A. Declaration Of Emergency:
1. Whenever an emergency exists by reason of a shortage of water due to inadequate supply, limited treatment or distribution capacity or failure of equipment or materials, the city administrator is hereby authorized to restrict or prohibit the use of water from the city water system.
2. An emergency exists whenever the city administrator reasonably determines that the city water system is unable, or will within sixty (60) days become unable, to supply the full commercial and domestic needs of the users thereof, including adequate fire protection. (1983 Code § 17-206)
B. Restriction On Water Use:
1. Upon the determination that such an emergency exists, the city administrator shall issue a proclamation declaring the emergency and setting out with particularity an order restricting use of water from the city system. The order may:
a. Restrict water usage during certain periods of the day or week or according to any orderly and nondiscriminatory scheme; and
b. Prohibit usages not essential to public health and safety. The order may be revised from time to time as the city administrator deems necessary.
2. A duly proclaimed emergency shall continue and the terms of the proclamation shall be in force for thirty (30) days or until such time as the city administrator shall cause to be published a proclamation that the emergency has ended, whichever is shorter; unless the city council, by resolution approved by a majority of all its members, votes to terminate the emergency and proclamation upon a different date. (1983 Code § 17-207)
C. Proclamation And Notice Of Emergency:
1. The proclamation required by the preceding subsection shall be published in a newspaper of general circulation in the city or, if there is no such newspaper in which the proclamation may be published within twenty four (24) hours after the emergency arises, publication shall be by posting a copy of the proclamation in ten (10) prominent places in the city. The emergency shall be in full force and effect upon publication. Substantial compliance with this subsection is sufficient to effect the emergency.
2. Whenever a sudden or unexpected event so reduces the availability of water or water pressure as to create an immediate threat to public health or safety, the notice of the proclamation may be given by any reasonable means, including electronic means. The emergency shall be in full force and effect upon such notice. However, if any means other than that required in subsection C1 of this section is used, the proclamation shall be republished in accordance with subsection C1 of this section within twenty four (24) hours of the first notice. (1983 Code § 17-208)
D. Grievances With Water Restrictions: Any person feeling aggrieved by a proclamation of the city administrator shall have the right to present the matter to the next regular or special meeting of the city council or to any emergency session called to discuss the water emergency. The council may exempt such aggrieved person, wholly or in part, from compliance with the proclamation order upon a showing that compliance creates an immediate threat to the person's health or safety. The ruling of the council by a majority vote of all its members shall be final and binding as to the continuance of any terms of the proclamation. Until and unless the action of the city administrator is modified or revoked by action of the council, all water users shall be bound by the proclamation. (1983 Code § 17-209)
E. Penalty: Any person who in any manner directly or indirectly violates or permits others under his supervision, custody or control to violate any term of a duly published proclamation shall be guilty of a misdemeanor. Any violation of the provisions of the city administrator's proclamation or action of the council shall be punishable by a fine or imprisonment as provided in section 1-4-1 of this code. (1983 Code § 17-210)