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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)
(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)
(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)
(A) Water rationing shall occur when the utility can not reliably provide water or pressure to its users by any practical means other than imposing specific allocations of water on the users, in such amounts that are determined equitable by the city.
(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 4 water 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 4 water condition, but, shall convene the special joint session as soon thereafter as possible.
(C) After the establishment of the Level 4 water condition, the Board, upon the advice of the Mayor, shall advise the users of the amounts of water that will be permitted to the user and the method of water distribution or control.
(Ord. 2004-2, passed 3-16-04)
(A) In order to inform users of the water conservation level in effect the utility shall give its users notice as soon as it is practical. The following guidelines shall be adhered to by the utility, unless otherwise provided, or an emergency exists making full advance notice impossible or impractical:
(1) Level 1 - Notice shall be given to the local newspapers, radio, TV and cable stations requesting user compliance in accordance with Level 1 restrictions;
(2) Level 2, 3, and 4 - Notice of mandatory conservation measures shall be posted at City Hall and shall be made through every available public communication, including but not limited to newspapers and radio and television broadcasts. Notice shall be effective upon such publication.
(B) Contents of notice. Each notice distributed to the press shall contain at least the following information:
(1) The conservation level declared and water use prohibitions that level imposes on the users:
(2) The enforcement remedies available to the city in the event a person violates the restrictions of the declared conservation level;
(3) A telephone number or other information advising the user where questions may be answered or more information obtained, including radio stations which may carry a pre-recorded broadcast;
(4) Such other information that may be deemed relevant.
(Ord. 2004-2, passed 31-6-04)
(A) Every user shall be subject to the enforcement provisions provided in this subchapter with the exception of the Fire Department, and any state licensed health care provider(s) which are or have been declared excepted by the Board.
(B) Any person violating the provisions of a Level 2 water conservation shall be subject to a first time written warning by either the Police Department or a municipal utility employee, or such other authorized and designated employee of the city. In the event said user continues to violate or subsequently violates the water conservation restrictions imposed by Level 2, that person shall be cited with a written citation and subject to a fine up to $250.
(C) A person who violates water conservation Levels 3 or 4 shall be cited by the Police Department or municipal utility employee, or such other duly authorized and designated employee of the city, with violation of this section. A fine may be imposed against said violator in the sum up to $250. Additionally, the utility shall disconnect the water service to any such user or customer, at the time the citation is issued, or as soon thereafter as possible. Water service shall be reconnected upon the payment of a reconnection fee in the sun of $100.
(Ord. 2004-2, passed 3-16-04)
(A) Discontinuance as judicial remedy. A discontinuance of water service, shall not be considered a judicial remedy and shall be imposed, as required by this subchapter, regardless of the outcome of any court hearing which may occur as a result of a citation being issued for a water conservation water level violation.
(B) No condition precedent to the issuance of a violation or discontinuance of service. Receipt of notice by a user of the water conservation level declared by the Board, or Board and Common Council, shall not be a condition precedent to the issuance of any warning or violation citation to any user. A notice requirement provided in this subchapter is intended as a best efforts obligation of the Utility and not intended as a defense to the issuance of a violation citation.
(Ord. 2004-2, passed 3-16-04)