Chapter 15 · Utilities

Article 6. Water Conservation

Sections 15-601 to 15-620 · 20 sections

15-601 Purpose.

The purpose of this article is to provide for the declaration of a water supply watch, warning or emergency and the implementation of voluntary and mandatory water conservation measures throughout the city in the event such an watch, warning or emergency is declared.

(Ord. 15-1995, Sec. 1)

15-602 Definitions.

(a)Water — shall mean water available to the treated water introduced by the city into its water distribution system, including water offered for sale at any coin-operated site.

(b)Customer — shall mean the customer of record using water for any purpose from the city’s water distribution system and for which either a regular charge is made or, in the case of coin sales, a cash charge is made at the site of delivery.

(c)Waste of Water — includes, but is not limited to (1) permitting water to escape down a gutter, ditch, or other surface drain; or (2) failure to repair a controllable leak of water due to defective plumbing.

(d)The following classes of uses of water are established:

Class 1: Water used for outdoor watering, either public or private, for gardens, lawns, trees, shrubs, plants, parks, golf courses, playing fields, swimming pools or other recreational areas; or the washing of motor vehicles, boats, trailers, or the exterior of any building or structure.

Class 2: Water used for any commercial or industrial, including agricultural, purposes; except water actually necessary to maintain the health and personal hygiene of bona fide employees while such employees are engaged in the performance of their duties at their place of employment.

Class 3: Domestic usage, other than that which would be included in either Classes 1 or 2.

Class 4: Water necessary only to sustain human life and the lives of domestic pets and maintain standards of hygiene and sanitation.

(Ord. 15-1995, Sec. 2)

15-603 Declaration of a water watch.

Whenever the governing body of the city finds that conditions indicate that the probability of a drought or some other condition causing a major water supply shortage is rising, it shall be empowered to declare, by resolution, that a water watch exists and that it shall take steps to inform the public and ask for voluntary reductions in water use. Such a watch shall be deemed to continue until it is declared by resolution of the governing body to have ended. The resolutions declaring the existence and end of a water watch shall be effective upon their publication in the official city newspaper.

(Ord. 15-1995, Sec. 3)

15-604 Declaration of a water warning.

Whenever the governing body of the city finds that drought conditions or some other condition causing a major water supply shortage are present and supplies are starting to decline, it shall be empowered to declare by resolution that a water warning exists and that it will recommend restrictions on nonessential uses during the period of the warning. Such a watch shall be deemed to continue until it is declared by resolution of the governing body to have ended. The resolutions declaring the beginning and ending of the water warning shall be effective upon their publication in the official city newspaper.

(Ord. 15-1995, Sec. 4)

15-605 Declaration of a water emergency.

Whenever the governing body of the city finds that an emergency exists by reason of a shortage of water supply needed for essential uses, it shall be empowered to declare by resolution that a water supply emergency exists and that it will impose mandatory restrictions on water use during the period of the emergency. Such an emergency shall be deemed to continue until it is declared by resolution of the governing body to have ended. The resolutions declaring the existence and end of a water watch shall be effective upon their publication in the official city newspaper.

(Ord. 15-1995, Sec. 5)

15-606 Voluntary conservation measures.

Upon the declaration of a water watch or water warning as provided in sections 15-603:604, the mayor (or the city manager) is authorized to call on all water consumers to employ voluntary water conservation measures to limit or eliminate non-essential water uses including, but not limited to, limitations on the following uses:

(a)Sprinkling of water on lawns, shrubs or trees (including golf courses).

(b)Washing of automobiles.

(c)Use of water in swimming pools, fountains and evaporative air conditioning systems.

(d)Waste of water.

(Ord. 15-1995, Sec. 6)

15-607 Mandatory conservation measures.

Upon the declaration of a water supply emergency as provided in section 15-605, the mayor (or the city manager) is also authorized to implement certain mandatory water conservation measures, including, but not limited to, the following:

(a)Suspension of new connections to the city’s water distribution system, except connections of fire hydrants and those made pursuant to agreements entered into by the city prior to the effective date of the declaration of the emergency;

(b)Restrictions on the uses of water in one or more classes of water use, wholly or in part;

(c)Restrictions on the sales of water at coin-operated facilities or sites;

(d)The imposition of water rationing based on any reasonable formula including, but not limited to, the percentage of normal use and per capita or per consumer restrictions;

(e)Complete or partial bans on the waste of water; and

(f)Any combination of the foregoing measures.

(Ord. 15-1995, Sec. 7)

15-608 Emergency water rates.

Upon the declaration of a water supply emergency as provided in section 15-605, the governing body of the city shall have the power to adopt emergency water rates by ordinance designed to conserve water supplies. Such emergency rates may provide for, but are not limited to:

(a)Higher charges for increasing usage per unit of the use (increasing block rates);

(b)Uniform charges for water usage per unit of use (uniform unit rate); or

(c)Extra charges in excess of a specified level of water use (excess demand surcharge).

(Ord. 15-1995, Sec. 8)

15-609 Regulations.

During the effective period of any water supply emergency as provided for in section 15-605, the mayor (or city manager or water superintendent) is empowered to promulgate such regulations as may be necessary to carry out the provisions of this article, any water supply emergency resolution, or emergency water rate ordinance. Such regulations shall be subject to the approval of the governing body at its next regular or special meeting.

(Ord. 15-1995, Sec. 9)

15-610 Violations, disconnections and penalties.

(a)If the mayor, city manager, water superintendent, or other city official or officials charged with implementation and enforcement of this article or a water supply emergency resolution learn of any violation of any water use restrictions imposed pursuant to sections 15-607 or 15-609 of this article, a written notice of the violation shall be affixed to the property where the violation occurred and the customer of record and any other person known to the city who is responsible for the violation or its correction shall be provided with either actual or mailed notice. The notice shall describe the violation and order that it be corrected, cured or abated immediately or within such specified time as the city determines is reasonable under the circumstances. If the order is not complied with, the city may terminate water service to the customer subject to the following procedures:

(1)The city shall give the customer notice by mail or actual notice that water service will be discontinued within a specified time due to the violation and that the customer will have the opportunity to appeal the termination by requesting a hearing scheduled before the city governing body or a city official designated as a hearing officer by the governing body.

(2)If such a hearing is requested by the customer charged with the violation, he or she shall be given a full opportunity to be heard before termination is ordered; and

(3)The governing body or hearing official shall make findings of fact and order whether service should continue or be terminated.

(b)A fee of $50 shall be paid for the reconnection of any water service terminated pursuant to subsection (a). In the event of subsequent violations, the reconnection fee shall be $200 for the second violation and $300 for any additional violations.

(c)Violation of this article shall be a code violation and may be prosecuted in municipal court. Any person so charged and found guilty in municipal court of violating the provisions of this article shall be guilty of a code violation. The penalty for an initial violation shall be a fine of no more than $100 and/or the customer may be sentenced to a term of confinement not to exceed 30 days. The penalty for a second or subsequent conviction shall be a fine of no more than $200 and/or the customer may be sentenced to a term of confinement not to exceed 30 days.

(Ord. 15-1995, Sec. 10))

15-611 Emergency termination.

Nothing in this article shall limit the ability of any properly authorized city official from terminating the supply of water to any or all customers upon the determination of such city official that emergency termination of water service is required to protect the health and safety of the public.

(Ord. 15-1995, Sec. 11)

15-612 Severability.

If any provision of this article is declared unconstitutional, or the application thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this article and its applicability to other persons and circumstances shall not be affected thereby.

(Ord. 15-1995, Sec. 12)

15-613 Planting of buffalo grass.

The city will give a credit which will be applied to a customer’s utility bill if a Buffalo Grass lawn or turf is planted in accordance to city specifications. The rebate will only be given to those who are water utility customers.

(Ord. 28-1997, Sec. 1)

15-614 Same; improved buffalo grass varieties.

Only improved varieties of Buffalo Grass will be eligible for the rebate.

(Ord. 28-1997, Sec. 2)

15-615 Same; rate of seeding.

A minimum of 1.5 Pure Live Seed (PLS) pounds must be planted per 1,000 square feet of area and a maximum of three PLS pounds may be planted per 1,000 square feet of area.

(Ord. 28-1997, Sec. 3)

15-616 Same; date of seeding.

Only Buffalo Grass lawn or turf planted or plugged between May 1st and July 1st will be eligible for the rebate program.

(Ord. 28-1997, Sec. 4)

15-617 Same; seed analysis required.

All those wishing to receive a rebate must provide a seed analysis of the seed which will be planted.

(Ord. 28-1997, Sec. 5)

15-618 Same; rebate procedure.

Those wishing to receive a rebate must complete an application available from the city. The completed application must be accompanied by a proof of purchase.

(Ord. 28-1997, Sec. 6)

15-619 Same; plugging allowed.

The above mentioned rebate program will be available for those who plug their lawn of turf with an improved variety of Buffalo Grass.

(Ord. 28-1997, Sec.7)

15-620 Same; rebate program expires.

No rebates will be given under this program after September 30, 1998.

(Ord. 28-1997, Sec. 9)