(A) Whenever an emergency exists by reason of a shortage of water due to inadequate supply, limited treatment or distribution capacity, or failure of equipment or material, the Mayor is hereby authorized to restrict or prohibit the use of water from the municipal water system.
(B) An emergency exists whenever the City Manager or the Mayor reasonably determines that the municipal water system is unable, or will within 60 days become unable, to supply the full commercial and domestic needs of the users thereof, including adequate fire protection.
(C) Upon the determination that an emergency exists, the Mayor shall issue a proclamation declaring the emergency and setting out with particularity, an order restricting use of water from the municipal system. The order may restrict water usage during certain periods of the day or week, or according to an orderly and non-discriminatory scheme, and prohibit usages not essential to public health and safety. The order may be revised from time to time as the Mayor deems necessary.
(D) (1) The proclamation required by division (C) above shall be published in a newspaper of general circulation in the city or, if there is no newspaper in which the proclamation may be published within 24 hours after the emergency arises, publication shall be by posting a copy of the proclamation in ten prominent places in the city. The emergency shall be in full force and effect upon publication.
(2) Substantial compliance with this section is sufficient to effect the emergency.
(E) Whenever a sudden or unexpected event so reduces the availability of water or water pressure as to create an immediate threat to public health or safety, notice of the proclamation may be given by any reasonable means, including electronic means. The emergency shall be in full force and effect upon the notice. If any means is other than that required in division (D) above, the proclamation shall be republished in accordance with division (D) above within 24 hours of the first notice.
(F) A duly-proclaimed emergency shall continue and the terms of the proclamation shall be in force for 30 days or until the time as the Mayor or the City Council shall cause to be published a proclamation that the emergency has ended, whichever is shorter, unless the City Council, by resolution approved by a majority of all its members, extends the proclamation.
(G) (1) Any person feeling aggrieved by a proclamation of the Mayor shall have the right to present the matter to the next regular or special meeting of the City Council, or to an emergency meeting called to discuss the water emergency. The City Council may exempt the aggrieved person, wholly or in part, from compliance with the proclamation order upon a showing that compliance creates an immediate threat to the person’s health or safety. The ruling of the City Council, by a majority vote of all its members, shall be final and binding as to the continuance of any terms of the proclamation.
(2) Until and unless the action of the Mayor is modified or revoked by action of the City Council, all water users shall be bound by the proclamation.
(H) Any person who, in any manner, directly or indirectly violates or permits others under his or her supervision, custody or control, to violate any term of a duly published proclamation, shall be guilty of an offense. Each separate day of water use in violation of the proclamation shall constitute a separate offense, and each separate prohibited use on the same day shall constitute a separate offense.
(2002 Code, § 52.15) Penalty, see § 10.99