A. Purpose: The purpose of this section is to ensure that the village water system always has a sufficient volume of water to meet requirements for fire protection and other commercial and domestic water needs for the public health, safety, and welfare.
B. Definitions:
CLEANING OUTDOOR HARD SURFACES: The washing of sidewalks, driveways, filling station aprons, porches and other outdoor surfaces.
DEFECTIVE PLUMBING: The escape of water through defective plumbing, which shall mean the knowing permission for defective plumbing to remain out of repair.
OUTDOOR WATERING: The sprinkling, watering or irrigating of shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens, flowers or any other vegetation.
C. Emergency Situations:
1. Authority To Proclaim Emergency: Whenever an emergency exists by reason of a shortage of water due to inadequate supply, limited treatment of distribution capacity or failure of equipment or materials, and that the village water system is unable to or will, within thirty (30) days, become unable to supply the full commercial and domestic needs of the users thereof, including adequate fire protection as determined by the water department, the governing body is authorized to restrict or prohibit the use of the water from the village water system by emergency proclamation.
2. Issuance Of Proclamation: Upon the determination that a water shortage emergency exists, the governing body shall issue a proclamation declaring the emergency and setting out an order restricting use of water from the village system. Depending on the severity and duration of the water shortage, restrictions and prohibitions shall be tiered on four (4) levels:
a. Level one, green flag: Water levels are marginally adequate but, without voluntary measures, are anticipated to drop below the critical level.
b. Level two, blue flag:
(1) Two (2) days per week outdoor watering restrictions. Odd street addresses are allowed outdoor watering on Wednesdays and Saturdays; even street addresses are allowed outdoor watering on Thursdays and Sundays. Outdoor watering on designated days shall only be allowed between the hours of six o'clock (6:00) A.M. and ten o'clock (10:00) A.M. and six o'clock (6:00) P.M. and ten o'clock (10:00) P.M.
(2) Planting of new sod or turf is not recommended.
(3) The filling of hot tubs is not recommended.
(4) Water is not allowed to run unattended or to run off property in a wasteful manner.
(5) Cleaning of outdoor hard surfaces (streets, driveways, sidewalks, buildings) is prohibited.
(6) Vehicle washing is discouraged and prohibited for fundraising events.
c. Level three, yellow flag:
(1) One day per week permitted outdoor watering restrictions. Odd street addresses are allowed outdoor watering on Saturdays, and even street addresses are allowed outdoor watering on Sundays. Outdoor watering on designated days shall only be allowed between the hours of six o'clock (6:00) A.M. and ten o'clock (10:00) A.M. and six o'clock (6:00) P.M. and ten o'clock (10:00) P.M.
(2) The planting of all new outdoor landscaping is prohibited.
(3) The filling of hot tubs is not recommended.
(4) Water is not allowed to run unattended or to run off property in a wasteful manner.
(5) Cleaning of outdoor hard surfaces (streets, driveways, sidewalks, buildings) is prohibited.
(6) Vehicle washing is prohibited.
d. Level four, red flag:
(1) All outdoor uses of water are prohibited.
(2) The planting of all new outdoor landscaping is prohibited.
(3) Residents and visitors are requested to curtail as much indoor water use as possible.
(4) The filling of uncovered earthen water storage reservoirs and similar facilities is prohibited.
3. Publication And Posting Proclamation:
a. The proclamation required by subsection C1 of this section shall be published in a newspaper of general circulation in the village, or if there is no such newspaper in which the proclamation may be published within twenty four (24) hours after the emergency arises, publication shall be by posting a copy of the proclamation in seven (7) prominent places in the village and publish as soon as possible in a newspaper of general circulation in the village. The emergency shall be in full force and effect upon publication. Substantial compliance with this subsection is sufficient to effect the emergency.
b. Subsequent to initial posting of the proclamation, the specific level of the emergency shall be posted daily in front of the village hall at 3388 Highway 434 by use of a colored flag corresponding to the level of the emergency as described in subsection C2 of this section.
4. Duration Of Emergency: A duly proclaimed emergency shall continue and terms of the proclamation shall be in force until such time as the governing body shall cause to be published a proclamation that the emergency has ended.
D. Nonemergency Conservation Measures:
1. Residential Buildings: All new residential construction, remodeling, and fixture and appliance replacement shall meet the following requirements:
a. Low flow toilets: One and six-tenths (1.6) gallons/flush or less.
b. Low flow shower heads: Two and five-tenths (2.5) gallons per minute (gpm) flow or less.
c. Low flow faucets.
d. Automatic dishwashers using less than thirteen (13) gallons/cycle or less.
e. Cutoff valves for showerheads.
f. Kitchen faucet aerator shutoffs or steam/spray aerators.
g. Low flow clothes washing machines; no more than forty three (43) gallons in regular cycle, and reduced water level adjustments for reduced loads.
2. Commercial Buildings: All new commercial construction, remodeling, and fixture and appliance replacement have the same requirements as residential where applicable, along with the following requirements:
a. Public restroom faucets shall be limited to two and five- tenths (2.5) gallons per minute flow or less.
b. Automatic shutoff valve for public restroom faucets.
c. Public showers shall be equipped with self-closing valves.
d. Recirculating lines on hot water lines with over one hundred feet (100') development length between heater and fixture.
e. Automatic flush valves (flushometers).
f. Submittal of a water conservation plan for uses other than bathrooms.
3. Defective Plumbing: All defective plumbing shall be repaired and subsequently maintained in good working order.
4. Information To Contractors And Realtors: The information in this subsection will be provided to all contractors and real estate offices for delivery to new owners.
E. Exemptions From Provisions: The provisions of this section shall not apply to those businesses and industries declared by resolution of the village to be necessary for the public health, safety, and welfare.
F. Violation; Penalties:
1. Violation: Any person who, in any manner, directly or indirectly violates or permits others under his supervision, custody or control to violate any term of a duly published proclamation shall be guilty of a misdemeanor. Each separate day of water use in violation of such proclamation shall constitute a separate offense, and each separate offense and each separate prohibited use on the same day shall constitute a separate offense.
2. Penalties: First violation will receive a warning; second violation will receive a citation with a fine up to, but not more than, twenty five dollars ($25.00); third and subsequent violations will receive a citation with a fine up to, but not more than, five hundred dollars ($500.00). (Ord. 2011-02, 1-11-2011)