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)

Sec. 27-96. Variances.

The city manager, or the city manager's designate, is authorized to review hardship cases and special cases within which strict application of this chapter would result in serious hardship to a customer. A variance may be granted only for reasons involving health, safety or economic hardship. Application for variance from requirements of this chapter must be made on a form provided by the director.

(Ord. No. 8461, § 1, 3-20-95)

Sec. 27-97. Violation.

   (a)   In the event of any violation of this article, a written notice shall be placed on the property where the violation occurred and a duplicate mailed to the person who is regularly billed for the service where the violation occurs and to any person known to the department who is responsible for the violation or it's correction. Such notice shall describe the violation and order that it be corrected, ceased or abated immediately or within such specified time as the department determines is reasonable under the circumstances and shall contain a description of the fees and penalties associated with such violation. If such order is not complied with, the department may forthwith disconnect the service where the violation occurs. A two hundred fifty dollar ($250.00) fee shall be imposed for the reconnection of any service disconnected pursuant to noncompliance, which shall be in addition to other fees or charges imposed by this chapter for disconnection of service.

   (b)   In addition to being grounds for discontinuation of service, violation of any provision of this article shall be a civil infraction. An individual or corporation convicted of violating provisions of this section shall be assessed a civil penalty of not less than two hundred fifty dollars ($250.00).

(Ord. No. 8461, § 1, 3-20-95)

Sec. 27-98. Enforcement.

The city manager is authorized to designate city employees to enforce the provisions of this article.

(Ord. No. 8461, § 1, 3-20-95)

Sec. 27-99. Definitions.

   Department means the city water department.

   Director means director of the city water department.

   Economic hardship means a threat to an individual's or business' primary source of income.

   Notification to public means notification through local media, including interviews and issuance of news releases.

   Outdoor watering day means a specific day, as described in a specific outdoor watering plan, during which irrigation with sprinkler systems or otherwise may take place.

(Ord. No. 8461, § 1, 3-20-95)

ARTICLE VII. WATER CONSUMER PROTECTION ACT*

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*   Editors Note: See note for Article VI.

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Sec. 27-100. Method.

   (a)   The city shall use only groundwater from unpolluted sources as its potable water supply for a five-year interim period beginning on the effective date of this article [November 13, 1995], except as specifically provided in section 27-101.

   (b)   The city shall take the necessary actions to ensure that it is in total compliance with its existing contract for Central Arizona Project (CAP) water.

   (c)   For five (5) years from the effective date of this article [November 13, 1995], CAP water delivered to the city shall be used only for one or more of the following purposes:

   (1)   For selling or exchanging water under the terms of the city's existing CAP subcontract.

   (2)   To preserve Tucson's groundwater for domestic use by replacing groundwater which would otherwise have been withdrawn for uses other than as potable water such as agriculture, mining or other industry.

   (3)   To prevent land subsidence and augment Tucson's groundwater supply by basin and stream bed recharge.

   (4)   To replace other water supplies currently being employed for industrial and landscape irrigation use including parks, golf courses and schools.

   (5)   For direct well injection if it is treated as described in section 27-101 and is free from disinfection by-products.

(Ord. No. 8564, § 1, 8-7-95)