A. Definitions: Except and unless otherwise provided in this chapter, the following words and phrases used in this section have these prescribed meanings:
AUTOMATIC OUTDOOR SPRINKLING SYSTEM: Any mechanical device designed and used to supply water for outdoor watering that functions at preset times and/or for preset durations.
COMMERCIAL USE OF WATER: Includes the use of water for growing, raising, or maintaining plants, shrubs, and trees, as a business, for the purpose of sale and/or resale. It shall also include the practice of those commercial enterprises and businesses which require the use of water as integral parts of the business, commercial activity, or the product or products produced or the service provided. "Commercial use of water" thus includes car washes, both automatic and hand operated, lawn care services, ice companies, motels, hotels, restaurants, and any other business or commercial activity that uses water in manufacturing or the provision of services.
DOMESTIC WATER USE: Water used for personal needs or for household purposes such as drinking, bathing, heating, cooking, sanitation or for internal cleaning of a residence, business or other such property.
EVEN NUMBERED ADDRESSES: Those properties having an officially assigned house number or primary mailing address which is a number that can be evenly divided by the number two (2).
ODD NUMBERED ADDRESSES: Those properties having an officially assigned house number or primary mailing address which is a number that cannot be evenly divided by the number two (2).
OUTDOOR WASHING: Includes the washing of sidewalks, driveways, service station aprons, parking lots, buildings, machinery, automobiles, trucks, other vehicles, and trailers, boats, appliances, and filling or adding water to swimming pools, both private and commercial, and other similar practices and acts.
OUTDOOR WATERING: Includes the irrigation of lawns, shrubs, flowers, trees, gardens, and other outdoor vegetation.
PERSON(S): Individuals, firms, corporations, partnerships or other entities including not for profit and public entities, occupying as owner or lessee any dwelling or business establishment connected to the Village of Glen Carbon water supply system.
PHASES: Restrictions and limitations placed on the use of water as declared by the Mayor upon the advice of the Public Works Director or Emergency Services and Disaster Coordinator, and incrementally numbered I through V. Phases are declared in response to reductions and/or increases in the available supply of water to the Glen Carbon water supply system.
WASTE OF WATER (WASTING WATER): Wasting water includes, but is not limited to, permitting water, other than rainwater, to flow or escape down a gutter, ditch, storm sewer or other surface drain, permitting the operation of an automatic outdoor sprinkling system during or within twelve (12) hours of measurable precipitation, failure to repair a controllable leak of water due to defective plumbing, or other similar acts or omissions. (Ord. 2012-29, 8-14-2012; amd. Ord. 2016-25, 9-12-2016; Ord. 2018-07, 4-24-2018)
B. Implementation:
1. Phase Declared: The Mayor, upon the advice of the Public Works Director and Emergency Services and Disaster Coordinator, shall declare the existence of the water restrictions phases as hereinafter described based upon the best information available concerning the water supply, the status of wells, pumps, tanks, transmission and distribution lines, general operation and delivery capabilities, climatic conditions, the demand for water and all other relevant information tending to require the conservation, rationing and/or restriction of the use of water. (Ord. 2016-25, 9-12-2016; amd. Ord. 2018-07, 4-24-2018)
2. Notice: The Mayor, with the cooperation of the Village Clerk, shall cause the declaration of a phase to be published and publicized to an extent which is reasonable and appropriate in consideration of the circumstances which are present at the time the water supply is affected. A phase shall continue for a reasonable period of time and remain in effect until such time as an appropriate official gives additional notice of the implementation or declaration of another phase or termination of the phase previously implemented.
3. Rules And Regulations: The Mayor and all management personnel of the Village of Glen Carbon shall implement rules and regulations consistent with the intent of any declared phase. All Municipal employees shall comply with such rules and regulations.
C. Phases: The restrictions hereinafter imposed shall not apply to those persons engaged in the commercial use of water unless specifically indicated otherwise. However, such restrictions, as set forth with the respective phases, shall apply to all other persons, as defined herein, at the time implemented by the designated representative of the Municipality.
1. Phase I: During phase I, all persons as defined herein are asked to voluntarily reduce their consumption of water for outdoor watering, outdoor washing, and other uses of water, and are asked not to waste water. Conservation measures include, but are not limited to, less frequent watering of lawns and gardens, less frequent washing of vehicles, and other water uses as listed in the definitions of "outdoor watering" and "outdoor washing" as well as restraint in the use of water for domestic purposes. Each person is requested to reduce their use of water for outdoor watering and outdoor washing by at least fifty percent (50%).
2. Phase II: During phase II, outdoor watering and outdoor washing are permitted by persons with even numbered addresses on even dates of a given month only. Outdoor watering and outdoor washing are permitted by persons with odd numbered addresses on odd dates of a given month only. Outdoor watering and outdoor washing shall be prohibited on all dates and at all addresses between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M.
3. Phase III: During phase III, all outdoor washing shall be prohibited at all addresses. Outdoor watering shall be permitted by persons with even numbered addresses on even dates of a given month only. Outdoor watering shall be permitted by persons with odd numbered addresses on odd dates of a given month only. Outdoor watering shall be prohibited on all dates and at all addresses between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M.
4. Phase IV: During phase IV, all outdoor watering and all outdoor washing shall be prohibited at all times and at all addresses. Commercial use of water shall be reduced by a minimum of fifty percent (50%) during phase IV.
a. Persons engaged in commercial use of water will be monitored by the Glen Carbon Department of Public Works and the Office of Village Clerk for compliance through frequent meter readings during phase IV.
b. Nothing herein is intended to prohibit the use of water by commercial users of water or domestic use as defined above.
5. Phase V: During phase V, water shall be supplied and consumed for domestic water use only.
D. Violations:
1. It shall be a violation of this chapter and section for any person to use water in any manner inconsistent with the phases as set forth and described herein during the effective period of a declared phase.
2. It shall be and is hereby declared unlawful for any person to waste water at any time.
3. It shall be and is hereby declared unlawful for any unauthorized person to tap the system or otherwise open, engage, adjust, close, or tamper with a fire hydrant, flush valve, valve, gauge, or any other form of adjustment or access to the water supply.
a. Upon receipt of information from a law enforcement officer, public works employee, other Village official or other credible individual that a violation of this chapter has occurred, the Village Clerk shall cause a written notice of the violation to be affixed to the property where the violation occurred, and the customer of record or any other person known to the Clerk who is responsible for the violation shall be provided with a mailed notice.
b. Said notices shall describe the violation and provide the violator with notice of the Village's intent to seek court ordered termination of water services within twenty four (24) to forty eight (48) hours of posting the notice.
c. The notices shall indicate that the person will have the opportunity to appeal in their own behalf at any hearing scheduled by and before the court.
E. Reconnections: No fee shall be paid to the Village of Glen Carbon for the first reconnection of any water service terminated pursuant to subsection D of this section. In the event of subsequent violations having occurred within one year, the reconnection fee shall be fifty dollars ($50.00) for the second violation, and one hundred dollars ($100.00) for any additional violation. Each day's violation shall be considered a separate offense.
F. Emergency Termination: Nothing in this chapter and section shall be interpreted to limit the authority of an appropriate Village official from terminating the water supply to any or all customers upon the determination of such Village official that emergency termination of water service is required to protect the health, safety, and welfare of the public. (Ord. 2012-29, 8-14-2012)