(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural number included the singular number and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
CITY. The City of Virginia.
CITY COUNCIL. The Council of the City of Virginia.
COMMISSION. The Board of Public Utilities providing water to the residents residing with the city limits of Virginia.
MAYOR. The Mayor of the City of Virginia.
PERSON. Any person, firm, partnership, association, corporation, company or organization of any kind.
WATER. Water supplied by the water works of the city, either directly or indirectly by the Commission through another entity.
(B) Effective upon declaration of emergency by the Mayor. Whenever, upon determination by the Mayor of the city in consultation with such officials as he or she deems appropriate, the Mayor of the city determines that a water service emergency exists in the city and that the emergency requires that certain uses of water not essential to the health, welfare and safety of the citizens of the city be restricted and the Mayor issues and publishes a declaration of the findings in a newspaper of general circulation within the city for a period of three consecutive days, the provisions of this section shall become immediately effective and applicable to all persons living within the city and its police jurisdictions.
(C) Prohibited uses.
(1) General. The use and withdrawal of water by any person shall be restricted to the following uses upon the declaration of the Mayor of a water emergency as set forth in division (B) above.
(2) Water restrictions.
(a) Stage 1 - Water Alert. The Water Alert Stage will be implemented when water shortages are predicted as reported by the local water authority. Public notices and press releases will be provided to notify citizens and businesses of the city of the water shortage situation. The public will be given the notice that the city’s water conservation and water emergency stages have been initiated and that the following voluntary conservation measures, which apply to both residential and commercial properties, be enacted.
1. The watering of established lawns and landscaping should be limited to the hours of 4:00 p.m. and 10:00 a.m. on each allowable watering day. Addresses ending in an even number should water established lawns and landscaping on Tuesdays and Saturdays. Addresses ending in odd number should water on Wednesdays and Sundays.
2. New lawns and landscaping are exempt from the day of the week restrictions for the first 30 days of installation. However, the watering shall be limited to the minimum necessary. Watering should be conducted between the hours of 4:00 p.m. and 10:00 a.m. Documentation to verify the date of planting shall be made available upon request. Hand watering, using hoses with shut off valves or nozzles, is not restricted, but should be limited to the minimum amount necessary.
3. Watering for the purpose of applying insecticides, fungicides and herbicides where the watering is required by the manufacturer or by federal, state or local law shall not be restricted by days of the week. However, the watering shall be limited to the minimum necessary. Documentation to verify the date of application shall be made available upon request.
4. The washing of personal motor vehicles or equipment shall be permitted by means of a “bucket” and “sponge” and a hose with a shut-off nozzle. Commercial car washes may continue normal operation.
5. Hosing down of porches, sidewalks, driveways and other hard surfaces, except of health and safety reasons should be suspended unless performed by a commercial pressure washer.
6. Golf courses should water the first nine holes Monday and Thursdays, and the bottom nine holes should be watered on Tuesdays and Fridays.
7. Newly constructed or existing public and private swimming pools, which include outdoor hot tubs, spas and Jacuzzis, may be filled once upon completion. One-time draining and subsequent re-filling of swimming pools is allowed only for repairs if conditions threaten the integrity of the pool and/or its supporting infrastructure.
8. Commercial nurseries and gardens are exempt from day of the week watering, but shall restrict water use to the minimum.
(b) Stage 2 - Water Warning. The Water Warning Stage shall be implemented when “severe” weather shortage conditions are reported by the local water authority and the voluntary conservation measures described in Stage 1: Water Alert have not sufficiently reduced system demands. At this stage, the Stage 2 Water Warning will be implemented with a declaration by the Mayor.
1. The watering of established lawns and landscaping is limited to the hours of 4:00 p.m. and 10:00 a.m. on the allowable watering day. Addresses ending in an even number should water established lawns and landscaping on Tuesdays and Saturdays. Addresses ending in odd number should water on Wednesdays and Sundays.
2. New lawns and landscaping are exempt from the day of the week restrictions for the first 30 days of installation. Watering shall be limited to the minimum necessary and can be conducted between the hours of 4:00 p.m. and 10:00 a.m. After the first 30 days, watering is restricted to two days per week on the even/odd address days and times listed in division (C)(2)(b)1. above.
3. The washing of personal motor vehicles or equipment shall be suspended.
4. The use of fire hydrants for any purpose, except firefighting or flushing sewers for health protection shall be suspended.
5. The watering of any portion of golf courses, except for tees and greens, shall be suspended. The watering of tees and greens is allowed on Mondays, Wednesdays and Fridays between the hours of 1:00 a.m. and 5:00 a.m. Hand misting is permitted on the other days of the week.
6. Commercial nurseries and gardens shall restrict water use to the minimum amount necessary to maintain plants.
7. Newly constructed or existing public and private swimming pools, which include outdoor hot tubs, spas and Jacuzzis, may be filled once upon completion. One-time draining and subsequent re-filling of swimming pools is allowed only for repairs if conditions threaten the integrity of the pool and/or its supporting infrastructure.
8. Watering from private lakes, streams, wells or ponds must post visible signs if deviating from the schedule set forth above.
(c) Stage 3 - Water Emergency.
1. The Water Emergency Stage will be implemented when “extreme” drought conditions exist. The Mayor shall have the authority to declare a water emergency when public health, safety and sanitary standards are at risk. This Water Emergency Stage shall ban all nonessential outdoor water usage.
2. The use and withdrawal of water by any person for the following purposes shall be prohibited unless expressly permitted by ordinance.
a. Outdoor watering. The watering or irrigation of lawns and landscaping shall only be allowed on weekends. Addresses ending in an even number shall water on Saturdays between 6:00 a.m. and 10:00 a.m. and addresses ending in an odd number shall water on Sundays between 6:00 a.m. and 10:00 a.m. (Commercial nurseries shall restrict watering to the minimum amount necessary to maintain plants.)
b. Washing mobile equipment. The washing of automobiles, trucks, trailers, trailer houses, railroad cards or any other type of mobile equipment is prohibited.
c. Cleaning outdoor surfaces. The washing of sidewalks, driveways, gas stations aprons, porches and other outdoor surfaces is prohibited.
d. Cleaning buildings, equipment and machinery. The washing of the outside of dwellings and commercial buildings, and the cleaning of equipment and machinery is prohibited.
e. Ornamental fountains. The operation of any ornamental fountains or other structures making similar use of water is prohibited.
f. Golf courses and athletic fields. Except for the hand watering of greens on golf courses, the watering of golf courses and athletic fields is prohibited.
g. Commercial car washes. All car washing shall be suspended.
3. The Mayor or Public Utilities Manager shall have the authority to permit reasonable use of water to maintain public health, safety and sanitary standards. However, this reasonable use shall not include any of the restrictions in this section.
(d) Stage 4 - Water System Failure.
1. The city strongly endorses and recommends that the various water systems serving the City of Gilbert, Eveleth and Mountain Iron work out reciprocal emergency water use agreements and install adequate connections to allow the transfer of water from one system to another in times of drought or other disaster causing shortages.
2. This stage could result from drought intensity or other unrelated causes for the potable water supply system failure. In this stage, a significant or total failure of a water distribution system will have disastrous effect on the city. At this juncture, notification of the federal and state agencies for assistance would be required. Emergency Operations Center (EOC) would be opened for the duration of the event. Priority will be placed on public safety and public health.
(D) Water usage rates during declared water conservation and water emergency stages. During a declared Virginia Water Conservation and Water Emergency Stage, as set forth in division (B) above, the current water conservation water usage rates as set by the Department of Public Utilities shall apply. The provisions of this section shall become immediately effective upon the declaration by the Mayor.
(E) Enforcement. Upon implementation of the provisions of this section as provided in this section, any violation of division (C) above, shall result in a fine of: $25 for the first violation; $100 for the second violation; $500 for the third violation and any violation beyond a third violation will result in the water utility disconnecting service at the street until the resident agrees to comply with the restrictions. A separate $100 fee will be assessed to reconnect service.
(Added 7-4-2010)