ARTICLE 14-7
Consumer Responsibilities

Section

14-7-1    Consumer water facilities

14-7-2    Consumer negligence

14-7-3    Right-of-way

14-7-4    Installation of lines

14-7-5    Protection of city property

14-7-6    Unauthorized use of water; penalties

14-7-7    Water use restrictions

14-7-8    Waste of water prohibition

14-7-9    Inspections

14-7-10    Cross connection elimination

14-7-11    Connections for fire prevention systems

14-7-1 CONSUMER WATER FACILITIES.

The consumer shall have complete responsibility for the installation and maintenance of water facilities beyond the point of the service connection. The City shall not in any way be responsible for the installation, maintenance, inspection or damage of such facilities or damage caused by any defect in such facilities that are the consumer’s responsibility. The service connection point is the terminal end of a service line from the public potable water system at its point of delivery to the consumer’s water system where the City loses jurisdiction and sanitary control over the water. If a meter is installed between the consumer’s water supply system and the public potable water system, the service connection shall be the discharge end of the meter. Such facilities shall be maintained by the consumer in full compliance with any and all rules and regulations of the City in addition to applicable state statutes.

(Ord. 06-1012, passed 6-26-2006; Am. Ord. 11-1238, passed 5-9-2011)

14-7-2 CONSUMER NEGLIGENCE.

(A) Any damage to the city water system or injury to city employees caused by the negligence of any consumer or any individual acting on behalf of or at the request of the consumer and which requires any repairs, replacements or damages, the cost of such shall be added to that consumer’s bill, and if such charges are not paid, water service may be discontinued. The cost of repairs will be assessed against the consumer responsible for the property at the time the damage is incurred, and such costs shall be reported as a debt owed to the city at the time of sale of the property in question.

(B) Upon payment of costs for repair and the reconnection fee, water services will be reinstated within two business days of receipt of payment.

(Ord. 06-1012, passed 6-26-2006)

14-7-3 RIGHT-OF-WAY.

Each consumer shall provide to the city such easement and right-of-way as is necessary to provide water service to that consumer. All gated or private communities must provide 24 hour access for emergency or city service vehicles.

(Ord. 06-1012, passed 6-26-2006)

14-7-4 INSTALLATION OF LINES.

The city may refuse to provide service unless the lines or piping are installed on the premises so as to prevent cross-connections or backflow.

(Ord. 06-1012, passed 6-26-2006)

14-7-5 PROTECTION OF CITY PROPERTY.

The consumer shall guarantee proper protection for city property placed on his or her premises and shall permit access to it only to authorized representatives of the city.

(Ord. 06-1012, passed 6-26-2006)

14-7-6 UNAUTHORIZED USE OF WATER; PENALTIES.

(A) It is unlawful to take water from, or misuse any component of a water system located in the city, and operated by a public service corporation regulated by the Arizona Corporation Commission, a municipal corporation, or an irrigation district, including but not limited to any city water main or fire line by:

(1) Directly or indirectly connecting to any part of the water system without the express written consent from an authorized manager or official for the water system. For the city, this would include the City Manager, a Deputy City Manager, or the Water Resources Director or one of their designees.

(2) Failing to strictly adhere to the terms, conditions, limitations, and restrictions contained in the written consent issued by the authorized manager or official granting water use.

(3) Intentionally or knowingly tampering with, removal of or otherwise not using a meter as required in Article 14-6 of this chapter or installed by a water utility within the city.

(4) Intentionally or knowingly modifying a meter so as to cause a loss or reduction in the consumption rate or meter reading.

(5) Intentionally or knowingly diverting another’s water supply without that consumer’s permission or written authorization from an authorized manager or official for the water system.

(6) Intentionally and knowingly introducing a contaminant or hazardous substance into the water system.

(7) Violating the mandatory provisions of a stage 4 (water emergency) curtailment.

(8) Violating any provisions of this section.

(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CONTAMINANT. The same meaning as found in A.R.S. §§ 49-171 and 49-201.

ENTERPRISE. Any corporation, association, labor union or other legal entity.

HAZARDOUS SUBSTANCE. The same meaning as found in A.R.S. §§ 49-171 and 49-201.

INTENTIONALLY. With respect to a result or to conduct described by an ordinance defining an offense, that a person’s or enterprise’s objective is to cause that result or to engage in that conduct.

KNOWINGLY. With respect to conduct or to a circumstance described by an ordinance defining an offense, that a person or enterprise is aware or believes that his/her/its conduct is of that nature or that the circumstance exists. It does not require any knowledge of the unlawfulness of the act or omission.

WATER SYSTEM. Provides water for human consumption through pipes or other constructed conveyances and has at least 15 service connections or regularly serves an average of at least 25 persons daily for at least 60 days a year. For purposes of this section only, WATER SYSTEM shall also include a system that conveys non-potable water for an irrigation district.

WATER UTILITY. Any public service corporation engaged in the generation, transmission or delivery of water, including the state or any political subdivision or agency of the state. For purposes of this section only, WATER UTILITY shall also include an irrigation district.

(C) Any person or enterprise who solicits or commands another person or enterprise to engage in the conduct causing a violation of this section, or who aids, counsels, agrees to aid or attempts to aid another person or enterprise in planning or engaging in the conduct causing a violation of this section shall be guilty of the offense of the unauthorized use of water.

(D) Any person or enterprise that is found in violation of the unauthorized use of water is guilty of a misdemeanor as contemplated by § 1-8-1, and is subject to the application of that provision.

(E) Each day that the unauthorized connection or use is made will be considered a separate violation for the purposes of this section.

(F) Any persons or enterprise convicted of the offense of the unauthorized use of water may be disconnected from the city’s water system or refused an application for water services.

(G) Upon a conviction of unauthorized use of water, the court shall require the convicted person or enterprise to make restitution to the city or water utility that is the victim of this crime, in the full amount of the economic loss as determined by the Goodyear Municipal Court and in the manner as determined by the Goodyear City Court pursuant to A.R.S. Chapter 8 of Title 13. Restitution ordered pursuant to this division shall be paid to the clerk of the Goodyear Municipal Court for disbursement to the city and to other victims. Restitution is a criminal penalty for the purposes of federal bankruptcy involving the person or enterprise convicted of unauthorized use of water.

(Ord. 08-1142, passed 10-20-2008; Am. Ord. 08-1152, passed 12-15-2008)

14-7-7 WATER USE RESTRICTIONS.

(A) Conservation and curtailment plan. The City Manager or his or her designee shall establish a conservation and curtailment plan containing measures to reduce demand at various stages of water shortages. The City Manager or his or her designee may update these measures from time to time.

(B) Implementation. The City Manager is authorized to declare a water shortage and authorize implementation of the conservation and curtailment plan water restrictions ("curtailment") subject to other applicable federal, state and local laws and regulations, in response to events including but not limited to: natural disaster; disruption of supply lines or the disruption of the operation of any water facilities; contamination of water resources; reductions in water resources from Central Arizona River Conservation District; or when an insufficient supply is imminent due to water system limitations, excessive demand, or structural failure and as determined by the City Manager or his or her designee. Such a declaration may designate the entire area served by the city, or a portion of the service area if the shortage is not system-wide.

(C) Declaration of stages. The City Manager or his or her designee shall direct the Water Services Division to implement water use restrictions in stages, depending on the severity of the water shortage as determined by the following criteria:

(1) Stage 1 (water watch) may be declared when the seven-day average daily demand reaches or exceeds 90% of total production capacity or the City Manager or his or her designee reasonably determines that this limit will be reached within the next seven days.

(2) Stage 2 (water alert) may be declared when the seven-day average daily demand reaches 95% of total production capacity or the City Manager or his or her designee reasonably determines that this limit will be reached within the next seven days, or stage 1 has been in effect for at least 14 days.

(3) Stage 3 (water warning) may be declared when the seven-day average daily demand exceeds total production capacity or the City Manager or his or her designee reasonably determines that this limit will be reached within the next seven days, or stage 2 has been in effect for at least 14 days.

(4) Stage 4 (water emergency) may be declared by the City Manager when a severe disruption of distribution capability, storage, or supply occurs in a portion or all of the city’s water service area. The City Manager will report specific restrictions that may be tailored to the location, anticipated duration, and severity of the emergency to Mayor and Council at their next regular meeting.

(D) Notification.

(1) A copy of the conservation and curtailment plan shall be available for inspection at the City Clerk’s Office and the Water Services Division administrative office during normal business hours and on the city website.

(2) The City Water Conservation Office and Public Information Office will provide extensive public education on provisions of the conservation and curtailment plan to assure that customers who may be impacted by any future shortages will understand the curtailment provisions and the need for compliance in reducing demand. The Water Conservation Office and Public Information Office will intensify educational efforts should average daily demand approach the threshold for stage 1 and upon declaration of any stage.

(3) Notice of the declaration of a curtailment shall be given by publication on the city website, press releases to area media, and other appropriate media. The most recent available water supply and demand will be posted on the city website.

(4) The notice shall describe all mandatory restrictions on water use in accordance with the conservation and curtailment plan.

(E) Termination. The City Manager or his or her designee may terminate curtailment when the Water Resources Director or the City Manager’s designee advises that the conditions that triggered the water shortage no longer exist.

(F) Penalties. During stages 1, 2, or 3, violations of mandatory restrictions shall be treated as waste of water violations in accordance with § 14-7-8 of this code. During stage 4 (water emergency), violations of mandatory restrictions shall be treated as unauthorized use of water in accordance with § 14-7-6 of this code.

(G) Enforcement. The City Manager or designee shall have authority to take necessary and proper actions to enforce any mandatory elements that are part of the conservation and curtailment plan.

(Ord. 08-1152, passed 12-15-2008)

14-7-8 WASTE OF WATER PROHIBITION.

(A) Waste of water. For the purposes of this section, WASTE OF WATER shall mean to use, consume or expend water at such a rate that it overflows the basin or object into which it flows, including the landscaped areas of any premises, or sprays from a permanently installed irrigation system with a broken head or emitter, or sprays more than 10% of the total spray from a misdirected emitter, onto the surrounding basin or object, onto public property or into the rights-of-way including gutters, storm drains, ditches or other drainage conveyances. Consumers shall prevent waste of water and keep all water outlets closed when not in use. All water outlets, including those used in conjunction with hydrants, urinals, water closets, bathtubs and other fixtures shall not be left running while unattended. The washing of motor vehicles, automobiles, trucks, trailers, boats and other types of mobile equipment shall be done only with a hand held hose equipped with an automatic shut-off nozzle that completely shuts off the flow of water, even if left unattended.

(B) Exceptions. WASTE OF WATER shall not include:

(1) Flow resulting from fire fighting or routine inspections of fire hydrants or from fire training activities.

(2) Water applied to abate spills of flammable or otherwise hazardous materials.

(3) Water applied to prevent or abate health, safety, or accident hazards when alternative methods are not available.

(4) Water that reaches or flows onto adjacent property, public rights-of-way or easements, including private easements when caused by vandalism, wind, rain, emergencies, electrical outages, natural disasters or acts of terrorism.

(5) Flows resulting from a routine inspection or maintenance of the following:

(a) The city’s water utility system;

(b) A private water utility system;

(c) An irrigation district; or

(d) A Homeowners Association.

(6) Water used by the city, a private water utility or an irrigation district in installation, maintenance, repair or replacement of public facilities and structures including, but not limited to, traffic control devices, storm and sanitary sewer structures, and road and street improvements.

(7) Water used by the city, a private utility, or their respective contractors and/or subcontractors for saw cutting of pavement, dust control, compaction or other uses identified under the terms of applicable contracts.

(8) Storm water run-off.

(9) Flows resulting from system failures or malfunctions of the city, a private water utility or an irrigation district’s water or wastewater system.

(10) The uses of water which are necessary to protect public health and safety for essential government services such as police, fire, public works and other similar emergencies.

(C) Violations.

(1) It shall be unlawful for any person to intentionally, knowingly, recklessly, or negligently:

(a) Operate and maintain any irrigation structure, delivery ditch, waste ditch, or any irrigation structure in which said person has a vested right or interest to accept flood irrigation water, so as to permit or cause the escape or flow of flood irrigation water in such quantity as to cause waste of water;

(b) Cause the waste of water such that the overflow or spray:

1. Causes damage to public property or public rights-of-way;

2. Interferes with pedestrian or automobile traffic;

3. Ponds over a cumulative surface area greater than 150 square feet; or

4. Discharges with a depth greater than one-quarter of an inch into a gutter, storm drain, ditch or other drainage conveyance.

(c) Violate the mandatory water use restrictions of a stage 1 (water watch), 2 (water alert) or 3 (water warning curtailment).

(2) It shall be unlawful for any residential, commercial or industrial facility or operation that is within the city’s jurisdiction, or is served flood irrigation waters by an irrigation district, to cause or permit to occur, any waste of water.

(D) Enforcement. The city is authorized to make inspections in the normal course of business or when the city has reason to believe that a violation of this section has been or is being committed, or the city may respond to a complaint of a possible violation. A written notice and/or civil citation may be issued for a violation of this ordinance by the Code Compliance Manager, a Code Compliance Officer, the Water Resources Director, the Water Conservation Specialist, or the City Attorney or the City Manager or his or her authorized designees. Service of the written notice or citation may be accomplished and will be deemed proper and complete if a copy thereof is personally served upon the owner, occupant, lessee, agent, or manager of the property; any person of a responsible age present on the property; or is posted in a conspicuous place on or about the property affected by such notice. The authorized issuance official may order, at the discretion of the City Manager, or his or her designee, the installation of flow restriction or reduction devices, or discontinuation of water service if the violator has a previous citation.

(1) Written notice. A written notice shall contain at a minimum:

(a) The date and location of the alleged violation;

(b) A reference to the City Code provision or ordinance violated;

(c) Recommendations as to how the waste of water can be abated and the time frame within which the waste of water must be abated. The time provided to cease waste of water may range from a requirement of immediate compliance to 30 days, at the discretion of the authorized enforcement official, depending upon the facts and the circumstances of the case;

(d) A warning that civil action may be initiated unless the waste of water ceases within the time frame required for corrective action;

(e) The name, address, telephone number and email address of the authorized enforcement official who issued the written notice;

(f) Any previous citation against the person or property in question; and

(g) The procedure for compliance with the written notice including a re-inspection by the issuing official.

(2) The time period for compliance may be extended if the official issuing the written notice determines that the owner, occupant, lessee, agent, or manager of the property or any person of a responsible age present on the property is making reasonable progress towards compliance. All extensions must be in writing. In, upon re-inspection of the site of the violation by the issuing official, the official is satisfied that the activity previously found to be in violation of this section has been abated, the waste of water case will be closed and no further action will be required of the recipient of the written notice.

(3) Civil citation. After receipt of a written notice, any person who remains in violation of any provision of this section after the time provided to cease waste of water may also be subject to a civil citation. The civil citation shall be issued and processed in accordance with Article 18-1 of this Code.

(Ord. 07-1079, passed 8-27-2007; Am. Ord. 08-1142, passed 10-20-2008; Am. Ord. 08-1152, passed 12-15-2008) Penalty, see Art. 1-8

14-7-9 INSPECTIONS.

Whenever in the judgment of the Water Resources Director or such person as he or she may authorize it is deemed necessary, he or she may inspect the premises or buildings of any water consumer for the purpose of examining the condition of all pipes, motors, meters and water fixtures or the manner in which the water is used. He or she shall be vigilant to protect and remedy all abuses, whether from waste or other improper use of water.

(Ord. 06-1012, passed 6-26-2006)

14-7-10 CROSS CONNECTION ELIMINATION.

Cross-connection as defined in the Uniform Plumbing Code shall be prevented and eliminated from plumbing systems, wherever found, and adequate back flow prevention devices shall be used to prevent contamination of the water supply.

(Ord. 06-1012, passed 6-26-2006)

14-7-11 CONNECTIONS FOR FIRE PREVENTION SYSTEMS.

(A) Any person desiring to install a separate fire prevention service line, building standpipe, Fire Department Connection (FDC) and hose or sprinkler system, where such service line or systems will not be connected to or supplied through a regular water service meter, shall file an application with the city’s Water Resources Department for a fire line tap and standby fire flow service. Fees for this service shall be established by Council by way of resolution. Such fire prevention systems shall be installed in accordance with City Standards and the Fire Code. This subsection does not apply to a single-family residential home inasmuch as the service line or system is connected to a regular water service meter.

(B) If the Water Resources Director or designee determines a potential for cross connection or backpressure, a double checkvalve backflow prevention assembly shall be installed on the first prevention service line ahead of the first point of water use.

(C) Whenever a detector checkvalve is required, all materials and equipment shall be furnished and installed by the applicant. The detector checkvalve assembly shall allow for the installation of a bypass meter which will be furnished and installed by the city’s Water Resource Department. The detector checkvalve and meter shall be properly protected in a manner acceptable to the city. Should the detector meter on a fire prevention service line show consumption without a fire having occurred and without prior notice to the Water Resources Director or designee, a charge for water used and other costs as established by Council will be invoked during the month when illegal consumption is indicated, and the domestic water line service shall be cut off unless such charge is paid, except in matters of an emergency nature.

(D) Every outlet valve on a non-metered sprinkler system shall be sealed, excluding Inspector Test Valves. Seals may be removed for authorized purposes only, such as testing of the system. The owner or tenant may test the fire prevention apparatus at any time by notifying the Water Resources Department that such a test is desired. A mutually agreeable time shall be set for the test to be made. All outlet valves shall be sealed immediately after completion of any test on a non-metered system, excluding Inspector Test Valves. A charge shall be established and imposed in case any sealed valve is opened without prior notification of the Water Resources Department and the domestic water line shall be turned off and remain off until such charge is paid.

(E) In no case shall any tap be made upon any pipe or tank used for fire purposes, nor shall the use of any water be permitted through any fire service, nor through any pipes, tank or fixtures for any purpose other than the extinguishing of fire on the premises.

(F) The premises upon which any such fire protection service is installed shall be open to the inspection of any authorized representative of the Water Resources Department at all times and the owner or tenant shall give such representative all reasonable facilities for making the inspection and any information he may require.

(G) An inside city and outside city charge shall be established by Council for standby fire prevention service provided by the city.

(Ord. 08-1101, passed 2-25-2008)