[R.O. 2009 §28-1; Ord. No. 3641 §I, 7-26-2006]
A.
Drilling,
digging, enlarging or deepening of water wells or reopening of abandoned
water wells within the boundaries of the City, except by the City,
and the taking of water from wells hereafter dug or drilled within
the City, except by the City, is hereby prohibited.
B.
Residences
that are currently on wells may stay on them until the well is dry
or ceases to operate. At that point in time, these residences must
tap on to the City water main, if within one hundred (100) feet of
the property line.
[R.O. 2009 §28-125; Ord. No. 1574 §1, 5-27-1981]
Whenever the water supply of the City is low or whenever the
pressure maintained in the water towers 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 or
proclamations stating the facts and prohibiting any person from using
City water for any purpose other than for essential health, safety
or welfare needs.
[R.O. 2009 §28-126; Ord. No. 1574 §2, 5-27-1981]
As heretofore provided, 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
proclamations, the Mayor may provide for a scheduled implementation
of restrictions on 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. 2009 §28-127; Ord. No. 1574 §3, 5-27-1981]
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. 2009 §28-128; Ord. No. 1574 §4, 5-27-1981]
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and shall be in full force and effect until rescinded or revoked by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. 2009 §28-129; Ord. No. 1574 §5, 5-27-1981]
All employees of the City Water Department and all Police Officers
are empowered to enforce the provisions of this Article. Also, the
Mayor shall have the power to appoint any number of persons necessary
to enforce the provisions of this Article, who shall themselves have
the powers of special Policemen with the authority to make arrests
for any violations of this Article.
[R.O. 2009 §28-130; Ord. No. 1574 §6, 5-27-1981]
During time of water emergencies proclaimed by the Mayor, it
shall be the duty of the City Administrator to maintain close coordination
with the Missouri Department of Natural Resources and such other agencies
of the Federal, State or other local governments as may have the abilities
to assist the City during its period of emergency.
[R.O. 2009 §28-131; Ord. No. 1574 §7, 5-27-1981]
The provisions of this Article shall apply to all persons using
water both within and outside the corporate limits 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.
[R.O. 2009 §28-132; Ord. No. 1574 §8, 5-27-1981]
A.
In times
of emergency proclaimed as herein provided, 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.
Sale to bulk haulers. Namely, the sale of water to non-metered
customers hauling the same to out-of-town consumers.
9.
Sale to out-of-town consumer. Namely, all bulk or tank sale,
coin-operated facilities where water is sold to persons hauling the
same for their own use.
10.
Automatic or commercial car washes. Namely, commercial coin-operated
car wash or any other type of mobile equipment commercial washing
operation.
11.
Cooling water. Namely, no water is to be used for cooling
machinery, air-conditioning or heating, unless said water is recycled
within a closed system.
12.
Dust control. Namely, no water is to be used for the control
of dust.
13.
Flushing mains. Namely, no flushing of water mains by Festus
City Water Department employees, except to alleviate specific customer
complaints.
[R.O. 2009 §28-133; Ord. No. 1574 §9, 5-27-1981]
It is mandatory that within forty-eight (48) hours after the posting of the Mayor's proclamation, all customers with a two (2) inch water meter (this does not include meters strictly for fire protection only) shall submit a water conservation plan in writing to the Mayor for approval. Said plan shall incorporate all uses prohibited in Section 700.090 of this Article and shall immediately, when approved, be put into effect. Said plan shall only be approved if average consumption is reduced by fifty percent (50%). Failure to submit said plan shall result in the penalty provisions of this Article being enacted immediately.
[R.O. 2009 §28-134; Ord. No. 1574 §10, 5-27-1981]
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
suspension of such services entirely when, in the Mayor's 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. 2009 §28-135; Ord. No. 1574 §11, 5-27-1981]
In any proclamation issued by the Mayor 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. 2009 §28-136; Ord. No. 1574 §12, 5-27-1981]
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. 2009 §28-137; Ord. No. 1574 §13, 5-27-1981]
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 or make 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, said customer
does not intend to practice water conservation at the expense and
general welfare of other citizens. If no previous year's consumption
data is available, the Mayor shall establish a formula establishing
a consumption average.
[R.O. 2009 §28-138; Ord. No. 1574 §14, 5-27-1981]
Notwithstanding provisions hereinafter set forth, 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. 2009 §28-139; Ord. No. 1574 §15, 5-27-1981]
Whenever a customer of the City water service continues to violate
the provisions of this Article, the Mayor shall have said customer's
water service disconnected at the water main and all costs for said
disconnection shall be payable by said customer. Reinstatement of
said service shall be at the discretion of the Mayor.
