(a) Definitions. As used in this section, the following terms are defined as follows:
Irrigate the landscape, irrigation of the landscape, and irrigation means the act of applying water to the outdoor landscape by any means involving sprinklers or automatic watering devices, including but not limited to the use of sprinklers attached to hoses, and installed underground sprinkler systems.
Landscape means the natural or modified ground outside the border of the foundation wall of the constructed area of the property.
Person means user of the town's potable water system.
Reclaimed or reused water means the treated plant effluent from a wastewater treatment facility that is further disinfected and piped or distributed in bulk form.
(b) Irrigation of landscape prohibited except in accordance with this section. No person shall use potable water supplied by the town water system to irrigate the landscape on any property except on alternate days assigned to that property for irrigating the landscape. The days of the week on which irrigation of the landscape can take place at a particular property shall be determined by that property's street address. The Town Manager or designee shall develop a Standard Procedure setting forth irrigation days for the various street addresses and other details of alternate day watering. Such Standard Procedure shall be developed, maintained and amended as needed to keep the irrigation days and administration procedures consistent with recommendations from area experts such as the North Carolina Agricultural Extension Service and technological advances. The use of "reclaimed" or "reused" water, pond water, rainwater and well water or other nonpotable water is not governed by this section, nor is the watering of plant material and lawns by use of drip irrigation, watering cans, hand-held hoses, and other hand-held watering tools.
(c) Violations. Each day a violation occurs is a separate violation. Any person violating this section may be cited for each day on which a violation occurs.
(d) Penalties. Penalties for violation of this section are as set forth herein. The town may use any one, or combination, of penalties and enforcement mechanisms. Imposition of one or more penalties for any violation shall not excuse any violation or permit it to continue.
(1) Civil penalties. After the second notice a violation of this section shall subject the violator to a civil penalty as set forth in the town budget fee schedule. Violators shall be issued a written citation that must be paid within two weeks of the service date of the citation. The citation may be served by personal delivery or by certified or registered mail, return receipt requested. The citation shall describe the violation and shall specify the amount of the civil penalty levied. The civil penalty is collectible in a civil action in the nature of debt. The town attorney, or designee, is authorized to file suit on behalf of the town to collect any unpaid citations, and the town manager, the town utilities director, or their designee, is authorized to verify and sign complaints on behalf of the town in such suits. The director of utilities or designee, a police officer, or other town employee duly authorized to enforce the alternate day watering service level may issue a citation for violations of this section.
(2) Criminal penalties. In addition to or in lieu of civil penalties, violation of this section shall constitute a misdemeanor. A police officer may initiate the criminal process as provided by law.
(e) Emergency suspension of service. The town manager may restrict or suspend water flow (water service) to any person who violates this section if the manager makes a water shortage declaration and/or that person has failed to comply on numerous occasions. The manager or designee shall make findings of fact to indicate the nature of the water emergency and the actions of that person that exacerbate the emergency situation. The manager may order:
(1) That such water uses as irrigation of the landscape be suspended entirely for a specified period of time;
(2) That water flow to that person be restricted; or
(3) That water service to that person be suspended for a specified period of time.
Suspension of water service shall be performed in accordance with the town's ordinances, policies, procedures and practices. In the event that the manager orders that irrigation of the landscape be suspended for a specified period of time, the manager or designee shall have the right and privilege to access, on private property if necessary, all necessary valves and flow restriction devices to isolate the flow of water to the irrigation system. The manager, or designee, shall also have the right and privilege of access specified above to disconnect water service at the meter, if the manager has ordered that water service be suspended for a specified period of time. The standard reconnection charge shall be paid for the reconnection of any water service terminated at the meter pursuant to the current town ordinances and procedures.
(f) Exceptions.
(1) The Town Manager or designee may grant temporary exceptions permits to the provisions of this section 36-80 for periods of up to 45 days for the establishment of new turf year-round or for the re-establishment of turf seasonally. Such temporary exception permits shall be granted based upon the valid application of a customer. The exception permit application process and other details as may be necessary to further define and implement temporary exception permits will be defined in the Standard Procedure referenced in Sec. 36-80(b). Such Standard Procedure shall be developed, maintained and amended as needed to keep the conditions under which exception permits are granted consistent with recommendations from area experts such as the North Carolina Agricultural Extension Service and technological advances.
(Code 1982, § 19-44; Ord. No. 00-009, 4-13-2000; Ord. No. 02-012, 4-24-2002; Ord. No. 2007-05, § 1, 5-10-2007; Ord. No. 2008-Code-01, 6-12-2008; Ord. No. 2009-Code-07, 5-14-2009; Ord. No. 2010-Code-04, 6-9-2010; Ord. No. 2019-Code-04, 10-10-2019)
State law reference(s)--Penalties for ordinance violations, G.S. 14-4, 160A-175.