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The rules and regulations in relation to water shall be as follows:
Rule 1: All applications for the use of water must be made at the office of the water registrar on a printed form furnished for that purpose. Every such application for the introduction of water service to any premises must be signed by the owner of the premises and must be made on the regular form furnished by the governing body for that purpose.
Rule 2: Service will be furnished to any consumer who fully and truly sets forth all the purposes for which water may be required and who agrees to and conforms with all rules and regulations governing the service; provided the purposes set forth comply with all the governing body's rules, and that the system of mains and pipes extends to the point where service is desired and is adequate to supply the service applied for.
Rule 3: When such application has been granted, the governing body, at the applicant's expense, will tap the main and furnish corporation cock, clamp, when necessary, and any other material used or labor furnished in connection with the tapping of the main, said items included in the tapping fee.
Rule 4: All expense of laying and maintaining the service pipes from the mains to the consumer's premises must be borne by the consumer.
Rule 5: The service pipe must be laid below street grade and on the consumer's premises, at a standard depth designated by the governing body, to prevent freezing.
Rule 6: Within the property line, a stopcock, protected from frost, must, in all cases, be placed. The water registrar shall refuse to turn on the water until provisions of this rule are complied with.
Rule 7: A curb cock of approved pattern with a cast iron curb box must be installed by the consumer at a point designated by the governing body.
Rule 8: No persons supplied with water from the city mains will be entitled to use it for any purpose other than those stated in the application, or to supply in any way other persons or families.
Rule 9: Should the applicant desire an additional service or fixtures, or to apply the water for a purpose not stated in the original application, a new application must be made and a permit obtained from the water registrar.
When additional fixtures are added and not reported, the same shall be chargeable at double rate for such times such fixtures are in use, in addition to a fine of five dollars ($5.00).
Rule 10: At some convenient point inside of the building and so located that it cannot freeze, a stop and waste cock must be placed so that the water can be readily shut off from the building and the water pipes drained to prevent freezing.
Rule 11: Waste of water is prohibited, and consumers must keep their fixtures and service lines in good order at their own expense and all waterways closed when not in use. Leaky fixtures must be repaired at once without waiting for notice from the water superintendent, and if not repaired after reasonable notice is given, the water will be shut off by the governing body.
Rule 12: Should it be desired to discontinue the use of water for any special purpose, whether for closets, bathrooms, street sprinklers, irrigation, hose connections, or other fixtures, the faucet must be removed, the branch pipe of the service supply and the fixture plugged and notice given, in writing, at the office of the water registrar before any reduction rates will be made.
Rule 13: No plumber or other person will be allowed to make connection with any conduit, pipe or other fixture connecting therewith or to connect pipes when they have been disconnected, or to turn water off or on, on any premises without permission from the water superintendent.
Rule 14: If any person allows any faucet or pipe to run open, thus wasting water, a charge of two dollars ($2.00) shall be imposed for each offense which shall be taxed against the person supplied through such service, and the water shall be turned off from the premises. In no case shall the water be turned on again until the charge has been paid.
Rule 15: The city shall not be responsible for pipes and fixtures. All owners at their own expense must keep service pipes from city mains and all their apparatus in good working order and properly protected from frost or other dangers. No claim shall be made against the city on account of the breaking of any service pipes or apparatus, or for accidental failure in the supply of water. No reduction from the regular rates shall be made for any time that service pipes or fixtures may be frozen. (1975 Code § 13.04.060)
Rule 16: Service pipes shall be so arranged that the supply of each separate building, house, or premises may be controlled by a separate curb cock, placed within or near the line of the street curb, under rules established by the governing body or civil authorities. This curb cock and box must be kept in repair and easily accessible by the owner of the premises. In the event that said curb cock or box does not exist or becomes dysfunctional for any reason, the landowner shall install, repair or replace said nonexistent or dysfunctional curb cock or box, at his expense, within thirty (30) days from receiving notice from city hall of said nonexistent or dysfunctional curb cock or box. The time period for installation, repair or replacement of said nonexistent or dysfunctional curb cock or box may be extended by the city council depending on the circumstances that exist at the time which include, but are not limited to, weather conditions. In the event that the landowner does not install, repair or replace the nonexistent or dysfunctional curb cock or box within the prescribed period, after receiving written notice to do so, the city shall hire a licensed plumber to make the required installation, repair or replacement, and a tax lien shall be placed upon the property on which the installation, repair or replacement was performed. Said tax lien shall be recorded pursuant to Montana code and shall remain thereon until paid in full, including any accrued interest and penalty that may be added on. The city, at its discretion, may foreclose on said tax lien in accordance with applicable laws of the state of Montana. (Ord. 646, 5-21-1991)
Rule 17: Should the consumer desire to discontinue the use of water temporarily, or should the premises become vacant, the water superintendent, when notified to do so, in writing, will shut off the water at the curb, and allowance will be made on the bill for such time as the water is not in use.
Rule 18: Notice will be given, whenever practicable, prior to shutting off water. The consumers are warned that owing to unavoidable accidents or emergencies, their water supply may be shut off at any time.
All persons having boilers on their premises, depending on connected pressure with the water mains, are cautioned against collapse of their boilers. As soon as water is turned off, the hot water faucet should be opened and be left open until the water is again turned on. A check valve must always be placed between the boiler and the governing body's mains to prevent draining the boiler. The city will not be responsible for the safety of the boilers or the premises of any water consumer. Consumers are cautioned to never leave the premises with any faucets open and water turned off.
Rule 19: None but competent and licensed plumbers shall be allowed to do any work in connection with the city service where water may be drawn from the city mains, and all plumbers must make, in writing, an accurate return of the work done within twenty four (24) hours after completion, and before water will be turned on, he must describe the position of the service pipes, ferrules, stopcocks and other fixtures outside of buildings, by reference to street and lot corners, on blank forms to be furnished by the water registrar. All work and material shall meet regulations as set forth in the Montana state plumbing code chapter 10.
Rule 20: Plumbers failing to perform their work according to the established rules and regulations, or executing it unskillfully, or to the damage of the city water supply and distribution system, may be debarred from making connection with the city mains by a majority vote of the governing body.
Rule 21: The governing body's agents or other authorized persons shall have access at reasonable hours to any premises where water is used for the purpose of making inspection or investigation.
Rule 22: The water rates shall be charged against the property on which it is furnished and against the owner thereof, and if, for any cause, any sums owing therefor become delinquent, the water shall be shut off from the property and in no case turned on again until all such delinquencies have been paid in full. No change in ownership shall affect the application of this rule. (1975 Code § 13.04.060)
Rule 23: All accounts for water shall be kept in the name of the owner of the property and not in the name of any tenant, and the owner only, or his legally authorized agent, shall be held responsible for the bill. (1975 Code § 13.04.060; amd. 2008 Code)
Rule 24: For violation of any of these rules or for nonpayment of water rent, for either domestic, sprinkling or other purposes, the governing body has the right to turn off the water without further notice. After it has been turned off from any service pipe on account of nonpayment or violation of rules, the same shall not be turned on again until back rents are paid, together with the actual cost incurred thereby, not to exceed ten dollars ($10.00). If any water account is voluntarily turned off, and then turned on again, a fee shall be charged in the amount of ten dollars ($10.00). In the event the city installs and/or turns on a fire hydrant meter, a fee shall be charged in the amount of fifty dollars ($50.00). (Ord. 700, 8-15-1994)
Rule 25: Should the occupant of the premises turn on the water, or cause it to be turned on after it has been shut off at the curb cock, it will be turned off at the main and a charge will be made for the expense of turning it off and on, said charge to be relative to the actual cost to the city for turning off said water.
Rule 26: The city reserves the right in case of shortage of water, or for any other cause, to make any other order forbidding or suspending the use of water for irrigation or sprinkling, and the city may, in its discretion, at any time make such orders by giving notice to the official newspaper. Any person violating such order shall be subject to a charge against the person and premises supplied, and the water shall be turned off therefor. In no case shall the water be turned on until such charge has been paid.
Rule 27: No person shall use any water for irrigation or sprinkling during the process of any fire in the city, and all irrigation and sprinkling shall be immediately stopped when an alarm of fire is sounded in any part of the city and shall not be begun again until the fire has been extinguished. For any violation of this rule, a penalty of five dollars ($5.00) for each offense shall be imposed and taxed against the premises and the person supplied, and the water shall be turned off therefor. In no case shall the water be turned onto the same premises until such penalty has been paid.
Rule 28: Any temporary failure on the part of the governing body to supply service by reason of accident or otherwise shall not render the governing body liable beyond a pro rata abatement of service charges during such interruption. (1975 Code § 13.04.060)
Rule 29: The inside diameter of hose used for sprinkling purposes must not be more than three-fourths inch (3/4") and the inside diameter of the orifice to the nozzle of the same must not be more than one-fourth inch (1/4"). The use of a hose without a nozzle is prohibited. Any person violating this rule shall be subject to a fine, and the water shall be shut off and in no case turned on until the fine has been paid. (1975 Code § 13.04.060; amd. 2008 Code)
Rule 30: The following acts are prohibited:
A. Use For Purpose Not In Permit: To use the city water or permit it to be used for any other purpose than that for which the party pays water rates;
B. Leaky Pipes Or Fixtures: To permit water pipes or fixtures to remain in a leaky condition;
C. Allowing Fixtures To Run: To allow water fixtures to be run when not in use for the purpose intended;
D. Fire Hydrants: To open, close, turn on or interfere with, or to attach to or connect with any fire hydrant, stop valve or stopcock belonging to the governing body;
E. Disturb Or Damage Property Of Department: To disturb or damage any pipe, machinery, tools or other property of the water department;
F. Throw Matter In Reservoirs: To throw any deleterious matter into any of the reservoirs;
G. Deface Or Injure Department Improvements: To deface or injure any buildings or other improvements of the water department;
H. Place Foreign Things On Grounds Of Department: To place any foreign thing upon the grounds of the water department or such portion of the grounds and streets as may be under its control;
I. Disturb Or Injure Vegetation Of Department: To disturb or injure any lawn, grass, plot, flowers, vines, bushes or trees belonging to the water department.
Rule 31: Meter rates will apply to all water services provided by the city, except where impractical or impossible.
Rule 32: All meters shall be and remain the property of the city, and may be removed whenever the water superintendent may so elect, subject to the approval of the governing body. In the event of a meter getting out of order and failing to register, the consumer shall be charged at the average daily consumption as shown by the meter during the last three (3) months that the same was in good order.
Rule 33: A stop and waste valve must be installed on intake sides of meters.
Rule 34: In all cases where a meter is installed, the consumer must furnish proper protection from frost or other damage. The meter must be located where it is easily accessible for reading purposes and repairs. The consumer will be charged for cost of repair and labor for replacing any meter that has been frozen or damaged. Where necessary for protection, a standard form of meter box shall be placed by the governing body. The actual cost of the same shall be paid by the consumer. After such receptacle is placed, the governing body will furnish and connect the meter, and maintain the same in good condition. (1975 Code § 13.04.060)
Rule 35: The city reserves the right to set meters and charge the cost of installation to the consumer and charge meter rates whenever there is any doubt as to the quantity of the water used or wasted; parties accepting meter rates in preference to established rates will pay the cost of installing the same. (1975 Code § 13.04.060; amd. 2008 Code)
Rule 36: When a meter is installed at the request of a consumer, its installation is to be permanent unless the consumer elects to have the same removed and pays all expenses incident to the installation and removal of the same, or discontinues service entirely. Service on a meter for a shorter period than six (6) months shall be considered temporary and in such cases the consumer will be required to reimburse the governing body for the actual cost of the labor and connection with the installation and removal of the meter. (1975 Code § 13.04.060)
Rule 37: When meters are is use for determining the amount of water used by consumers, the water bill shall be payable on or before the fifth day of every month, and if not paid by the end of said month, said consumer shall be subject to the penalties provided in previous sections of this chapter. It is further provided that if said water bill is not paid by the end of said month, then said water bill becomes delinquent, and in order for said water user to retain use of municipal water, said water user must pay the total water bill, which includes all delinquent charges as well as the current water bill. (Ord. 634, 2-21-1989)
Rule 38: One meter only will be supplied for a single service, and in case a consumer desires one or more secondary meters for various tenants in a single building, the consumer will be required to pay two dollars ($2.00) a month, for the installation and maintenance, including the monthly reading of such secondary meters. The governing body will not make collections for any secondary meters, and all water rents of any single building must be paid by one consumer when supplied by meter measurement from one service. The governing body, however, will enclose the reading of secondary meters with the bill for the whole building.
Rule 39: The governing body may replace any meter at such time as it may see fit and shall be the judge of the size and make of any meter installed. In the case of a dispute as to the accuracy of a meter, the consumer, upon depositing the estimated cost of making a test, may demand that the meter be removed and tested as to accuracy in his presence. In case the meter is found to be registering correctly or in favor of the consumer, the cost of such testing and replacing of the meter shall be borne by the consumer.
In case the meter is found to be recording incorrectly and against the consumer, the amount deposited by the consumer will be refunded and a reasonable adjustment made for overcharges for a period not exceeding sixty (60) days previous to the demand of the consumer for a test to be made.
Rule 40: Water consumers are not permitted to interfere in any way with the meter after it is set in place. In case the meter seal is broken or the working parts of the meter have been tampered with or the meter damaged, the governing body may render a bill for the current month, based on an average of the last three (3) months, together with a full cost of such damage as has been done to the meter, and may refuse to furnish water until the account is paid in full.
Rule 41: In no case will the governing body furnish water from one meter to two (2) or more houses, whether the same are owned by one person or not.
Rule 42: No person other than an authorized employee of the water department shall make any tap or connection with any main or distributing pipe of the city.
Rule 43: All water service lines installed for consumers of the city water system must be placed at a minimum depth of six feet (6') from the surface of the ground.
Rule 44: The right is reserved by the city to alter, amend or add to these rules and regulations from time to time as, in the judgment of the city, it shall be expedient.
Rule 45: It shall be the duty of the law enforcement agency, city officers, and employees to give vigilant aid to the water department in the enforcement of its rules and regulations; and, to this end, they shall report all violations therefor which come to their knowledge to the water registrar or the water superintendent. (1975 Code § 13.04.060)