CHAPTER XII. UTILITIESCHAPTER XII. UTILITIES\ARTICLE 4. WATER EMERGENCY

For the purposes of this article, a water supply emergency shall be defined as a water supply shortage, caused by any circumstance, which may prevent the availability of water for essential uses, such as fire protection, household consumption, maintenance of health and sanitation facilities, and the operation of essential business, if conservation measures are not ordered.

(Ord. 1188; Code 2015)

Whenever the Superintendent of Utilities shall determine that a water supply emergency exists, he shall have the power to declare that an emergency exists, and if this decision is ratified by the Governing Body, the Superintendent shall have the power to limit use of water for essential uses. The emergency shall continue until the Superintendent and the governing body jointly declare the emergency ended.

(Ord. 1188; Code 2015)

Upon the declaration of a water supply emergency, the Superintendent of Utilities is authorized to either (1) request voluntary water conservation measures be undertaken by water consumers, or (2) implement mandatory water conservation measures. Conservation measures shall include the elimination of the following nonessential uses:

(a)   The sprinkling or watering of lawns, shrubbery, trees, grass, or gardens, through the use of a hose, or otherwise, except for the operation of commercial nurseries, which shall be allowed those amounts of water necessary to keep its stock alive.

(b)   The washing of automobiles, trucks, or other vehicles or mobile equipment.

(c)   The washing of sidewalks, porches, filling station aprons, or floors and interiors of buildings, provided reasonable amount of water may be authorized for washing or cleaning required for-sanitation, public safety or fire prevention.

(d)   The use of water in foundations, wading pools, swimming pools, including the municipal pool, fish ponds, golf courses or any recreational areas, except for hook-ups to recreational vehicles or campers at the Clay County Park.

(e)   The use of water in air conditioning or evaporative cooling systems designed and used to reduce room temperature for the comfort of persons, except in hospitals, nursing homes and apartments or housing for the elderly.

(f)   The use of water for new connections, except as may be required for adequate fire protection.

(g)   The use of water at coin-operated facilities or sites. The implementation of voluntary water conservation measures shall consist of a request to water consumers and/or customers to voluntary eliminate the nonessential uses of water. If circumstances warrant, mandatory water conservation measures may be ordered by the Superintendent. The communication advising the water consumer/customer to eliminate all nonessential water use shall also state the penalties for nonessential use as stated below.

(Ord. 1188; Code 2015)

(a)   After the declaration of mandatory conservation measures, the persons found using water for the nonessential uses listed in Section 12-403 shall be notified in writing, served personally or by mail, of the violation. The notice shall describe the violation, the date of the violation, and state the time within which the violation is to be corrected or abated.

(b)   Failure of the consumer/customer to comply with the first notice shall be cause for the termination of service after additional notice and hearing. The notice of water service termination shall be served by restricted mail, or by personal service, and shall describe the continuing violation, with date(s), and shall state that the water service will be discontinued within a specified time due to the continuing violation. Said notice shall inform the consumer/customer of his right to a hearing before a hearing officer appointed by the Governing Body. If such hearing is requested and conducted, the consumer/customer shall be allowed the full opportunity to present any facts. At the conclusion of said hearing, the hearing officer shall make findings of fact, and thereafter decide whether the water service should be terminated.

(c)   If water service is terminated pursuant to this section, the reconnection fee shall be Forty-five ($45) Dollars as provided by Section 12-309 (c) of the Code of the City. In the event of subsequent violations and resulting terminations of service, the reconnecting fee shall be Two Hundred ($200) Dollars for the second violation, and Three Hundred ($300) Dollars for any additional violation.

(d)   Any nonessential use of water, as described in Section 12-403, shall constitute a misdemeanor, and any person, firm or corporation violating the provisions of this ordinance shall, upon conviction thereof, be fined in an amount not less than One Hundred ( $100) Dollars or more than One Thousand ($1,000) Dollars. Each day’s violation shall constitute a separate offense. The minimum fine for a second or subsequent offense shall be Two Hundred ($200) Dollars.

(Ord. 1188; Code 2015)

The Governing Body may make such other regulations, restrictions, prohibitions or procedures in the use of water during a water supply emergency as it deems necessary and expedient in controlling the emergency.

(Ord. 1188; Code 2015)