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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AESTHETIC WATER USE. Water used for ornamental or decorative purposes such as fountains, reflecting pools and water gardens.
COMMERCIAL AND INSTITUTIONAL WATER USE. Water use which is integral to the operations of commercial and non-profit establishments and governmental entities such as retail establishments, hotels and motels, restaurants and office buildings.
CONSERVATION. The practices, techniques and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative use.
CUSTOMER. Any person, company or organization using water supplied by the town.
DOMESTIC WATER USE. Water used for personal needs or for household or sanitary purposes such as drinking, bathing, cooking, sanitation or for cleaning a residence, business, industry or institution.
INDUSTRIAL WATER USE. The use of water in processes designed to convert materials of lower value into forms having greater usability and value.
LANDSCAPE IRRIGATION USE. Water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks and rights-of-way and medians.
NON-ESSENTIAL WATER USE. Water uses that are not essential or required for the protection of public, health, safety and welfare.
WHOLESALE CUSTOMERS. Customers purchasing water from the Town of Holiday Lakes and re-distributing it for a fee to their own customers.
(Ord. 2000-09, passed 9-18-2000)
(A) When conditions defined by the Drought Contingency Plan are present, the Mayor, or his or her designee, in consultation with the Town Council, may authorize drought condition operations in the entire town water service area or for a limited area affected by equipment failure or limited capacity.
(B) Once the authorization has been given, operations shall continue under the Drought Contingency Plan, with progression from one stage to another as determined by the appropriate trigger conditions executed by the Mayor.
(C) Public notification of the initiation or termination of drought response stages shall be by means of direct mail, newspaper or other media available.
(Ord. 2000-09, passed 9-18-2000)
(A) Stage 1 - Mild Drought Conditions.
(1) Requirement for initiation. Customers shall be requested to voluntarily conserve water and adhere to the prescribed restrictions on certain water uses for Stage 1 of this plan when, the Mayor advises that mild drought conditions exist and requests that the town initiate the appropriate stage of the Drought Contingency Plan.
(2) Drought responses.
(a) Goal. Achieve a voluntary 10% reduction in daily water demand.
(b) Voluntary water use restrictions.
1. Customers are requested to voluntarily limit the irrigation of landscaped areas. Mondays/Wednesdays and Fridays between the hours 12:01 a.m. to 12:01 p.m. and/or 8:00 p.m. to 12:00 midnight on designated watering days.
2. Use of water for the irrigation of medians, rights-of-way, and common areas maintained by home owners associations, management groups or the town is prohibited except on Wednesdays and Saturdays between hours 12:01 a.m. to 12:00 p.m. and/or 8:00 p.m. to 12:00 midnight on designated watering days.
3. All operations of the town shall adhere to water use restrictions prescribed for in Stage 2 of this plan.
4. The town wholesale customers are notified of the start of drought condition operations, so they may implement their own individual Retail Water Supplier Drought Contingency Plan.
5. Water customers are requested to practice water conservation and to minimize or discontinue water use for non-essential purposes.
(3) Requirements for termination. Stage 1 of this plan may be rescinded when notification is received from the Mayor, that triggering conditions for stage 1 have ceased.
(B) Stage 2 - Moderate Drought Conditions.
(1) Requirement for initiation. Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses for Stage 2 of this plan when, notification is received from the Mayor that moderate drought conditions exist and requests that the town initiate the appropriate stage of the Drought Contingency Plan.
(2) Drought responses.
(a) Goal. Achieve a 20% reduction in daily water demand.
(b) Supply management measures. Discontinue flushing water mains, reduce irrigation of public landscaped areas, limit construction line filling and blowing off for disinfecting purposes.
(c) Water use restrictions. Under threat of penalty for violation, the following water use shall apply to all customers.
1. Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation shall be limited to Mondays, Wednesdays and Fridays only, between the hours of 8:00 p.m. and 12:00 midnight on designated water days; however, irrigation of landscaped areas is permitted at anytime if it is by means of hand-held hose, a faucet filled bucket or watering can of five gallons or less, or drip irrigation system.
2. Use of water to wash motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited except on designated watering days between the hours of 1:00 p.m. and 8:00 p.m. 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. Vehicle washing may be done at any time on the immediate premises of a commercial car wash or commercial service station. Further, such washing may be exempted from these regulations if the health, safety and welfare of the public are contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables.
3. Use of water to fill, refill or add to any indoor or outdoor swimming pools, wading pools or Jacuzzi-type pools is prohibited except on designated watering days between the hours of 10:00 a.m. and 6:00 p.m.
4. Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited, except when necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system.
5. Use of water from hydrants shall be limited to firefighting, related activities or other activities necessary to maintain public health, safety and welfare. Water for construction purposes from designated fire hydrants, may be used by obtaining special permit issued by the Mayor and/or the town.
6. Use of water for the irrigation of medians, rights-of-way and common areas maintained by home owner’s associations, management groups or the town is prohibited except on Sundays between hours 12:01 a.m. to 3:00 a.m.
7. Wholesale customers will be advised to continue all relevant actions from previous stages including appropriate public water use restrictions and to implement the next stage of their own individual Retail Water Supplier Drought Contingency Plan.
8. The Mayor shall establish pro rata allocations on all wholesale customers by reducing water available at each delivery point by a uniform percentage based on the current annual maximum demand for each entity. If a water user’s billing history is less than one year, the average for the period for which there is a record shall be used. Once pro rata allocations are in effect, water deliveries to each water user shall be limited to the allocation. The Mayor and/or the town shall provide notice by certified mail to each affected water user informing him or her of his or her individual maximum water usage allocation and shall notify the news media and the Executive Director of the State Natural Resource Conservation Commission upon initiation of pro rata water allocation.
9. All restaurants are prohibited from serving water to its patrons except when requested.
10. The following uses of water are defined as non-essential and are prohibited:
a. Wash down of sidewalks, walkways, driveways, parking lots, tennis courts or other hard-surfaced areas;
b. Use of water to wash down buildings or structures for purposes other than immediate fire protection;
c. Use of water for dust control;
d. Flushing gutters or permitting water to run or accumulate in any gutter or street; and
e. Failures to repair controllable leak(s) within a reasonable period, as determined by the Mayor and/or Town Council.
(3) Requirements for termination. Stage 2 of this plan may be rescinded when notification is received from the Mayor, that triggering conditions for Stage 2 have ceased. Upon termination of Stage 2, Stage 1 becomes operative.
(C) Stage 3 - Severe Drought Conditions.
(1) Requirement for initiation. Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses for Stage 3 of this plan when, notification is received from the Mayor that severe drought conditions exist and requests that the town initiate the appropriate stage of the Drought Contingency Plan.
(2) Drought responses.
(a) Goal. Achieve a 30% reduction in daily water demand.
(b) Supply management measures. Discontinue flushing water mains, prohibit irrigation of public landscaped areas, prohibit construction line filling and blowing off for disinfecting purposes.
(c) Water use restrictions. All requirements of Stage 2 shall remain in effect during Stage 3, except:
1. Irrigation of landscaped areas shall be limited to a designated watering day Mondays, Wednesdays and Fridays for residential and commercial customers. By means of hand-held hoses, hand-held buckets, drip irrigation or permanently installed automatic sprinkler system only. The use of hose-end sprinklers is prohibited at all times.
2. The use of water for construction purposes from designated fire hydrants under special permit is discontinued.
3. Wholesale customers will be advised to continue all relevant actions from previous stages including appropriate public water use restrictions and to implement the next stage of their own individual Retail Water Supplier Drought Contingency Plan.
(3) Requirements for termination. Stage 3 of this plan may be rescinded when notification is received from the Mayor, that triggering conditions for stage 3 have ceased. Upon termination of Stage 3, Stage 2 becomes operative.
(Ord. 2000-09, passed 9-18-2000)
(A) Stage 1 - Mild Limitations.
(1) Requirement for initiation. Mild limitation operations are initiated when, total daily water demand equals or exceeds 90% of the town’s firm pumping capacity or of any delivery system of the town to specific water users for three consecutive days or 95% of capacity on a single day or if notification is received from the Mayor, that mild limitations exist in their system.
(2) Limitation responses. The same steps will be taken for the water users affected as outlined in § 53.08(A)(2).
(B) Stage 2 - Moderate Limitations.
(1) Requirement for initiation. Moderate limitation operations are initiated when, total daily water demand equals or exceeds 95% of the town’s firm pumping capacity or of any delivery system of the town to specific water users for three consecutive days or 100% of capacity on a single day or if notification is received from the Mayor, that moderate limitations exist in their system.
(2) Limitation responses. The same steps will be taken for the water users affected as outlined in § 53.08(B)(2).
(C) Stage 3 - Severe Limitations.
(1) Requirement for initiation. Severe limitation operations are initiated when, total daily water demand equals or exceeds 100% of the town’s firm pumping capacity or of any delivery system of the town to specific water users for three consecutive days or if notification is received from the Mayor, that severe limitations exist in their system.
(2) Limitation responses. The same steps will be taken for the water users affected as outlined in § 53.08(C)(2).
(D) Stage 4 - Critical Emergency Conditions.
(1) Requirement for initiation. Critical emergency conditions may be triggered by any number of situations including natural disasters, massive power outages, massive equipment or facility failures, public water supply contamination or if notification is received from the Mayor, that critical emergency conditions exist in their system.
(2) Limitation responses. The Mayor, in consultation with the Town Council will coordinate actions necessary to prohibit all uses of the public water supply, except in emergency cases, until further notice that critical conditions have been resolved.
(Ord. 2000-09, passed 9-18-2000)
No person shall knowingly or intentionally allow the use of water from the town for residential, commercial, industrial, agricultural, governmental or any other purpose in a manner contrary to any provision of this plan, or in an amount excessive of that permitted by the drought or limitation response stage in effect at the time pursuant to action taken by the Mayor, or his or her designee, in accordance with provisions of this plan.
(Ord. 2000-09, passed 9-18-2000) Penalty, see § 53.99
(A) (1) The Mayor, or his or her designee, may, in writing, grant a temporary variance for water uses otherwise prohibited under this plan if:
(2) It is determined that failure to grant such variance would cause an emergency condition adversely affecting the health, sanitation or fire protection for the public or the person requesting such variance and if one or more of the following conditions are met:
(a) Compliance with this plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect; and
(b) Alternative methods can be implemented which will achieve the same level of reduction in water use.
(B) (1) Persons requesting an exemption from the provisions of this chapter shall file a petition for the variance with the town within five days after this plan or a particular drought or limitation response stage has been invoked.
(2) All petitions for variances shall be reviewed by the Mayor, or his or her designee, and shall include the following:
(a) Name and address of the petitioners;
(b) Purpose of water use;
(c) Specific provision(s) of this plan from which the petitioner is requesting relief;
(d) Detailed statement as to how the specific provision of this plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this chapter;
(e) Description of the relief requested;
(f) Period of time for which variance is sought;
(g) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this plan and the compliance date; and
(h) Other pertinent information.
(C) Variances granted by the town shall be subject to the following conditions, unless waived or modified by the Mayor or his or her designee.
(1) Variances granted shall include a timetable for compliance.
(2) Variances granted shall expire when this plan is no longer in effect, unless the petitioner has failed to meet specified requirements.
(Ord. 2000-09, passed 9-18-2000)
(A) Any person who violates this plan is guilty of a misdemeanor and, upon conviction shall be punished by a fine not to exceed $500. Each day that one or more of the provisions of this plan is violated shall constitute a separate offense. If a person is convicted of three or more distinct violations of this plan, the Town Council shall, upon due notice to the customer, be authorized to discontinue water service to the premises where such violations occur. Services discontinued under such circumstances shall be restored only upon payment of a reconnection charge as established in the Utility Service Regulations and any other costs incurred by the town in discontinuing service. In addition, suitable assurance must be given to the Mayor that the same action shall not be repeated while this plan is in effect. Compliance with this plan may also be sought through injunctive relief in the District Court.
(B) Any person, including a person classified as a water customer of the town, in apparent control of the property where a violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on the person’s property shall constitute a rebuttable presumption that the person in apparent control of the property committed the violation. But any such person shall have the right to show that he or she did not commit the violation. Parents shall be presumed to be responsible for violations of their minor children and proof that a violation committed by a child, occurred on property within the parent’s control shall constitute a rebuttable presumption that the parent committed the violation. But any such parent may be excused if he or she proves that he or she had previously directed the child not to use water as it was used in violation of this plan and that the parent could not have reasonably known of such violation.
(C) Any employee of the town, law or ordinance enforcement officer, or other town employee designated by the Mayor and/or Town Council, may issue a citation to a person he or she reasonably believes to be in violation of this chapter. The citation shall be prepared in duplicate and shall contain the name and address of the alleged violator. If known, the offense charged, and shall direct him or her to appear in the Municipal Court, on the date shown on the citation for which date shall not be less than three days or more than five days from the date the citation was issued. The alleged violator shall be served a copy of the violation.
(D) Service of the citation shall be complete upon delivery of the citation to the alleged violator, to an agent or employee of a violator, or to a person over 16 years of age who is a member of the violator’s immediate family or is a resident of the violator’s residence. The alleged violator shall appear in Municipal Court to enter a plea of guilty or not guilty for the violation of this plan. If the alleged violator fails to appear in Municipal Court, a warrant for his or her arrest may be issued. A summons to appear may be issued in lieu of an arrest warrant These cases shall be expedited and given preferential setting in Municipal Court before all other cases.
(Ord. 2000-09, passed 9-18-2000)