§ 52.48  DROUGHT RESPONSE STAGES.
   The City Manager or his or her designee shall monitor lake levels on a daily basis and, in accordance with the triggering criteria set forth in § 52.47, shall determine that a mild, moderate, severe, critical, or emergency condition exists and shall implement the following actions upon publication of notice in a newspaper of general circulation:
   (A)   Stage 1 response – Mild water shortage conditions.
      (1)   Goal: Achieve a voluntary 10% reduction in daily water use.
      (2)   Voluntary water use restrictions.
         (a)   Water customers are requested to voluntarily limit the irrigation of landscaped areas to even numbered days for customers with a street address ending in an even number (0, 2, 4, 6, or 8), and odd numbered days for water customers with a street address ending in an odd number (1, 3, 5, 7, or 9), and to irrigate landscapes only between the hours of midnight and 10:00 a.m. and 8:00 p.m. to midnight on designated watering days.
         (b)   All operators of the city shall adhere to water use restrictions prescribed for Stage 2 of the Plan.
         (c)   Water customers are requested to practice water conservation and to minimize or discontinue water use for non-essential purposes.
   (B)   Stage 2 response – Moderate water shortage conditions.
      (1)   Goal:
         (a)   Reduce daily water usage to 1.0 MGD. (Including the Surface Water Treatment Plant and Water Wells 1 and 2). 
         (b)   Reduce raw water intake consumption at the Surface Water Plant to 0.70 MGD.
      (2)   Water use restrictions.  Under threat of penalty for violation, the following water use restrictions shall apply to all persons:
         (a)   Irrigation of landscaped areas shall be limited to even numbered days for customers with a street address ending in an even number (0, 2, 4, 6, or 8), and odd numbered days for water customers with a street address ending in an odd number (1, 3, 5, 7, or 9), and to irrigate landscapes only between the hours of midnight and 10:00 a.m. and 8:00 p.m. to midnight on designated watering days. However, irrigation of landscaped areas is permitted at anytime if it is by means of a hand-held hose, a faucet filled bucket or a watering can of five gallons or less, or drip irrigation system.
         (b)   Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited except on designated watering days between the hours of midnight and 10:00 a.m. and between 8:00 p.m. and midnight. Such washing, when allowed, shall be done with a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rinses. Vehicle washing may be done at any time on the immediate premises of a commercial car wash or commercial service station. Further, such washing may be exempted from these regulations if the health, safety, and welfare of the public is contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables.
         (c)   Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or Jacuzzi-type pools is prohibited except on designated watering days between the hours of midnight and 10:00 a.m. and between 8:00 p.m. and midnight.
         (d)   Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system.
         (e)   Use of water from hydrants shall be limited to fire fighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water designated for fire hydrants for construction purposes may be allowed under special permit from the city.
         (f)   Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days between the hours of midnight and 10:00 a.m. and between 8:00 p.m. and midnight. However, if the golf course utilizes a water source other than potable water that is provided by the city, the facility shall not be subject to these regulations.
         (g)   The following uses of water are defined as non-essential and are prohibited:
            1.   Wash down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas;
            2.   Use of water to wash down buildings or structures for purposes other than immediate fire protection;
            3.   Use of water for dust control;
            4.   Flushing gutters or permitting water to run or accumulate in any gutter or street; and
            5.   Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s).
   (C)   Stage 3 response - Severe water shortage conditions.
      (1)   Goal:
         (a)   Reduce daily water usage to 0.70 MGD. (Including the Surface Water Treatment Plant and Water Wells 1 and 2). 
         (b)   Reduce raw water intake consumption at the Surface Water Plant to 0.40 MGD.
      (2)   Water use restrictions.  All requirements of Stage 2 shall remain in effect during Stage 3 except:
         (a)   Irrigation of landscaped areas shall be limited to odd-even watering days between the hours of midnight and 10:00 a.m. and between 8:00 p.m. and midnight.
         (b)   The watering of golf course tees is prohibited unless the golf course utilizes a water source other than potable water provided by the city.
         (c)   The use of water for construction purposes from designated fire hydrants under special permit is to be discontinued.
         (d)   All restaurants are prohibited from serving water to its patrons except when requested.
   (D)   Stage 4 response – Critical water shortage conditions.
      (1)   Goal:
            (a)   Reduce daily water usage to 0.50 MGD.  (Including the Surface Water Treatment Plant and Water Wells 1 and 2).
            (b)   Reduce raw water intake consumption at the Surface Water Plant to 0.20 MGD.
      (2)   Water use restrictions.  All requirements of Stages 2 and 3 shall remain in effect during Stage 4 except:
         (a)   Irrigation of landscaped areas shall be limited to odd-even watering days between the hours of 6:00 a.m. and 10:00 a.m. and between 8:00 p.m. and midnight and shall be by means of hand-held hoses, hand-held buckets, or drip irrigation only. The use of hose-end sprinklers or permanently installed automatic sprinkler systems are prohibited at all times.
         (b)   Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle not occurring on the premises of a commercial car wash or commercial service station and not in the immediate interest of public health, safety, and welfare is prohibited. Further, such vehicle washing at commercial car washes and commercial service stations shall occur only between the hours of 6:00 a.m. and 10:00 a.m. and between 6:00 p.m. and 10:00 p.m.
         (c)   The filling, refilling, or adding of water to swimming pools, wading pools, and Jacuzzi-type pools is prohibited.
         (d)   Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system.
         (e)   No applications for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be allowed or approved.
   (E)   Stage 5 response – Emergency water shortage conditions.
      (1)   Goal:
         (a)   Reduce daily water usage to 0.40 MGD from Well No. 1 and Well No. 2.
         (b)   Reduce raw water intake consumption at the Surface Water Plant to 0.0 MGD.
      (2)   Water use restrictions.  All requirements of Stages 2, 3, and 4 shall remain in effect during Stage 5 except:
         (a)   Irrigation of landscaped areas is absolutely prohibited.
         (b)   Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is absolutely prohibited.
   (F)   Stage 6 response - Water rationing.  In the event that water shortage conditions threaten public health, safety, and welfare, the City Manager is hereby authorized to ration water according to the following water allocation plan:
      (1)   Single-family residential customers.
         (a)   The allocation to residential water customers residing in a single-family dwelling shall be as follows:
 
Persons per Household
Gallons per Month
1 or 2
6,000
3 or 4
7,000
5 or 6
8,000
7 or 8
9,000
9 or 10
10,000
11 or more
12,000
 
         (b)   HOUSEHOLD means the residential premises served by the customer’s meter. PERSONS PER HOUSEHOLD includes only those persons currently physically residing at the premises and expected to reside there for the entire billing period. It shall be assumed that a particular customer’s household is comprised of two persons unless the customers notifies the city of a greater number of persons per household on a form prescribed by the City Manager. The City Manager shall give his or her best effort to see that such forms are mailed, otherwise provided, or made available to every residential customer. If, however, a customer does not receive such a form, it shall be the customer’s responsibility to go to the city offices to complete and sign the form claiming more than two persons per household. New customers may claim more persons per household at the time of applying for water service on the form prescribed by the city. When the number of persons per household increases so as to place the customer is a different allocation category, the customer may notify the city on such form and the change will be implemented in the next practicable billing period. If the number of persons in a household is reduced, the customer shall notify the city in writing within two days. In prescribing the method for claiming more than two persons per household, the City Manager shall adopt methods to insure the accuracy of the claim. Any person who knowingly, recklessly, or with criminal negligence falsely reports the number of persons in a household or fails to timely notify the city of a reduction in the number of persons in a household shall be fined not less than $100. Residential water customers shall pay the following surcharges:
            1.   $5 for the first 1,000 gallons over allocation.
            2.   $10 for the second 1,000 gallons over allocation.
            3.   $15 for the third 1,000 gallons over allocation.
            4.   $20 for each additional 1,000 gallons over allocation.
         (c)   Surcharges shall be cumulative.
      (2)   Master-metered multi-family residential customers.
         (a)   The allocation to a customer billed from a master meter which jointly measures water to multiple permanent residential dwelling units (e.g., apartments, mobile homes) shall be allocated 6,000 gallons per month for each dwelling unit. It shall be assumed that such a customer’s meter serves two dwelling units unless the customer notifies the city of a greater number on a form prescribed by the City Manager. The City Manager shall give his or her best effort to see that such forms are mailed, otherwise provided, or made available to every such customer. If, however, a customer does not receive such a form, it shall be the customer’s responsibility to go to the city offices to complete and sign the form claiming more than two dwellings. A dwelling unit may be claimed under this provision whether it is occupied or not. New customers may claim more dwelling units at the time of applying for water service on the form prescribed by the City Manager. If the number of dwelling units served by a master meter is reduced, the customer shall notify the city in writing within two days.  In prescribing the method for claiming more than two dwelling units, the City Manager shall adopt methods to insure the accuracy of the claim. Any person who knowingly, recklessly, or with criminal negligence falsely reports the number of dwelling units served by a master meter or fails to timely notify the city of a reduction in the number of occupied dwelling units shall be fined not less than $100. Customers billed from a master meter under this provision shall pay the following monthly surcharges:
            1.   $5 for 1,000 gallons over allocation up through 1,000 gallons for each dwelling unit.
            2.   $10, thereafter, for each additional 1,000 gallons over allocation up through a second 1,000 gallons for each dwelling unit.
            3.   $15, thereafter, for each additional 1,000 gallons over allocation up through a third 1,000 gallons for each dwelling unit.
            4.   $20, thereafter, for each additional 1,000 gallons over allocation.
         (b)   Surcharges shall be cumulative.
      (3)   Commercial customers
         (a)   A monthly water usage allocation shall be established by the City Manager, or his or her designee, for each nonresidential commercial customer other than an industrial customer who uses water for processing purposes. The nonresidential customer’s allocation shall be approximately 75% of the customer’s usage for corresponding month’s billing period for the previous 12 months. If the customer’s billing history is shorter than 12 months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. If 75% of a customer's monthly usage is less than 50,000 gallons, the customer shall be allocated 37,500 gallons. The City Manager shall give his or her best effort to see that notice of each nonresidential customer’s allocation is mailed to the customer. If, however, a customer does not receive the notice, it shall be the customer’s responsibility to contact the City Manager to determine the allocation. Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased if:
            1.   The designated period does not accurately reflect the customer’s normal water usage;
            2.   One nonresidential customer agrees to transfer part of its allocation to another nonresidential customer; or
            3.   Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions.
            4.   A customer may appeal an allocation established hereunder to the City Manager.
         (b)   Nonresidential commercial customers shall pay the following surcharges:
            1.   Customers whose allocation is 30,000 gallons through 50,000 gallons per month:
               a.   $5 per thousand gallons for the first 1,000 gallons over allocation.
               b.   $10 per thousand gallons for the second 1,000 gallons over allocation.
               c.   $15 per thousand gallons for the third 1,000 gallons over allocation.
               d.   $20 per thousand gallons for each additional 1,000 gallons over allocation.
            2.   Customers whose allocation is 50,000 gallons per month or more:
               a.   Two times the block rate for each 1,000 gallons in excess of the allocation up through 5% above allocation.
               b.   Three times the block rate for each 1,000 gallons from 5% through 10% above allocation.
               c.   Four times the block rate for each 1,000 gallons from 10% through 15% above allocation.
               d.   Five times the block rate for each 1,000 gallons more than 15% above allocation.
         (c)   The surcharges shall be cumulative.  As used herein, BLOCK RATE means the charge to the customer per 1,000 gallons at the regular water rate schedule at the level of the customer’s allocation.
      (4)   Industrial customers.
         (a)   A monthly water usage allocation shall be established by the City Manager, or his or her designee, for each industrial customer which uses water for processing purposes. The industrial customer’s allocation shall be approximately 90% percent of the customer’s water usage baseline. Ninety days after the initial imposition of the allocation for industrial customers, the industrial customer’s allocation shall be further reduced to 85% percent of the customer’s water usage baseline. The industrial customer’s water usage baseline will be computed on the average water usage for the 12-month period ending prior to the date of implementation of Stage 2 of the Plan. If the industrial water customer’s billing history is shorter than 12 months, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. The City Manager shall give his or her best effort to see that notice of each industrial customer’s allocation is mailed to the customer. If, however, a customer does not receive the notice, it shall be the customer’s responsibility to contact the city to determine the allocation, and the allocation shall be fully effective notwithstanding the lack of receipt of written notice. Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased:
            1.   If the designated period does not accurately reflect the customer’s normal water usage because the customer had shutdown a major processing unit for repair or overhaul during the period;
            2.   The customer has added or is in the process of adding significant additional processing capacity;
            3.   The customer has shutdown or significantly reduced the production of a major processing unit;
            4.   The customer has previously implemented significant permanent water conservation measures such that the ability to further reduce usage is limited;
            5.    The customer agrees to transfer part of its allocation to another industrial customer; or
            6.   If other objective evidence demonstrates that the designated allocation is inaccurate under present conditions.
            7.   A customer may appeal an allocation established hereunder to the City Manager.
         (b)   Industrial customers shall pay the following surcharges:
            1.   Customers whose allocation is 50,000 gallons through 100,000 gallons per month:
               a.   $5 per thousand gallons for the first 1,000 gallons over allocation.
               b.   $10 per thousand gallons for the second 1,000 gallons over allocation.
               c.   $15 per thousand gallons for the third 1,000 gallons over allocation.
               d.   $20 per thousand gallons for each additional 1,000 gallons over allocation.
            2.   Customers whose allocation is 100,000 gallons per month or more:
               a.   Two times the block rate for each 1,000 gallons in excess of the allocation up through 5% above allocation.
               b.   Three times the block rate for each 1,000 gallons from 5% through 10% above allocation.
               c.   Four times the block rate for each 1,000 gallons from 10% through 15% above allocation.
               d.   Five times the block rate for each 1,000 gallons more than 15% above allocation.
            (c)   The surcharges shall be cumulative. As used herein, BLOCK RATE means the charge to the customer per 1,000 gallons at the regular water rate schedule at the level of the customer’s allocation.
(Ord. 2000-03, passed 2-19-2000; Ord. 2000-04, passed 3-11-2000; Ord. 2009-08, passed 3-17-2009)  Penalty, see § 52.99