§ 53.13 RESTRICTED USE OF MUNICIPAL WATER.
   (A)   Purpose. This section establishes a City emergency water conservation response plan.
   (B)   Declaration of policy. Because of varying conditions related to water resource supply and distribution system capabilities, it is necessary to establish and to enforce methods and procedures to ensure that, in time of emergency shortage of the local water supply, the water resources available to the City are put to the maximum beneficial use, that unreasonable use or unreasonable method of use of water is prevented, and that conservation of water is accomplished in the interests of the residents of the City and for the public health, safety, and welfare.
   (C)   Application.
      (1)   This section applies to all departments of the City and to all customers who own, occupy, or control premises where water obtained from the City’s water system is used, whether within or outside of the City.
      (2)   No person shall make, cause, use, or permit the use of water for residential, commercial, industrial, governmental or any other purpose in any manner contrary to any provision in this section.
      (3)   Mandatory emergency conservation measures shall be implemented based upon the declaration of an emergency pursuant to this section.
   (D)   Declaration of water emergency authorized. The Mayor or the City Council, upon the recommendation of the City Administrator or of the Water Department Superintendent, may declare a water emergency and implement mandatory conservation measures as set forth in this section.
   (E)   Implementation, termination.
      (1)   The Water Department Superintendent may develop guidelines setting forth general criteria to assist the mayor and council in determining when to declare a water emergency.
      (2)   Upon recommending that a water emergency be declared, the City Administrator or the Water Department Superintendent, as the case may be, shall report in writing to the Mayor and Council providing the reasons for and expected duration of such emergency and describing implementation of recommended emergency water conservation measures.
      (3)   Upon the cessation of the condition or conditions giving rise to the water emergency, or upon majority vote of Council, the Mayor (or the mayor pro tern in the absence of the mayor) shall declare the water emergency terminated. Upon such termination, the mandatory conservation measures shall no longer be in effect.
   (F)   Mandatory emergency water conservation measures. Upon declaration of a water emergency and notification to the public, the following mandatory restrictions upon nonessential uses shall be enforced:
      (1)   All outdoor irrigation, except for those areas irrigated with reclaimed water, is prohibited between the hours of 8:00 a.m. and 6:00 p.m. each day. If the City Administrator deems it appropriate, a schedule designating certain outdoor watering days may be implemented.
      (2)   Washing of sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas with water from any pressurized source, including garden hoses, except to alleviate immediate health or safety hazards, is prohibited.
      (3)   The outdoor use of any water-based play apparatus connected to a pressurized source is prohibited.
      (4)   The filling of swimming pools, fountains, spas, or other exterior water features is prohibited.
      (5)   The washing of automobiles, trucks, trailers, and other types of mobile equipment is prohibited, except at facilities equipped with wash water recirculation systems, and except for vehicles requiring frequent washing to protect public health, safety and welfare.
   (G)   Sod watering. A person may use water to establish hew sod and seeded turf lawns, subject to the following restrictions:
      (1)   On the day new sod or seed has been placed on a property, a person may use an automatic sprinkling device to apply water to the sod or seed for a total period of time not to exceed eight hours.
      (2)   During the next nine days thereafter, a person may apply water to said sod or seed each day but only during permitted hours, not between the hours when water use is prohibited by division (F)(1) of this section.
   (H)   Hydrant use prohibited. No person - other than employees and agents of the City, Fire Department personnel, or others specifically authorized by the City, and each acting within the scope of his employment in each instance - shall open or draw water from any fire hydrant connected to the City water supply and distribution system.
   (I)   Variances. The City Administrator, or in his or her absence the Executive Assistant, is authorized to review hardship cases and special cases within which strict application of this section would result in serious hardship to a customer. A variance may be granted only for reasons involving health, safety or economic hardship. Application for variance from requirements of this chapter must be made on a form provided by the City.
   (J)   Violations/penalties.
      (1)   For each instance of noncompliance with water usage restrictions imposed by this section, a charge of up to $25 shall be assessed against the property on which the violation occurred and added to the water bill for such premises. The amount of the charge shall be specified by the Council in its resolution and the Mayor in his certification to the City Administrator.
      (2)   Failure to comply with water usage restrictions after two warnings shall be cause for the discontinuance of water service.
      (3)   Failure to comply with water usage restrictions shall be a petty misdemeanor, punishable by the maximum fine allowed by law for such offenses.
   (K)   Enforcement. The City Administrator is authorized to designate city employees to enforce the provisions of this section.
(Ord. 12, 6th Series, passed 8-1-2006)