[R.O. 2008 §705.130; Code 1968 §28-56; CC 1988
§29-196]
Whenever the water supply of the City is low, or whenever the
pressure maintained in the water storage facilities or water mains
of the City is low, due to conditions of drought or other emergencies
which may arise, it shall be the duty of the Mayor to issue a proclamation
stating the facts and prohibiting any person from using City water
for any purpose other than for essential health, safety and welfare
needs.
[R.O. 2008 §705.140; Code 1968 §28-57; CC 1988
§29-197]
As provided in Section 705.120, the Mayor shall implement provisions of this Article to the extent and for such periods as he/she deems necessary for the protection of human life and safety. Such proclamations shall be in effect for periods at the Mayor's discretion. In his/her proclamation the Mayor may provide for a scheduled implementation of restrictions of water use, or he/she may direct such immediate and total restrictions as are provided for in this Article. The Mayor may issue proclamations amending any previously issued by him/her under this Article. The Mayor may rescind or revoke any proclamations made by him/her should the emergency causing such action be resolved.
[R.O. 2008 §705.150; Code 1968 §28-58; CC 1988
§29-198]
Any proclamation issued by the Mayor within the purview of this
Article shall be posted in at least two (2) public places within the
City and shall also be published at least once in a newspaper generally
circulated within the City.
[R.O. 2008 §705.160; Code 1968 §28-59; CC 1988
§29-199]
Any proclamation issued by the Mayor within the scope of this
Article shall take effect immediately upon its being posted and published,
and shall be in full force and effect until rescinded or revoked by
the Mayor.
[R.O. 2008 §705.170; Code 1968 §28-60; CC 1988
§29-200]
All employees of the City, Water Department and all Police Officers
are empowered to enforce the provisions of this Article. Also, the
City Council shall have the power to appoint any number of persons
necessary to enforce the provisions of this Article, who shall themselves
have the power of special Policemen with the authority to make arrests
for any violations of this Article.
[R.O. 2008 §705.180; Code 1968 §28-61; CC 1988
§29-201]
During times of water emergencies proclaimed by the Mayor, it
shall be the duty of the Mayor and City Administrator to maintain
close coordination with the State's Department of Natural Resources
and such other agencies of the Federal, State, or other local governments
as may have the ability to assist the City during its period of emergency.
[R.O. 2008 §705.190; Code 1968 §28-62; CC 1988
§29-202]
The provisions of this Article shall apply to all persons using
water both within and outside the corporate limit of the City, and
regardless of whether any person, firm, corporation, or institution
using water shall have a contract for water service with the City.
These provisions shall also apply to Rural Water District 1 of the
County.
[R.O. 2008 §705.200; Code 1968 §28-63; CC 1988
§29-203]
A.
In
times of emergency proclaimed as provided in this Article, the following
uses and withdrawals of water by any person shall be prohibited.
1.
Watering yards, namely, the sprinkling, watering, or irrigating of
shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens,
vegetables, flowers, or any other vegetation.
2.
Washing mobile equipment, namely, the washing of automobiles, trucks,
trailers, trailer-houses, railroad cars, or any other type of mobile
equipment.
3.
Cleaning outdoor surfaces, namely, the washing of sidewalks, driveways,
filling station aprons, porches and other outdoor surfaces.
4.
Cleaning buildings, namely, the washing of the outside of dwellings
and of the inside and outside of office and other commercial buildings.
5.
Cleaning equipment and machinery, namely, the washing and cleaning
of any business or industrial equipment and machinery.
6.
Swimming pools, namely, swimming and wading pools not employing a
filter and recirculating system.
7.
Ornamental fountains, namely the operation of any ornamental fountain
or other structure making a similar use of water.
8.
"Escape through defective plumbing", namely, the
escape of water through defective plumbing, which shall mean the knowing
permission for defective plumbing to remain out of repair.
9.
Sale to bulk haulers, namely, the sale of water to non-metered customers
hauling the same to out of town consumers.
10.
Sale to out of town consumers, namely, all bulk or tank sale, coin-operated
facilities where water is sold to persons hauling the same for their
own use.
11.
Automatic or commercial car washes, namely, commercial coin-operated
car wash or any other type of mobile equipment commercial washing
operation.
12.
Cooling water, namely, water used for cooling machinery, air conditioning,
or heating unless such water is recycled within a closed system.
13.
Dust control, namely, water used for the control of dust.
14.
Flushing mains, namely, flushing of water mains by City employees
except to alleviate specific customer complaints.
15.
Use from a fire hydrant, namely, use of water from a fire hydrant
except for fighting fires, human consumption, or use in connection
with animals.
[R.O. 2008 §705.210; Code 1968 §28-64; CC 1988
§29-204]
It is mandatory that within forty-eight (48) hours after the posting of the Mayor's proclamation under this Article all customers with a two (2) inch water meter (this does not include meters strictly for fire protection only) submit a water conservation plan in writing to the Mayor for approval. Such plan shall incorporate all uses prohibited in Section 705.190 of this Article and shall immediately when approved be put into effect. Such plan shall only be approved if average consumption is reduced by fifty percent (50%). Failure to submit such plan shall result in the penalty provisions of this Article being enacted immediately.
[R.O. 2008 §705.220; Code 1968 §28-65; CC 1988
§29-205]
In times of emergency any restrictions imposed on the consumption
of water within the City shall first be levied against industrial,
institutional, and business users, with the Mayor hereby empowered
to limit the consumption of water by industrial, institutional, and
business users to the amount used by such users during the corresponding
month of the year previous to the emergency, a fraction thereof, or
he/she may suspend such services entirely when, in his/her opinion,
the welfare of the City so warrants. If no previous year consumption
data is available, the Mayor shall establish a formula establishing
a consumption average.
[R.O. 2008 §705.230; Code 1968 §28-66; CC 1988
§29-206]
In any proclamation issued by the Mayor pursuant to this Article
curtailing the usage of water by business or industrial customers,
provisions may be made to allow water usage by those businesses and
industries that are, in the Mayor's opinion, necessary for the public
health, safety, and welfare.
[R.O. 2008 §705.240; Code 1968 §28-67; CC 1988
§29-207]
It shall be the responsibility of the City Administrator to
keep current and have available such records of water usage as may
be necessary to implement the provisions of this Article, including
the amount of water available for sale by the City and that normally
consumed by its several customers.
[R.O. 2008 §705.250; Code 1968 §28-68; CC 1988
§29-208]
The restrictions herein imposed on the consumption of water
within the City shall apply to residential users to the extent that
the Mayor may also restrict the usage of water to certain hours of
the day, divide the City into sections for the purpose of alternating
water service on a scheduled basis, besides making applicable to such
customers provisions of the preceding Sections of this Article. The
Mayor is also hereby empowered to limit the consumption by residential
users to the amount used by such users during the corresponding month
of the year previous to the emergency, a fraction thereof, or he/she
may suspend such services entirely when, in his/her opinion, such
customer does not intend to practice water conservation at the expense
and general welfare of other citizens. If no previous year consumption
data is available, the Mayor shall establish a formula establishing
a consumption average.
[R.O. 2008 §705.260; Code 1968 §28-69; CC 1988
§29-209]
Notwithstanding other provisions set forth in this Article,
the Mayor shall have the authority to permit a reasonable use of water
in any case necessary to maintain adequate health and sanitation standards.
[R.O. 2008 §705.270; Code 1968 §28-70; CC 1988
§29-210]
Whenever a customer of the Water Department continues to violate
the provisions of this Article, the Mayor may have such customer's
water service disconnected at the water main and all costs for such
disconnection shall be payable by such customer. Reinstatement of
such service shall be at the discretion of the Mayor.
[R.O. 2008 §705.280; Code 1968 §28-71; CC 1988
§29-211]
The Mayor, with the approval of the City Council, is hereby
empowered to increase the costs of water service by fifty percent
(50%) during an emergency if a customer violates the provisions of
this Article.
[R.O. 2008 §705.290; Code 1968 §28-72; CC 1988
§29-212]
Any person who uses any water furnished by the City in violation of this Article shall be deemed guilty of a misdemeanor, and upon conviction may be punished as provided in Section 100.170 of this Code.
