§ 52.28 First Level of Curtailment

(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