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A. Purpose. The purpose of this section is to ensure the use of water from the municipal water plant is regulated in times of low water in a manner the city deems to be in the best interest of the city and its water users so as to protect, preserve, and maintain public health, safety, and welfare.
“Emergency water restriction” shall mean any situation when insufficient water is available to meet the present or anticipated needs of the city and its water users. An emergency restriction may be imposed in times of drought, low water, or a major infrastructure failure.
“Person” means any individual, corporation, business, partnership, association, or other entity receiving water from the municipal supply.
“Water user” means all persons using water from the city water supply.
C. Restriction requirements. Upon its declaration of an emergency water restriction, the city shall be authorized to determine and implement certain restrictions necessary to conserve and maintain adequate reserves of the public water supply. In the event there is a declaration, the following levels of restriction will apply immediately after the public is notified of the restriction as set forth below.
1. If the city issues a Stage 1 restriction, then:
Water users with addresses ending with an odd number (such as 737 Indiana, 511 North Ohio or 315 West 5th Street, for example) shall only operate their lawn and garden sprinklers, whether automatic or manual, on Monday, Wednesday, and Friday. Water users with on even-numbered address shall only operate their lawn and garden sprinklers, whether automatic or manual, on Tuesday, Thursday, and Saturday. There shall be no use of lawn or garden sprinklers on Sunday. There shall be no restriction on hand watering under a Stage 1 declaration.
2. If the city issues a Stage 2 restriction, then:
Only hand watering, or watering from a can or bucket, shall be allowed. No water user shall operate any sprinkler system, automatic or otherwise, on lawn or garden.
3. If the city issues a Stage 3 restriction, then:
There shall be no outside water use, which means no watering of lawns or gardens, no washing or spraying of streets, sidewalks, driveways, parking lots, porches, patios, or verandas, no filling of swimming pools, ponds, hot tubs, spas, or decorative fountains, and no washing of cars, trucks, or boats except at a commercial business engaged in car, truck, and boat washing.
D. Exceptions to restrictions. There shall be no restriction on water necessary to sustain “animal life”, which is defined as animals allowed by ordinance to be in the city, such as dogs and cats. There shall also be no restriction on uses of water originating from sources other than the municipal water supply. There shall be no restriction of water for firefighting.
E. Notification. Notification of an emergency water restriction shall be made as follows:
1. By conspicuously posting the declaration in at least two public places; and
2. Advertising the declaration on public radio; and
3. Publishing notice of the declaration in a newspaper of general circulation within the city.
4. In addition to the above methods, the city may provide public notification by other means reasonably determined to notify all water users of the restriction.
F. Termination. Upon a determination that the emergency water restriction no longer exists, the city may terminate the declaration of restriction. Public notification of the termination shall be given in accordance with division E.
G. Enforcement and non-criminal penalties. The city is authorized to enforce this section. Any person failing to comply with the restrictions imposed under this section shall be subject to the following civil penalties:
1. First violation. The city shall provide a written warning. Written notification of the violation shall be left with the water user or left upon the premises in a conspicuous location reasonably determined to be found by the water user, such as hung or attached on the door of the residence or business. The notice shall be sufficient if it explains the violation in general terms and sets forth the penalty for a subsequent violation within the same period of restriction.
2. Second violation. A second violation within the same period of restriction shall result in a civil penalty of $25.
3. Third and subsequent violations. Third and subsequent violations within the same period of restriction shall result in a civil penalty of not less than $50 and not more than $300.
H. Collection alternative. In the event civil penalties imposed under division G. are not collected by the court, the city may assess, charge, and bill the water user, on its monthly water bill, the amount of the civil penalty imposed.
(Ord. 524 §§1, 2, 3, 4, 5, 6, 7, 8, 2016)