[HISTORY: Adopted by the Council of the City of Beacon 3-4-2002 by
L.L. No. 8-2002. Amendments noted where applicable.]
GENERAL REFERENCES
Water — See Ch. 219.
Due to a significant shortfall of precipitation, a major leak, a system
failure, or excessive consumption beyond the capacity of the system, etc.,
and as a result of the above unless consumption of water in the City of Beacon
water system is substantially reduced the water system will be unable to supply
sufficient potable water to meet the basic needs of the citizens of the City
of Beacon and the Mayor of the City of Beacon has, in light of these conditions,
found the City of Beacon water system to be in a state of water emergency,
the Mayor must accordingly exercise the authority to mandate such measures
as are necessary to reduce consumption of water with the City of Beacon water
system to a level sufficient to preserve an adequate supply of water to meet
the City's basic water needs. The Mayor, upon a finding that an imminent peril
to the public health and safety exists, may adopt the following regulations
as emergency measures to prevent the waste of water:
A.
Stage I: 60% of reservoir capacity.
(1)
No person or entity shall cause, permit or allow:
(a)
The continuing leak or waste from any water pipe, valve,
faucet, conduit, equipment, facility, or device connected to the City of Beacon
water system, or which utilizes City of Beacon water, on or in any premises
owned, leased, managed, operated, or controlled by such person or entity.
(b)
The washing of any vehicle by means of a hose, fire hydrant,
or other active source connection to the City of Beacon water system, except
a commercial vehicle washing operation if equipment has been installed and
is utilized so that at least 50% of the water used is recirculated by means
of a system approved by the Department, or high-pressure restrictor hoses
may be used in a coin-operated car wash.
(c)
The washing of any street, sidewalk, driveway, outdoor
area, outdoor steps, building exterior, or other structures by means of a
hose, fire hydrant, or other active source connected to the City of Beacon
water system or which utilizes City of Beacon water.
(d)
The use of water from any source for any ornamental purpose,
including but not limited to use in fountains, artificial waterfalls, reflecting
pools, lakes and ponds.
(e)
The use of water from the City of Beacon water system
to water any lawn, golf course, ornamental shrub, plant, or tree, except that:
[1]
City of Beacon water may be used to water any lawn, tree,
shrub, garden or golf course, greens and tees only from 7:00 p.m. to 8:00
p.m. and 10:00 p.m. to 11:00 p.m.
[2]
City of Beacon water may be used at any time to irrigate,
from a hand-held container, vegetables or fruits for human consumption.
[3]
Plant nurseries and other commercial users engaged in
the business of growing, distributing, or selling plants may use such water
on their business premises for watering ornamental shrubs, plants, or trees,
provided that each user reduces its use of water by 15% or such other percentages
as may (hereafter) be prescribed for nonresidential water users.
(f)
The opening or use of any fire hydrant, or of the water
there from, for any purpose other than fire protection except in accordance
with a permit obtained from the Water Department and only for the period of
and the purpose authorized by such permit and in strict adherence to all terms
and conditions set forth therein.
(g)
The operation of an air-conditioning system utilizing
water from the City of Beacon water system in a cooling tower, unless within
30 days from the effective date of this chapter a separate meter is installed
to continuously measure the flow of water to the cooling tower or the water
is recirculated.
(h)
The operation of any air-conditioning system in excess
of two tons of rated capacity or greater or any refrigeration unit rated at
10 horsepower or greater using water from the City of Beacon water system
unless such air-conditioning system or refrigeration unit is equipped with
a water recirculating device approved by the Department.
(i)
The use of water from the City of Beacon water system
to fill or maintain the water level in any swimming pool, except that, provided
the pool is operated with recirculating equipment, City water may be used
to fill the pool once during each calendar year and thereafter may be used
as necessary to maintain the water level in such pool.
(2)
Each nonresidential user of water from the City of Beacon
water system shall prepare and retain a water consumption reduction plan enabling
it to reduce its use of water in stages of 15%, 20% and 25% based upon its
water consumption during the calendar year. Such plans shall be designed to
achieve and maintain a reduction of 15%, 20% or 25% immediately upon the declaration
of a Stage I, Stage II or Stage III emergency, respectively. Each such user
shall promptly implement the first phase of its plan during Stage I and shall
reduce its consumption by 15%. On and after 30 days from the effective date
of this chapter, each such user shall have its water consumption reduction
plan available at all times for inspecting and copying by employees of the
Department.
B.
Stage II: 40% of reservoir capacity or one well out of service. If at any time the Water Superintendent determines that the measures set forth under Stage I of this chapter have not resulted in a sufficient level of conservation in light of existing water supply conditions, a Stage II drought emergency shall be declared. Upon declaration of a Stage II emergency, in addition to those measures set forth herein above, and in place of Subsection A(1)(e)[1] and [2] and (i) under Stage I:
(1)
No person or entity shall cause, permit, or allow:
(a)
The use of water from the City of Beacon water system
to fill or maintain the water level in any swimming pool.
(b)
The use of water from the City of Beacon water system
to water any lawn, golf course, ornamental shrub, or plant, except that City
of Beacon water may be used to irrigate with a hand-held container vegetables
or fruits grown for human consumption.
(2)
Each nonresidential City of Beacon water system water
user shall fully implement its Stage II water consumption plan and shall immediately
reduce use of water by no less than 20%.
C.
Stage III: 20% of reservoir capacity. If, after the imposition
of the measures set forth in Stage II of this section, the Water Superintendent
finds that water consumption must be further reduced, a Stage III emergency
shall be declared and, in addition to the measures set forth hereinabove:
(1)
All nonresidential users of water from the City of Beacon
water system shall reduce their consumption by no less than 25%.
(2)
All users, both residential and nonresidential, shall
install water-flow-restricting devices on all shower heads.
(3)
All air-conditioning systems utilizing water from the
City of Beacon water system shall be operated only in accordance with hourly
restrictions established by the Water Superintendent.
A.
Violations of this chapter shall be punishable by the general penalty provisions of § 1-3 of the Beacon Code.
B.
In addition to any penalties which may be imposed by
the Beacon Code, where a leak and waste notice has been served in accordance
with City regulations and the condition to which such notice relates has not
been corrected, a penalty of up to $50 per day may be imposed by the Water
Superintendent and added to the water rents re-levied on the tax rolls.
C.
Water service may be terminated for violations of any
provision of this chapter or for any waste of water.
A.
Upon the application of any person or entity, the City
Council may, at its discretion, grant a variance relieving such person or
entity from compliance with any of the requirements of this chapter if such
person or entity demonstrates to the satisfaction of the City Council that:
(1)
Undue hardship would otherwise result.
(2)
There are no possible alternatives.
(3)
The applicant has taken and will take all possible measures
to conserve water, with a complete description of such measures and the water
savings to be effective.
(4)
Such a variance is not inconsistent with the purpose
of this chapter.
B.
In connection with any variance which may be granted,
the City Council shall impose such terms and conditions as it deems appropriate.
This chapter may be placed in effect by resolution of the City Council
and remain in effect until modified or until the drought emergency has been
declared terminated.
