(A) In the event the Town Manager issues a declaration of a Stage II Mandatory Water Shortage Condition, then it shall be unlawful for any person, firm or corporation to use or permit the use of water from the town water system in a manner inconsistent with the declaration until such time as the declaration of a Stage II Mandatory Water Shortage Condition has been rescinded. In exercising the authority for declaring a Stage II Mandatory Water Shortage Condition, consideration shall be given, as applicable, to water shortage levels and available sources of supply, available usable storage on hand, drawn-down rates, the projected supply capability, outlook for precipitation, daily water use patterns and availability of water from other sources.
(B) In the event a Stage I Voluntary Water Shortage Condition declaration is ineffective in adequately reducing demand; maintenance of the system (whether preventive or breakdown maintenance, or due to an event of force majeure) requires a reduction in demand; mandatory restrictions are required to comply with any permit for the system issued by applicable state or federal authorities; sustained water demand exceeds 95% of the county water system treatment and/or transmission capacity (average daily flow); or Duke Power Company LLC, doing business as Duke Energy Carolinas, LLC, declares a Stage 2 Low Inflow Condition pursuant to the Comprehensive Relicensing Agreement for the Catawba- Wateree Hydro Project (FERC Project No. 2232) dated December 22, 2006, to which the county is a party, thus compelling certain mandatory water use restrictions by town, then upon occurrence of any such event the Town Manager may issue a declaration that a Stage II Mandatory Water Shortage Condition exists. Such declaration may prohibit any one or more of the types of water uses regulated under a Stage I, Stage III or Stage IV Water Shortage Condition, provided that the Town Manager , in his or her discretion and acting in the best interests of the health, safety and welfare of the citizens, may further regulate usage on the following bases: time of day; day of week; customer type, including without limitation, residential, commercial, industrial and institutional; and physical attribute, such as address. After consultation with the Board of Commissioners, the Town Manager may also take such other measures as deemed necessary to give effect to the intent of this chapter.
(Ord. passed 9-16-2008) Penalty, see § 10.99