[Added 9-5-1995 by Ord. No. 5701]
The purpose of this article is to provide for
the declaration of a water supply watch, warning or emergency and
the implementation of voluntary and mandatory water conservation measures
throughout the City in the event that such a watch, warning or emergency
is declared.
A.Â
CUSTOMER
WASTE OF WATER
WATER
As used in this article, the following terms shall
have the meanings indicated:
The customer of record using water for any purpose from the
City's water distribution system and for which either a regular charge
is made or, in the case of coin sales, a cash charge is made at the
site of delivery.
Includes, but is not limited to, permitting water to escape
down a gutter, ditch, or other surface drain or failure to repair
a controllable leak of water due to defective plumbing.
Water available to the City of Parsons for treatment by virtue
of its water rights or any treated water introduced by the City into
its water distribution system, including water offered for sale at
any coin-operated site.
B.Â
The following classes of uses of water are established:
(1)Â
Class 1: Water used for outdoor watering, either public
or private, for gardens, lawns, trees, shrubs, plants, parks, golf
courses, playing fields, swimming pools or other recreational areas,
or the washing of motor vehicles, boats, trailers, or the exterior
of any building or structure.
(2)Â
Class 2: Water used for any commercial or industrial,
including agricultural, purposes, except water actually necessary
to maintain the health and personal hygiene of bona fide employees
while such employees are engaged in the performance of their duties
at their place of employment.
(3)Â
Class 3: Domestic usage, other than that which would
be included in either Class 1 or 2.
(4)Â
Class 4: Water necessary only to sustain human life
and the lives of domestic pets and maintain standards of hygiene and
sanitation.
Whenever the governing body of the City finds
that conditions indicate that the probability of a drought or some
other condition causing a major water supply shortage is rising, it
shall be empowered to declare, by resolution, that a water watch exists
and that it shall take steps to inform the public and ask for voluntary
reductions in water use. Such a watch shall be deemed to continue
until it is declared by resolution of the governing body to have ended.
The resolutions declaring the existence and end of a water watch shall
be effective upon their publication in the official City newspaper.
Whenever the governing body of the City finds
that drought conditions or some other condition causing a major water
supply shortage are present and supplies are starting to decline,
it shall be empowered to declare by resolution that a water warning
exists and that it will recommend restrictions on nonessential uses
during the period of the warning. Such a warning shall be deemed to
continue until it is declared by resolution of the governing body
to have ended. The resolutions declaring the beginning and ending
of the water warning shall be effective upon their publication in
the official City newspaper.
Whenever the governing body of the City finds
that an emergency exists by reason of a shortage of water supply needed
for essential uses, it shall be empowered to declare by resolution
that a water supply emergency exists and that it will impose mandatory
restrictions on water use during the period of the emergency. Such
an emergency shall be deemed to continue until it is declared by resolution
of the governing body to have ended. The resolutions declaring the
existence and end of a water supply emergency shall be effective upon
their publication in the official City newspaper.
Upon the declaration of a water watch or water warning as provided in §§ 580-48 and 480-49, the Mayor (or the City Manager) is authorized to call on all water consumers to employ voluntary water conservation measures to limit or eliminate nonessential water uses, including but not limited to limitations on the following uses:
Upon the declaration of a water supply emergency
as provided in § 480-50, the Mayor (or the City Manager)
is also authorized to implement certain mandatory water conservation
measures, including but not limited to the following:
A.Â
Suspension of new connections to the City's water
distribution system, except connections of fire hydrants and those
made pursuant to agreements entered into by the City prior to the
effective date of the declaration of the emergency;
B.Â
Restrictions on the uses of water in one or more classes
of water use, wholly or in part;
C.Â
Restrictions on the sales of water at coin-operated
facilities or sites;
D.Â
The imposition of water rationing based on any reasonable
formula, including but not limited to the percentage of normal use
and per capita or per consumer restrictions;
E.Â
Complete or partial bans on the waste of water; and
F.Â
Any combination of the foregoing measures.
Upon the declaration of a water supply emergency as provided in § 580-50, the governing body of the City shall have the power to adopt emergency water rates by ordinance designed to conserve water supplies. Such emergency rates may provide for, but are not be limited to, higher charges for increasing usage per unit of use (increasing block rates); uniform charges for water usage per unit of use (uniform unit rate); or extra charges in excess of a specified level of water use (excess demand surcharge).
During the effective period of any water supply emergency as provided for in § 580-50, the Mayor (or City Manager or Director of Utilities) is empowered to promulgate such regulations as may be necessary to carry out the provisions of this article, any water supply emergency resolution, or emergency water rate ordinance. Such regulations shall be subject to the approval of the governing body at its next regular or special meeting.
A.Â
If the Mayor, City Manager, Director of Utilities, or other City official or officials charged with implementation and enforcement of this article or a water supply emergency resolution learn of any violation of any water use restrictions imposed pursuant to § 580-52 or 580-54 of this article, a written notice of the violation shall be affixed to the property where the violation occurred and the customer of record and any other person known to the City who is responsible for the violation or its correction shall be provided with either actual or mailed notice. Said notice shall describe the violation and order that it be corrected, cured or abated immediately or within such specified time as the City determines is reasonable under the circumstances. If the order is not complied with, the City may terminate water service to the customer subject to the following procedures:[1]
(1)Â
The City shall give the customer notice by mail or
actual notice that water service will be discontinued within a specified
time due to the violation and that the customer will have the opportunity
to appeal the termination by requesting a hearing scheduled before
the City governing body or a City official designated as a hearing
officer by the governing body;
(2)Â
If such a hearing is requested by the customer charged
with the violation, he or she shall be given a full opportunity to
be heard before termination is ordered; and
(3)Â
The governing body or hearing officer shall make findings
of fact and order whether service should continue or be terminated.
B.Â
A fee of $50 shall be paid for the reconnection of any water service terminated pursuant to Subsection A. In the event of subsequent violations, the reconnection fee shall be $200 for the second reconnection and $300 for any additional reconnections.
C.Â
Violations of this article shall be a municipal offense
and may be prosecuted in Municipal Court. Any person so charged and
found guilty in Municipal Court of violating the provisions of this
article shall be guilty of a municipal offense. Each day's violation
shall constitute a separate offense. The penalty for an initial violation
shall be a mandatory fine of $100. In addition, such customer may
be required by the Court to serve a definite term of confinement in
the City or county jail which shall be fixed by the Court and which
shall not exceed 30 days. The penalty for a second or subsequent conviction
shall be a mandatory fine of $200. In addition, such customer shall
serve a definite term of confinement in the City or county jail which
shall be fixed by the Court and which shall not exceed 30 days.
Nothing in this article shall limit the ability
of any properly authorized City official to terminate the supply of
water to any or all customers upon the determination of such City
official that emergency termination of water service is required to
protect the health and safety of the public.