§ 53.16 WATER CONSERVATION.
   (A)   The purpose of this section is to establish procedures for the equitable distribution and rationing for water supplied by the city Waterworks system.
   (B)   The water rationing provisions of this section shall become effective upon a declaration by the city which shall occur upon the water level in the Maysville Road tank being reduced to a level of 20 feet or the water level in the White Plains tank being reduced to a level of ten feet.
   (C)   Upon the occurrence of the initiating provision of division (B) above, the city shall issue a water rationing declaration to all local print and electronic media to notify customers of the imposition of rationing.
   (D)   Residential customers of the city’s water system shall be allotted a base entitlement of 80% of the customer’s average monthly usage for the last six months, except customers using the 2,000 gallons minimum or less.
   (E)   Nonresidential customers (commercial, industrial, institutional, public, and all other users except hospitals and health care facilities) shall be allotted a base entitlement of 80% of the water usage for the last month of unrationed use.
   (F)   During the effective periods of this section, no lawns, gardens, crops, trees, or shrubs shall be watered except at nurseries or businesses engaged in the production and sale of such items.
   (G)   No motor vehicles, machinery, or equipment shall be washed except at places of business engaged in the washing of such items.
   (H)   No swimming pools shall be filled.
   (I)   In the event that the mandated reduction in water usage required by this section cannot be obtained without imposing a threat to health and safety or a permanent damage to property or economic loss substantially more severe than the sacrifices borne by other water users, ay customer may apply to the city for a variance.
   (J)   Any customer who exceeds the rationed, allotted base entitlement established by this section shall be subject to an excess use charge of $25 per 1,000 gallons for each 1,000 gallons or portion thereof per month.
   (K)   For the first excess use, a warning of possible disconnect shall be issued to the customer. For a second or subsequent excess use, service to the customer may be shut off and disconnected for a period of 48 hours and a reconnect service fee of $50 shall be imposed.
   (L)   The rationing provisions contained pursuant to this section shall cease and terminate upon the water level in the Maysville Road tank reaching a sustained level of 35 feet for a 48-hour period.
   (M)   Any customer who has been subjected to the excess use charges or disconnect provisions of this section may request a hearing before the Mayor, City Superintendent, City Attorney, and Chief Operator of the Water Treatment Plant.
(Ord. 658-97, passed 7-29-1997) Penalty, see § 53.99