23-4.02   Water Shortage Response.
   a.   Whenever the General Manager of BGMU and the Manager or the acting Manager of the Warren County Water District (WCWD), the public purveyors of potable water in the City of Bowling Green and Warren County, find that a potential shortage of the supply of treated water exists or will exist, upon written certification thereof to the Mayor of the City of Bowling Green and the Judge Executive of Warren County, the Mayor and the Judge Executive may publicly declare a “Water Shortage Advisory” pursuant to KRS Chapter 39A. In addition to the declaration, the Mayor and the Judge Executive shall call upon all customers of BGMU and the WCDW to employ voluntary water conservation and to eliminate the waste of all treated water.
   b.   Whenever the General Manager of BGMU and the Manager of the WCDW, the public purveyors of potable water in the City and Warren County, find that a condition exists where they will not be able to meet the expected needs of their customers, upon written certification thereof to the Mayor and the Judge Executive, the Mayor and Judge Executive may publicly declare a “Water Shortage Alert”. In addition to the declaration, the Mayor and Judge Executive may call upon all customers of BGMU and the WCDW to employ voluntary water conservation and to eliminate the waste of all treated water and to use treated water outside of buildings (such usage to include but not limited to car washing, driveway washing, filling of swimming pools, use and filling of fountains and watering of lawns, bushes and trees) only in accordance with the following schedule:
      1.   Outside use for addresses ending in an odd number shall be limited to Tuesdays, Thursdays and Saturdays; and,
      2.   Outside use for addresses ending in an even number shall be limited to Wednesdays, Fridays and Sundays.
   BGMU shall also be authorized to implement a twenty (20%) percent Water Shortage Alert surcharge on all water used in excess of the user’s six (6) month average usage immediately preceding the month of the Water Shortage Alert.
   c.   Whenever the General Manager of BGMU and the Manager of the WCWD find that BGMU and the WCWD are unable to meet the expected needs of their customers and that such a condition will exist for some period of time in the future, and upon written certification thereof to the Mayor and Judge Executive, the Mayor and Judge Executive may publicly declare a “Water Shortage Emergency”. In addition to the declaration, the Mayor and Judge Executive may call upon all customers of BGMU and the WCWD to employ voluntary water conservation and to eliminate the waste of all treated water, to eliminate the use of water outside of buildings and to use water only as necessary to maintain minimum standards of hygiene and sanitation and to provide for essential health and public protection purposes. BGMU shall also be authorized to implement a fifty (50%) percent Water Shortage Emergency surcharge on all water used in excess of the user’s six (6) month average usage immediately preceding the Water Shortage Emergency.
   d.   Whenever the General Manager of BGMU and the Manager of WCWD find that BGMU and WCWD are unable to meet the expected needs of their customers and that such a condition will exist for some period of time in the future, and upon written certification thereof to the Mayor and the Judge Executive, the Mayor and the Judge Executive shall publicly declare a “Water Shortage Rationing”. In addition to the declaration, the Mayor and the Judge Executive shall call upon all customers of BGMU and WCWD to employ the use of water conservation and to eliminate the waste of all treated water, to eliminate the use of water outside of buildings and to use water only as necessary to maintain minimum standards of hygiene and sanitation and to provide for essential health and public protection purposes. The Mayor and the Judge Executive shall authorize BGMU and WCWD to implement water rationing procedures as defined in BGMU’s Drought Response Plan. Rationing shall be administered commensurate with the length and severity of the drought. BGMU shall also be authorized to implement a one hundred (100%) percent Water Shortage Rationing surcharge on all water used in excess of the user’s six (6) month average immediately preceding the Water Shortage Rationing.
   e.   Whenever the Mayor and Judge Executive have declared a “Water Shortage Alert,” “Water Shortage Emergency” or “Water Shortage Rationing” pursuant to this Section, they or BGMU and WCWD, with the approval of the Mayor and the Judge Executive, may promulgate such administrative regulations governing all water usage in Bowling Green and Warren County by all customers of BGMU and the WCWD as may, in the discretion of the Mayor and Judge Executive appear necessary to protect the health and public safety of the residents in Bowling Green and Warren County in a manner consistent with the terms of this Section.
   f.   The declaration of a “Water Shortage Advisory,” “Water Shortage Alert,” “Water Shortage Emergency” or “Water Shortage Rationing” shall continue until the General Manager of BGMU and the Manager of the WCWD find that the conditions calling for the declaration no longer exist and upon written certification thereof to the Mayor and Judge Executive, the Mayor and Judge Executive may publicly declare the condition no longer existing.
   g.   In the event there is a water supply shortage in the service area of either BGMU or WCWD, but not both, then the appropriate member of management of the utility experiencing the shortage shall only make the certifications referred to above to the public official who appoints the members of its governing body and that public official may act alone as provided above.
   h.   Any person who violates the provisions of a “Water Shortage Alert” shall be subject to a fine not to exceed two hundred fifty ($250.00) dollars. Any person who violates the provisions of a “Water Shortage Emergency” shall be subject to a fine not to exceed two hundred fifty ($250.00) dollars and up to ninety (90) days imprisonment. Any person who violates the provisions of a “Water Shortage Rationing” shall be subject to a fine not to exceed five hundred ($500.00) dollars and up to ninety (90) days imprisonment. Each day in violation of the terms of this Section shall constitute a separate offense.
(Ord. BG99-37, 8/10/99; Ord. BG2001-5, 2/20/2001; Ord. BG2014-11, 6/3/2014)