(A) Whenever the City Council by resolution declares that a water shortage emergency condition prevails in the area served by the city due to drought conditions and that the ordinary demands and requirements of water consumers cannot be satisfied without depleting the water supply of the city to the extent that there would be insufficient water for human consumption, sanitation and fire protection, this sub-chapter shall be in effect until the City Council by resolution declares the emergency conditions over. This sub-chapter establishes a first and second level of water curtailment to be initiated as water shortage conditions prudently dictate.
(B) In order to conserve the city's water supply for the greatest public benefit with particular regard for domestic use, sanitation and fire protection, the City Council hereby adopts the following regulations and restrictions on the delivery and consumption of water to take effect immediately upon the passing of a resolution declaring an emergency.
(C) The specific uses regulated or prohibited in this sub-chapter are nonessential, and if allowed would constitute wasted water and shall be regulated.
(Ord. 1822, passed 6-28-93)
For the purpose of this sub-chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(Ord. 1822, passed 6-28-93)
The provisions of this sub-chapter shall apply to all customers using water provided by the city.
(Ord. 1822, passed 6-28-93)
(A) Nonessential residential uses defined; prohibiting nonessential water use. Uses of water for residential purposes in excess of the following daily usage allotment are determined to be nonessential and are prohibited:
(1) The use of water to wash any motorbike, motor vehicle, boat, trailer, airplane or other vehicle, except at a commercial fixed washing facility existing prior to the enactment of this sub-chapter or one that recycles and/or reuses the water.
(2) The use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts or other hard-surfaced area, or building or structure.
(3) The use of water to fill, refill or add to any indoor or outdoor swimming pools or jacuzzi pools except for neighborhood fire control (when deemed needed by the City Manager), where the pools have recycling water systems and evaporative covers, or where the use of the pool is required by a medical doctor's prescription.
(4) The use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support pre-existing fish life, e.g. goldfish, etc.
(B) Nonessential commercial or industrial use. The following commercial or industrial water uses are hereby determined to be nonessential and are prohibited:
(1) The use of water to serve a customer in a restaurant unless requested by the customer;
(2) The use of water for scenic and recreational ponds and lakes, except for the minimum amount required to support fish life;
(3) The use of water from hydrants for construction purposes, (unmetered), fire drills or any purpose other than fire fighting;
(4) A minimum of 15% reduction in the use of water by a cemetery (owned by a separate taxing district), golf course or similar outdoor sport activities to irrigate any portion of its grounds except those areas designated as tees and greens or similar limited areas;
(5) The use of water for dust control.
(C) Gutter flooding. No person or customer shall cause or permit water to run to waste in any gutter or drain.
(D) Regulation of applications for new water service. No applications for new, additional, further expanded or increased- in-size water service connections, meters, service lines, pipeline extensions, mains or other water service facilities of any kind shall be allowed, approved or installed during the period of this emergency, except for replacement of leaking water lines and interties (looping) of system.
(E) Discontinuance of service.
(1) The City Manger may, after one warning by certified mail or in person by staff, disconnect the water service of any person or customer whenever he determines that the person or customer has failed to comply with any provisions of this sub-chapter. Service so disconnected shall be restored only upon payment of the turn-on charge, in an amount of money as established by resolution of the City Council, or as otherwise specified by law, and any other costs incurred by the city in the discontinuance of service and the giving of suitable assurances to the city that the action causing the discontinuance will not be repeated.
(2) In addition to the foregoing, the city may, prior to restoration of service, install a flow-restrictive device on the customer's service.
(F) Variances.
(1) The City Manager may in his sole discretion, in writing, grant temporary variances for prospective uses of water otherwise prohibited after determining that due to unusual circumstances to fail to grant the variance would cause an emergency condition affecting health, welfare, sanitation or fire protection of the applicant or the public.
(2) No variance shall be retroactive or otherwise justify any violation of this sub-chapter occurring prior to issuance of the temporary variance.
(Ord. 1822, passed 6-28-93) Penalty, see § 52.99
In addition to the restrictions in §52.28, the following curtailments are to be enforced:
A) One or two residential units - daily usage allotment.
| One permanent resident | 50 gallons |
| Two permanent residents | 85 gallons |
| Three permanent residents | 115 gallons |
| Each additional permanent resident | 30 gallons |
(B) Multi-residential units.
(1) Daily usage allotment for each unit shall be 100 gallons per day.
(2) Each customer in whose name water is supplied to a residence, or residences or apartment or other dwelling units, shall upon request of the City Manager advise the city under penalty of perjury the number of permanent residents using water supplied to the residence, residences, apartments or other dwelling units. If the customer fails to advise the City Manager, each residence, apartment or dwelling unit shall be permitted the water allocation herein provided for one permanent resident.
(C) Nonessential commercial uses defined. Uses of water for commercial purposes in excess of the following amounts are determined to be nonessential and are prohibited:
(1) The use of water for schools (irrigation), parks, cemeteries, recreation areas, golf courses, community food gardens, residential gardens, and similar recreation or memorial type facilities in excess of 75% of the amount consumed in the same time period of the previous year.
(2) The use of water for schools (domestic), for nursery facilities, restaurants, shopping centers, gasoline service stations, health and swim clubs, and all other commercial uses in excess of 90% of the amount consumed in the same time period as the previous year.
(D) Nonessential industrial uses defined. Uses of water for industrial purposes in excess of the following amounts are determined to be nonessential:
(1) The use of water for manufacturing, food processing, cooling or cleaning of equipment in excess of 85% of the amount consumed in the same time period as the previous year. Customers may, with proper documentation of need, obtain a variance from the City Manager, granting the level of relief needed.
(2) The use of water for agricultural irrigation in excess of 75% of the amount consumed in the same time period as the previous year.
(E) Other nonessential uses. All other uses of water not expressly set forth in this subchapter in excess of 75% of the amount consumed in the same time period as the previous year are determined to be nonessential.
(F) Determination of amount of prior water consumption. The amount of water consumed in the same time period as the previous year shall be determined by the city from its records. Where no records exist, the amount shall be the average use of similar existing services as determined by the city from its records.
(G) Evaluation of applications for new water service. No applications for new, additional, further expanded or increased-in-size water service connections, meters, service lines, pipeline extensions, mains or other water service facilities of any kind shall be allowed, approved or installed during the time this emergency is declared by City Council resolution to be in effect, except for replacement of leaking water lines, making interties (looping), areas where the pressure provided by the city is very low and relief can only be obtained by providing a larger service line(s).
(Ord. 1822, passed 6-28-93)
Each city law officer of the city's police force shall diligently enforce the provisions of this sub-chapter. All employees of the city, Public Works Department and Fire Department have the duty and are hereby authorized and directed to notify the City Manager of violations of the provisions of this sub-chapter.
(Ord. 1822, passed 6-28-93)
(A) The City Manager in his sole discretion may, in writing, adjust any consumer's usage allotment if it is determined that due to unusual circumstances to fail to do so would cause an emergency condition affecting health, sanitation or fire protection of the applicant or the public.
(B) No variance or adjustment shall be retroactive or otherwise justify any violation of this sub-chapter occurring prior to issuance of temporary variance or adjustment.
(Ord. 1822, passed 6-28-93)
The provisions of this sub-chapter shall prevail and control in the event of any inconsistency between this sub-chapter and any other rules or regulations of the city.
(Ord. 1822, passed 6-28-93)
(A) Any person violating any of the provisions of §§52.01 through 52.15 commits a Class A violation.
(Ord. 429, passed 6-14-61; Am. Ord. 1632, passed 6-22-87; Am. Ord. 1976, passed 10-26-98)
(B)
(1) Any person violating any provision of §§52.25 through 52.32 commits a Class A violation.
(2) After notice, each day is a separate violation. In addition, the City Manager may, after written or personal warning, disconnect the water service of any customer that repeatedly violates §§52.25 through 52.32. Water service disconnected shall be restored only upon payment of any turn-on charge and any other costs incurred by the assurances that the action causing the discontinuance will not be repeated.
(3) In addition to the foregoing, the city may, prior to restoration of service, install a flow-restrictive device on the customer's service.
(Ord. 1822, passed 6-28-93; Am. Ord. 1976, passed 10-26-98)