When in the opinion of the board of commissioners circumstances require water conservation by LCUD customers, the board of commissioners may impose one or more of the following conditions after consideration of those circumstances at a regular public hearing after notice to the customers as provided for in Nevada law or at an emergency meeting conducted by the board.
Routine conservation does not require special board action and is observed annually from June 1 through October 1 of each year.
A. Routine Conservation:
1. Restrict watering to odd and even days depending on service address. There is no restriction to hand watering or washing cars using hoses with self-closing nozzles.
a. Watering is not allowed between the hours of ten o'clock (10:00) A.M. and six o'clock (6:00) P.M.
b. No outside watering on the thirty first day of a month.
c. No outside watering when it is windy.
2. Exempted from this section are the following:
a. Nevada licensed commercial gardeners or caretakers who are on the premises at the time watering is taking place;
b. Vegetable gardens, flowerbeds, trees within two (2) months of planting;
c. New lawns including sod, for twenty one (21) days from planting or installation date, that have been planted prior to June 15 or after August 15;
d. Complexes that file for and receive approval of an irrigation plan.
e. Residential customers adjusting and repairing their irrigation system during the nonwatering times for a not to exceed time frame of one hour.
f. Special exemptions from this section may be granted by the utilities director or his/her designee on a case by case basis based on a determination that the special request shall not be detrimental to the public water system or supply. A customer requesting an exemption must submit a written request to LCUD.
3. No excess water running down impervious surfaces or on to other property that may cause damage or as described in subsection 9.03.07B of this chapter.
B. Moderate Conservation:
1. All items under subsection A, "Routine Conservation", of this section.
2. Restrict landscape irrigation to more restrictive schedule such as no watering on Mondays or watering only twice a week.
3. Limit use of water from fire hydrants to actual firefighting use.
4. Prohibit wash down of driveways, sidewalks, parking lots and other impervious surfaces.
C. Strict Conservation:
1. All items under subsection B, "Moderate Conservation", of this section.
2. No landscape or lawn irrigation under any circumstances.
3. No new lawn or landscape installation.
4. No wash down of automobiles, trucks, vans or other motorized equipment except at commercial washing facilities that recycle wash water.
5. Impose an excess consumption charge of three hundred percent (300%) of the existing rate per one thousand (1,000) gallons for water use in excess of one hundred fifty percent (150%) of the base amount. The director may make arrangements on a case by case basis but must report the arrangements to the board through the county manager.
D. Circumstances Under Which Moderate Or Strict Conservation May Be Required: The board of commissioners, upon its findings that one or more of the following emergency conditions are present, may impose moderate or strict conservation measures:
1. Water scarcity condition exists or is likely to exist.
2. Failure of water production, storage or distribution system(s).
3. Demand for service in excess of LCUD's authorized water rights.
4. Order of any agency of the federal, state or local government having jurisdiction in such matters.
5. Any other condition that may require such action.
E. Penalties: As a condition of service, any person who violates any of the provisions of subsection 9.03.07B of this chapter, subsections A, B and C of this section, will be assessed as follows:
1. For the first offense, issuance of a verbal warning;
2. For the second offense, issuance of a written warning both posted and mailed;
3. For the third through seventh offense, a fee assessment established by the board;
4. For the eighth offense and subsequent offenses, the installation of a flow restriction device and a service fee on a time and materials basis to cover the installation cost.
Fee assessments shall be added to the owner's or agent's monthly utility bill. Owners or agents shall be notified of the fee assessment through certified mail within seven (7) days of the observed violation. Protests shall be handled as provided for in subsections 9.03.01K through M and 9.03.09G of this chapter. (Ord. 504, 1-18-2007)