(A) Application. This section shall apply to all persons, firms, partnerships, corporations, companies or organizations connected to the town public water system or using water therefrom ("users").
(B) Declaration of need. Upon determining that the town public water system is in a condition of water shortage, the Town Council shall declare a water conservation emergency and establish the appropriate measures and the duration thereof.
(C) Conservation measures. Practices that conserve water should be used at all times. Examples of conservation measures include:
(1) Judiciously sprinkling, watering, or irrigating shrubbery, trees, grass, ground covers, plants, vines gardens, vegetables, or any other vegetation; eliminating wasteful sprinkling of impervious surfaces, such as streets and sidewalks;
(2) Limiting water use while washing trucks, trailers, mobile homes, railroad cars or any other type of mobile equipment;
(3) Limiting water use while cleaning sidewalks, driveways, paved areas, or other outdoor surfaces;
(4) Repairing or replacing leaking water fixtures and service lines;
(5) Using appliances such as clothes washers and dishwashers only when they are full;
(6) Turning off the water while brushing teeth or shaving;
(7) Using a higher lawnmower setting to provide natural ground shade and promote the soil's water retention;
(8) Washing cars with a bucket of soapy water and using a nozzle to stop the flow of water from the hose between rinsing;
(9) Covering swimming pools when not in use to reduce evaporation.
(D) Voluntary conservation. During moderate water shortages users shall be requested to reduce water consumption by practicing voluntary conservation. The town shall identify reasonable and meaningful conservation techniques and provide such information to users. The town may also implement conservation pricing and prohibitions to encourage water conservation.
(E) Mandatory conservation. During severe water shortages users shall be prohibited from selected water uses subject to reasonable terms, times and conditions as the Town Council shall adopt and append to this section. Mandatory conservation prohibited uses shall remain in effect until the severe water shortage is declared over:
(1) Watering lawns;
(2) Watering trees;
(3) Washing vehicles;
(4) Children playing in the sprinkler;
(5) Use of "Slip N Slides";
(6) Leaking faucets or appliances;
(7) Any other use declared by the Town Council.
(F) Rationing. In addition to mandatory conservation measures users shall be limited during extreme water shortage to water use by the following schedule:
(1) Residential use shall be limited to 200 gallons per residential unit per day.
(2) Business, commercial, agricultural, and industrial users shall be limited to the volume of water deemed to be essential. Essential volume means the minimum amount needed for sanitary conditions and machine cooling or other business use. Recognizing that each business, commercial or industrial user may have different minimum water requirements, each will be reviewed on a case by case basis. Those customers that use water for machine cooling are encouraged to install a closed loop system to minimize the amount needed.
(G) Exceptions. The Town Council shall establish rationing exemptions necessary to provide for the maintenance of adequate health, safety, and sanitary conditions.
(H) Notice.
(1) Notice of the need for voluntary conservation measures shall be issued in a local newspaper of general circulation or other means such as radio and television as deemed appropriate by the Town Council. Notice shall be effective upon issuance.
(2) Notice of mandatory conservation or rationing, shall be by first class United States mail, or by other door-to-door distribution to each current user, and by electronic and print media. Notice shall be deemed effective at the conclusion of door-to-door distribution or at noon of the third day after depositing notice in the United States mail.
(I) Enforcement. Any user who violates divisions (E) or (F) above may be punished by a fine of not more than $2,500 (I.C. 36-1-3-8 (a)(10)(B)). Each day of violation shall constitute a separate offense. In addition to, or in the alternative to, a fine, water service may be terminated for any user who violates divisions (D) or (E) above.
(J) Definitions. For purposes of this section the following definitions shall apply unless the content clearly indicates or requires a different meaning.
FINISHED WATER.
Water treated in a manner that it is suitable for human consumption.
LOCAL UNIT OF GOVERNMENT.
Any county or municipality having the ability to promulgate ordinances including those having enforceable penalties related to water use.
MANDATORY CONSERVATION.
Compliance with a local unit of government's imposition of requirements that are designed to reduce certain kinds and types of water use.
TREATED WATER.
Water treated in a manner that it is suitable for human consumption or for another designated use.
VOLUNTARY CONSERVATION.
Compliance with a local unit of government's request to reduce water use.
WATER MANAGEMENT STRATEGY.
A plan adopted by a local unit of government together with its water resource manager or utility to reduce the demand upon both raw water supply and treated or finished water.
WATER RATIONING.
Compliance with a local unit of government's imposition of restrictions that will reduce demand for water to a maximum allowable quantity within a finite time interval (e.g.; gallons per person per day).
(Ord. 1523-9-12, passed 12-19-2012)