§ 52.22  DROUGHT RESPONSE STAGES.
   (A)   The City Manager shall monitor water supply and demand conditions on a daily basis and, upon initiating a drought response stage in accordance with the triggering criteria set forth in § 52.21, shall provide notice as provided by § 52.23(B). The applicable restrictions are effective immediately on the making of the public announcement.
   (B)   Stage 1 - Mild Water Shortage Conditions, Voluntary Conservation. During Stage 1 the aspirational goats are to: raise public and customer awareness of water demand conditions; encourage voluntary water conservation by avoiding non-essential water uses and observance of the restrictions of this subsection; and achieve a target reduction of 5% of the city's total water demand expressed as a percentage of pumping capacity.
      (1)   Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems should be limited to any two days of the week between the hours of 8:00 p.m. and 9:00 a.m.
      (2)   Outdoor water use is discouraged between the hours of 9:00 a.m. and 8:00 p.m. except with hand-held hoses equipped with a positive pistol grip nozzle or other device that automatically shuts off water flow when the hose is not being used, or hand-held buckets.
      (3)   All operations of the city shall minimize non-essential water uses.
   (C)   Stage 2 - Moderate Water Shortage Conditions, Mandatory Conservation. During Stage 2 the aspirational goal is to achieve a target reduction of 10% of the city's total water demand expressed as a percentage of pumping capacity. Customers must comply with the water use requirements and restrictions of this subsection under threat of penalty for violation.
      (1)   The following uses and activities are prohibited at all times:
         (a)   Washing sidewalks, walkways, driveways, parking lots, tennis courts, patios, or other hard-surfaced areas, except to alleviate immediate health or safety hazards;
         (b)   Allowing water to run off a property or allowing water to pond in the street or parking lot;
         (c)   Operating a permanently installed irrigation system with one or more sprinkler heads that are broken, missing, out of adjustment, or spraying more than 10% of the water on street or parking lots;
         (d)   Failure to repair a controllable leak within a reasonable period after the customer becomes aware of such leak; and
         (e)   Charity car washes.
      (2)   Irrigation of landscaped areas, golf course greens, tees, and fairways shall be limited to the hours of 8:00 p.m. to 9:00 a.m. on designated watering days.
      (3)   The washing of automobiles, trucks, motorbikes, boats, trailers, airplanes, or other vehicles is prohibited except between the hours of 8:00 p.m. to 9:00 a.m. on designated watering days. Such washing, when allowed, shall be done with a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rinses. This prohibition does not apply to washing of:
         (a)   Individual vehicles on the immediate premises of a commercial car wash or commercial service station; or
         (b)   Vehicles or any other type of mobile equipment (such as garbage trucks and vehicles to transport food and perishables) when the health, safety, and welfare of the public is contingent upon frequent vehicle cleansing.
      (4)   Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or jacuzzi-type pools is prohibited except between the hours of 8:00 p.m. to 9:00 a.m. on designated watering days.
      (5)   Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system.
      (6)   Restaurants are prohibited from serving water to patrons except when requested.
      (7)   All other outdoor water use is prohibited between the hours of 9:00 a.m. and 8:00 p.m. except with hand-held hoses equipped with a positive pistol grip nozzle or other device that automatically shuts off water flow when the hose is not being used, or hand-held buckets. It shall be an affirmative defense to a violation of using water outside the hours permitted by this division if customer was:
         (a)   At a commercial plant nursery and irrigating products for sale; or
         (b)   Irrigating landscaping during installation thereof or within the first ten days thereafter.
      (8)   Stage 2 restrictions do not apply to the following uses of water:
         (a)   The necessary use of water, other than for landscaping irrigation, by a governmental entity in pursuit of its governmental functions for the benefit of the public, such as for capital improvement construction projects; and
         (b)   The necessary use of water, other than for landscape irrigation, for land development (such as roadway base preparation, flushing of utility lines, dust control, concrete and asphalt work) and for building construction processes.
   (D)   Stage 3 - Severe Water Shortage Conditions, Mandatory Conservation. During Stage 3 the aspirational goal is to achieve a target reduction of 15% of the city's total water demand expressed as a percentage of pumping capacity.
      (1)   Supply management measures. The city will cease the flushing of water mains except when necessary for reasons of health or safety. Irrigation of public landscaped areas will be discontinued except when such areas are irrigated with reclaimed water, domestic ground water, raw water sources, or sources other than the city water supply system.
      (2)   Water use restrictions. During Stage 3 customers must comply with the water use requirements and restrictions of this division, under threat of penalty for violation. All requirements and restrictions of Stage 2 shall remain in effect during Stage 3 except:
         (a)   The washing of automobiles, trucks, trailers, boats, airplanes, and other types of mobile equipment is prohibited except:
            1.   On the immediate premises of a commercial car wash or a commercial service station; or
            2.   When such washing is in the immediate interest of the public health, safety, and welfare, and occurs between the hours of 6:00 a.m. and 9:00 a.m.
         (b)   The filling, refilling, or adding of potable water to swimming or wading pools is prohibited.
         (c)   No new landscapes of any type may be installed.
         (d)   The use of water for land development, construction purposes, and dust control is prohibited.
         (e)   All other outdoor water use is restricted to use of handheld hoses equipped with a positive pistol grip nozzle or other device that automatically shuts off water flow when the hose is not being used, or hand-held buckets, and may occur only between the hours of 6:00 a.m. to 9:00 a.m. and 8:00 p.m. to 10:00 p.m. on designated watering days. The use of permanently installed irrigation systems, drip irrigation systems, and hose end irrigation is prohibited.
   (E)   Stage 4 - Emergency Water Shortage Conditions, Mandatory Conservation. During Stage 4 the aspirational goal is to achieve a target reduction of 20% of the city's total water demand expressed as a percentage of pumping capacity.
      (1)   Water use restrictions. During Stage 4 customers must comply with the water use requirements and restrictions of this division, under threat of penalty for violation. All requirements and restrictions of Stage 3 shall remain in effect during Stage 4.
      (2)   The City Manager, upon recommendation of the Public Works Director, may order water rationing and terminate service to selected users of the system in accordance with the following sequence:
         (a)   Recreational users;
         (b)   Commercial users;
         (c)   Industrial users;
         (d)   School users;
         (e)   Residential users; and
         (f)   Public health and safety facilities.
(Ord. 94-21, passed 6-14-94; Am. Ord. 2005-40, passed 11-8-05; Am. Ord. 2009-31, passed 10-27-09; Am. Ord. 2011-32, passed 12-13-11; Am. Ord. 2015-13, passed 2-24-15; Am. Ord. 2020-57, passed 10-27-20; Am. Ord. 2021-21, passed 4-20-21)  Penalty, see § 52.99