1042.32 WATER EMERGENCY; REGULATIONS AND ENFORCEMENT.
   (a)   Authority to Declare Emergency. The City Manager is hereby authorized to declare that a state of water availability emergency exists when, from time to time, the City Manager reasonably determines that there is a shortage of water in or available to the City’s water service system such that certain restrictions on the use of water from such system during such time are reasonably necessary to protect the public health, safety and welfare of the inhabitants of the City and water system service consumers.
   (b)   Regulations. The City Manager is hereby authorized to prescribe such regulations, limitations and prohibitions of water use from the City’s water service system during a state of water availability emergency as the City Manager determines is reasonable and necessary to protect the public health, safety and welfare of the inhabitants of the City and the water system users. Such regulations, limitations and prohibitions may be changed and modified by the City Manager from time to time during such state of water availability emergency as the City Manager may determine to be necessary and prudent. Such regulations, limitations and prohibitions may include but shall not be limited to a total and complete emergency water ban allowing use for health needs only. The City Manager, in the exercise of his/her reasonable discretion, may provide special consideration, including exemption for the following business-related uses and purposes: commercial car wash, sod farms, commercial lawn and garden centers. Regulations, limitations and prohibitions of water use as promulgated by the City Manager, from time to time, shall promptly be posted in a place visible to the public in or near the entry lobby to the Municipal Building at 320 West Central Avenue, Springboro, Ohio 45066.
   (c)   Violation of Regulations Prohibited. During the period of a water availability emergency declared by the City Manager, no person, corporation, partnership, association or other legal entity shall use water supplied from the City’s water service system for any purpose in violation of or contrary to regulations, limitations or prohibitions of water use as are promulgated by the City Manager pursuant to subsection (a) hereof.
   (d)   Enforcement by City. Each person, corporation, partnership, association or legal entity found to be in violation shall be assessed the following charges and/or penalties:
      (1)   First violation - written warning.
      (2)   Second violation - water rate of two hundred percent (200%) of base rate for all water used during the bi-monthly cycle that the violation occurs.
      (3)   Third violation - two hundred dollars ($200.00) penalty per equivalent residential unit.
      (4)   Fourth violation - court action and/or discontinuance of water service.
   A separate offense shall be deemed committed each day during or on which a violation for noncompliance occurs or continues.
   (e)   Enforcement Personnel. Employees of the Water Department, Police Department and other City employees as assigned shall have authority to issue citations and otherwise enforce this section. (Ord. 94-31. Passed 7-21-94.)