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§ 52.40 APPLICATION OF WATER CONSERVATION PROCEDURES.
   This subchapter shall apply to all persons who are now or will be future users or customers of the city's water utility, unless otherwise excepted by this subchapter.
(Ord. 2004-2, passed 3-16-04)
§ 52.41 DEFINITIONS.
   For purpose of this subchapter, the following terms, phrases and words are defined herein. Words used in the present tense, include the future, words in the plural include the singular and words in the singular include the plural. The word “SHALL” is always meant to be mandatory and not merely directory. Words of gender are intended to be interchangeable without regard to sexual designation.
   "BOARD." The Madison Board of Public Works and Safety.
   "FIRE DEPARTMENT." The City of Madison Fire Department.
   "HEALTH CARE PROVIDER." Any publicly recognized and licensed medical or other licensed health care establishment, including but not limited to hospitals, emergency medical centers, first-aid stations, doctors and dentist's offices and nursing homes.
   "MANAGER." The Utility Manager of the City of Madison Water Utility.
   "MAYOR." The Mayor of the City of Madison, or, in his absence, the acting Mayor.
   "MUNICIPAL WATER UTILITY/UTILITY." The City of Madison Water Utility.
   "PERSON." An individual, firm, partnership, association, corporation, company, or any other organization of any kind.
   "USER/CUSTOMER." Any person whose residence and/or business is connected to the utility, whether legally or illegally. Failure of a person to pay for the water they receive from the utility shall not otherwise prevent them from being classified as a user or customer.
(Ord. 2004-2, passed 3-16-04)
§ 52.42 ROLE OF MAYOR, BOARD AND UTILITY MANAGER.
   (A)   Upon notice, either oral or written, from the Utility Manager that he has determined that conditions exist which may, or do, give rise to a shortage of water in the utility, or water pressure in the utility's water system, or both, the Mayor shall be empowered to declare that an appropriate water conservation level shall be in effect.
   (B)   The Mayor shall, at the time that a declaration of water conservation is made, determine the level of conservation which shall be imposed upon the users of the utility.
   (C)   The Mayor shall, at his earliest opportunity, consult with the Board of Public Works and Safety, either at a regular session or a special session called for that purpose. At the meeting, the Mayor, together with Utility Manager, shall advise the Board as to the status of the water problem, the steps that have been taken to remedy the problem, and the Board shall determine the length of time that the level of conservation shall be maintained, propose solutions for the immediate and/or long term problem, and consider such other items as the Mayor and the Board shall deem necessary.
(Ord. 2004-2, passed 3-16-04)
§ 52.43 FOUR LEVELS OF CONSERVATION.
   In order to implement a water conservation program appropriate to the needs of the utility and its users, the following levels of conservation are established:
   (A)   Level 1 - Voluntary Conservation.
   (B)   Level 2 - Restricted Water Use.
   (C)   Level 3 - Prohibited Water Use.
   (D)   Level 4 - Water Rationing.
(Ord. 2004-2, passed 3-16-04)
§ 52.44 VOLUNTARY CONSERVATION.
   This level shall consist of a request by the Mayor to the users to engage in conscience efforts to reduce water consumption by practicing conservation techniques and suggesting meaningful action to be taken until such time as the existing water problem is resolved.
(Ord. 2004-2, passed 3-16-04)
§ 52.45 RESTRICTED WATER USE.
   (A)   Level 2 shall be comprised of methods of restricting water usage by users to such times, terms and conditions as the Mayor and/or Board shall determine appropriate. Level 2 does not contemplate a severe water shortage in the immediate future, but rather than mandatory conservation methods must be imposed to insure adequate water and pressure for future needs.
   (B)   The users shall be requested to cease or reduce water use for such items, including but not limited to, sprinkling, irrigating, or watering lawns, ground cover, gardens and other landscaping, washing of automobiles, truck, homes or other non-essential equipment, the operation of ornamental fountains, wading and swimming pools and such other non-essential uses as may, from time to time, be determined by the Board.
   (C)   Special consideration shall be given regarding those persons whose businesses or livelihoods require a constant supply of water on a regular basis. These businesses include but are not limited to: healthcare providers, industrial and agricultural activities declared necessary for the public health and well being, restaurants, car washes and garden centers.
(Ord. 2004-2, passed 3-16-04)
§ 52.46 LEVEL 3 - PROHIBITED WATER USE.
   (A)   Level 3 prohibitions shall preclude the use of water as announced under any preceding Level 2 restriction(s). Additionally, users shall be subjected to additional prohibitions which will be determined by the Board as conditions and needs dictate, but shall not include water rationing.
   (B)   Unless an emergency exists, the Mayor shall call a special joint meeting of the Board and Common Council prior to the utility adopting a Level 3 Water Conservation condition. In the event that an emergency exists or it is impractical to call a special joint session of the Board and Common Council, the Mayor may declare a Level 3 water condition but, shall convene the special joint session as soon thereafter as possible.
(Ord. 2004-2, passed 3-16-04)
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