§ 50.16 RULES AND PROHIBITIONS.
   (A)   Public hydrants. All hydrants erected within and by said city, for fire extinguishing purposes, are hereby declared to be public hydrants, and no person or persons, other than members of the Fire Department of said city, and then only for the uses and purposes of such Department, shall open such hydrants or draw or attempt to draw any water therefrom nor shall any person or persons, at any time, uncover or attempt to uncover any such hydrant or remove or attempt to remove therefrom any matter or thing designated or intended for the protection thereof or, in any manner, interfere or meddle with any such hydrant. Provided, the Committee on Public Sewers and Water Works may grant to any suitable person or persons permission to open any such hydrant or hydrants and draw water therefrom; in which event, such person shall not open such hydrant to any greater extent nor keep the same open for any greater length of time nor draw water therefrom for any other purpose nor in any greater quantity than such as may be specified in and by such permission.
(Prior Code, Chapter 20, Article 1, § 5)
   (B)   Authority to open fire hydrants. No person authorized to open hydrants shall delegate his or her authority to another or let out or suffer any person to take the wrenches furnished him or her or suffer the same to be taken from any house of said city except for the purpose strictly connected with the Fire Department or as they accompany fire trucks or equipment on occasions of fires.
(Prior Code, Chapter 20, Article 1, § 6)
   (C)   Contamination of fountains. No person shall place in, near, or around any drinking fountain or watering trough any dirt, filth, or any impure substance or fluid by which the water in such fountains or troughs shall be rendered impure or unpalatable.
(Prior Code, Chapter 20, Article 1, § 8)
   (D)   Rules and regulations for water users. The following rules, regulations, and penalties for the government of water takers and others are hereby adopted and established.
      (1)   No person except the Public Works Director or persons in his or her employ shall tap any of the distributing pipes of the water works system or insert stopcocks or ferrules therein or put in any service pipes between the mains and the curb stops.
      (2)   No person shall connect any building or premises with the water works unless an application for such connection has been made, in writing, by the owner of said building or premises and a permit has been granted therefor and charges for connection paid.
      (3)   Every person desiring a supply of water from the water works system must make a written application therefor to the City Clerk.
         (a)   Such application must be signed by the owner of the building or premises or by his or her duly authorized agent.
         (b)   The application must clearly state the kind of service for which the connection is intended and the purpose for which the water is to be used, the size and kind of pipe to be used, the street and number, and the name of the owner and must be accompanied by a diagram of the premises showing the location thereof and of the service pipes to be connected therewith together with such other particulars as may be necessary for a full understanding of the situation.
      (4)   Where the applicant for a water permit is not within the primary water district, such permit may be granted only in the manner hereinafter provided.
      (5)   It shall be unlawful for any person, firm, or corporation to connect with or cause to be connected with, any property lying outside of the water improvement district, with the city water mains without first having executed a contract or agreement in substantially the following form:
 
THIS AGREEMENT, Made and entered into this ____ day of ______ A.D., 20___, by and between the City of Hamilton, Illinois, a municipal corporation, _________, party of the first part, and _________, party of the second part.
 
WITNESSETH:
 
THAT, WHEREAS, The party of the first part Is the owner of a waterworks system, owned and operated by the said party of the first part for the purpose of supplying water to the Inhabitants of said City upon certain terms and conditions, and, WHEREAS, the party of the second part is the owner of a private distributive system owned by _________ for the purpose of supplying _____ sel _____ with water necessary for general use, NOW, THEREFORE, IN CONSIDERATION of the privilege granted to the party of the second part by the party of the first part, of connecting said private distributive system to the City water works system at _____ and _____ Streets, the party of the second part hereby agrees to the following:
 
1.   That will at all times permit the party of the first part to pass and repass over and along said distributive system for the purpose of inspecting said pipes, reading meters, detecting leaks, and to perform any other work appertaining to the said private distributive system, in which the party of the first part is or may at any future time be interested.
 
2.   That the party of the first part will not, under any condition, be held responsible for foul water that may collect in said private distributive system; neither will said party of the first part pay for or furnish water free of cost for flushing said pipes for said cause.
 
3.   That the said City of Hamilton will not be held responsible for any damage caused to persons or property, by latent or patent defects in the construction, maintenance, character or condition of said private distributive system.
 
4.   That the party of the first part shall have the right to shut off the water, whenever the party of the second part shall fail, refuse or neglect to maintain, repair or keep said private distributive system in good condition, or allow same to deteriorate so that it is not in keeping with the City water mains.
 
5.   That the party of the second part agrees to pay the party of the first part for all water passing through or indicated by the meter readings upon the same terms and conditions, and be governed by all ordinances regulating the general water system of the City of Hamilton, Illinois, the same as though were directly connected with the public water mains of said City.
 
6.   That the party of the second part will not permit others to attach to said private distributive system without the written or printed consent of the party of the first part.
 
7.   That the party of the second part, heirs and assigns, will not use the fact of having been permitted to connect the private water system with the mains of the City water system as a basis for contesting or protesting against the extending of the public mains of the City water system, if at any time the City deems it necessary or wise to do so; and should any assessment be levied and assessed against the property of the party of the second part, heirs and assigns, the said party of the second part, heirs and assigns, agree to not refuse or contest payment of such assessment because of the fact that said property through said private distributive system is supplied with water from the public water mains.
 
IN WITNESS WHEREOF, We have hereunto set our hands and seals in duplicate, one copy of which shall be kept by the City Clerk and one by the party of the second part, the day and year first above written.
 
 
   CITY OF HAMILTON
 
   By _______________________________
   Mayor
(CORPORATE SEAL)
   Attest:
   __________________________________
   Party of the First Part
   _______________________________(SEAL)
   Party of the Second Part
 
      (6)   For all households and businesses and other water users taking water from the water works system, the city shall provide the service pipe, tap, and shutoff at the curb stop without charge to the user and shall maintain same. Otherwise, the user shall keep all other service pipes, stopcocks, fixtures, and apparatus in good repair and protected from frost at his or her own cost and expense. All other expenses relating to the introduction of water into buildings or private premises shall be paid by the applicant, including a charge for tapping of the main, the amount of such charge to be fixed by the Council, and, generally, to be uniform for either side of all streets having the same width where the trenching is in earth, with an additional charge for rock excavation or the removal of pavement. A surcharge of $1 per month shall be added to each water user’s water bill.
      (7)   Every person taking water shall permit the Public Works Director or his or her duly authorized agents, at all reasonable hours, to enter his, her, or their premises or buildings for the purpose of examining the pipes and fixtures and the manner in which the water is used, and he, she, or they must, at all times, answer all proper questions put to him, her, or them, relative to the use of such pipes and fixtures and the water supplied thereby.
      (8)   (a)   The right is hereby reserved by the city to cut off the supply of water, at any time, for the purpose of repairs or any other necessary purpose, any permit granted, or regulation to the contrary; provided, however, whenever it shall become necessary to shut off the water supply within any district of the city, the Public Works Director shall, if practicable, give notice to each and every consumer within said district of the time when such supply will be shut off.
         (b)   It is expressly stipulated by the said city that no claim shall be made against it by reason of the breaking or freezing of any service pipe or service cock nor for any failure of the water supply from any cause nor from damage arising from the shutting off of water to repair mains or to make connections or extensions or for any other purpose that may be deemed necessary.
      (9)   (a)   No service connection shall be made to any two or more distinct premises unless separate curb stops are put in for each of said premises. All pipes must enter the front of buildings near the sidewalk, where practicable.
         (b)   All house boilers shall be provided with an air valve at the top of the boiler and be sufficiently strong to bear the pressure of the atmosphere when under a vacuum. All stopcocks and other appurtenances must be sufficiently strong to bear the pressure and ram of the water in the mains.
      (10)   All service pipes and fixtures connected therewith shall be subject to approval of the Public Works Director, and the right is reserved to refuse a permit to connect with plumbing which has not been done in accordance with the existing rules and regulations relating thereto.
      (11)   No consumer shall supply water to other families nor suffer them to take it off his or her premises nor, after water is introduced into any building or upon any premises, shall any person make or employ any plumber or other person to make any tap or connection with the pipes upon the premises for alterations, extensions, or attachments without filing an application and receiving a permit therefor.
      (12)   All persons using water shall keep the hydrant, tap, hose, water closet, urinals, bath, or other fixtures allotted to their use closed, except when obtaining water for use, and shall be responsible for any damage or injury that may result to others from the improper use of said water.
      (13)   Service pipes from the mains to the street line shall be of extra strong lead or K copper. Every service pipe must be laid at least four and one half feet deep and in such manner as to prevent rupture by settling.
      (14)   All service pipes must be at least one-eighth inch larger in diameter than the taps through which they are supplied and must be laid the same depth below the surface of the ground as the main pipe in the street, and in all cases, they must be so protected as to prevent freezing.
      (15)   Every service pipe must be provided with a stop or corporation cock at the street mains and with a stop or waste cock, to be known as the curb cock, for each consumer. Unless otherwise directed, the curb stop shall be placed in the service pipe at the edge of the sidewalk and shall be protected by a service box reaching from the stopcock to the surface and of suitable size to admit a stop-key for turning the water on and off. Such service box shall have a cover with the letter “W” or the word “Water” thereon, the top of the cover to be visible and even with the surface of the sidewalk. All curb stops must have round waterways of the same diameter as the pipes to which they are connected.
      (16)   No hydrants, except the public drinking fountains, shall be placed within the limits of any street unless such hydrants are securely closed and protected against general use; no drinking fountain shall be erected for public use which has openings by which it can be used as a source of domestic supply.
      (17)   In all cases where meters are installed, the meters may be owned by the consumer or rented from the city at a monthly rental, as hereinafter specified. No restriction will be placed upon the use of water taken through a meter as to purpose, manner, or quantity, except that wanton waste will be strictly prohibited.
      (18)   All meters shall be furnished by the city, must be approved by the Committee on Public Sewers and Water Works, and must be set and be, at all times, under its supervision or the supervision of its authorized agents. Such meters must be so set that they can be easily examined and read and be protected with suitable protection, making them safe from frost or other damage.
      (19)   In case of neglect or refusal to set or protect a meter as herein required, the water shall not be turned on, or if water has been turned on, it shall be turned off and remain off until the owner shall have complied with said requirements. No meter shall be set on any premises without a written application or order from the owner of the premises or his or her agent; provided, however, the Committee on Public Sewers and Water Works shall have the right to apply a meter to any service pipe when they deem it advisable.
      (20)   The size of all meters is to be designated by the Committee on Public Sewers and Water Works.
      (21)   All the expense of attaching meters or protecting them from frost or other damages shall be paid by the owner of the premises, and any meter found, at any time, to be frozen, damaged, or registering incorrectly must be repaired or replaced, upon the order of the Committee on Public Sewers and Water Works at the expense of the owner, and no meter shall be repaired or removed except upon such order or upon permission granted by said Committee.
      (22)   Any consumer renting a meter and wishing, at any time, to purchase the same from the city will be allowed on the cost thereof, upon such purchase, 50% of the amount of monthly rentals already so paid by him or her for such meter.
      (23)   Any consumer wishing, at any time, to purchase from the city a meter which has been used by some other consumer shall pay for the same a price to be fixed by the Committee on Public Sewers and Water Works.
      (24)   All rates and rents must be promptly paid when due.
      (25)   Rates and rents for building purposes will be furnished by the Committee on Public Sewers and Water Works, on request. When water is measured by meter, the estimate amount shall be paid quarterly, subject to the meter measurement, the amount of water used determining the price for each quarter.
      (26)   If the rates or rents are not paid within ten days after the same become payable, the Committee on Public Sewers and Water Works may, in such cases, order the water shut off forthwith.
(Prior Code, Chapter 20, Article 1, § 14)
(Ord. 15 (Series 2008-2009), passed 10-6-2008) Penalty, see § 50.99