(a) Definition. The term “water emergency” shall be defined as any condition or situation which threatens the safety or supply of either treated or potable water within the water supply, treatment and distribution systems of the city or with in the systems of the municipal, commercial and industrial customers. Determination of whether specific situations are considered to be water emergencies shall be made by the city manager or his designee after consultation with the utility department head. Water emergency situations shall include, but are not limited to, drought, or periods of insufficient raw water supply and fires of magnitude, such that system integrity is threatened.
(b) Declaration of water emergency. The city manager or his designee after consultation with appropriate city staff, shall be authorized to declare that a water emergency exists. Depending on the severity of the emergency; voluntary (level I), mandatory (level II, or III) or mandatory (level IV) staged water use restrictions as described in subsection (c) of this section shall be imposed upon customers.
(c) Staged water use restrictions.
(1) Level I. During a declared level I water emergency, the following voluntary water conservation practices shall be encouraged for the public water system served by the city:
a. Water of lawns, ornamental plants and gardens shall be limited to that necessary for plant survival only.
b. Planting of new ornamental plants and seeding of lawns should be deferred until the water emergency situation no longer exists.
c. Household water should be reutilized to the greatest possible extent for watering.
d. Use of water for wash down of outside areas such as driveways or parking lots should be curtailed.
e. Faucets should not be left running while shaving, brushing teeth or washing dishes.
f. The use of clothes and dishwashers should be limited if possible and these units should be operated with full loads when used.
g. Washing of cars and other vehicles should be curtailed to Saturdays or Sundays. Hoses should not be left running while washing vehicles.
h. The use of flow restrictions and other water saving devices is encouraged.
i. Showers should be used for bathing and showers should be limited to four minutes or less.
j. Filling of pools shall be deferred to limited to hours between 9:00 p.m. and 6:00 a.m.
k. Any practice listed in this subsection (c)(1) may be modified or additional practices added at the discretion of the Director of Public Works or his Designee.
(2) Level II. During a declared level II water emergency, the following mandatory water restrictions shall be in effect for the public water system served by the city:
a. All voluntary practices listed in subsection (c)(1) of this section shall be mandatory unless stricter measures are indicated in the section.
b. Residents will be allowed to use water for outdoor activities.
c. Planting of new ornamental plants or seeding of lawns shall be deferred until the water emergency no longer exists.
d. Use of water for washing down of exterior areas, including but not limited to buildings, driveways, and/or parking lots, shall be deferred until the requirements of subsection (2)e. below are met.
e. Public commercial washing structures including those providing hand held washing nozzles may continue normal operation. However, the facility owner/operator shall ensure that waste of water does not occur. All drawing of water shall be prohibited.
f. Restaurants and other food serving establishments shall serve water to patrons only at request of the patron(s).
g. Commercial, industrial and construction operations shall eliminate all possible waste of water.
h. Newly constructed or drained pools shall be filled only on Wednesday or Saturday. A permit must be obtained from the Public Works Director or Fire Chief.
i. Any practice listed above may be modified or additional practices added at the discretion of the Director of Public Works or his designee.
(3) Level III. During a declared level III water emergency, the following mandatory water use restrictions shall be in effect for the public water system served by the city:
a. All practices listed in Level I and Level II shall remain in effect unless stricter measures are indicated in this section.
b. Restaurants and other food serving establishments shall utilize single serving utensils and plates, and serve water only at the patron(s) request.
c. Large scale commercial and industrial water customers and construction activities utilizing five thousand (5,000) or more gallons of water per day shall achieve mandatory reduction in daily water usage of twenty-five (25), fifty (50), or seventy-five (75) percent through whatever means available. The target reduction percentage shall be determined by the severity of the water emergency, and shall be publicly announced as part of the emergency declaration. The Director of Public Works or his designee shall determine compliance with the daily usage reduction targets. Variances to this restriction may be granted to designated public health facilities including but not limited to hospitals and nursing homes.
d. Drinking water taps or hydrant permits shall be issued or revoked at the discretion of the city staff.
e. Any practice listed above may be modified or additional practices added at the discretion of the Director of Public Works or his designee.
(4) Level IV. During a declared level IV water emergency, the following mandatory water use restrictions shall be in effect for the public water system served by the city:
a. All use of water for purposes other than maintenance of public safety is prohibited.
b. Where the city system is not functional, daily per day residential water use shall not exceed 300 gallons at each metered location.
c. Where the city system is not functional, National Guard and emergency services vehicles shall be utilized to distribute water for household use at prearranged locations within the affected area. Usage by individuals shall be limited to those amounts necessary to sustain life through drinking, food preparation and personal hygiene.
d. Compliance plan for industries during level IV remains the same as level II or as directed by the state public health officials. Such plans shall be submitted to the city water resource department within ninety (90) calendar days from the adoption of this section. Plans shall be updated at least every five (5) years.
e. Any practices listed in this subsection (c)(4) may be modified or additional practices added at the discretion of the Director of Public Works or his designee.
(d) Temporary suspension of zoning clearance permits and/or division of land.
(1) Duration. During a declared mandatory (Level II, III, or IV) water emergency, the city manager or his designee may direct that the issuance of zoning clearance permits and/or divisions of land that involve waterline connections or extensions, or any upgrade in capacity for water usage be temporarily suspend for the duration of the water emergency.
(2) Exceptions. Notwithstanding subsections (d)(1) of this section, water connections to the water system owned by the city may continue to be made during a declared mandatory water emergency for the following facilities:
a. Public schools satisfying compulsory education requirements of the state.
b. Public facilities for police, sheriff, fire or emergency medical services.
c. Hospitals.
d. Facilities of public utilities regulated by the state.
(3) Misdemeanor. It shall be unlawful to make any water service connection, not subject to the exceptions set forth in subsection (d)(2) of this section to the water system owned by the city during the time that zoning clearing permits and/or divisions of land that involve waterline connections or extensions, or any upgrade in capacity for water usage are temporarily suspended. In addition to the civil penalties provided for in subsection (e)(1) of this section, any person, firm, or corporation who shall make such connection during such time shall be guilty of a misdemeanor and, upon convictions, shall be punished for a class 3 misdemeanor and shall be fined nor more than $500.00 as provided in the City Code of Ordinances.
(e) Noncompliance of water emergency management section.
(1) Penalties. Any person violating the mandatory provisions of this section shall be issued a civil citation pursuant to City Code of Ordinances and a penalty not to exceed one hundred dollars ($100.00) for residential customers and five hundred dollars ($500.00) for commercial industrial users. Each occurrence of a violation of this section shall be considered a separate violation.
(2) Discontinuance of service. Pursuant to the provisions of the City Code of Ordinances 01-01, water service may be temporarily discontinued for willful disregard of this section. All applicable penalty fees may be applied in the event of service suspensions. In the event of continued gross noncompliance with this section, removal of the meter and service will be deemed proper and service will be discontinued. Tap fees and deposits will be forfeited.
(3) Adoption and enforcement of section provisions. Municipal customers, water corporations or company compliance municipalities, water corporations or companies purchasing water from the city shall adopt and enforce water sale agreements. Upon declaration of a water emergency, such municipalities and companies shall enforce the appropriate water use restrictions for the level of declared emergency. Water service to such municipalities and companies shall be terminated for not enforcing the provisions of this section.
(Ord. of 4/5/77, Div. II, Art. 25; Ord. of 10/1/07, No. 06-08)