[CC 1977 §35-1; Ord.
No. 2692 §1, 1-15-2001]
For the purposes of this Chapter, the word "utility" shall be construed to mean and include water, sewer, electricity
and/or any other utility service furnished by the City to consumers
thereof.
[CC 1977 §35-2; Ord.
No. 2692 §1, 1-15-2001]
The waterworks and sewerage system of the City, including all
improvements and extensions thereto is hereby combined and shall be
operated and maintained as a combined waterworks and sewerage system.
[CC 1977 §35-3; Ord.
No. 2692 §1, 1-15-2001]
All pertinent provisions of this Chapter are hereby made a part
of the terms and conditions whereby the City shall furnish any utility
service to any person or whereby the City shall make any utility connections
or perform any work of any kind in connection with the furnishing
of any utility service pursuant to the rules and regulations of the
Board of Aldermen.
[CC 1977 §35-4; Ord.
No. 2692 §1, 1-15-2001]
All utility service furnished under the provisions of this Chapter
shall be in accordance with and in compliance with all applicable
technical provisions of this Code, State law and City ordinances,
rules and regulations.
[CC 1977 §35-5; Ord.
No. 2692 §1, 1-15-2001]
The Board of Aldermen shall have the authority to establish
by rule or regulation such standards and specifications as may be
deemed necessary for the installation, construction and maintenance
of any utility service system owned and operated by the City within
or without the City and under the management of the Board. Such rules,
regulations, standards and specifications shall be filed in the office
of the City Clerk. Violation of such rules, regulations, standards
and specifications shall be deemed a misdemeanor.
[CC 1977 §35-6; Ord.
No. 2692 §1, 1-15-2001]
A.
The
City shall have the right to disconnect or refuse to connect or reconnect
any utility service for the following reasons:
1.
Failure to meet the applicable provisions of law;
2.
Violation of the rules and regulations pertaining to utility service;
3.
Non-payment of bills;
4.
Willful or negligent waste of service due to improper or imperfect
pipes, fixtures, appliances or otherwise;
5.
Molesting any meter, seal or other equipment controlling or regulating
the supply of utility service;
6.
Theft or diversion and/or use of service without payment therefor;
7.
Vacancy of premises.
[CC 1977 §35-7; Ord.
No. 2692 §1, 1-15-2001]
The City shall not be liable for any damage of any customer
of any utility service furnished by the City due to backflow of the
sewerage system, failure of supply, interruption of service or any
other cause outside the direct control of the City.
[CC 1977 §35-8; Ord.
No. 2692 §1, 1-15-2001; Ord. No. 3580, 3-7-2022]
Prior to receiving any municipal utility service, a written
application for service shall be made to the City. Such application
shall be considered a contract between the owner or occupant of the
premises served and the City wherein the owner or occupant agrees
to abide by the regulations and ordinances of the City of Harrisonville
as a condition of receiving any municipal utility service. If the
owner or occupant receives any municipal utility service without a
written application being made to the City, such service is rendered
at the convenience of the City and may be disconnected without notice
for failure to make the required application. All contracts for municipal
utility service shall be signed in the true name of the customer actually
to receive and use such service, unless otherwise permitted by the
City in its discretion and shall list all adult occupants of the residence.
Credit will be established in the account service name. This may consist
of the head of household or joint applicants. Any change in the identity
of the contracting customer at a premises shall require a new application.
The City may discontinue any municipal utility service until such
new application has been made and accepted by the City. An applicant(s)
who has made application for any municipal utility service to a premises
shall be held liable for all municipal utility service furnished to
such premises pursuant to such application until such time as the
customer properly notifies the City to discontinue the service for
the account. The municipal utility service provided to each customer
shall be for the sole use of such customer(s) on the premises described
in the application for utility service and resale or submetering of
any utility service by such customer is prohibited, except by special
arrangement with the Board of Aldermen. Electric vehicle charging
stations, defined as an installation for the retail sales of electric
vehicle charging services, and pursuant to Section 386.020(15)(c),
RSMo.; shall be permitted. Initial electric vehicle charging station
installations, both commercial electric vehicle charging stations
and individual electric vehicle charging stations, shall apply for
a building permit for installation and construction inspection and
final approval; and shall obtain approval for electric utility service
from the City of Harrisonville Electric Department.
[CC 1977 §35-9; Ord.
No. 2692 §1, 1-15-2001]
The City may decline or fail or cease to furnish utility service
to any person who may be in debt to the City for any reason, except
ad valorem taxes and special assessments. This Section shall apply
to all occupants of a residence receiving service, regardless of the
name of the utility account holder.
[CC 1977 §35-10; Ord.
No. 2692 §1, 1-15-2001]
Approval of the application for any utility service by the Board
of Aldermen shall be deemed permission for such service.
[CC 1977 §35-11; Ord.
No. 2692 §1, 1-15-2001]
All premises connected to any utility service of the City shall
be assumed to be using such utility service and the owner or occupant
shall be charged therefor so long as such premises shall remain connected
with the utility service.
[CC 1977 §35-12; Ord.
No. 2692 §1, 1-15-2001]
Any person having a permit from the City for the use of any
utility service offered by the City who shall use such utility service
for any purpose other than mentioned in such permit or who shall make
any unauthorized changes in such service shall be deemed guilty of
a misdemeanor.
[CC 1977 §35-13; Ord.
No. 2692 §1, 1-15-2001]
It shall be unlawful for any person, not having authority to
do so, to open any water hydrant or tamper with any utility service
furnished by the City to consumers or to in any other way molest,
damage or trespass upon any equipment or premises belonging to the
City connected with any utility service. All instances of tampering
will be investigated by the City, and a tampered meter charge may
be assessed against the utility account.
[CC 1977 §35-14; Ord.
No. 2692 §1, 1-15-2001]
The City hereby reserves the right to at any time restrict or
prevent the use of any utility service furnished by the City during
periods of emergency or circumstances demanding such restriction or
prevention of use.
[CC 1977 §35-15; Ord.
No. 2692 §1, 1-15-2001]
The City reserves the right to cut off any utility service without
notice in case of emergencies. When an interruption in service is
necessary for the maintenance and improvement of the utility system,
affected customers will be notified as circumstances permit.
[CC 1977 §35-16; Ord.
No. 2692 §1, 1-15-2001; Ord. No. 3580, 3-7-2022]
It shall be unlawful for any person to resell any utility service
obtained from the City to others except only by special arrangement
with the Board of Aldermen. Electric vehicle charging stations, defined
as an installation for the retail sales of electric vehicle charging
services, and pursuant with Section 386.020(15)(c), RSMo.; shall be
permitted. Initial electric vehicle charging station installations,
both commercial electric vehicle charging stations and individual
electric vehicle charging stations, shall apply for a building permit
for installation and construction inspection and final approval; and
shall obtain approval for electric utility service from the City of
Harrisonville Electric Department.
[CC 1977 §35-17; Ord.
No. 2692 §1, 1-15-2001]
Connections for any utility service furnished by the City shall
be made only under the supervision of the City.
[Ord. No. 3216 §1, 9-24-2012; Ord. No. 3375 §§ 1 – 2, 8-15-2016]
An approved Net Metering application signed by the customer-owner
shall be required before any permits will be issued for the installation
of any customer-generator equipment. Such application shall not be
approved unless receipt of the "Interconnection Standards for Installation
and Parallel Operation of Customer Owned Renewable Electric Generation
Facilities 100kW or Less" has been acknowledged in writing by the
customer-owner at the City of Harrisonville Electric Department, 2108
Royal Street, Harrisonville, MO.
[1]
Editor's Note — The application for net metering is
on file in the city offices.
[CC 1977 §35-18; Ord.
No. 2692 §1, 1-15-2001]
Any person who shall make any connection in any manner to any
utility system, whether owned by the City or not, without the prior
knowledge and consent of the owner of such utility system shall be
deemed guilty of a misdemeanor.
[CC 1977 §35-19; Ord.
No. 2692 §1, 1-15-2001]
No person, other than employees of the City, shall be authorized
to connect, turn on, turn off or disconnect any utility service offered
by the City or remove, replace or repair any equipment connected to
any such utility service.
[CC 1977 §35-20; Ord.
No. 2692 §1, 1-15-2001]
The consumer of any utility service furnished by the City shall
maintain and keep in good repair all connections, appliances and other
apparatus installed and used in connection with such utility service.
[CC 1977 §35-21; Ord.
No. 2692 §1, 1-15-2001]
A.
The
City will be responsible for maintenance of water service lines between
the water main and the water meter or property line, whichever is
closer to the water main.
B.
In
existing water service lines where the water meter is not located
on public property, the City reserves the right to install a water
shutoff valve at the property line and, in the event of a leak, to
discontinue water service until the leak is repaired.
C.
For
new water service connections, the material shall be Type K copper
between the main and the meter.
[Ord. No. 3240 §1, 8-5-2013; Ord. No. 3412 §
4, 7-17-2017]
[CC 1977 §35-22; Ord.
No. 2692 §1, 1-15-2001]
A.
Any
franchise of the City will seek a permit from the Public Works Director,
in writing, before beginning construction involving new lines or construction
involving relocating existing lines, so that a review may occur involving
all public works departments.
B.
The
City will issue a permit authorizing or denying the requested construction.
If the City has not responded within ten (10) business days of the
receipt of written request, grantee may proceed with the planned construction
as described. Any notification by the City halting or delaying the
activity shall describe the City's objection(s) to the plan.
C.
A permit
is not required prior to the start of construction when emergency
or extraordinary circumstances exist, including when immediate construction
is necessary to protect the public's health safety or welfare or when
conducted at the request of the City, the Police Department, the Fire
Department or other similar local, State or Federal agency. In the
event of an emergency or extraordinary circumstance, grantee will
seek a permit from the Public Works Director or some other representative
designated by the City within three (3) business days of the start
of construction.
[Ord. No. 3286 §§1 — 2, 10-20-2014]
A.
Purpose. The purpose of this Section is:
B.
Application. This Section shall apply to all premises
served by the public drinking water system of the City.
C.
Policy. This Section will be reasonably interpreted
by the water purveyor. It is the purveyor's intent to ban the use
of lead-based material in the construction or modification of the
City's drinking water system or private plumbing connected to the
City system. The cooperation of all consumers is required to implement
the lead ban. If, in the judgment of the water purveyor or his authorized
representative, lead-based materials have been used in new construction
or modifications after January 1, 1989, due notice shall be given
to the consumer. The consumer shall immediately comply by having the
lead-based materials removed from the plumbing system and replaced
with lead-free materials. If the lead-based materials are not removed
from the plumbing system, the water purveyor shall have the right
to discontinue water service to the premises.
D.
CONSUMER
LEAD-BASED MATERIALS
LEAD-FREE
PUBLIC DRINKING WATER SYSTEM
WATER PURVEYOR
Definitions. The following definitions shall apply
in the interpretation and enforcement of this Section:
The owner or person in control of any premises supplied by
or in any manner connected to a public water system.
Any material containing lead in excess of the quantities
specified in the definition of "lead-free."
Any publicly or privately owner water system supplying water
to the general public which is satisfactory for drinking, culinary
and domestic purposes and meets the requirements of the Missouri Department
of Natural Resources.
The owner, operator, or individual in responsible charge
of a public water system.
[Ord. No. 2715 §1(35-28), 7-16-2001]
A.
The
drilling and/or use of individual water wells within the City limits
of Harrisonville, Missouri, is prohibited. This requirement shall
not apply in the following instances:
1.
On parcels of land in excess of twenty (20) acres, zoned "A" agriculture
and used for agricultural purposes.
2.
On parcels of land in excess of twenty (20) acres, zoned commercial
or industrial and specifically used for irrigation purposes.
3.
On parcels of land owned by the City of Harrisonville.
4.
Any such well currently in use may continue in use so long as the
well is regularly operated and maintained. Any existing water well
which ceases to be used for a period of thirty (30) days shall be
deemed abandoned and must be closed within thirty (30) days in accordance
with the Missouri Department of Natural Resources regulations and
no longer utilized.
[CC 1977 §16-1; Ord.
No. 1657 §§1 — 10, 6-15-1988]
A.
When City Administrator Authorized To Declare. The City
Administrator is hereby authorized to declare an emergency situation
any time one and five-tenths (1.5) million gallons of water are used
per day or any time, because of water line breaks, fire or other emergency
situation, the water system is endangered.
B.
Prohibited Activities During Emergency. After an emergency
situation is declared, no person, firm or corporation shall cause
or permit the use of water from the distribution system of the City
of Harrisonville, Missouri, for any of the following purposes:
1.
The sprinkling, watering or irrigating of shrubbery, trees, lawn
grass, ground cover, plants, vines, vegetables, flowers or any other
vegetation;
2.
The washing of automobiles, trucks, trailers except at commercial
car washes;
3.
Cleaning of walks, driveways or building exteriors;
4.
Filling of private swimming pools; and
5.
Watering of livestock.
C.
Leaks In Water Service Lines Prohibited. No person, firm
or corporation shall permit a leak to exist in the water service line
on their premises so as to waste water unnecessarily.
D.
Restrictions Applicable Only To Water Purchased Through Municipal
Water Supply. The uses of water herein restricted and regulated
shall apply only to water purchased through the municipal water supply.
E.
Violation Declared Nuisance. It is hereby declared to be a public nuisance against the City of Harrisonville, Missouri, to make use of water in violation of the restricted use of water set forth in Subsections (B) and (C) herein, such uses or practices being detrimental to the health, welfare and safety of the citizens of Harrisonville, Missouri.
F.
Penalty For First And Second Offense. Violation of any Subsection
of this Section shall be considered a misdemeanor and each violation
shall be deemed a separate offense. First time violators shall receive
a written warning. Second time violators shall be punishable upon
conviction thereof or a plea of guilty thereto by a fine as established
in the City's Comprehensive Schedule of Fees[2] and in addition thereto as a part of said judgment, the
Municipal Judge may order and adjudge the public nuisance to be abated
at the cost of the owner.
[Ord. No. 3650, 5-1-2023]
[2]
Editor's Note: The Comprehensive Schedule of Fees is on file
in the City offices.
G.
Penalty For Third Violation. Upon any third violation hereof,
the City Administrator may cause the City supply of water to the premises
where the violation occurred to be restricted in volume or shut off
until the emergency is over. The finding by the City Administrator
that a violation exists shall be final and conclusive upon all parties
concerned and he/she shall make such findings by giving such violator
written notice of such violation and notice to cease and desist immediately.
H.
Severability. Each separate provision of this Section shall
be deemed independent of all other Subsections herein and, if any
provision of this Section is declared invalid, all other provisions
thereof shall remain valid and enforceable.
