(a) Purpose.
(1) The purpose of this section is to provide for the reduction and curtailment of water usage through mandatory restrictions.
(2) The objectives of this section are:
A. To establish various stages of water restrictions;
B. To define the specific water usage restrictions; and
C. To establish enforcement protocol for violations.
(b) Definitions.
(1) “Aesthetic water use” means ornamental or decorative fountains, reflecting pools, water gardens or similar.
(2) “Authorized agent” means an official (typically the Public Works Director) designated by the City Manager to provide technical guidance in water emergency situations, issue a water emergency at any level, and enforce this section.
(3) “City” means the City of Miamisburg.
(4) “City water” means water produced or purchased by the City of Miamisburg.
(5) “Commercial vehicle wash facility” means a fixed site or mobile unit whose primary operation is washing the exteriors of over the road vehicles including but not limited to: cars, trucks, trailers, trailer houses, boats, planes, railroad cars or any other type of mobile equipment.
(6) “Commercial plant life facility” means a facility whose primary operation is the cultivation and/or sale of vegetation (grass, shrubbery, trees, flowers, vegetable plants).
(7) “Essential water use” includes the following definitions:
A. The use of water to sustain normal life and the lives of domestic pets, and to maintain minimum standards of hygiene and sanitation;
B. The use of water for patient care and rehabilitation;
C. Fire fighting; and
D. Essential public service functions of the City.
(8) “Even numbered address” means street addresses ending in 0, 2, 4, 6, or 8 and all locations without an address.
(9) “Hand watering” is the use of a hand-held watering device. The device can be attached to the end of a garden hose, but must be held in the hand of a person at all times that watering is taking place.
(10) “Irrigation” means the use of City water for the irrigation and maintenance of landscaped areas, including: grass, shrubbery, trees, flowers and vegetable gardens, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, rights-of-way and medians.
(11) “Mandatory conservation” means conservation measures are not voluntary. If users fail to comply, they are subject to the penalties outlined in this section. A new landscape is defined as one that has been installed 21 days or less from the date a water emergency is issued.
(12) “New landscape” means new vegetation that is installed at the time of construction of a new residence, commercial or industrial building or government project; or which alters more than one-half of the area of an existing landscape.
(13) “Odd numbered addresses” means street addresses ending in 1, 3, 5, 7, or 9.
(14) “Outdoor recreation water use” means the use of City water for recreational purposes including, but not limited to: swimming pools, wading pools, sprinklers, pop-jet fountains, and slip-and-slides.
(15) “Person” means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.
(16) “Recreation field” means any golf course, athletic field or recreational green space, public or privately owned.
(17) “Shall” is mandatory.
(18) “User” means any person using water for any purpose produced by or obtained by the City, directly or indirectly.
(19) “Vegetation” means grass, shrubbery, trees, flowers, vegetable plants.
(20) “Water shortage” means conditions exist when the demands and requirements of water customers cannot be satisfied without depleting the available supply of treated water to below a critical level. Conditions contributing to a water shortage may include, but are not limited to the following: 1) available groundwater supply is below the level necessary to meet needs; 2) water quality is threatened; 3) power outage; 4) facility or equipment failure; 5) peak customer demands on the water system; or 6) natural disasters.
(21) “Water emergency” means conditions exist such that treated water demand exceeds available treated water supply and a serious water shortage exists.
(c) Scope.
(1) Applicability. This section shall apply to all users when the City reasonably foresees that treated water demand will exceed treated water supply. A water emergency may be declared by the City for the entire City water service area, or for portions thereof, as determined by the authorized agent.
(2) Responsibility for administration. The authorized agent shall administer, implement, and enforce the provisions of this section. Any powers granted or duties imposed upon the authorized agent may be delegated to persons or entities acting in the beneficial interest of or in the employ of the City.
(3) Severability. The provisions of this section are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this section or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this section.
(d) Water Emergency Stages.
(1) Water Emergency Stage 1. When the authorized agent declares a Water Emergency Stage 1, the following mandatory restrictions shall apply:
A. Irrigation for all users, including recreation fields, shall be limited to the hours of 7:00 p.m. to 7:00 a.m.
B. For users with an even numbered address, irrigation shall be restricted to Tuesday, Thursday and Saturday.
C. For users with an odd numbered address, irrigation shall be restricted to Wednesday, Friday and Sunday.
D. Exceptions to these restrictions may be granted for a new landscape per the chapter definition via a variance request.
(2) Water Emergency Stage 2. When the authorized agent declares a Water Emergency Stage 2, the following mandatory restrictions shall apply:
A. Irrigation, for all users, including recreation fields, other than by hand watering, is prohibited. Exceptions to this restriction may be granted via a variance request for any commercial plant life facility or golf course (greens and tees only) per the chapter definition.
B. Washing of automobiles, trucks, trailers, boats, airplanes, or any other type of mobile equipment is prohibited. Exceptions to this restriction may be granted via a variance request for any commercial vehicle wash facility.
C. Washing of outside areas such as streets, driveways, aprons, parking lots, buildings, homes, sidewalks, patios, or other such areas is prohibited.
D. Aesthetic water use as defined in this chapter is prohibited.
E. Outdoor recreation water use is prohibited.
F. Use of water from fire hydrants by any person other than that for the purpose of City business (i.e. fire fighting or main flushing) is prohibited.
G. Use of water for dust control, compaction, construction, or testing of new water lines is prohibited.
H. Any intentional waste of City water, including but not limited to failure to repair a water leak (valve, sprinkler head, pipe, or any plumbing fixture) within 96 hours of knowledge is prohibited.
(3) Water Emergency Stage 3. When the authorized agent declares a Water Emergency Stage 3, the following mandatory restrictions shall apply:
A. Irrigation, for all users, including recreation fields, including hand watering, is prohibited.
B. Washing of automobiles, trucks, trailers, boats, airplanes, or any other type of mobile equipment is prohibited.
C. Washing of outside areas such as streets, driveways, aprons, parking lots, buildings, homes, sidewalks, patios, or other such areas is prohibited.
D. Aesthetic water use as defined in this section is prohibited.
E. Outdoor recreation water use is prohibited.
F. Filling, refilling or topping off swimming and wading pools is prohibited.
G. Use of water from fire hydrants by any person other than that for the purpose of City business (i.e. fire fighting or main flushing) is prohibited.
H. Use of water for dust control, compaction, construction, or testing of new water lines is prohibited.
I. Serving City water in restaurants, cafeterias or other food establishments, except upon request, is prohibited.
J. Use of City water for anything other than essential use as defined by this section is prohibited.
(e) Notification Requirements.
(1) Authority. The authorized agent or designee has the authority to issue a water emergency notice.
(2) Contents. Notice of water emergency requirements shall contain:
A. The affected service area;
B. The date and time rationing shall begin;
C. The date and time rationing shall end, if known;
D. The Water Emergency Stage in effect; and
E. The restrictions appropriate to that stage.
(3) Method. All reasonable efforts to inform the affected users will be made. Methods may include: posting on the City website, posting at all City facilities, notice in the local newspaper, and press releases to all local radio and television stations.
(f) Variance.
(1) Petition for variance should be made to the authorized agent in writing and a variance may be issued by the authorized agent on a case by case basis.
(2) All variances are temporary.
(3) All variance application decisions are final.
(4) The following criteria will be evaluated in consideration of granting a variance:
A. The quantity of water being requested;
B. The impact on the health, sanitation or fire fighting ability for the public; and
C. The impact on the applicant's primary source of income.
(g) Violations and Penalties.
(1) City authority to correct violations. The authorized agent or designee has the authority to perform the following actions:
A. If illegal water use is occurring, the water or watering device may be turned off without notice.
B. City water service to the address may be turned off without notice.
(2) Notice of violation. Whenever the City finds that a person has violated a prohibition or failed to meet a requirement of this section, the City-authorized agent may order compliance by written notice of violation to the responsible person. Such notice may include without limitation:
A. A description of the violation;
B. Suspension of City water service;
C. Surcharge fee up to 100% on all water usage since the previous City meter reading;
D. A reconnection fee charge;
E. Order to correct, cure or abate immediately the violation; and
F. Payment of civil and or criminal penalties.
(3) Civil penalty. In determining the amount of the civil penalty, the authorized agent shall consider the following:
A. The degree and extent of harm to the natural resources, public health, public or private property resulting from the violation;
B. The duration and gravity of the violation;
C. Whether the violation was committed willfully and intentionally;
D. The prior compliance record of the violator;
E. The costs of investigation, abatement and enforcement to the City.
(4) Criminal penalty. A violation of or failure to comply with any of the requirements of this section shall constitute a minor misdemeanor and shall be punished as set forth in City ordinances. A separate offense shall be deemed committed for each violation and each day during or on which a violation occurs or continues.
(Ord. 4209. Passed 6-6-89; Ord. 6076. Passed 8-5-08.)