(A) (1) Whenever any of the following conditions exist, the City Manager shall certify such conditions to the Mayor, in writing, together with recommendations for the alleviation of such conditions:
(a) Loss of use of a water main due to a break or leak, or the loss of use of a water tower or pumping mechanism, or the loss of function or use of any other structure or device which results in the loss of the use of a large quantity of water;
(b) Loss of water pressure;
(c) The city’s water supply becomes depleted to such an extent that it is anticipated that sufficient water will not be available for ordinary domestic consumption; or
(d) Other conditions that pose a possible or immediate threat to the health and safety of the users of the water system.
(2) Upon the certification of the City Manager, the Mayor shall issue a proclamation, under the provisions of this section, establishing restrictions on the use of water. The provisions of the Mayoral proclamation restricting water usage shall apply to all consumers of the city’s water system, both within and without the city limits. The restrictions on water usage shall become effective immediately and shall remain in effect until such time as the City Manager determines that restricted usage is no longer necessary.
(B) The following water restriction stages are recommended to be used based on the actual and anticipated conditions of the water system.
(1) Stage 1: voluntary restrictions of outdoor water usage. Upon certification of the conditions for stage 1, the Mayor shall, through appropriate means, call upon the general population to conserve water voluntarily by limiting outside watering to the hours between midnight and noon every other day.
(2) Stage 2: mandatory restriction of outdoor water usage to every other day. Upon certification of the conditions for stage 2, the Mayor shall order the mandatory restriction of outside water usage including but not limited to watering of lawns, trees, shrubs, gardens and bedding plants, vehicle washing, washing or hosing down of sidewalks, driveways, and streets, filling of pools, or other recreational uses to the hours between 12:00 a.m. and 12:00 p.m. every other day on even-numbered days for street addresses ending in an even number and odd-numbered days for street addresses ending in an odd number.
(3) Stage 3: mandatory restriction of outdoor water usage to one day a week. Upon certification of the conditions for stage 3, the Mayor shall order the mandatory restriction of outside water usage including but not limited to watering of lawns, trees, shrubs, gardens and bedding plants, vehicle washing, washing or hosing down of sidewalks, driveways and streets, filling of pools, or other recreational uses to the hours between 12:00 a.m. and 12:00 p.m. on the day of the week designated for watering. The designated day for watering shall follow the designated day for weekly solid-waste pickup zones.
(4) Stage 4: mandatory prohibition of outdoor water usage. Upon certification of the conditions for stage 4, the Mayor shall prohibit all outside water usage, including but not limited to watering of lawns, trees, shrubs, gardens, and bedding plants, vehicle washing, washing or hosing down of sidewalks, driveways, and streets, filling of pools, or other recreational uses.
(5) Stage 5: mandatory prohibition of outdoor and intensive water usage. Upon certification of the conditions for stage 5, the Mayor shall prohibit all outside water usage, including but not limited to watering of lawns, trees, shrubs, gardens, and bedding plants, vehicle washing, washing or hosing down of sidewalks, driveways, and streets, filling of pools, or other recreational uses. All other intensive water uses, including those exempted in division (C) below shall also be prohibited.
(C) The following activities, users, or usages of water shall be exempt from the restrictions prescribed by the proclamation authorized under division (A) above, except no exemption shall apply in stage 5 mandatory prohibition of outside and intensive water usage, with the exception of division (C)(4) below:
(1) Watering upon the immediate premises of any commercial nursery raising plants, shrubs, or trees for sale;
(2) Commercial car washes;
(3) Commercial and public swimming pools;
(4) Washing of motor vehicles used in food transportation, food products, perishable goods, or motor vehicles used for garbage collection;
(5) Food producing crop for personal use or consumption only;
(6) Lawns which have been treated by commercial nurseries, landscape gardeners, or similar type businesses, if:
(a) The watering is completed within 24 hours from the treatment of the lawns; and
(b) A sign is conspicuously posted on the premises stating the date and time of the lawn treatment.
(7) Newly planted lawns for a period of two weeks with the posting of a sign which sets out the date of the start of such two-week period.
(D) The use of fire hydrant meters during stages 3 or 4 is prohibited except for approved subdivision construction plats, public construction contracts, and where earth change or building permits have been issued by the city. The use of fire hydrant meters during stage 5 is prohibited.
(E) Any violation of the restrictions of stages 2, 3, 4, or 5 by any party receiving water by a user located inside the city limits shall be deemed a violation of this code and the penalties shall be as set out in § 10.99 of this code of ordinances for a first offense. Each day that an offense occurs shall be deemed a separate offense. Second and subsequent offenses shall be in addition to a citation prosecuted in Municipal Court and shall be treated under the same terms and conditions as those of a customer who is receiving water under an outside water sales contract.
(F) (1) Customers receiving water by virtue of an outside water contract shall for a first violation receive a letter of notice of violation and the water rate applicable to that customer shall be increased by 50% for the duration of that billing period. For a second violation by the customer during the declared water emergency, the customer shall receive a notice of violation and the water rates for the customer shall be doubled for not only that billing period but the remainder of the declared emergency. A third violation during the declared emergency by the customer shall cause the customer(s) agreement to be cancelled and immediately terminate water service(s). The customer, whether inside or outside of the city limits, shall be required to reapply for water service and all applicable application fees and deposits will be required. Water service agreements with customers outside the city limits are at the discretion of the Council.
(2) For purposes of this section,
CUSTOMER is defined as the individual or entity contracting with the city for water service provided through a master meter. If the customer has additional customers attached beyond the master meter, it is the customer’s responsibility to ensure compliance with the declared water emergency requirements by all its additional customers.
(Prior Code, § 52.10) (Ord. 1537, passed 4-10-2007) Penalty, see § 10.99