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(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)