[HISTORY: Added by the Board of County Commissioners of Worcester
County 5-7-2002 as Subtitle II of Title 2 of Bill No. 02-3; amended 4-15-2003 by Bill No.
03-8. Subsequent amendments noted where applicable.]
(a)
AGRICULTURE
ESSENTIAL
GARDEN CENTER
OUTSIDE USE
WATER SUPPLY EMERGENCY
Definitions. For the purpose of this
Subtitle, the following words and phrases shall have the meanings
indicated:
The use of land, buildings and structures for dairying, pasturing,
crop growth, horticulture, floriculture, the raising of livestock
or poultry for sale and including other conventional agriculture uses.
Forestry shall not be considered agriculture for the purposes of this
section.
Necessary for the basic health and safety.
The use of land, buildings or structures for the purpose
of selling living plant material.
The application of water drawn from a water source including
a natural source or man-made source to any area or object located
outside of a building or structure. "Outside use" when modifying "water"
shall specifically apply without limitation to the watering of plant
materials, the washing of any object including structures, motor vehicles,
and watercraft.
A condition, as determined by resolution of the County Commissioners,
where the existing and reasonably expected supplies of water may be
or may become insufficient to meet the current or projected water
needs or to maintain desirable health, environmental or agricultural
conditions. A water supply emergency may occur on account of natural
conditions or inability or difficulty in producing or obtaining water.
(b)
Authority to impose; procedures. During
periods of water supply emergency, as declared by the County Commissioners,
the Commissioners may, by resolution, impose restrictions and moratoria
on the outside use of water. The Commissioners may enact such resolutions
where it is deemed necessary to limit or conserve the water supply.
The resolutions may provide for a strict and complete moratorium,
or for a limited moratorium or for restrictions on outside use of
water, and may provide different criteria for different areas of the
County. Such resolutions need not be County-wide and may be for limited
areas. The resolutions may provide for limited or complete bans on
outside use of water and may be of such duration that the Commissioners
deem appropriate and necessary.
(c)
Exemptions. The provisions of any resolution
adopted hereunder shall not apply to agriculture (including nurseries),
garden centers, fire fighting, or essential outside activities for
the public benefit as set forth in any resolution adopted pursuant
hereto.
(d)
Waivers. The County Department designated
by the County Commissioners to administer and enforce this subtitle
may, upon application on forms approved by the Commissioners, grant
a waiver of the provisions of any resolution adopted hereunder in
specific cases where the Department finds that the impact of the resolution
will impose a significant financial burden, actual hardship or dangerous
impact upon an individual to a greater extent than on the public at-large
and that granting the waiver will not unduly threaten the water supply.
In granting such a waiver, the Department may place conditions and
restrictions upon the activity for which the waiver is granted. Any
applicant for a waiver aggrieved by the decision of the Department
may appeal the same to the County Commissioners.
(e)
Enforcement officers. The County Commissioners
may appoint such enforcement officers as the Commissioners' deem
necessary and appropriate for the purpose of enforcing and administering
the provisions of this Subtitle. Where deemed appropriate by the Sheriff
of Worcester County, such officers shall be deputized and given the
powers of Deputy Sheriffs as may be assigned them by the Sheriff of
Worcester County or as provided under this Subtitle.
(f)
Public information and education. It
shall be the duty of enforcement officers to engage in public information
and education programs in order to inform and educate members of the
public about the importance of water conservation, the significance
of water shortages, the causes therefor, and remedies and measures
to be taken to minimize the negative impact of water shortages. Such
education programs will emphasize the public's responsibility
to conserve the water supply and shall inform the public about voluntary
measures, methods, and practices which will conserve water.
(g)
Applicability in service areas and geographic areas. This section shall apply throughout the County except within incorporated
municipalities. The provisions hereof, however, may by resolution
be applied and enacted in separate areas including geographic areas
and sanitary service areas depending on the nature of the water shortage.
Different requirements may apply in different geographic areas and
sanitary service areas and restrictions and moratoria may be imposed
for different reasons, specifically including lack of supply, lack
of production capability and overuse.
(h)
Stage I water shortage warning - limited and voluntary
restrictions. In the event the County department designated
by the County Commissioners to administer and enforce this Subtitle
determines that a water supply emergency is likely to occur within
any area of the County, such conditions shall be reported to the County
Commissioners who may, by resolution, issue a water shortage warning.
Upon the issuance of a water shortage warning, mandatory measures
may be declared and may be imposed by the County Commissioners by
resolution. In addition, upon the issuance of a water shortage warning,
voluntary measures shall be encouraged and a targeted public information
program undertaken to inform the public about the possible water supply
emergency and the voluntary measures. Water users shall be encouraged
to take appropriate voluntary action to conserve water. Those actions
may include limitations on the following:
(1)
Watering of lawns, grass, shrubbery, trees, flower and vegetable
gardens, except by hand-held hose, container, or drip irrigation system.
(2)
Filling newly constructed swimming pools and/or wading pools
or refilling or topping off swimming and/or wading pools.
(3)
Operating water-cooled air conditioners or other equipment that
does not recycle cooling water, except when health and safety are
adversely affected.
(4)
Washing automobiles, trucks, trailers, boats, airplanes, or
any other type of mobile equipment, provided, however, that any person
regularly engaged in the business of washing motor vehicles and commercial
car wash facilities shall be permitted to use water for such purposes.
(5)
Washing outside areas such as streets, driveways, parking lots,
office buildings, exteriors of existing or newly constructed homes
or apartments, sidewalks, or patios, or to use water for similar purposes,
provided, however, that hand-washing of exterior surfaces of a building
for the purpose of preparing them for painting shall be permitted.
(6)
Operating or introducing water into any ornamental fountain,
pool, or pond or other structure making similar use of water.
(7)
Using water from any public or private fire hydrants for any
purpose other than fire suppression or other public emergency or public
services need.
(8)
Using water for dust control or compaction.
(9)
Using water for any unnecessary purpose or to intentionally
waste water.
(10)
For all industrial, manufacturing, and commercial enterprises
attempting to reduce consumption to any degree feasible with a goal
of a reduction of at least twenty-five percent.
(11)
Serving of water in a restaurant other than upon request.
(i)
Stage II water supply emergency - mandatory restrictions. In the event the County Commissioners determine that a water supply
emergency exists within any area of the County, the County Commissioners
shall, by resolution, declare such emergency and impose restrictions
and/or moratoria as determined necessary and appropriate to maintain
the flow of essential water.
(j)
Restrictions and conditions. Provisions
of moratoria may include the following:
(1)
Any action listed in Subsection (h) above.
(2)
Limitations on the outside use of water.
(3)
Limitations on the use of non-essential water.
(4)
Postponing of landscaping.
(5)
Suspension of County laws requiring completion of landscaping.
(6)
Imposing limited hours of operation upon commercial car washes.
(7)
Suspending the issuance of building permits.
(8)
Suspending connections to water systems.
(k)
Civil penalties. Anyone violating the
provisions hereof or any resolution adopted hereunder shall be guilty
of a civil infraction and shall pay a civil penalty as established
by resolution of the County Commissioners which shall double for each
successive offense.
(l)
Criminal penalties. Any person wantonly,
knowingly and significantly violating the provisions hereof or any
restrictions adopted hereunder shall be guilty of a misdemeanor which
shall be punishable upon conviction by a fine not to exceed one thousand
dollars.
(m)
Continuing and separate violation. Each
day's continuing violation of this section shall constitute a
separate and distinct criminal or civil offense. Each violation of
this section shall be a separate offense even if occurring on the
same day.
(n)
Failure to repair leak. Any person knowingly failing to repair a leak within a reasonable time after its discovery shall be in violation hereof and shall be subject to the penalties herein set forth. In addition, service may be discontinued as set forth in Subsection (p) hereof, whether or not repeated violations are found.
[Added 6-15-2004 by Bill No. 04-2[1]]
(o)
Repair by Department. The County Department
designated by the County Commissioners to administer and enforce this
subtitle may, with the consent of the property owner, enter upon properties
having leaks and repair the same at the expense of the property owner
which said cost shall be added to the water bill for the property.
In the event the Department is unable to contact the owner of a property
upon which there is a leak and the leak, in the estimation of the
Department, will result in significant loss of water or a significant
rise in the water bill of the property owner, the Department may repair
the leak and add the cost thereof to the water bill for the property
upon which the repair is made. Such amounts added to water bills shall
become a lien upon the property and shall be collectable as any other
water bill.
[Added 6-15-2004 by Bill No. 04-2]
(p)
Discontinuance of service. In the event
of repeated violations of the provisions of this section, the County
Commissioners may, after providing an opportunity for a hearing upon
not less than five days notice, terminate water service to the property
of the violator for such period of time as the Commissioners may deem
appropriate.
