A. Authority: The mayor or his designee is hereby authorized, when necessary for the protection of the public health, safety and welfare, to declare a water shortage emergency to exist in accordance with the standards set out in subsection D of this section and to implement the water conservation measures set forth in this chapter. The declarer must immediately attempt to contact all council members to inform them of the emergency action. The mayor or his designee shall also have authority to determine whether the various stages of water emergencies and water conservation measures apply to the entire city utility service area or to such portions as may be particularly affected.
B. Description Of Stage: The declaration of a water shortage emergency shall designate whether it is a category mild, moderate, or critical water shortage emergency as outlined in subsection D of this section.
C. Authority To Amend Declaration: The declaration may be scaled up or down during the emergency, as declared by the mayor or his designee.
D. Policies And Procedures: The following policies and procedures shall be implemented during the various stages of water shortage emergency as set forth in this subsection:
1. Stage 1 - Mild Water Shortage: To be issued when water usage reaches eighty percent (80%) of the carrying capacity of the main supply line, water available to the city, or to any portion of the city. The goal in stage 1 is to raise public awareness and to reduce water usage by five percent (5%). The city shall begin efforts to educate the public regarding the benefits of conserving water by such methods as distributing pamphlets on water conservation methods, or such other education actions as the city deems fit. Sandwich boards and posters shall be posted around the city informing the public of the mild water shortage, and informing the public on where to obtain information on water conservation methods. The city will ask all residents to follow a voluntary schedule of irrigating, sprinkling, or watering lawns or gardens of odd/even days or every fifth day. The city will only flush those water lines used for essential uses.
2. Stage 2 - Moderate Water Shortage: To be issued when water usage reaches ninety percent (90%) of the carrying capacity of the main supply line, water available to the city, or to any portion of the city. The goal of this stage will be to reduce municipal water usage by ten percent (10%). The city will continue with all efforts implemented during stage 1. The mayor or his designee is authorized to establish and enforce a mandatory schedule for irrigating, sprinkling or watering lawns and gardens. The city will close municipal pools, halt street cleaning efforts, and halt all line flushing (except those needed for medical services). The city will request all city businesses to reduce consumption by ten percent (10%). All pavement or driveway hosing is prohibited, except that hosing which is required for the public health and safety. All out of city water users are prohibited from using city water for irrigating, sprinkling, or watering lawns, gardens, or other real property.
3. Stage 3 - Critical Water Shortage: To be issued when water usage reaches ninety five percent (95%) of the carrying capacity of the main supply line, water available to the city, or to any portion of the city. The goal of this stage will be to reduce municipal water usage by fifteen percent (15%). The city will continue all stage 1 and stage 2 measures. Filling of private swimming pools with municipal water is prohibited. All outdoor irrigation is banned. All vehicle washing with municipal water is prohibited.
4. Implementation Requirements: During all stages, and prior to the implementation and enforcement of any of the above stages, the mayor or his designee shall make reasonable efforts to have information disseminated to affected customers regarding the rationing plan, which may include publication in the official newspaper of the city, or other newspaper commonly circulated in the area, notifying other media outlets, not less than one week in advance of the effective date of the declaration, information of the declaration of the applicable stage, a description of the limitations and restrictions that would apply, and identification of the effective date of the declared stage and limitation and restrictions. If it is determined by the mayor that exigent circumstances exist that necessitate immediate implementation and enforcement of any particular stage of water emergency, notice to affected customers may be provided by posting notices at the customers' residences and businesses, or by positing notices at the locations where customers' utility services are received.
5. Prohibitions During All Stages Of Water Shortage Emergency: The following situations are prohibited within the systems service area, when a water shortage emergency has been declared:
a. Permitting unreasonable amounts of water to escape down a gutter, ditch or other surface drain while using water for a legitimate purpose;
b. Failure to repair a controllable leak of water;
c. Failure to put to reasonable beneficial use any use of water withdrawn from the system; and
d. Use of a lawn sprinkler system during or immediately after a rain event.
6. Term Of Stage And Scope: The mayor or his designee is also authorized to determine the geographic area to which the declared stage shall apply, and to determine the duration for which the declared stage and its limitations and restrictions shall be in effect.
E. Water Disaster: Notwithstanding the water shortage stages described in this section, the mayor or his designee shall also be authorized, should water become unavailable, to bring in bottled water, or to have water trucked or air lifted to the city, or to provide for temporary water purification units to provide a limited supply of potable water.
F. Penalties: The first violation of any provision of this section shall be a class B infraction pursuant to section 1-4-1 of this code ($250.00 fine). Any second or subsequent violation shall be a class A infraction pursuant to section 1-4-1 of this code ($500.00 fine). Each day that a violation of this chapter continues shall constitute a separate violation ($500.00 fine per day).
G. Waiver Of Liability: The city cannot and does not guarantee either sufficient supply or adequate or uniform pressure during a water shortage. The city shall not be liable for any damages or loss resulting from an inadequate or interrupted supply, from pressure variations, or for damages from the resumption of service when such conditions are not due to wilful fault or neglect on its part.
H. Definitions:
ESSENTIAL USE: The use of water for firefighting, safety, sanitation, health and medical purposes, and the use to satisfy federal, state and local public health and safety requirements. (Ord. 567-11, 4-11-2011)