(A) Water shortages, declaration of emergency.
(1) Whenever an emergency exists by reason of a shortage of water due to inadequate supply, limited treatment or distribution capacity or failure of equipment or material, the City Manager and Council is hereby authorized to restrict or prohibit the use of water from the city water system.
(2) An emergency exists whenever the City Manager and Council reasonably determines that the city water system is unable or will within 60 days become unable to supply the full commercial and domestic needs of the users thereof, including adequate fire protection.
(B) Restriction on water use in emergency.
(1) Upon the determination that such an emergency exists, the Mayor shall issue a proclamation declaring the emergency and setting out with particularity an order restricting use of water from the city system. The order may:
(a) Restrict water usage during certain periods of the day or week or according to any orderly and nondiscriminatory scheme; and
(b) Prohibit usages not essential to public health and safety. The order may be revised from time to time as the City Manager and Council deems necessary.
(2) A duly proclaimed emergency shall continue and the terms of the proclamation shall be in force for 30 days or until such time as the City Manager and Council shall cause to be published a proclamation that the emergency has ended, whichever is shorter, unless the City Council by resolution approved by a majority of all its members votes to terminate the emergency and proclamation upon a different date.
(C) Proclamation and notice of emergency.
(1) The proclamation required by the preceding division (B) shall be published in a newspaper of general circulation in the city or, if there is no such newspaper in which the proclamation may be published within 24 hours after the emergency arises, publication shall be by posting a copy of the proclamation in ten prominent places in the city. The emergency shall be in full force and effect upon publication. Substantial compliance with this section is sufficient to effect the emergency.
(2) Whenever a sudden or unexpected event so reduces the availability of water or water pressure as to create an immediate threat to public health or safety, the notice of the proclamation may be given by any reasonable means, including electronic means. The emergency shall be in full force and effect upon such notice. However, if any means other than that required in division (C)(1) of this section is used, the proclamation shall be republished in accordance with division (C)(1) of this section within 24 hours of the first notice.
(D) Grievances with water restrictions. Any person feeling aggrieved by a proclamation of the Mayor shall have the right to present the matter to the next regular or special meeting of the City Council or to any emergency session called to discuss the water emergency. The City Council may exempt such aggrieved person, wholly or in part, from compliance with the proclamation order upon a showing that compliance creates an immediate threat to the person’s health or safety. The ruling of the Council by a majority vote of all its members shall be final and binding as to the continuance of any terms of the proclamation. Until and unless the action of the Mayor is modified or revoked by action of the Council, all water users shall be bound by the proclamation.
(Prior Code, § 8-2-15) Penalty, see § 51.99