(A) Definitions
"CUSTOMER." Any person using water for any purpose from the City's water distribution system and for which either a regular charge is made or, in the case of bulk sales, a cash charge is made at that site of delivery.
"OTHER SOURCES OF WATER." Water that has not been introduced by the city into its water distribution system.
"RAW WATER SUPPLIES." All water potentially available to persons in the City of Morehead.
"TREATED WATER." Water that has been introduced by the City into its water distribution system, including water offered for sale.
"WASTE OF WATER." Includes, but is not limited to
(1) permitting water to escape down a gutter, ditch, or other surface drain, or
(2) failure to repair a controllable leak of water due to defection plumbing.
(B) Treated Water Uses
(1) Class 1 – Essential Water Uses
(a) Domestic. Water necessary to sustain human life and the lives of domestic pets, and to maintain minimum standards of hygiene and sanitation.
(b) Health Care Facilities. Water necessary for patient care and rehabilitation.
(c) Water Hauling. Water sales for domestic use where not reasonably available elsewhere.
(d) Public Use. Water necessary for firefighting, health and public protection purposes, as specifically approved by health officials and the municipal governing body.
(2) Class 2 – Socially or Economically Important Uses of Water
(a) Domestic. Personal, in-house water use including kitchen, bathroom and laundry.
(b) Water Hauling. Non-domestic use, when other sources are not reasonably available elsewhere.
(c) Commercial and Civic Use. Water usage by commercial car and truck washes, laundromats, restaurants, clubs and eating places, schools, churches, motels/hotels and similar commercial establishments and charity car washes.
(d) Outdoor Non-Commercial Watering. Minimal watering of vegetable gardens and minimal watering of trees where necessary for their survival.
(e) Outdoor Commercial or Public Watering (using conservation methods and when other sources of water are not available or feasible to use). Agricultural irrigation for the production food and fiber or the maintenance of livestock, watering by arboretums and public gardens of national, state, regional or community significance where necessary to preserve specimens, watering by commercial nurseries where necessary to maintain stock, watering where necessary to establish or maintain revegation or landscape plantings required pursuant to law or regulation, watering of woody plants where necessary to preserve them, and minimal watering of golf course greens.
(f) Recreational Watering – operation of municipal swimming pools and residential pools that serve more than twenty-five (25) dwellings.
(g) Air Conditioning Watering – refilling for startup at the beginning of the cooling season, makeup of water during the cooling season, refilling specifically approved by health officials and the municipal governing body where the system has been drained for health protection or repair services.
(3) Class 3 – Non-Essential Use of Water. Any waste of water as defined herein, is non-essential. Additionally, the following uses of water are non-essential.
(a) Public Use. Use of fire hydrants (excluding Class I and Class 2 uses), including use of sprinkler caps, testing fire apparatus and fire department drills, flushing of sewers and hydrants except as needed to ensure public health and safety as approved by health officials and the municipal governing body.
(b) Commercial and Civic Use. Serving water in restaurants, clubs, or eating places, except by customer request, failure to repair a controllable leak, increasing water levels in scenic and recreational ponds and lakes, except as necessary to support fish and wildlife.
(c) Ornamental Purposes. Fountains, reflecting pools and artificial waterfalls.
(d) Outdoor Non-Commercial Watering. Use of water for dirt control or compaction, watering of annual or non-woody plants other than vegetable gardens, watering of lawns, parks, golf course fairways, playing fields and other recreational areas, washing sidewalks, walkways, driveways, parking lots, tennis courts or other hard surface areas, washing down buildings or structures for purposes other than immediate fire protection, flushing gutters or permitting water to run or accumulate in any gutter or street.
(e) Outdoor Commercial or Public Watering. Expanding nursery facilities, placing new irrigated agricultural land in production or planting of landscaping except when required by a site design review process, use of water for dirt control or compaction, watering of lawns, parks, golf course fairways, playing fields and other recreational areas, washing sidewalks, walkways, driveways, parking lots, tennis courts or other hard surface areas, washing down buildings or structures for purposes other than immediate fire protection, flushing gutters or permitting water to run or accumulate in any gutter or street, recreational uses other than those specified as Class 2 and noncommercial washing of motor and other vehicles.
(f) Air Conditioning. Refilling cooling towers after draining. (See also Class 2 purposes.)
(C) Water Shortage Response Phrases:
(1) Advisory. Conditions exist which indicate the potential for serious water supply shortages.
(2) Alert. Raw water supplies are consistently below seasonal averages, and if they continue to decline, may not be adequate to meet normal needs.
(3) Emergency. Water supplies are below the level necessary to meet normal needs and that serious shortages exist in the area.
(D) Declaration of a Water Shortage Advisory. Whenever the Morehead Utility Plant Board finds that a potential shortage of raw water supplies is indicated, the General Manager shall be empowered to declare a Water Shortage Advisory. The General Manager shall provide the Mayor of the City of Morehead a copy of said Advisory. The General Manager or his/her designee shall, on a daily basis, monitor the supply and demands. As a part of the advisory, the Morehead Utility Plant Board is authorized to call upon all water customers to employ voluntary water conservation measures to limit nonessential (Class 3) water use and eliminate the waste of water for the duration of the shortage advisory until it is declared to have ended by resolution of the Morehead Utility Plant Board.
(E) Declaration of a Water Shortage Alert. Whenever the Morehead Utility Plant Board finds raw water supplies continue to decline consistently below seasonal averages and may not be adequate to meet normal needs of the citizens, the Morehead Utility Plant Board shall be empowered to declare by the passage of a resolution a Water Shortage Alert. The Morehead Utility Plant Board shall provide the Mayor of the City of Morehead a copy of said resolution upon passage. The General Manager or his/her designee shall, on a daily basis, monitor the supply and demands. The Morehead Utility Plant Board shall continue to encourage voluntary water conservation measures defined under the Advisory declaration, and further there shall be a ban on all non-essential (Class 3) water uses for the duration of the shortage alert until it is declared to have ended by resolution of the Morehead Utility Plant Board. Rowan Water and Bath Water shall be restricted to their contract limits or to such capacity as determined by the Morehead Utility Plant Board upon the declaration of a Water Shortage Alert.
(F) Declaration of Water Shortage Emergency. Whenever the Morehead Utility Plant Board finds that raw water supplies are below the level necessary to meet normal needs and that serious shortages exist, it shall be empowered to declare by the passage of a resolution a Water Shortage Emergency. The Morehead Utility Plant Board shall provide the Mayor of the City of Morehead a copy of said resolution upon passage. The General Manager or his/her designee shall, on a daily basis monitor the supply and demands. Essential uses (Class 1) shall be identified, in specific, as targets for voluntary conservation initiatives. Also, all Socially or Economically Important Uses (Class 2) shall be restricted and Non-Essential Uses (Class 3) shall be banned. These restrictions shall be considered ongoing until the shortage emergency is ended by resolution of the Morehead Utility Plant Board. Rowan Water and Bath Water shall be restricted to the contract limits upon Declaration of a Water Shortage Emergency.
(G) Notices. The Morehead Utility Plant Board shall publish notice of all advisories, alerts, or emergencies along with any and all water use restrictions in The Morehead News and other general news media (radio, television, etc.). Further, the Morehead Utility Plant Board shall publish in the same manner notice when the advisories, alerts or emergencies have ended.
(H) Water Rates. Upon the declaration of a Water Shortage Advisory, Water Shortage Alert, or Water Shortage Emergency, the City of Morehead may adopt shortage water rates designed to conserve water supplies. Such rates may provide for, but not be limited to higher charges per unit for increasing usage (increasing block rates), uniform charges for water usage per unit of use (Uniform unit rate), extra charges for use in excess of a specified level (excess demand surcharge); or discounts for conserving water beyond specified levels.
(I) Regulations. During a Water Shortage Advisory, Water Shortage Alert, or Water Shortage Emergency, the Morehead Utility Plant Board is empowered to promulgate such regulations as may be necessary to carry out the provisions of this ordinance. Such regulations shall be subject to the review of the Board of City Council at its next regular or special meeting.
(Ord. 35:99, passed 10-11-99) Penalty, see § 51.99