ARTICLE VI. EMERGENCY WATER CONSERVATION RESPONSE*

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*   Editors Note: By Ordinance 8564, the mayor and council called a special election for November 7, 1995, at which public initiative petition 1994-1001 would be submitted to the city's qualified electors. By Ordinance 8574, the mayor and council approved the ballot label for that special election, which included the full text of the proposed Code amendment presented in the initiative petition. The proposed initiative was approved by the electorate and is now part of the Tucson Code.

The initiative as passed was denominated article VI of chapter 27 of the Tucson Code, containing sections 27-90 through 27-93. However, chapter 27 of the Tucson Code already contained an article VI (entitled "Emergency Water Conservation Response") consisting of sections 27-90--27-99. The existing article VI was enacted subsequent to the filing of the blank version of public initiative petition 1994-1001 but prior to its approval by the voters.

The city has determined that the initiative measure should be denominated as article VII of chapter 27, rather than article VI, and that its various sections should be numbered as sections 27-100 through 27-103, rather than as sections 27-90 through 27-93.

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Sec. 27-90. Purpose.

This article establishes a city emergency water conservation response plan.

(Ord. No. 8461, § 1, 3-20-95)

Sec. 27-91. Declaration of policy.

It is hereby declared that, because of varying conditions related to water resource supply and distribution system capabilities, it is necessary to establish and to enforce methods and procedures to ensure that, in time of emergency shortage of the local water supply, the water resources available to the city are put to the maximum beneficial use, that the unreasonable use, or unreasonable method of use is prevented, and that conservation of water is accomplished in the interests of the customers of the city water department and for the public health, safety, and welfare.

(Ord. No. 8461, § 1, 3-20-95)

Sec. 27-92. Application.

   (a)   This article applies to all departments of the city, and to all city water customers who own, occupy, or control water use on any premises as defined in section 27-10.

   (b)   No person shall make, cause, use, or permit the use of water received from the city water department for residential, commercial, industrial, governmental or any other purpose in any manner contrary to any provision in this article.

   (c)   Mandatory emergency conservation measures shall be implemented based upon the declaration of an emergency pursuant to section 27-93.

(Ord. No. 8461, § 1, 3-20-95)

Sec. 27-93. Declaration of water emergency authorized.

The mayor and council or, in the absence of a quorum, the mayor or the mayor's designate, upon the recommendation of the director of the city water department is hereby authorized to declare a water emergency and to implement mandatory conservation measures as set forth in this article.

(Ord. No. 8461, § 1, 3-20-95)

Sec. 27-94. Implementation, termination.

   (a)   The director of the water department shall develop guidelines which set forth general criteria to assist the mayor and council, or in the absence of a quorum, the mayor or the mayor's designate in determining when to declare a water emergency. Upon declaration of a water emergency, the city manager shall report in writing to the mayor and council providing the reasons for and expected duration of such emergency and describing implementation of emergency water conservation measures.

   (b)   Upon the cessation of the condition or conditions giving rise to the water emergency, or upon majority vote of the mayor and council, or in the absence of a quorum, the mayor or the mayor's designate shall declare the water emergency terminated. Upon such termination, the mandatory conservation measures shall no longer be in effect.

(Ord. No. 8461, § 1, 3-20-95)

Sec. 27-95. Mandatory emergency water conservation measures.

Upon declaration of a water emergency and notification to the public, the following mandatory restrictions upon nonessential uses shall be enforced:

   (1)   All outdoor irrigation, except for those areas irrigated with reclaimed water, is prohibited. If the city manager deems it appropriate, a schedule designating certain outdoor watering days may be implemented in place of the irrigation ban.

   (2)   Washing of sidewalks, driveways, parking areas, tennis courts, patios or other paved areas with water from any pressurized source, including garden hoses, except to alleviate immediate health or safety hazards, is prohibited.

   (3)   The outdoor use of any water-based play apparatus connected to a pressurized source is prohibited.

   (4)   Operation of water cooled space and equipment cooling systems below an operating efficiency level of two cycles of concentration is prohibited.

   (5)   Restaurants and other food service establishments are prohibited from serving water to their customers, unless water is specifically requested by the customer.

   (6)   Operation of outdoor misting systems used to cool public areas is prohibited.

   (7)   The filling of swimming pools, fountains, spas or other exterior water features is prohibited.

   (8)   The washing of automobiles, trucks, trailers and other types of mobile equipment is prohibited, except at facilities equipped with wash water recirculation systems, and for vehicles requiring frequent washing to protect public health, safety and welfare.

(Ord. No. 8461, § 1, 3-20-95)