(A) Purpose and scope. The purpose of this subchapter is to establish the city’s policy in the event of shortages or delivery limitations in the city’s water supply. This subchapter shall apply to:
(1) All customers and premises within the city using water from the water system; and
(2) All customers who live in unincorporated areas within the city’s extraterritorial jurisdiction and are served by the water system.
(B) Emergency Water Management Plan. At such time or times as it may be necessary or advisable, the City Manager shall promulgate and submit an emergency water management plan to the City Council for approval, the guidelines of which should include:
(1) The priority of users of the city’s water supply subject to the requirements of state law;
(2) The conditions under which a particular stage of emergency will be implemented or terminated; and
(3) Provisions defining specific events that will trigger an emergency.
(C) Authority. The City Manager is authorized to implement measures prescribed when required by this subchapter and by the emergency water management plan approved by the City Council. The Director is authorized to enforce the measures implemented and to promulgate regulations in aid of enforcement, which are not in conflict with this subchapter or stale and federal laws.
(D) Implementation of emergency order. The City Manager may order that the appropriate stage of emergency response, as detailed in the emergency water management plan, be implemented. To be effective, the order shall be:
(1) Made by public announcement; and
(2) published in a newspaper of general circulation in the city as soon as reasonably possible or practical after the public announcement, and such order shall be immediately effective upon publication.
(E) Duration of order; change; extension. The order can be made effective for up to, but not more that, 60 days from the date of publication. The City Manager may upgrade or downgrade the stage of emergency when the conditions triggering that stage occur. Any change in the order must be made in the same manner prescribed in division (D) of this section for implementing an emergency order. The City Council may, upon the recommendation extend the duration of the emergency order for additional time periods, not to exceed 120 days each. The City Manager shall terminate the order in the manner prescribed in division (D) of this section for implementing an emergency order when the City Manager determines that the conditions creating the emergency no longer exists.
(F) Violation of subchapter. A person shall be in violation of this subchapter and shall be subject to the penal provisions of this chapter if he or she knowingly makes, causes or permits a use of water contrary to the measures implemented by the City Manager as prescribed in the emergency water management plan. For purposes of this division, it is presumed that a person has knowingly made, caused or permitted a use of water contrary to the measures implemented if the mandatory measures have been formally ordered consistent with the terms of division (D) of this section and:
(1) The manner of use has been prohibited by the emergency water management plan; or
(2) The amount of water used exceeds that allowed by the emergency water management plan; or
(3) The manner or amount used violates the terms and conditions of a compliance agreement made pursuant to a variance granted by the City Manager under this chapter.
(G) Revisions. The City Council may. from time to time, make revisions in the emergency water management plan approved under division (B) of this section if prudent conservation requires the revisions.
(H) Authority under other laws. Nothing in this subchapter shall be construed to limit the authority of the City Manager, Mayor. City Council or the Director to seek emergency relief under the provisions of any state or federal disaster relief act.
(Ord. O-16-821, passed 7-28-2016) Penalty, see § 50.999