8-2-14: SERVICE NOT GUARANTEED:

The City does not guarantee the delivery of water through any of its mains and connecting services at any time, except only when its mains, pumping machinery and power service connections are in good working order, and the supply of water is sufficient for the usual demand of its consumers. (Ord. 936, 1-7-1991)

8-2-15: PENALTY:

Any person violating any provision of this chapter shall be subject to penalty as provided in section 1-4-1 of this Code. (1998 Code)

ARTICLE A. WATER SUPPLY WATCH, WARNING OR EMERGENCY

SECTION:

8-2A-1: Purpose

8-2A-2: Definitions

8-2A-3: Classes Of Water Uses

8-2A-4: Water Conservation Program

8-2A-5: Voluntary Conservation Measures

8-2A-6: Mandatory Conservation Measures

8-2A-7: Emergency Water Rates

8-2A-8: Regulations

8-2A-9: Violations, Disconnections And Penalties

8-2A-10: Emergency Termination

8-2A-1: PURPOSE:

The purpose of this article is to provide for a progressive water supply conservation program, including the declaration of a water supply watch, warning or emergency and the implementation of voluntary and mandatory water conservation measures throughout the city in the event such a watch, warning or emergency is declared by the governing body of the city. (Ord. 1155, 7-21-2014)

8-2A-2: DEFINITIONS:

As used in this article, the following words and terms shall have the meanings ascribed to them in this section:

CUSTOMER: The customer of record 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 coin sales, a cash charge is made at the site of delivery.

   WASTE OF WATER: Includes, but is not limited to:

   A.   Permitting water to escape down a street, roadway or other surface intended for vehicle driving purposes, and/or any gutter, ditch, or other surface drain; or

   B.   Failure to repair a controllable leak of water due to defective plumbing.

   WATER: Water available to the city of Scott City for treatment by virtue of the city's water rights, water supply, water supply contracts or any treated water introduced by the city into its water distribution system, including water offered for sale at any coin operated site. (Ord. 1155, 7-21-2014)

8-2A-3: CLASSES OF WATER USES:

The following classes of uses of water are established for the purposes of this article:

   A.   Class 1: Water used for outdoor watering; either public or private, for gardens, lawns, trees, shrubs, plants, parks, golf courses, playing fields, swimming pools or other recreational areas; or the washing of motor vehicles, boats, trailers, or the exterior of any building or structure.

   B.   Class 2: Water used for any commercial, agricultural or industrial purposes, except water actually necessary to maintain the health and personal hygiene of bona fide employees of such businesses or interests while such employees are engaged in the performance of their duties at their place of employment.

   C.   Class 3: Domestic usage, other than that which would be included in either class 1 or 2.

   D.   Class 4: Water necessary only to sustain human life and the lives of domestic livestock pets and maintain standards of hygiene and sanitation. (Ord. 1155, 7-21-2014)

8-2A-4: WATER CONSERVATION PROGRAM:

In the event that the governing body of the city or the city's designated official determines that the city's water supply may be subject to a shortage in supply or the governing body of the city determines there is need for conservation of the city's water resources for any reason, the city may begin the progressive three (3) stage water conservation program by declaring a water watch as described in subsection A of this section or, in times of need and/or duress, the governing body of the city may choose to declare any section of the program described in this section in effect at any time:

   A.   Stage 1: Declaration Of Water Watch: Whenever the governing body of the city finds that conditions indicate that the probability of a drought or some other condition causing a major water supply shortage is rising, it shall be empowered to declare, by resolution, that a water watch exists and that it shall take steps to inform the public and ask for voluntary reductions in water use. Such a watch shall be deemed to continue until it is declared by resolution of the governing body to have ended. The resolutions declaring the existence and end of a water watch shall be effective upon their publication in the official city newspaper.

   B.   Stage 2: Declaration Of Water Warning: Whenever the governing body of the city finds that drought conditions or some other condition causing a major water supply shortage is present and supplies are starting to decline, it shall be empowered to declare by resolution that a water warning exists and that it will recommend restrictions on nonessential uses during the period of warning. Such a warning shall be deemed to continue until it is declared by resolution of the governing body to have ended. The resolutions declaring the beginning and ending of the water warning shall be effective upon their publication in the official city newspaper. Pursuant to the approval of the chief engineer, division of water resources, Kansas department of agriculture, the recommended restrictions on nonessential uses may be extended to private wells within the city limits.

   C.   Stage 3: Declaration Of Water Emergency: Whenever the governing body of the city finds that an emergency exists by reason of a shortage of water supply needed for essential uses, it shall be empowered to declare by resolution that a water supply emergency exists and that it will impose mandatory restrictions on water use during the period of the emergency. Such an emergency shall be deemed to continue until it is declared by resolution of the governing body to have ended. The resolutions declaring the existence and end of a water supply emergency shall be effective upon their publication in the official city newspaper. Pursuant to the approval of the chief engineer, division of water resources, Kansas department of agriculture, the mandatory restrictions on water use may be extended to private wells within the city limits. (Ord. 1155, 7-21-2014)

8-2A-5: VOLUNTARY CONSERVATION MEASURES:

Upon the declaration of a water watch or water warning as provided in subsection 8-2A-4A or B of this article, the mayor (or public works superintendent) is authorized to call on all water consumers to employ voluntary water conservation measures to limit or eliminate nonessential water uses including, but not limited to, limitations on the following uses:

   A.   Class 1 uses of water.

   B.   Waste of water. (Ord. 1155, 7-21-2014)

8-2A-6: MANDATORY CONSERVATION MEASURES:

Upon the declaration of a water supply emergency as provided in subsection 8-2A-4C of this article, the mayor (or the public works superintendent or authorized city official) is also authorized to implement certain mandatory water conservation measures, including, but not limited to, the following conservation measures:

   A.   Suspension of new connections to the city's water distribution system, except connections of fire hydrants and those made pursuant to agreements entered into by the city prior to the effective date of the declaration of the emergency;

   B.   Restrictions on the uses of water in one or more classes of water use as described in section 8-2A-3 of this article, wholly or in part;

   C.   Restrictions on the sales of water at coin operated facilities or sites;

   D.   The imposition of water rationing based on any reasonable formula including, but not limited to, the percentage of normal use and per capita or per consumer restrictions;

   E.   Complete or partial bans on the waste of water; and

   F.   Any combination of the measures in subsections A through E of this section as the governing body of the city or authorized city official may deem appropriate and/or necessary. (Ord. 1155, 7-21-2014)