(a) Emergency conditions. The Mayor shall be authorized to prohibit, in whole, or in part, certain uses of water as provided below when, in the reasonable exercise of his or her discretion, the following conditions exist:
(1) A prolonged drought or heavy demand period that results in supply facilities, including the Detroit water and sewerage system facilities or City facilities being operated at their optimum capacity with no apparent means available to adequately maintain flows and residual pressure throughout the system; or
(2) Any emergency condition which may arise which will negatively affect operating flows and residual pressures in any substantial portion of the system for any appreciable length of time. Causes of the emergency condition include, but are not limited to, the significant reduction of pressure or water supply to the City or areas of the City, the threat of loss, or other reasons.
(b) Water use reduction plan. The Mayor shall, upon determining that the conditions stated above do exist, institute a water reduction plan which shall be publicized to the Department’s customers via press releases, public notices and other such announcements through available news media at least 24 hours before the order becomes effective. The water reduction plan may include in whole or in part the following prohibitions:
(1) Watering yards. The sprinkling, watering or irrigating of shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens, vegetables, flowers or any other vegetation, except as such may be necessary to preserve the stock of a commercial nursery or tree farms. The Mayor may allow the limited watering of yards for properties with an even-numbered address on even-numbered days and for properties with an odd-numbered address on odd-numbered days;
(2) Washing mobile equipment. The washing of automobiles, trucks, trailers, trailer houses, railroad cars or any other type of mobile equipment;
(3) Cleaning outdoor surfaces. The washing of sidewalks, driveways, filling station aprons, porches and other outdoor surfaces;
(4) Cleaning buildings. The washing of the outside of dwellings; the washing of the inside and outside of office buildings;
(5) Cleaning equipment and machinery. The washing and cleaning of any business or industrial equipment and machinery;
(6) Ornamental fountains. The operation of any ornamental fountain or other structure making a similar use of water;
(7) Swimming pools. Swimming and wading pools not employing a filter and recirculating;
(8) Escape through defective plumbing. The escape of water through defective plumbing, which shall mean the knowing permission for defective plumbing out of repair; and
(9) No water-conserving device. The use of water in air conditioning equipment of over three tons, where the air conditioning equipment is not equipped with a water conserving device.
(c) Exceptions. In promulgating the water reduction plan, the Mayor shall have the authority to except from these prohibitions the following:
(1) A reasonable use of water in any case necessary to maintain adequate health and sanitation standards;
(2) Business and industries necessary for the public health, safety and welfare; and
(3) Business and industries processing animal, vegetable and mineral matter for food for human consumption.
(d) Written exceptions to prohibitions. The Mayor may provide written exceptions to the prohibitions of this section where necessary to prevent imminent excessive financial loss to a water user. Such written exceptions may include the imposition of less restrictive prohibitions on the user than those generally imposed under this section.
(e) Termination of emergency regulations. The Mayor shall cause a public announcement to be made after it is determined that the emergency regulations are no longer necessary.
(f) Enforcement. Any police officer or other City employee designated by the Mayor as so authorized, may issue and serve appearance tickets or any other charging document, charging a violation or violations of this section.
(g) Penalty for violation. Any person who violates this section is guilty of a misdemeanor and shall be punished by a fine not exceeding $500.00 or by imprisonment not to exceed 90 days or by both such fine and imprisonment in the discretion of the court. Each day any violation of this section occurs constitutes a separate offense.
(Ord. 1328, passed 5-7-1956; Ord. 1435, passed 4-28-1958; Ord. 3509, passed 3-10-2003)