to prohibit or restrict the following activities:
(1)
Watering of golf course greens and operating air-conditioning
units where the interior temperature is less than 78º F., except in totally
closed systems to which no water is required to be added.
A.
An Appeals Board consisting of the Town Manager, Town
Engineer and a representative of each water utility operating in the Town
shall be established to hear petitions for exemption from the provisions of
the emergency order.
B.
All petitions for exemption shall be submitted, in writing,
to the office of the Town Manager and a decision rendered within 10 days of
receipt. The Appeals Board shall not grant an exemption unless it finds that
the hardship incurred would exceed the harm to the public health and welfare.
When a water emergency has been declared and restrictive and prohibitive
actions have been taken, the declaration and actions taken shall continue
in full force and effect until terminated by the Town Manager after consultation
with the appropriate water utilities.
The Assistant Town Planner shall respond to complaints regarding violations
of this article and, if such complaints are verified, shall contact the Police
Department of the Town, which shall enforce the provision of this article.
Violation of this article shall be punishable by a fine of $100 for
each offense. Each act or each day's continuation of a violation shall be
considered a separate offense.
