The severity of the water shortage shall be determined primarily in light of the criteria set out in § 51.04(A). The restrictive measures in effect at each stage are as follows:
(A) Stage I, water conservation alert. In the event water levels of the town’s water production system do not conform to seasonal expectations, as set out in § 51.04(A), the Public Works Manager shall notify the Town Manager in writing. Upon such notification, the Town Manager shall declare a Stage I, water conservation alert. After complying with those notice provisions contained in § 51.03(A), the following voluntary water restrictions shall be requested. Voluntary, commercial, manufacturing, institutional, and residential conservation measures will be strongly encouraged and recommend including the following.
(1) Inspect and repair all faulty and defective parts of faucets and toilets.
(2) Use showers for bathing rather than the bathtub, and limit shower use to no more than five minutes.
(3) Do not leave faucets running while shaving, rinsing dishes, or brushing teeth.
(4) Limit use of clothes washers and dishwashers and, when used, operate fully loaded.
(5) Limit lawn watering to that necessary for plant survival.
(6) Water shrubbery the minimum required, reusing household water when possible.
(7) Limit vehicle washing.
(8) Do not wash down outside areas such as sidewalks, patios, driveways, and the like.
(9) Install water-flow restrictions in shower heads and other water-saving devices.
(10) Use disposable and biodegradable dishes where possible.
(11) Install water-saving devices in toilets such as early closing flapper valves.
(12) Limit hours of water-cooled air conditioners.
(13) Do not fill swimming or wading pools.
(14) Water supply line pressure should be reduced where feasible to reduce water consumption if it will not affect the operation of fixtures, equipment, public safety, or health devices.
(15) Conservation in public buildings, institutions, dormitories, and similar facilities is encouraged by reducing pressure at plumbing fixtures and by installation of restricting devices.
(16) Water conservation should be followed during all phases of construction-related activities. Where appropriate, water needed should be obtained from supplemental sources.
(B) Stage II, water shortage warning.
(1) In the event the previous voluntary restrictions are not sufficient to alleviate reductions in water supply reserves, the Town Manager shall declare a Stage II, water shortage warning, to exist. After complying with those notice provisions contained in § 51.03(A), the following mandatory water restrictions shall be imposed. It shall be unlawful for those served by the town’s public water system:
(a) To water lawns, grass, shrubbery, trees, ornamental plants, flowers, and vegetable gardens except by handheld containers (such as a bucket, jug, and the like). The use of water hoses to transfer water more than three feet to the container is prohibited; provided, however, a person regularly engaged in the sale of plants shall be permitted to use water by any method at any time for irrigation of his or her commercial stock in trade;
(b) To seed lawns;
(c) To operate water-cooled air conditioners or other equipment that does not recycle cooling water except when health and safety are adversely affected;
(d) To wash automobiles, trucks, trailers, boats, airplanes, or any other type of mobile equipment; except, parts of vehicles may be washed where required by federal, state, or local laws or for safety reasons. Provided, however, any commercial- or business-operated carwash facility shall be permitted to use water for such purposes. Further, a person regularly engaged in the sale and/or renting of vehicles shall be permitted to use water for the cleaning of his or her commercial stock. However, the owner/operator shall ensure that water wastage does not occur;
(e) To wash down outside areas such as streets, driveways, service station aprons, parking lots, office buildings, exteriors of existing or newly constructed homes or apartments, sidewalks, or patios or to use water for similar purposes; provided, however, hand-washing of exterior surfaces of a building for the purpose of preparing them for painting shall be permitted. Provided further, licensed commercial pressure washers shall be permitted to operate. However, the facility owner/operator shall ensure that water wastage does not occur;
(f) To operate or introduce water into any ornamental fountain, pool, or pond or other structure making similar use of water;
(g) To serve drinking water in restaurants, cafeterias, or other food establishments except as requested;
(h) To use water from any public or private fire hydrants for any purpose other than fire suppression or other public emergency. Water use for normal maintenance of water and/or sewer lines is permitted;
(i) To use water for dust control or compaction. Provided further, licensed contractors engaged in construction activities shall be permitted to operate normal dust-control and compaction activities. However, the facility owner/operator shall ensure that water wastage does not occur;
(j) To use water for any unnecessary purpose or intentionally waste water. Commercial, industrial, and construction operations shall eliminate all possible waste of water; and
(k) To fill newly constructed or drained pools.
(2) The owner or occupant of any land or building who receives water from the town and/or uses water from a well or other supply shall post a sign thereon, in a conspicuous place, furnished at no cost by the town giving notice of the use of well or other sources of supply. The owner of such well may be requested by town personnel to demonstrate the source of such well is not in any way connected to or uses water originating from the town’s public water system.
(C) Stage III, water shortage crisis.
(1) In the event the previous voluntary and mandatory restrictions are not sufficient to eliminate reductions in water supply reserves, the Town Manager shall declare a Stage III, water shortage crisis, to exist. After complying with those notice provisions contained in § 51.03(A), the following mandatory water restrictions, in addition to those imposed in Stage II, shall be imposed. It shall be unlawful for those served by the town’s public water system:
(a) To seed lawns and/or plant new ornamental plants;
(b) To wash automobiles, trucks, trailers, boats, airplanes, or any other type of mobile equipment; except, parts of vehicles may be washed where required by federal, state, or local laws or for safety reasons. Provided, however, any commercial- or business-operated carwash facility shall be permitted to use water for such purposes. Further, a person regularly engaged in the sale and/or renting of vehicles shall be permitted to use water for the cleaning of his or her commercial stock. However, the owner/operator shall ensure water wastage does not occur;
(c) To wash down outside areas such as streets, driveways, service station aprons, parking lots, office buildings, exteriors of existing or newly constructed homes or apartments, sidewalks, or patios or to use water for similar purposes; provided, however, hand-washing of exterior surfaces of a building for the purpose of preparing them for painting shall be permitted. Provided further, licensed commercial pressure washers shall be permitted to operate. However, the facility owner/operator shall ensure that water wastage does not occur;
(d) To operate or introduce water into any ornamental fountain, pool, or pond or other structure making similar use of water;
(e) To serve drinking water in restaurants, cafeterias, or other food establishments except as requested;
(f) To use water from any public or private fire hydrants for any purpose other than fire suppression or other public emergency. Water use for normal maintenance of water and/or sewer lines is permitted;
(g) To use water for dust control or compaction. Provided further, licensed contractors engaged in construction activities shall be permitted to operate normal dust-control and compaction activities. However, the facility owner/operator shall ensure that water wastage does not occur;
(h) To use water for any unnecessary purpose or intentionally waste water. Commercial, industrial, and construction operations shall eliminate all possible waste of water;
(i) To exceed the following water usage mandate: commercial, industrial, and nonresidential water customers and construction activities utilizing 5,000 or more gallons of water per day shall achieve mandatory reductions in daily water usage of 25%, 50%, or 75% through whatever means is available. The target reduction percentage shall be determined by the Public Works Manager who will inform the Town Manager in writing and shall ensure that such target reduction is announced publicly as part of the emergency declaration. The percent reduction shall be based on average usage during the corresponding billing period of the most recent 12-month period, ending June 30, in which no stage of this section was in effect. If no meter readings are recorded or otherwise available for a customer’s billing period, the Finance/Billing Department will establish an average of similar users for the customer.
1. It is the primary responsibility of each nonresidential customer to meet its mandated water use reduction in whatever manner possible including limitation of operating hours or days if necessary.
2. Each customer shall provide access to town personnel for the purposes of meter reading and monitoring of compliance with this division (C)(1)(l).
3. If the managed reduction in water usage cannot be obtained without threatening health or safety or if there has been a significant change in the customer’s circumstances, the customer may apply to the Town Manager or his or her designee for a variance to the mandate. Any appeal of this administrative decision shall be to the Town Council, as provided by law.
4. Any customer who exceeds the allotments established pursuant to this rationing will be subject to the following excess-use water rates.
a. Excess-use water rates will be collected based on the amount by which a customer’s use exceeds the water allotments established pursuant to the local water-rationing declaration, computed on the basis that all water used in excess of the allotment shall be at five times the normal rate.
b. Any monies collected through excess-use water rates shall be placed in a reserve account that is dedicated to addressing water shortage problems and water conservation initiatives.
c. Failure of the customer to remit the periodic amount billed within the allotted time may result in termination of water service to the customer pursuant to the water and sewer regulations.
(j) To make any water service connections except as herein provided. Connections to the town water system shall be allowed, but not required, in the following cases if all other requirements of law pertaining to such connections have been met:
1. Lots upon which construction has been authorized pursuant to a valid building permit issued prior to the effective date of the Stage III, water shortage crisis; provided, this exemption shall apply for only so long as such building permit remains in effect; and
2. Public and other schools satisfying the compulsory education requirements of the laws of the state; public facilities for the Sheriff, police, jails, fire protection, hospitals, and emergency medical services; and facilities of public service companies regulated as public utilities under the laws of the state.
(2) The owner or occupant of any land or building who receives water from the town and/or uses water from a well or other supply shall post a sign thereon in a conspicuous place, furnished at no cost by the town, giving notice of the use of well or other sources of supply. The owner of such well may be requested by town personnel to demonstrate the source of such well is not in any way connected to or uses water originating from the town’s public water system.
(D) Stage IV, water shortage emergency. In the event previous voluntary and mandatory restrictions are not sufficient to eliminate reductions in water supply reserves, the Town Manager shall declare a Stage IV, water shortage emergency, to exist. After complying with those notice provisions contained in § 51.03(A), the following mandatory water restrictions shall be imposed.
(1) All use of water for purposes other than maintenance of public health and safety is prohibited.
(2) Usage by individuals shall be limited to those amounts necessary to sustain life through drinking, food preparation, and personal hygiene.
(3) Where the town system is not functional, National Guard and emergency service vehicles shall be utilized to distribute water for household use at prearranged locations within the affected area.
(Prior Code, § 28-471) (Ord. 9-00, passed 7-6-2000; Ord. 19-10, passed 7-8-2010) Penalty, see § 51.99