ARTICLE D.  WATER CONSERVATION PROGRAMlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=95903
9-3D-1: WATER WASTE PROHIBITED:
9-3D-2: WATER USE DURING DROUGHT OR EMERGENCIES:
9-3D-3: REGULATIONS DURING DROUGHT CONDITIONS:
9-3D-4: ALLOTMENT SCHEDULE:
9-3D-5: ENFORCEMENT OF WATER CONSERVATION PROGRAM:

9-3D-1: WATER WASTE PROHIBITED:linklink


No water user shall waste water supplied through the distribution facilities of the city. The term "waste" shall include, without limitation:


A. The watering of grass, lawns, ground cover, shrubbery, open ground, crops and trees, including greenbelt, golf course and agricultural irrigation, in a manner or to the extent which allows unreasonable excess water to run off the area being watered. Every water user is deemed to have under his control at all times the water distribution lines and facilities serving his property and is chargeable with knowledge of the manner and extent of his water excess runoff.


B. The washing of sidewalks, walkways, driveways, parking lots and other hard surface areas by direct hosing where unreasonable amounts of such water will run off without secondary benefit. Exceptions are: 1) the washing of residential patios, commercial food service establishment patios, and hard surface areas around swimming pools; 2) the washing of hard surface areas as necessary to prevent or eliminate matters dangerous to the public health and safety, including spillage of foodstuffs and other matter, which cannot be swept, mopped, scraped, shoveled or otherwise removed other than by washing; and 3) for aesthetic purposes the washing of commercial sector sidewalks (not streets) on an as needed (not daily or weekly) basis, for removal of material not otherwise covered in this section.


C. The escape of water through breaks or leaks within any water user's plumbing or distribution system for an unreasonable period of time within which such break or leak should reasonably have been discovered and corrected1. It shall be presumed that a period of forty eight (48) hours after the water user discovers such leak or break, or receives notice from the city of such leak or break, whichever occurs first, is a reasonable time within which to correct, or to implement correction, of such leak or break. (Ord. 16-318, 3-14-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=95903#s1101652
9-3D-2: WATER USE DURING DROUGHT OR EMERGENCIES:linklink

Every water user shall restrict their use of water supplied through the city's distribution facilities to an allotment that may be established from time to time by resolution of the city council and specified in section 9-3D-4 of this article.


A. Use Categories Established: The following water use categories are hereby established:

Category 1: Residential (interior only): Interior residential water use including fire protection and sanitation has the highest priority to continued water service during times of shortage.

Category 2: Institutional (interior only): Interior school and hospital water uses have the second highest priority to continue water service during times of shortage.

Category 3: Commercial and industrial (interior only): Interior commercial and industrial water uses have the third highest priority to continue water service during times of shortage.

Category 4: Other (including all outside use): This category includes all water uses which are not included in categories 1, 2 and 3 and include, but are not limited to, agricultural use, landscaping, golf course, private recreational facilities, parks, schoolyards and other such uses. These water uses have the lowest level priority and any water so assigned shall not be utilized between the hours of eight o'clock (8:00) A.M. to eight o'clock (8:00) P.M. or other hours as adopted by city council resolution.


B. Criteria Used For Allotments: From time to time the city council may, based upon existing and projected water supplies and needs, establish allotments for each water user account, or class of water service customer, within each category, based on the following criteria:

1. Categories 1 And 2: Residential and institutional (interior only):

a. For residential (interior) water use, a quantity of water shall be allotted for each category of residential user, such as single-family dwelling and apartment. The city council may, in determining allotment, use various criteria such as samples, averages and projections, and any other factors deemed material.

b. Notwithstanding the foregoing, no restriction is imposed upon the residential account of the actual use to which the water allocation may be put by the household. However, it shall be rebuttably presumed that any water user exceeding the water allotment for residential (interior) needs is using such water for some other purpose, and shall have the burden of proof to show actual residential (interior) use in any proceeding or controversy involving that issue.

c. For institutional (interior) water use, a quantity of water shall be allotted as determined by the city council. The city council may, in determining allotment, use various criteria such as samples, averages and projections, and any other factors deemed material.

d. In addition to any allotment made to any water account under these categories, there shall be added thereto any allotment to which the water user account is entitled as a water user under category 3 or 4, if it also falls within such additional water use capacity.

2. Categories 3 And 4: Commercial and industrial, and other (including all outside use):

a. For each water service account within each of these water use categories, the city council shall, after first allotting water for categories 1 and 2, apportion and allot the projected remaining water amongst water user categories 3 and 4, and amongst each water user account, or class of water service customer, within such water user category as it determines to be reasonable and in the best interest of the city, based upon all facts and circumstances it deems material to the issue. In so doing the city council may make a greater apportionment of the available water supplies to one water user category than another, and may from time to time alter such priority of apportionment.

b. In making specific water allotments to water user accounts within any given water use category, the city council shall take into consideration all factors utilized in making allotments under subsection B1a of this section, and such other factors as it deems pertinent. (Ord. 16-318, 3-14-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=95903#s1101653
9-3D-3: REGULATIONS DURING DROUGHT CONDITIONS:linklink


A. Stage One Drought Regulations: Upon adoption by the city council of a resolution declaring a stage one drought condition and for as long as that condition exists the following water regulations and other such regulations as may be adopted by resolution of the city council, shall apply to all use of water that is provided by the city water supply system:

1. Voluntary water conservation by all city customers aimed at a fifteen percent (15%) reduction in water use from the specified prior benchmark year's average monthly water usage. The benchmark year shall be established in the resolution.

2. Irrigation of turf such as schoolyards, parks, ball fields, golf courses, green spaces, etc., shall be allowed only between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M.

3. All restaurants that provide table service shall post, in a conspicuous place, a notice of drought condition and shall refrain from serving water except upon specific request by a customer.

4. Operators of hotels, motels and other commercial establishments offering lodging shall post in each room a notice of drought condition containing water conservation information. Linens and towels shall be washed no more than every second day for guests staying more than one night.

5. Exterior sprinkler watering of plants, lawns, shrubbery, ground cover, etc., shall be permitted only between the hours of eight o'clock (8:00) P.M. to eight o'clock (8:00) A.M. during the months of March through October, and only between the hours of four o'clock (4:00) P.M. to ten o'clock (10:00) A.M. during the months of November through February.

6. Vehicles shall be washed only at commercial car washing facilities.

7. The washing of hard surfaces such as driveways and sidewalks shall be prohibited except where necessary to protect the public health and safety.

8. The loss of water through breaks or leaks in any water user's plumbing must be corrected within twenty four (24) hours of the user's knowledge of that condition2.


B. Stage Two Drought Regulations: Upon adoption by the city council of a resolution declaring a stage two drought condition and for as long as that condition exists, the following water use regulations and other such regulations as may be adopted by resolution of the city council, shall apply to all use of water that is provided by the city water supply system:

1. Mandatory reduction in water use from the specified prior benchmark year's average monthly water usage by all city customers of twenty percent (20%) based on customer class as follows:

a. Single-family residential customers water usage penalties shall be tiered with no penalty for the allowed residential usage as determined by city council resolution and increasing to 1.5 times the current water rate as the second tier and 2.0 times the current water rate for that amount over the second tier.

b. Commercial/industrial/institutional customer water usage penalties shall be tiered with no penalty for the allowed benchmark year percentage usage as determined by city council resolution and increasing to 1.5 times the current water rate for the second tier and 2.0 times the current water rate for that amount over the second tier.

c. Irrigation only customer water usage penalties shall be as follows:

0 - 50% of usage compared to the same month in the benchmark year     No penalty: Current water rate  
>50% of usage compared to the same month in the benchmark year     Penalty = 2.0x current water rate, and onetime warning  
  Second month and each additional month over     $500.00 penalty  

d. Multi-family residential/mobile home customer water usage penalties shall be as follows:

0 - 90% of usage compared to the same month in the benchmark year     No penalty: Current water rate  
>90% of usage compared to the same month in the benchmark year     Penalty = 1.5x current water rate  

2. Outdoor irrigation of ornamental landscapes or turf shall be limited to no more than two (2) days per week. Watering shall be restricted to Mondays and Thursdays for addresses ending in even numbers, and to Tuesdays and Fridays for addresses ending in odd numbers.

3. The use of water for the flushing of water mains, and fire department training exercises shall be allowed only upon advance written approval of the city manager.

4. The use of water in a fountain or other decorative water feature, except where the water is part of a recirculating system, is prohibited.

5. The penalty for a second violation of any stage one or stage two drought regulation shall be set by city council resolution, after a written warning upon the first violation.

6. Each of the stage one drought regulations set forth in subsections A1 through A8 of this section shall remain in force where not in conflict with the provisions of this subsection B.


C. Stage Three Drought Regulations: Upon adoption by the city council of a resolution declaring a stage three drought condition and for as long as that condition exists, the following water use regulations and other such regulations as may be adopted by resolution of the city council shall apply to all use of water that is provided by the city water supply system:

1. Mandatory reduction in water use from the specified prior benchmark year's average monthly water usage by all city customers of thirty percent (30%) based on customer class.

2. Each of the stage one drought regulations set forth in subsections A1 through A8 of this section shall remain in force where not in conflict with the provisions of this subsection C.

3. Each of the stage two drought regulations set forth in subsections B2 through B6 of this section shall remain in force to the extent that they do not conflict with the provisions of this subsection C.


D. Stage Four Drought Regulations: Upon adoption by the city council of a resolution declaring a stage four drought condition and for as long as that condition exists, the following water use regulations and other such regulations as may be adopted by resolution of the city council shall apply to all use of water that is provided by the city water supply system:

1. This provision shall activate an allotment system and/or a rationing program for water users.

2. All exterior water use, including the filling of spas and swimming pools, water for fountains or decorative water features, landscape irrigation, lawn watering, etc., shall be prohibited except where necessary to protect the public health and safety.

3. The penalty for a second violation of any stage one through four drought regulation shall be established by city council resolution per violation, after a written warning upon the first violation.

4. Each of the stage one through stage three drought regulations set forth in this section shall remain in force where not in conflict with the provisions of this subsection D. (Ord. 16-318, 3-14-2016)

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9-3D-4: ALLOTMENT SCHEDULE:linklink


A. Schedule Established: The allotments referred to in section 9-3D-1 of this article shall be as established from time to time as deemed appropriate and necessary by resolution of the city council. During any period in which no current resolution is in effect, all water use categories and water user accounts shall be deemed to have an allotment of one hundred percent (100%) of actual water consumption during such period.


B. Use Of Allotment Schedule: It shall be the sole responsibility of each water user to manage and use their allotted water in such a manner as to not exceed such allotment.


C. Place Of Use Of Allotment Water: Water allotments for each water user account shall be used only on and for the premises for which such water user account is designated or intended, and no other premises. (Ord. 16-318, 3-14-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=95903#s1101655
9-3D-5: ENFORCEMENT OF WATER CONSERVATION PROGRAM:linklink

Any person found to be in violation of section 9-3D-1 of this article shall be served, personally or by certified United States mail, with written notice stating the location and nature of the violation. Upon receipt of said notice, the offender shall immediately and permanently cease the violation set forth in the notice. Failure to cease such violation shall result in discontinuance of water service to such premises. (Ord. 16-318, 3-14-2016)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=95903#s1101656


Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See also section 9-3B-2 of this chapter and subsection 9-3D-3A8 of this article.
Footnote 2: See also section 9-3B-2 of this chapter and subsection 9-3D-1C of this article.