A. Name: This section shall be known as WATER CONSERVATION. This section shall both require and encourage all users of water of the municipal water utility to reduce water consumption and waste.
B. Intent:
1. To assist in reducing overall per capita water use by fifteen percent (15%).
2. To reduce yard irrigation and irrigation related water waste, i.e., over watering, inefficient watering or release of excess water which generates fugitive water in the public right of way.
3. To require water conservation for new and existing family residences, apartment buildings, businesses and all other properties.
C. Application:
1. The restrictions contained in this section shall apply to all properties served by the municipal water utility.
2. This section does not apply to water provided by Elephant Butte irrigation district for irrigation purposes, or to water provided from private domestic wells.
D. Outdoor Vegetation Watering Restrictions:
1. All outdoor vegetation on residential and commercial properties with:
a. An even numbered street or mailing route address shall be watered only on Tuesdays, Thursdays and Saturdays;
b. An odd numbered street or mailing route address shall be watered only on Wednesdays, Fridays and Sundays.
2. All outdoor vegetation watering shall be prohibited on each Monday for all properties.
3. From April 1 to September 30, all outdoor vegetation watering is prohibited between the hours of ten o'clock (10:00) A.M. and six o'clock (6:00) P.M.
E. Miscellaneous Water Use Restrictions:
1. The use of a free flowing hose to wash any vehicle or other types of equipment is prohibited. Vehicles may be washed only from a hand held bucket or a hand held hose equipped with a positive shut off nozzle for quick rinses. The restriction does not apply to the washing of vehicles or equipment at a commercial car wash, commercial service station or commercial vehicle repair facility.
2. The following uses of water are defined as "wasting water" and are prohibited:
a. Allowing water to flow onto adjacent property or on any street, alley or other public right of way, ditch or drain;
b. Watering outdoor vegetation excessively so that water ponds on site;
c. Failing to repair a water leak within five (5) working days of the discovery of same;
d. Washing sidewalks, driveways, parking areas, tennis courts, patios and other impervious surfaces with a hose, except in emergencies to remove spills of hazardous materials or to eliminate dangerous conditions which threaten the public health, safety or welfare.
F. Penalty:
1. Any person who is convicted of a violation of any provision of this section shall be guilty of a misdemeanor and shall be punished in accordance with the general violation provisions of this code, or shall be subject to having water service disconnected.
2. With respect to violations that are continuous in time, each day the violation continues is a separate offense.
G. Exceptions To Enforcement:
1. The following shall constitute exceptions from compliance with the provisions of this section concerning outdoor vegetation watering restrictions and miscellaneous water use restrictions:
a. Water flow resulting from natural events such as rain or snow unless user is watering at same time;
b. Water flow resulting from temporary water supply system failures or malfunctions;
c. Water flow resulting from firefighting or routine inspection of fire hydrants or from fire training activities;
d. Water applied for dust control, pavement cutting or compaction of soil as may be required by municipal codes;
e. Water applied to abate spills of flammable or otherwise hazardous materials, where water is the appropriate methodology;
f. Water applied to prevent or abate health, safety or accident hazards where alternate methods are not available;
g. Water flow resulting from routine inspection, operation or maintenance of the municipal water supply system;
h. Water use is permitted under a variance granted by the village;
i. Water applied for street sweeping, sewer maintenance or other established utility practices;
j. Water application necessary for newly planted landscaping vegetation establishment, permitted for up to two (2) weeks continuous, contrary to the odd/even and/or time of day requirements.
H. Water Emergency:
1. The village board of trustees may declare a water emergency in the event of a severe drought or any condition which significantly reduces the village's ability to supply water in order to protect the public health, safety or welfare or to preserve the water supply.
2. During such a water emergency, the village board of trustees may implement additional water use restrictions or rationing as conditions dictate.
3. The following water conservation stages shall be in effect at the times specified. When stage 1 or stage 2 water rationing is in effect, no person, firm or corporation shall use any water in violation of any provision of this section.
a. Stage 1 Water Rationing: Whenever the storage facilities for the village's public water supply system contain less than or cannot sustain fifty percent (50%) of capacity, the village board of trustees shall have the authority to impose stage 1 water rationing. The following requirements shall be in effect:
(1) The village shall make public announcements through the local print and broadcast media concerning the stage 1 water rationing, whenever stage 1 is in effect. The announcement will include a description of the water rationing restrictions.
(2) Use of water through a sprinkler system or use of water through a hose to water any grass, trees, plants or other vegetation shall be determined as follows:
(A) Users with odd numbered addresses shall be permitted to use water in the above manner on each Sunday.
(B) Users with even numbered addresses shall be permitted to use water in the above manner on each Saturday.
(C) Watering in the above manner shall be prohibited between the hours of ten o'clock (10:00) A.M. and six o'clock (6:00) P.M.
(3) These restrictions shall apply to all residences and to all businesses having lawns, gardens, trees, or shrubs and shall be followed at all parks and public buildings. Areas watered with private well or Elephant Butte irrigation district water are exempted from these restrictions. These restrictions shall not apply to any person, firm or corporation engaged in the business of growing or selling plants of any kind.
(4) No swimming pools shall be filled. Swimming pools that were filled before stage 1 water rationing went into effect may have water added to make up losses through evaporation or splashing. Water lost through draining or through leaks in the pool may not be made up during stage 1 water rationing.
(5) Newly seeded or sodded lawns or newly planted trees or shrubs shall be exempted from stage 1 water rationing for the time needed to establish the lawn, trees or shrubs as long as it does not exceed sixty (60) days. No lawns shall be newly seeded or sodded or trees or shrubs planted after stage 1 is imposed.
b. Stage 2 Water Rationing: Whenever the storage facilities for the village's public water supply system contains less than or cannot sustain twenty five percent (25%) of capacity, and the village board of trustees finds that the village is in a state of emergency, the following measures are necessary to protect the health and welfare of the citizens: The village board of trustees shall have the authority to impose stage 2 water rationing. The following requirements will be in effect:
(1) The village shall make public announcements through the print and broadcast media that stage 2 is in effect. The announcements will include a description of the rationing restrictions.
(2) The village board of trustees shall be called into emergency session after the imposition of stage 2 to amend or lift the stage 2 water rationing as circumstances warrant.
(3) Use of water through a sprinkler system or use of water through a hose to water any grass, trees, plants or other vegetation shall be prohibited. This restriction shall apply to all residences and to all businesses having lawns, gardens, trees, or shrubs and shall be followed at all parks and public buildings. Areas watered with private well or Elephant Butte irrigation district water are exempt from these restrictions.
(4) No water shall be used to wash any vehicle, including fundraising car washes and businesses either with attendants, with automatic equipment or by self-service.
(5) No swimming pools will be filled and no water shall be added to any swimming pool.
(6) It shall be the policy of the village to keep stage 2 in effect for a period no longer than absolutely necessary. The village board of trustees shall consider lifting stage 2 restrictions as soon as lifting the restrictions will not endanger the water supply by reducing amounts of water in storage.
4. No person shall be convicted of violating this section unless such person in fact turned on water, directed the turning on of water, or kept water turned on after learning it was turned on in violation of this section, or failed to turn off automatic devices capable of turning on water in violation of this section. It will not be necessary, however, to present a witness who saw the accused turning on the water, if circumstances indicated the accused did turn on the water.
5. The utilities superintendent will make written reports to the village board of trustees at every regular and emergency meeting while water rationing is in effect to document progression of public water supply improvements. (Ord. 286, 1997)