(A) Compliance. If the City of Hendersonville or Laurel Park issues a declaration of a stage II water shortage alert, then it shall be unlawful for any person to use or permit the use of water from the city/town water system for any purpose set forth in this section until such time as the declaration of water shortage has been rescinded. In exercising the authority for declaring a water shortage alert consideration shall be given to water storage levels and available sources of supply, available usable storage on hand, drawdown rates, the projected supply capability, outlook for precipitation, daily water use patterns and availability of water from other sources.
(B) Water use restrictions. If a stage I water shortage advisory is in effect and usage is not reduced by 10% or more from normal levels, as determined by authorized representative, then a stage II water shortage alert may be proclaimed. In addition to the voluntary guidelines already in effect, it shall be unlawful to use water supplied by the city/town water system in the following manner:
(1) To water lawns, grass, shrubbery, trees and flowers; nurseries that are registered with the city/town shall be allowed to operate provided they reduce average consumption by 20% or more. Nurseries that fail to meet this target will be subject to the same progressive penalties as other users who are in violation of the terms of this subchapter;
(2) To water vegetable gardens in excess of one inch of water per week;
(3) To fill newly constructed swimming and/or wading pools or refill swimming and/or wading pools which have been drained;
(4) To wash down outside areas such as streets, driveways, concrete aprons, parking lots, office buildings, exteriors of existing or newly constructed homes or apartments, sidewalks, decks or patios, or wash down building structures or use water for other similar purposes;
(5) To use water from public or private fire hydrants for any purpose other than fire suppression or other public emergency;
(6) To wash cars at commercial car washes, except for facilities that are equipped to recycle water and are registered as such with the city/town or commercial car washes that do not recycle, but which achieve a 20% reduction as determined by the Hendersonville Utilities Director. Car washes that fail to meet this target will be subject to the same progressive penalties as other users who are in violation of the terms of this subchapter;
(7) To operate or induce water into any ornamental fountain, pool or pond, or other structure making similar use of water, except for facilities that recycle water through the process;
(8) To serve drinking water in restaurants, cafeterias or other food establishments, except upon request;
(9) To operate water-cooled air conditioners or other equipment that does not recycle cooling water, except when health and safety are adversely affected; and
(10) To use water for any unnecessary purpose or to intentionally waste water.
(C) Suspicion of violation. Whenever the town has reasonable cause to believe that a person is violating any of the provisions of this section or any policy or declaration and action plan adopted hereunder, the town shall immediately notify that person of the violation by affixing a written notice of violation (NOV) to the property where the violation occurred and/or personally delivering or mailing such notice to the customer of record and to any other person known to the town who is responsible for the violation or its correction. Such notice shall describe the violation, order that it be corrected, cured or abated immediately or within such specified time as the Town Manager determines is reasonable under the circumstances, and warn that more severe measures, such as civil penalties, criminal charges or termination of water service may be brought, assessed or imposed. If the order is not complied with within the time period, the Town Manager may undertake enforcement action, as deemed necessary.
(Ord. passed 1-20-2009) Penalty, see § 51.99