(a) Authority of City Manager. The City Manager is hereby empowered to enforce the following rules, regulations and criteria to limit water usage at any time should the supply be inadequate to meet the demand, due to low pressure, water main breaks or emergency situations.
(b) Criteria.
(1) A voluntary curtailment shall be declared if demand is such that recovery of the water system to average capacity is not probable within the next 24 hours, as determined by the City Manager.
(2) A mandatory ban shall be declared if the City Manager or his or her designate determines that anticipated demand or actual demand exceeds the production capacity of any portion of the water treatment or distribution system so that depletion of supplies could endanger the peace, health, safety and general welfare of the city.
(c) Rules and regulations.
(1) Voluntary curtailment and mandatory bans shall be declared by the City Manager or a designate and that declaration shall identify usages that are being controlled or precluded, as part of the ban or curtailment, according to the following priority schedule. The schedule identifies the order of ban or curtailment with the lowest priority listed first and highest priority listed last:
A. Bulk water;
B. Swimming pools or any similar use;
C. Lawns and flower gardens or any similar use;
D. Public recreational facilities and privately owned shrubs, trees and vegetable or fruit gardens or any similar use;
E. Light and heavy industrial use and commercial business - retail or any similar use;
F. Residential usage, e.g. laundry, baths, drinking and cooking water or any similar use;
G. Hospital, nursing home, critical care units, schools and licensed day-care or any similar use; and
H. Fire Department and emergency services or any similar use.
(2) At the discretion of the City Manager or designate, a mandatory ban or curtailment may be declared according to the criteria set forth in division (b) hereof.
(3) Upon declaration of a mandatory ban or curtailment, the City Manager shall notify the Mayor, City Council and the news media, and post a notice of the ban or curtailment in a public place.
(4) The Chief of Police shall be directed by the City Manager to issue warning citations to first offenders, and cite any additional violations, of any declared mandatory ban on water usage. Upon declaration that a mandatory ban or curtailment be made at a level under division (c)(1) hereof, the City Manager is hereby directed to notify all higher priority users of a voluntary curtailment.
(5) Penalties for violations of the ban will be added to the violator’s monthly water bill.
(6) The City Manager shall report to Council on the condition of the city’s water system at the next City Council meeting following the declaration of a mandatory ban or voluntary curtailment.
(7) Any clarification or determination of similar use under the priority schedule shall be made by the City Manager.
(8) A voluntary curtailment may be lifted at the discretion of the City Manager or designate upon the determination of the City Manager or designate that recovery of the water system to normal capacity is probable within the next 24 hours. A mandatory ban may be lifted at the discretion of the City Manager or designate upon the determination by the City Manager or designate that anticipated demand or actual demand does not exceed the production capacity of any portion of the water treatment or distribution system so that the depletion of supplies could endanger the peace, health, safety and general welfare of the city. Those parties previously notified of the imposition of the ban or curtailment shall be notified of the lifting of the ban or curtailment.
(9) Upon declaration of a mandatory ban or curtailment, City Council shall have the authority to impose a moratorium on all new water expansions until the mandatory ban or curtailment is lifted.
(10) Upon declaration of a mandatory ban or curtailment, City Council shall appoint a review board, consisting of three residents, who shall hear requests from water users to vary the rules and regulations for individual circumstances.
(d) Penalties.
(1) Whoever violates a mandatory ban shall receive a warning upon the first occurrence.
OCCURRENCE means a violation, along with subsequent actual notice of the violation. Accordingly, once actual notice of a violation is received, the party is subject to an additional charge for another violation, even if it is an uninterrupted improper use of water.
(2) Whoever violates a mandatory ban on second and subsequent occurrences shall be assessed on their water bill an additional charge for improper water use in the sum of $150 for each occurrence.
(3) The above does not preclude the right of the city at any time to pursue injunctive relief to seek strict adherence to the criteria, rules and regulations set forth in divisions (b) and (c) hereof.
(Ord. 90-130, passed 10-22-1990)