(A) Authority of Mayor in emergencies. Whenever an emergency exists by reason of a shortage of water due to inadequate supply, limited treatment or distribution capacity or failure of equipment or material, the Mayor is hereby authorized to restrict or prohibit the use of water from the town water system.
(B) Emergency conditions. An emergency exists whenever the Mayor reasonably determines that the town water system is unable to or will, within 60 days, become unable to supply the full commercial and domestic needs of the users thereof, including adequate fire protection.
(C) Proclamation.
(1) Upon the determination that such an emergency exists, the Mayor shall issue a proclamation declaring the emergency and setting out with particularity an order restricting use of water from the town system. Such order may:
(a) Restrict water usage during certain periods of the day or week or according to any orderly and nondiscriminatory scheme; and
(b) Prohibit usages not essential to public health and safety.
(2) The order may be revised from time to time as the Mayor deems necessary.
(D) Publication of proclamation.
(1) The proclamation required by division (C) below shall be published in a newspaper of general circulation in the town, or if there is no such newspaper in which the proclamation may be published within 24 hours after the emergency arises, publication shall be by posting a copy of the proclamation in ten prominent places in the town. The emergency proclamation shall be in full force and effect upon publication. Substantial compliance with this division (D)(1) is sufficient to effect the proclamation.
(2) Whenever a sudden or unexpected event so reduces the availability of water or water pressure as to create an immediate threat to public health or safety, the notice of the proclamation may be given by any reasonable means, including electronic means. The emergency shall be in full force and effect upon such notice. If any such means is other than that required in division (D)(1) above, the proclamation shall be republished in accordance with division (D)(1) above within 24 hours of the first notice.
(E) Duration of proclamation. A duly proclaimed emergency shall continue, and the terms of the proclamation shall be in full force, for 30 days or until such time as the Mayor or the Town Board of Trustees shall cause to be published a proclamation that the emergency has ended, whichever is shorter, unless the Town Board of Trustees, by resolution approved by a majority of all its members, extends the proclamation.
(F) Right to appeal.
(1) Any person feeling aggrieved by a proclamation of the Mayor shall have the right to present the matter to the next regular or special meeting of the Town Board of Trustees or to any emergency session called to discuss the water emergency.
(2) The Town Board of Trustees may exempt such aggrieved person, wholly or in part, from compliance with the proclamation order upon a showing that compliance creates an immediate threat to the person’s health or safety.
(3) The ruling of the Town Board of Trustees by a majority vote of all its members shall be final and binding as to the continuance of any terms of the proclamation.
(4) Until and unless the action of the Mayor is modified or revoked by action of the Town Board of Trustees, all water users shall be bound by the proclamation.
(Prior Code, § 8-2-2) Penalty, see § 52.99