§ 25-13. Water conservation regulations.

(a)

[City manager to declare emergency.] The city manager is hereby authorized to declare an emergency in any or all areas supplied by the city affecting the use of water during any period in which there is a water shortage as determined by the city manager at his discretion.

(b)

[Written notice.] In declaring any emergency pursuant to this section, the city manager shall advise the governing body of the declaration by written notice, shall post a written notice at the entrance in city hall and on the city's cable-access channel, and shall advise by news release the news media which routinely cover the area in which the emergency has been declared.

(c)

[Stages of conservation.] Based on the forecast of the continued water supply available to the city, the city manager may order the appropriate stage of water conservation:

(1)

Stage I. In the event that water supplies are reduced, either voluntarily or involuntarily by the city's outside sources and or mild reductions in well production, the public works department will segregate portions of the city to be serviced water still available from outside sources. The remainder of the city will be serviced by the city's wells. The city will ask the residents to voluntarily conserve water and refrain from filling pools, washing vehicles, watering lawns, or washing sidewalks and driveways.

(2)

Stage II. In the event that water supplies are very limited, i.e., outside supplies are excessively reduced or become nonexistent, one (1) or more wells become nonproductive, the city shall restrict or curtail less essential uses of water, including but not limited to, the following:

a.

Watering of shrubbery, trees, lawns, grass, plants or any other vegetation to include plant nurseries, golf course greens and commercial agricultural activities;

b.

Washing of automobiles, trucks, trailers or any other type of mobile equipment except in facilities operating with a water recycling system approved by the city or except for safety or emergency purposes; provided, however, that any facility operating with a water recycling system must prominently display in public view a sign stating that such a recycling system is in operation;

c.

Washing of streets, driveways, parking lots, service station aprons, office buildings, exteriors of homes or apartments or other outdoor surfaces, except for emergency or safety purposes or to remove a hazard;

d.

The operation of any ornamental fountain or other structure making a similar use of water;

e.

The filling of swimming and/or wading pools, or the refilling of swimming and/or wading pools which were drained after the effective date of the order to restrict water usage or any other use of water supply for outdoor recreation;

f.

The operation of any industrial or commercial activity or process, including construction activity, which uses water beyond the sanitary and drinking needs of employees, customers and visitors;

g.

The use of water from fire hydrants for any purpose other than fire suppression;

h.

The operation of any water-cooled comfort air conditioning which does not have water-conserving equipment in operation where interior temperature is less than seventy-eight (78) degrees Fahrenheit.

(3)

Stage III. In the event that supplies of water are available are critically limited, the city manager is authorized to restrict use of water to purposes which are essential to the preservation of life, health and safety.

(d)

Penalties. Any person violating any provision of this section or any order or regulation promulgated by the city manager implementing this section shall upon conviction, be deemed guilty of a class 3 misdemeanor. In addition, the governing body may seek suspension of water service to any violator, by injunction, abatement or other appropriate legal remedy.

(e)

Appeals. Whenever the city manager shall issue an order directing restriction of water or curtailment of the use of water as provided herein, or shall seek suspension of water service as a result of a violation of provisions of this section, the subject of the order of suspension shall have the right to appeal the decision of the city manager to the governing body. The governing body may appoint a temporary board of appeals consisting of three (3) or more members of the governing body, or any other designated parties, to act in its place on this matter. The governing body or board of appeals shall grant an appellant a reasonable opportunity to present in writing, or at the option of the governing body or board of appeals in a public meeting, arguments against such decision of the city manager. The decision of the appropriate panel shall be final.

(f)

Termination of emergency. Based upon receipt of information from water system operators and other pertinent sources, and upon his determination that sufficient water supplies exist to warrant termination of emergency restrictions or curtailments on water usage, in whole or in part, the city manager shall declare the water supply emergency to be ended. The city manager shall notify the governing body and the public of such termination, as prescribed in paragraph (b) above within twenty-four (24) hours.

(Ord. No. 01-1700-681, § 1, 4-16-02)

(Ord. No. 01-1700-681, § 1, 4-16-02)