§ 50.05 STAGE 2 WATER SHORTAGE CONDITION; DECLARATION OF MANDATORY RESTRICTIONS; ILLEGAL ACTS.
   (A)   In determining whether to declare a Stage 2 water shortage condition, the County Manager shall consider water storage levels, available supply sources, available usable storage on hand, drawdown rates, projected supply capability, outlook for precipitation, daily water use patterns, and availability of water from other sources.
   (B)   Upon the declaration of a Stage 2 water shortage condition, and until the time as the declaration of water shortage has been rescinded, it shall be unlawful for any person or entity to use or permit the use of water from the county water system for any of the following purposes:
      (1)   To water lawns, grass, shrubbery, trees, flowers, or vegetable gardens, except as may be specifically allowed in accordance with a watering schedule established in accordance with § 50.11; however, shrubbery, trees, flowers, or vegetable gardens may be watered by use of a hand-held hose;
      (2)   To fill newly constructed swimming or wading pools or to refill existing swimming or wading pools which have been drained;
      (3)   To operate or induce water into any ornamental fountain, pool, pond, or other structure making similar use of water (except as otherwise provided below);
      (4)   To wash automobiles, trucks, trailers, boats, airplanes, or any other type of mobile equipment, including commercial washing (unless water is recycled);
      (5)   To wash down outside areas such as streets, driveways, service station aprons, parking lots, patios, office buildings, or exteriors or windows of buildings, including residential and commercial construction, or to use water for other similar purposes;
      (6)   To use water from fire hydrants for any purpose other than firefighting or other public emergency;
      (7)   To serve drinking water in restaurants, cafeterias, or other food establishments, except upon request;
      (8)   To operate water-cooled air conditioners or other equipment that does not recycle cooling water, except when health and safety are adversely affected; and/or
      (9)   To use water for any unnecessary purpose or to intentionally waste water.
   (C)   The goal for a Stage 2 water shortage condition is to reduce water usage by 5% to 10% from a normal level.
   (D)   Incidental uses of water (including birdbaths and garden ponds or pools) that serve pets, livestock, or other animals are hereby exempted from these restrictions.
   (E)   Violations of this section.
      (1)   Any violation of a provision of this section shall constitute a Class 3 misdemeanor, punishable upon conviction as provided in G.S. § 14-4 by a maximum fine of $500.
      (2)   In addition to the other remedies cited in this section for the enforcement of its provisions, and pursuant to G.S. § 153A-123, the regulations in this subchapter may be enforced through the issuance of civil penalties by the Public Works Department. First offense penalties may be assessed at the rate of $50 per offense. If the offender continues to violate the provisions of this subchapter, the second offense may be assessed in the amount of $250 and the third or greater offense may be assessed in the amount of $500. If the offender fails to pay the civil penalties within five days after having been cited, the county may either add the amount of the penalties within five days after having been cited, the county may either add the amount of the penalties to the offender’s next water bill or recover the penalties in a civil action in the nature of debt. Offenders who fail to pay any such penalties added onto their water bills will be subject to disconnection of service as provided in § 50.10.
      (3)   In addition to, or in lieu of, the foregoing, pursuant to G.S. § 153A-123, the county may seek a mandatory or prohibitory injunction and/or an order of abatement commanding the offender to correct the unlawful condition or cease the unlawful activity.
(Ord. passed 6-4-2007; Ord. passed 3-21-2022)