(A) Adoption.
(1) For the protection of the public health, welfare and safety of the Town, the Town Manager is authorized to determine when certain conditions exist in the Town requiring water conservation or rationing measures be imposed and to develop and enforce the conservation measures when the Town Manager determines that a water emergency exists in the Town. The conservation measures may include voluntary conservation measures, mandatory conservation measures, and water shortage emergency measures. The Town Manager may impose the water conservation measures on all Town water customers and other persons who use Town water for the period of time as the Manager determines constitutes a water emergency.
(2) For the purpose of this section, the following definitions shall apply unless the context indicates or requires a different meaning.
CUSTOMERS. All persons in whose name the Town maintains an account for water use, or who are responsible for payment of water passing through a particular meter. All customers are responsible for any use of water that passes through the meter for which they are responsible.
EMERGENCY. Any 1 or all of the following difficulties are being encountered: water supplies are below the level necessary to meet normal needs causing serious shortages; there is inadequate water treatment capability; water transmission capability is disrupted or inadequate; finished water storage problems exist to the level that normal needs cannot be met; or any other unforeseen circumstance which results in or may result in a severe water shortage.
MANAGER. The Town Manager for the Town of Southern Pines or his or her designee.
NONRESIDENTIAL USER. Every user except a residential user.
PERSON. Any individual, association, partnership, firm, company, limited liability company, corporation, trust, estate, governmental entity or any other legal entity, or its legal representatives, agents or assigns.
RESIDENTIAL USER. Any person who receives water service for a single or multifamily dwelling unit. The term RESIDENTIAL USER does not include educational or other institutions, hotels, motels, or similar commercial establishments.
WATER. All water available to the Town for treatment by virtue of the Town's water rights or withdrawal permits and any treated water introduced by the Town into its potable water distribution system, including water purchased or offered for sale.
(B) Water use classes. The following classes of users of Town water are hereby established:
(1) Class 1: Essential water uses.
(a) Class 1 domestic use. Use by residential users of the amount of water as is necessary to sustain human life and the lives of domestic pets, and to maintain reasonable minimum standards of hygiene and sanitation.
(b) Class 1 public use. Use of water from fire hydrants for firefighting and certain testing and drills by the Fire Department if performed in the interest of public safety and if approved by the Town Manager. This use also includes the flushing of sewers and hydrants as needed to ensure public health and safety if approved by the Director of Public Services.
(c) Class 1 nonresidential. Use by nonresidential users of the amount of water as is necessary to sustain human life and comfort in the workplace and to maintain reasonable minimum standards of hygiene and sanitation.
(2) Class 2: Socially or economically important uses of water.
(a) Class 2 domestic use. Use by residential users of water for uses other than those uses specified as Class 1 or Class 3 uses. Unless further restricted by the Manager, this use includes kitchen, bathroom, and laundry use; minimal watering of newly established lawns, trees, shrubs and plants when necessary to preserve them and watering of potted plants.
(b) Class 2 commercial/public use. Nonresidential use that is not a Class 1 or Class 3 use. This includes outdoor commercial watering (public or private) of newly established lawns, trees, shrubs, and plants using conservation measures and to the extent that sources of water other than potable water are not available to use; watering by commercial nurseries at the minimum level necessary to maintain stock; use of water at a minimum rate necessary to implement vegetation following earth moving where the re- vegetation is required by law or regulation; the filling and operation of swimming pools that serve more than 25 dwellings, free-standing commercial car and truck washes and Laundromats; use of water by restaurants, clubs and eating places for food service and customer comfort purposes, and start-up and maintenance of air conditioning units unless required for health reasons and approved by the Director of Public Services; use by schools, churches, motels/hotels and similar business and commercial establishments for the health and comfort of employees and those served; and the filling and testing of new water lines as part of the procedures required to accept those lines and integrate them into the Town’s potable water distribution system.
(3) Class 3: Nonessential uses of water.
(a) Class 3 residential/nonresidential use. Use by residential users and nonresidential users, for ornamental purposes, noncommercial watering and motor vehicle washing purposes, including gardens, lawns, parks, and other recreational areas; recreational purposes, including the filling and operation of swimming pools serving less than 25 dwellings; refilling cooling towers after draining, except as specified in Class 1; the serving of water in restaurants, clubs, or eating places, except by specific request; washing of pavement and buildings and other similar nonessential uses as may be specified by the Manager in a policy statement.
(b) Class 3 public use. Any use of water from fire hydrants, including testing fire apparatuses and for Fire Department drills, and the flushing of sewers and hydrants, except as listed in Class 1.
(C) Declaration of voluntary conservation measures. Whenever the Manager finds that a potential shortage of water supply is indicated, he or she is empowered to declare a state of voluntary conservation and to call upon all water customers to employ voluntary water conservation measures.
(D) Declaration of mandatory conservation measures. Whenever the Manager finds that there is the potential for a water emergency situation to occur or exist, the Manager may declare a state of mandatory conservation. Under a state of mandatory conservation, the Manager shall continue to encourage voluntary water conservation measures, and he or she shall impose a scheduled water use program or an outright ban on all Class 3 uses until the mandatory conservation period is declared to be over by the Manager.
(E) Declaration of water shortage emergency measures. Whenever the Manager finds that a water emergency situation exists, the Manager is empowered to declare that a water shortage emergency exists. During a water shortage emergency, Class 1 essential water uses shall be specifically identified as targets for voluntary conservation measures. Class 2 socially or economically important uses may be restricted or banned, and Class 3 nonessential uses shall be restricted or banned. These restrictions or bans shall continue until the water shortage emergency is declared ended by the Manager.
(F) Declaration of rationing. Whenever the Manager has declared a water shortage emergency and finds a need to provide for the equitable distribution of critically limited water supplies in order to balance demand and limited available supplies and to assure that sufficient water is available to preserve public health and safety, the Manager shall direct the Director of Public Services to prepare a mandatory rationing policy and plan for implementation during the emergency period.
(G) Shortage water rates.
(1) Upon a declaration of mandatory conservation or a declaration of water shortage emergency as with provided herein, or at other times as the Council deems necessary, the Council may adopt water shortage rates designed to encourage conservation of water. The rates may provide for, but shall not be limited to:
(a) Higher charges per unit for increasing usage (increasing block rates);
(b) Uniform charges for water usage per unit of use (uniform unit rate);
(c) Extra charges for use in excess of a specified level (excess demand surcharge); or
(d) Billing discounts for conserving water beyond specified levels.
(2) Further, due to situations brought on by drought or other special infrastructure needs associated with a water emergency, the Town Council may decide to adopt special rates that will reflect the additional costs associated with treatment and distribution of water.
(H) Town policy. The Manager is hereby authorized to prepare a Town policy to implement these water conservation measures to further define and give examples of the various classes of water use, to prepare a mandatory water rationing policy and plan, and to provide other conditions and provisions as may be necessary to successfully carry out the goals of this section.
(I) Application, violation, enforcement, penalties. This section applies to all persons using Town water, inside and outside the Town limits, regardless of whether they have a contract for water service with the Town. A customer of the Town shall be responsible for all violations that occur in connection with water that passes through the meter for which the customer is billed by the Town. Any person who uses water in violation of a restriction or ban imposed on the use of water during a mandatory conservation period, a period of water shortage emergency or in violation of a water rationing policy, or who otherwise violates the provisions of this section, or who impedes or interferes any action undertaken or ordered pursuant to this section and policies adopted hereunder, shall be subject to the penalties listed below.
(1) Enforcement by Town staff. Upon the declaration of mandatory conservation, water shortage emergency, or rationing, the Manager, every police officer of the Town and other Town employees designated by the Manager may enforce any restrictions or bans imposed on the use of water.
(2) Suspicion of violation. Whenever the Town has reasonable cause to believe that a person is violating any of the provisions of this section or any policy adopted hereunder, the Town shall immediately notify that person of the violation by affixing a written notice of the violation to the property where the violation occurred and personally delivering or mailing the notice to the customer of record and to any other person known to the Town who is responsible for the violation or its correction. The notice shall describe the violation, order that it be corrected, cured or abated immediately or within the specified time as the Manager determines is reasonable under the circumstances, and warn that more severe measures, such as civil penalties, criminal charges or termination of water service may be brought, assessed or imposed. If the order is not complied with within the time period, the Manager may undertake enforcement action.
(3) Enforcement action. Any person who, after being given notice of violation, does not comply with this section or policy adopted hereunder within the time period specified shall, at the option of the Town, be subject to any of the following: civil penalties, criminal penalties, termination of water service, injunctive relief, or any appropriate equitable remedy issuing from a court of competent jurisdiction.
(a) The Manager or his or her designee may make findings of fact and order whether service should continue, flow be restricted, or terminated.
(b) The standard reconnection charge shall be paid for the reconnection of any water service terminated pursuant to the current Town ordinances and procedures.
(4) Any person against whom civil enforcement action has been taken, including termination of water service, is entitled to appeal to the Town Manager as provided in § 10.99(D).
(J) A violation of this section is subject to the penalty provided in § 10.99(A).
(1989 Code, § 50.16) (Ord. 951, passed 6-24-2002; Am. Ord. 1586, passed 10-13-2015; Am. Ord. 1942, passed 7-13-2021; Am. Ord. 1953, passed 11-9-2021)