City of Dover, NH Article V Water System Use

[Adopted 7-25-2018 by Ord. No. 2018.07.11 (Ch. 148, Art. II, of the 2013 Code)]

§ 121-49 Purpose.

The purpose of this article is to protect public health, welfare and safety, as well as the City's water system during an emergency water shortage.

§ 121-50 Authority.

The provisions of this regulation are adopted pursuant to RSA 38:26 and 47:17, XV.

§ 121-51 Emergency water shortage.

Whenever an emergency exists by reason of a shortage of water due to drought conditions, inadequate supply, limited treatment or distribution capacity, or failure of equipment, material or infrastructure, the City Manager is authorized to restrict or prohibit the use of water from the City water system. Such restriction and/or prohibition of the use of water from the City water system shall be implemented in the following manner:

A. Declaration of emergency. A water emergency exists whenever the City Manager makes a written determination that the City's water system is unable to or will, within 60 days of such written determination, become unable to supply the full commercial, domestic and residential needs of the users of the City's water system, including needs for adequate fire protection, based on average water system usage over the prior twenty-four-month period, or whenever drought conditions exist as defined in § 121-56.

B. Issuance of notice of emergency. Upon the declaration of a water emergency, the City Manager shall issue a written emergency notice declaring the emergency and setting forth with particularity an order restricting the use of water from the City's water system.

(1) Such order may:

(a) Restrict water system usage during certain periods during the day or week or according to any orderly and nondiscriminatory scheme; and

(b) Prohibit water system usage not essential to public health and safety.

(2) The order, as issued, may be revised from time to time as the City Manager deems necessary.

C. Public notification of emergency.

(1) Publication and/or posting of notice. The written emergency notice provided for in Subsection B above shall be published in a newspaper of general circulation within 72 hours after the issuance of such notice. In addition to publication as provided for in the previous sentence, the written emergency notice shall be posted in two places within the City, one of which may be the City website. The water emergency and the emergency restriction and/or prohibition of water usage shall be in full force and effect upon the earlier of the compliance with the publication or posting requirements set forth in this subsection. Substantial compliance with this subsection shall be sufficient to implement the effect of the emergency notice.

(2) Immediate threat to public health or safety. Whenever a sudden or unexpected event so reduces the availability of water or water pressure as to create an immediate threat to public health or safety, the emergency notice provided for in the preceding subsection may be given by any reasonable means, including electronic means. The water emergency and any restrictions and/or prohibition of water usage promulgated therewith shall be in full force and effect upon the giving of such notice, provided that, if any such means is other than that required in Subsection C(1), the emergency notice shall be promulgated in accordance with the provisions of Subsection C(1) within 72 hours of the first emergency notice.

D. Length of emergency. A duly proclaimed water emergency shall continue and the terms of the restriction and/or prohibition of water uses as set forth in the written emergency notice shall be in force until such time as the City Manager shall cause to be published a notice that the emergency has ended consistent with Subsection C above, unless the City Council, by resolution, extends the emergency notice.

E. Appeals of water emergency declaration. Any person aggrieved by a declaration of water emergency by the City Manager shall have the right to present the matter, in writing, to the next regular or special meeting of the City Council or any emergency session of the Council called to discuss the water emergency. The City Council may exempt such aggrieved person, in whole or in part, from the compliance with such order upon a showing that compliance with such order creates an immediate threat to such person's health or safety. A ruling by a majority vote of the City Council with regard to such appeal shall be final and binding. Until and unless the action of the City Manager is modified or revoked by action of the City Council, all water system usage shall be bound by the terms of the emergency notice issued by the City Manager.

§ 121-52 Violations and penalties.

[Amended 2-12-2020 by Ord. No. 2020.01.08-001]

Any person who, in any manner, directly or indirectly, violates or permits others under his/her custody or control to violate any terms of a duly issued written emergency notice shall be guilty of a violation. Each separate day of water use in violation of such emergency notice shall constitute a separate offense, and each separate prohibited water use in excess of one on the same day shall constitute a separate offense. Violation of this article shall be punishable by a fine as provided in the City Fine Schedule.