CHAPTER 52
WATER CONSERVATION
Section
General Provisions
52.04 Water waste and fugitive water
52.05 Outdoor watering restrictions
Water Shortage Emergency Response
52.20 Declaration of policy, purpose, and intent
52.24 Criteria for initiation and termination of emergency water shortage response stages
52.25 Notification of emergency water shortage
GENERAL PROVISIONS
52.01 PURPOSE.
This chapter shall address water use recommendations to assist in reducing the overall per capita water use in the city. Water conservation measures are encouraged for all privately owned and government owned properties.
(Ord. 03-022)
52.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUBBLERS. Irrigation heads that deliver water directly to the adjacent soil.
BUSINESS. A retail facility, office, shopping center, or other facility in the commercial water billing class, other than multi-family or mobile home residential facilities.
EATING ESTABLISHMENTS. Food service facilities which serve meals to customers, including those food service facilities in lodging establishments and schools and drive-in food facilities, and excluding health and elderly care facilities.
EFFLUENT. Reclaimed water that has been treated or processed by a wastewater treatment plant and then used for other purposes, such as river discharge or irrigation.
FUGITIVE WATER. Water that has escaped from one property onto adjacent property or the public right-of-way. This does not include storm water runoff.
GOVERNMENT FACILITY. A facility operated by the City of Rio Rancho, Sandoval County, State of New Mexico, United States, or other governmental entity.
HAND WATERING. The use of a hand-held watering device such as a hose or bucket for applying irrigation water to landscape or plants in a container.
HOSPITALITY BUSINESSES. Licensed eating or lodging establishments.
LODGING ESTABLISHMENT. A licensed motel, hotel, or bed and breakfast establishment, which provides private rooms for overnight stay and provides towels, sheets and/or other linens for its guests to use during their stay.
PUBLIC RIGHT-OF-WAY. Paved or unpaved streets and adjoining public real property, alleys, drainage, gutter or other public easements and lined or unlined drainage channels, which comprise the municipal storm drainage system.
RESPONSIBLE PARTY. The owner, manager, supervisor, or person who receives the water bill, or person in charge of the property, facility, or operation during the period of time the violation is observed.
RUNOFF. Water that is not absorbed by the soil or landscape to which it is applied where the application rate exceeds infiltration rate and excess water runs off the property, particularly if there is a severe slope. This definition does not apply to storm water runoff.
SPRAY IRRIGATION. The application of water being sprayed on to landscaped areas by means of a device that propels water through the air in the form of small particles or droplets.
WATER WASTE. The non-beneficial use of water that is supplied by any water supply system within the municipality. Non-beneficial uses of water include, but are not restricted to, the following:
(1) Landscape water applied in such a manner, rate, or quantity that it regularly overflows the landscaped area being watered and runs onto or seeps into adjacent property or public right-of-way.
(2) Landscape water that leaves a sprinkler, sprinkler system, or other application device in such a manner or direction as to spray onto adjacent property or public right-of-way.
(3) Washing down of vehicles or hard surfaces such as parking lots, aprons, pads, driveways, or other surfaced areas when water is applied without shut-off hose nozzles in an excessive quantity to flow from that surface onto adjacent property or the public right-of-way.
(Ord. 03-022)
52.03 APPLICABILITY.
These restrictions apply to all properties within the city limits and/or served by the city’s water utility.
(Ord. 03-022)
52.04 WATER WASTE AND FUGITIVE WATER.
(A) Prohibited acts.
(1) Water waste. No person, business firm, corporation, municipal or other governmental facility or operation shall waste, cause, or permit to be wasted, as defined in this article, any water furnished by any water supply system, public or private, within the city.
(2) Fugitive water flow. No person, business firm, corporation, municipal or other governmental facility or operation shall cause or permit the flow of fugitive water onto the adjacent property or public right-of-way.
(B) Exceptions.
(1) Waste shall not include:
(a) Flow resulting from fire fighting or routine inspection of fire hydrants or from fire fighting training activities.
(b) Water applied as a dust control measure as may be required by regulations or work practice. Effluent shall be used when available and appropriate.
(c) Water applied to abate spills of flammable or otherwise hazardous materials.
(d) Water applied to prevent or abate health, safety, or accident hazards when alternate methods are not available.
(e) Water which reaches or flows onto adjacent property or public right-of-way when caused by an act of nature.
(f) Flow resulting from a routine inspection, maintenance, utility line breaks, or construction of a water supply system within the municipality.
(g) Flow resulting from washing of vehicles, boats, driveways, or sidewalks, municipal flushing of streets, or other occasional applications.
(h) Water used in the course of installation or maintenance of traffic flow control devices.
(i) Water used by contractors or utilities in saw-cutting of pavement, compaction, or other use required under terms of their contract.
(2) Fugitive water shall not include:
(a) Storm water run-off.
(b) Flow resulting from temporary water supply system failures, malfunctions, or vandalism. This flow shall be exempted by the city to non-municipal water systems for the first 48 hours after notification of such failure or malfunction is given to the responsible party of the non-municipal system. The city’s municipal water supply system shall be exempted provided the failure or malfunction is addressed within 48 hours.
(c) Flow resulting from other municipal emergencies.
(Ord. 03-022)
52.05 OUTDOOR WATERING RESTRICTIONS.
These restrictions apply to all properties that use spray irrigation within the city limits or are served by the city’s water utility.
(A) From April 1st through October 31st, spray irrigation is allowed from 7:00 p.m. to 11:00 a.m. on all properties.
(B) Restrictions in division (A) do not apply to the following if a permit or variance has been granted by the City Water Utilities Department:
(1) Repair and maintenance of irrigation systems;
(2) Establishment of newly landscaped areas within the first 30 days of planting or watering newly seeded or sodded turf; and
(3) A single-day irrigation needed for the application of chemicals needed to safeguard an existing or new landscape; and
(C) Restrictions in division (A) do not apply to the following:
(1) Water used for dust control or soil compaction; or
(2) Drip irrigation, low emitting bubblers, hand watering, or watering of containerized plants and plant stock.
(D) Shutoff nozzles are required on any hoses used for hand watering, car washing, or other outdoor uses.
(E) Additional scheduling restrictions may be applied during declared drought or emergency situation.
(Ord. 03-022; Am. Ord. 13-04)
52.06 HOSPITALITY BUSINESSES.
(A) Serving water upon request. It is prohibited to serve drinking water to eating establishment patrons, unless the patron requests water.
(B) Guest linen laundering. All lodging establishments shall offer customers the option of not changing sheets and towels in their rooms during their stay. Lodging establishments shall encourage this practice, at a minimum, through posting of signs in every room instructing customers how to decline replacement linen service. Lodging establishments with less than ten rooms may encourage this practice through brochures or other general promotional materials rather than signs in each room.
(Ord. 03-022)
52.07 ENFORCEMENT AND FEES.
(A) Enforcement. Except as otherwise provided in this chapter, the Utilities Director or designee, and the Director of Public Safety or designee, including code enforcement officers, shall enforce this chapter, which shall include the inspection of premises and the issuance of notice of violations.
(B) Responsibility. Any responsible party who causes, permits, facilitates, aids, or abets any violation of any provision of the chapter shall be subject to the assessment of fees and penalties stated herein.
(C) Schedule for assessment of fees.
(1) Schedule for assessment of fees for violations of this chapter by utility customers with at least a 2-inch meter size is:
(a) First violation: warning notice;
(b) Second violation: $50;
(c) Third violation: $100;
(d) Fourth violation: $150;
(e) Fifth violation: $200;
(f) Sixth violation: $300 fee plus application of a flow restriction device at meter.
(2) Schedule for assessment of fees for violations of this chapter by utility customers with less than a 2-inch meter size is:
(a) First violation: warning notice;
(b) Second violation: $25;
(c) Third violation: $50;
(d) Fourth violation: $75;
(e) Fifth violation: $100;
(f) Sixth violation: $150 fee plus application of a flow restriction device at meter.
(D) Applicability. Fee assessment schedules shall be applied separately to §§ 52.04, 52.05, and 52.06. For the purpose of assessing fees for violations of §§ 52.04, 52.05, and 52.06, any previous violation shall not be considered: if a period of two years has elapsed since the violation incurred; if a new owner acquires the property; or if the violation occurred prior to September 1, 2003. For the purpose of assessing fees for violations of § 52.07(I), fees are implemented upon declaration of water system emergency or drought.
(E) Assessment of fees. Assessment of fees for violations of the regulations in this chapter will be through the city utility bills of the responsible party’s billing account. Responsible parties shall be notified of the fee through certified mail within 15 days of the violation. Fees shall be assessed to the account within 15 days following expiration of the appeal period set out in the Customer Complaint Procedures section in the Water Utilities Ordinance or issuance of appeal findings and shall be listed as a separate line item on the utility bill. Fees must be paid within the normal payment period allowed by the city utility billing system. Failure to pay will result in disconnection of water service.
(F) Deposit of fees. All fees assessed and collected as a result of violations associated with water conservation pursuant to this chapter shall be deposited to the utility’s enterprise operating fund.
(G) Flow restriction device. Application of a flow restriction device at meter may be used after the fifth violation. Only city utility personnel can remove flow restriction devices once the responsible party adequately demonstrates to the city the cause for the violation has ceased or until a variance is granted.
(H) Misdemeanor penalties for repeat offenders. Upon the seventh or more violation, petty misdemeanor charges may be brought. Every responsible party receiving seven or more violations as determined in § 52.07(D) shall be guilty of a petty misdemeanor and shall be punished by a fine of not more than $500, but not less than the maximum fee provided in § 52.07(C). Each violation above six shall constitute a separate offense and shall be punishable as such. The penalty section of this chapter is exclusive and no jail time may be imposed for violations hereunder.
(I) Fees during times of declared emergencies. When the utility has determined that a water shortage exists as a result of a system emergency or declared drought, it may double the fines as set forth under § 51.09(I) and § 52.07(C). The imposition of double fines for system emergencies will be noticed as practicably reasonable. For declared drought, notice of double fines to water utility customers will be published at least twice in a newspaper of local circulation and included in the utility billing statement.
(Ord. 03-022; Am. Ord. 06-43)
52.08 VARIANCES.
(A) Administrative variances to the restrictions in §§ 52.04 and 52.05 may be issued by the Utilities Director or designee, provided that the general intent of this chapter has been met, compliance with this chapter is proven to cause practical difficulties and unnecessary hardship, and all options for abatement through modified water management have been exhausted. The criteria to determine hardship shall include level of capital outlay and the time necessary to come into compliance with this chapter.
(B) Variances may be issued for a period not to exceed one year and shall stipulate both short-term corrective measures and a schedule for completion of long-term corrective measures. Variances may be renewed on an annual basis if long-term corrective measures cannot be completed within one year. (Ord. 03-022)
52.09 APPEALS.
Enforcement actions may be appealed pursuant to the appeal process established in Ch. 51.
(Ord. 03-022)
WATER SHORTAGE EMERGENCY RESPONSE
52.20 DECLARATION OF POLICY, PURPOSE AND INTENT.
(A) In order to conserve the available water supply and protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the City of Rio Rancho hereby adopts the following regulations and restrictions of the delivery and consumption of water through this plan.
(B) Water uses regulated or prohibited under this subchapter are considered to be non-essential and continuation of such uses during times of water shortage is deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in § 52.26. The water shortage could be due to any of the following: drought, equipment failure, restrictions imposed by the city’s groundwater permit with the State of New Mexico, or other water supply conditions or emergencies.
(C) This subchapter is not intended to replace §§ 52.01 through 52.09. During water shortage emergencies and drought, when invoked, this chapter doubles the current fees indicated in §§ 52.01 through 52.09.
(Ord. 06-53)
52.21 AUTHORIZATION.
The governing body, when necessary for the protection of the public health, safety, and welfare, shall have the authority to declare various stages of water emergencies and to implement the water conservation measures set forth in this chapter. The governing body shall also have the authority to determine whether the various stages of water emergencies and water conservation measures apply to the entire city utility service area or to such service areas or portions as may be particularly affected.
(Ord. 06-53)
52.22 APPLICATION.
The provisions of this subchapter shall apply to all properties within the city limits and to all persons, customers, and property utilizing drinking water provided by the city. The terms PERSON and CUSTOMER as used in this subchapter include individuals, corporations, partnerships, associations, and all other legal entities.
(Ord. 06-53)
52.23 DEFINITIONS.
For purposes of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AESTHETIC WATER USE. Water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens.
COMMERCIAL AND INSTITUTIONAL WATER USE. Water use, which is integral to the operations of commercial and non-profit establishments and governmental entities such as retail establishments, hotels and motels, restaurants, and office buildings.
CONSERVATION. Those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses.
CUSTOMER. Any person, company, or organization using water supplied by the city.
DOMESTIC WATER USE. Water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution.
EVEN NUMBERED ADDRESS. Street addresses ending in 0, 2, 4, 6, or 8 and locations without addresses.
INDUSTRIAL WATER USE. The use of water in processes designed to convert materials of lower value into forms having greater usability and value.
LANDSCAPE IRRIGATION USE. Water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, and rights-of-way and medians.
NON-ESSENTIAL WATER USE. Water uses that are not essential nor required for the protection of public, health, safety, and welfare, including:
(1) Irrigation of landscape areas, including parks, athletic fields, and golf courses, with potable water, except otherwise provided under this plan;
(2) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle;
(3) Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas;
(4) Use of water to wash down residential buildings or structures for purposes other than immediate fire protection;
(5) Flushing gutters or permitting water to run or accumulate in any gutter or street;
(6) Use of water to fill, refill, or add to any indoor or outdoor swimming pools or Jacuzzi-type pools;
(7) Use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life;
(8) Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and
(9) Use of water from hydrants for construction purposes or any other purposes other than fire fighting.
ODD NUMBERED ADDRESS. Street addresses ending in 1, 3, 5, 7, or 9.
SYSTEM CAPACITY. Shall include wells, pumps, tanks, pipelines, booster stations and other infrastructure used to deliver drinking water to customers.
(Ord. 06-53)
52.24 CRITERIA FOR INITIATION AND TERMINATION OF EMERGENCY WATER SHORTAGE RESPONSE STAGES.
(A) The city shall monitor the water supply and/or demand conditions and shall determine when conditions warrant initiation or termination of each stage of the ordinance, that is, when the specified triggers are reached. When water and wastewater operations feel that a specific trigger is met or may be met, the Utilities Division Manager is contacted.
(B) There are distinctive water service areas within the city. For most of the service areas, if there was equipment problems or other reason for water shortage, the city may be able to reroute water from another service area to cover the essential use of water. An acute water shortage in one service area may affect other service areas.
(C) Stage 1: MILD Water Shortage Conditions.
(1) Triggers.
(a) Requirements for initiation. Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses when the specific capacity of the well(s) and/or tank(s) in one or more service area is equal to or less than 95% of its system capacity.
(b) Requirements for termination. Stage 1 of the ordinance may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of seven consecutive days.
(2) Response. Target: Achieve a 5% reduction in total water use.
(a) Best management practices for supply management. The city will reduce or discontinue flushing of water mains and reduce or discontinue the irrigation of public landscaped areas.
(b) Water use restrictions for reducing demand. The following water use restrictions shall apply to all persons:
1. Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems shall be limited to Sundays and Thursdays for customers with a street address ending in an even number (0, 2, 4, 6 or 8), and Saturdays and Wednesdays for water customers with a street address ending in an odd number (1, 3, 5, 7 or 9). Landscapes can only be irrigated between the hours of 6:00 p.m. to 10:00 a.m. on designated watering days. However, irrigation of landscaped areas is permitted at anytime if it is by means of a hand-held hose, a faucet filled bucket or watering can of five gallons or less, or drip irrigation system.
2. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited except on designated watering days between the hours of 6:00 p.m. to 10:00 a.m. Such washing, when allowed, shall be performed with a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rinses. Vehicle washing may be done at any time on the immediate premises of a commercial car wash or commercial service station. Further, such washing may be exempted from these regulations if the health, safety, and welfare of the public is contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables.
3. Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or Jacuzzi-type pools is prohibited except on designated watering days between the hours of 6:00 p.m. to 10:00 a.m.
4. Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system.
5. Use of water from hydrants shall be limited to fire fighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed with written approval from the Utilities Division.
6. Use of water for irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days between the hours of 6:00 p.m. to 10:00 a.m. However, if the golf course utilizes a non-potable water source, the facility shall not be subject to these regulations.
7. The following uses of water are defined as non-essential and are prohibited:
a. Wash down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas;
b. Use of water to wash down buildings or structures for purposes other than immediate fire protection;
c. Flushing gutters or permitting water to run or accumulate in any gutter or street; and
d. Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s).
(D) Stage 2: MODERATE Water Shortage Conditions.
(1) Triggers.
(a) Requirements for initiation. Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses when the specific capacity of the well(s) and/or tank(s) in one or more service area is equal to or less than 90% of the original system capacity.
(b) Requirements for termination. Stage 2 of the ordinance may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of seven consecutive days. Upon termination of Stage 2, Stage 1 becomes operative.
(2) Response. Target: Achieve a 10% reduction in total water use.
(a) Best management practices for supply management. The city will reduce or discontinue flushing of water mains and reduce or discontinue the irrigation of public landscaped areas.
(b) Water use restrictions for demand reduction. All requirements of Stage 1 shall remain in effect during Stage 2 except:
1. Irrigation of landscaped areas shall be limited to designated watering days between the hours of 6:00 p.m. to 10:00 a.m. and shall be by means of hand-held hoses, hand-held buckets, drip irrigation, or permanently installed automatic sprinkler system only. The use of hose-end sprinklers is prohibited at all times.
2. The watering of golf course(s) is prohibited, unless the golf course utilizes a non-potable water source.
3. Use of water for dust control.
4. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle not occurring on the premises of a commercial car wash and commercial service stations and not in the immediate interest of public health, safety, and welfare is prohibited.
(E) Stage 3: SEVERE Water Shortage Conditions.
(1) Triggers.
(a) Requirements for initiation. Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses when the specific capacity of the well(s) and/or tank(s) in one or more service area is equal to or less than 85% of the original system capacity.
(b) Requirements for termination. Stage 3 of the ordinance may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of seven consecutive days. Upon termination of Stage 3, Stage 2 becomes operative.
(2) Response. Target: Achieve a 15% reduction in total water use.
(a) Best management practices for supply management. The city will reduce or discontinue flushing of water mains and reduce or discontinue the irrigation of public landscaped areas.
(b) Water use restrictions for demand reduction. All requirements of Stage 1 and Stage 2 shall remain in effect during Stage 3 except:
1. Irrigation of landscaped areas shall be limited to designated watering days between the hours of 6:00 p.m. to 10:00 a.m. and shall be by means of hand-held hoses, hand-held buckets, and drip irrigation only. The use of hose-end sprinklers and permanently installed automatic sprinkler systems is prohibited at all times.
2. Vehicle washing at commercial car washes and commercial service stations shall be prohibited.
3. The filling, refill, or adding of water to swimming pools, wading pools, or Jacuzzi-type pools is prohibited.
4. Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system.
5. No application for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities or any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as Stage 3 or a higher-numbered stage shall be in effect.
6. The use of water for construction purposes from designated fire hydrants under special permit shall be discontinued.
(F) Stage 4: Water Allocation.
(1) Triggers.
(a) Requirements for initiation. Customers shall be required to comply with the water allocation plan prescribed in this section with the requirements and restrictions for Stage 3 when the specific capacity of the well(s) and/or tank(s) in one or more service area is equal to or less than 80% of the original system capacity.
(b) Requirements for termination. Stage 4 of the ordinance may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of seven consecutive days. Upon termination of Stage 4, Stage 3 becomes operative.
(2) Response. In the event that water shortage conditions threaten public health, safety, and welfare, the City Council, or designee, is authorized to allocate water according to the following water allocation plan.
(a) Residential customers.
1. The allocation to residential water customers shall be as follows:
|
Meter size |
Gallons per Month |
Gallons per Day |
|---|---|---|
|
5/8 inch |
5,000 |
167 |
|
3/4 inch |
5,500 |
183 |
|
1 inch |
6,750 |
225 |
|
11/2 inch |
42,000 |
1,400 |
|
2 inch |
64,500 |
2,150 |
2. Residential water customers shall pay the following monthly surcharges, which surcharges shall be cumulative:
a. $25 for the first 1,000 gallons over allocation.
b. $50 for the second 1,000 gallons over allocation.
c. $75 for the third 1,000 gallons over allocation.
d. $100 for each additional 1,000 gallons over allocation.
(b) Commercial customers.
1. a. A monthly water allocation shall be established by the City Council, or designee, for each non-residential commercial customer other than an industrial customer who uses water for processing purposes. The commercial customer’s allocation shall be approximately 75% of the customer’s usage for corresponding month’s billing period for the previous 12 months. If the customer’s billing history is shorter than 12 months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. A commercial customer will not be allocated less than 5,000 gallons per month. The City Council, or designee, shall give his/her best effort to see that notice of each commercial customer’s allocation is mailed to such customer. If, however, a customer does not receive such notice, it shall be the customer’s responsibility to contact the Utilities Division to determine the allocation. Upon request of the customer or at the initiative of the City Council, the allocation may be reduced or increased if:
i. The designated period does not accurately reflect the customer’s normal water usage;
ii. One commercial customer agrees to transfer part of its allocation to another non-residential customer; or
iii. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions.
b. A customer may appeal an allocation established hereunder to the City Council.
2. Non-residential commercial customers shall pay the following surcharges, which surcharges shall be cumulative:
a. $50 per thousand gallons for the first 1,000 gallons over allocation.
b. $100 per thousand gallons for the second 1,000 gallons over allocation.
c. $150 per thousand gallons for the third 1,000 gallons over allocation.
d. $200 per thousand gallons for each additional 1,000 gallons over allocation.
(c) Industrial customers.
1. a. The City Council, or designee, shall establish a monthly water allocation for each industrial customer, which uses water for processing purposes. The industrial customer’s allocation shall be approximately 75% of the customer’s water usage baseline. The industrial customer’s water use baseline will be computed on the average water use for the 12-month period ending prior to the date of implementation of Stage 2 of the plan. If the industrial water customer’s billing history is shorter than 12 months, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. The City Council, or designee, shall give his/her best effort to see that notice of each industrial customer’s allocation is mailed to such customer. If, however, a customer does not receive such notice, it shall be the customer’s responsibility to contact the Utilities Division to determine the allocation, and the allocation shall be fully effective notwithstanding the lack of receipt of written notice. Upon request of the customer or at the initiative of the City Council, the allocation may be reduced or increased if:
i. The designated period does not accurately reflect the customer’s normal water use because the customer had shutdown a major processing unit for repair or overhaul during the period;
ii. The customer has added or is in the process of adding significant additional processing capacity;
iii. The customer has shutdown or significantly reduced the production of a major processing unit;
iv. The customer has previously implemented significant permanent water conservation measure such that the ability to further reduce water use is limited;
v. The customer agrees to transfer part of its allocation to another industrial customer; or
vi. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions.
b. A customer may appeal an allocation established hereunder to the City Council.
2. Industrial customers shall pay the following surcharges, which surcharges shall be cumulative:
a. $100 per thousand gallons for the first 1,000 gallons over allocation.
b. $200 per thousand gallons for the second 1,000 gallons over allocation.
c. $300 per thousand gallons for the third 1,000 gallons over allocation.
d. $400 per thousand gallons for each additional 1,000 gallons over allocation.
(G) Stage 5: Emergency Water Shortage Conditions.
(1) Triggers.
(a) Requirements for initiation. Customers shall be required to comply with the requirements and restrictions for Stage 5 of this subchapter when the City Council, or designee, or water and wastewater contractor determines that a water supply emergency exists based on:
1. Major water line breaks, or pump or system failures occur, which cause unprecedented loss of capability to provide water service to the entire city or to one or more water service areas; or
2. Natural or man-made contamination of the water supply sources(s).
(b) Requirements for termination. Stage 5 of the ordinance may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of three consecutive days.
(2) Response. Target: Achieve the lowest possible total water use.
(a) Best management practices for supply management. The city will discontinue flushing of water mains, except as needed, and discontinue the irrigation of public landscaped areas. If only one service area is affected, the city will initiate supplying water to that area, if possible, using booster stations or other methods as available.
(b) Water use restrictions for demand reduction. All requirements of Stages 1, 2, 3 and 4 shall remain in effect during Stage 5 except:
1. Irrigation of landscaped areas is absolutely prohibited.
2. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is absolutely prohibited.
(Ord. 06-53)
52.25 NOTIFICATION OF EMERGENCY WATER SHORTAGE.
The city shall monitor water supply and/or demands and, in accordance with the triggering criteria set forth in § 52.24, shall determine that a mild, moderate, severe, emergency or water allocation shortage condition exists. The water operations section notifies the Utilities Division Manager, who in turn shall implement the following notification procedures:
(A) City officials notification. The City Council, or designee, shall be notified directly, or cause to be notified directly and the following individuals and entities: Mayor, members of the City Council, Department of Public Safety, and others as needed.
(B) Notification of the public. The City Council, or designee, shall notify the public by means or publication in a newspaper of general circulation to the city, and/or direct mail to each customer, and/or public service announcements.
(Ord. 06-53; Am. Ord. 17-02)
52.26 ENFORCEMENT.
(A) No person shall knowingly or intentionally allow the use of water from the city for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this subchapter, or in an amount in excess of that permitted by the water shortage response state in effect at the time pursuant to the action taken by the City Council, or designee, in accordance with provisions of this subchapter.
(B) Any person who violates this subchapter is guilty of a misdemeanor and, upon conviction shall be punished by a fine of not less than $500. Each day that one or more or the provisions in this subchapter is violated shall constitute a separate offense. If a person is cited of three or more distinct violations of this subchapter, the City Council, or designee, shall, upon due notice to the customer, be authorized to discontinue water service to the premises where such violations occur. This will stay in effect until a lesser water emergency stage is reached.
(C) Any person in apparent control of the property where a violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on the person’s property shall constitute a rebuttable presumption that the person in apparent control of the property committed the violation, but any such person shall have the right to show that he/she did not commit the violation. Parents shall be responsible for violations of their minor children and proof that a violation, committed by a child, occurred on property within the parents’ control shall constitute a rebuttable presumption that the parent committed the violation.
(D) A police officer, code enforcement officer or other employee designated by the city may issue a citation to a person he/she reasonable believes to be in violation of this subchapter. The citation shall be prepared in duplicate and shall contain the name and address of the alleged violator, if known, the offense charges, and shall direct him/her to appear in the municipal court on the date shown on the citation for which the date shall not be less than three days nor more than five days from the date the citation was issued. The alleged violator shall be served a copy of the citation by certified mail or in person. The alleged violator shall appear in municipal court to enter a plea of guilty or not guilty for the violation of this subchapter. If the alleged violator fails to appear in municipal court, a warrant for his/her arrest may be issued. At the judge’s discretion, a summons to appear may be issued in lieu of an arrest warrant. For Stage 5 Emergency Water Shortages, these cases shall be expedited and given preferential setting in municipal court before all other cases.
(Ord. 06-53)
52.27 VARIANCES.
(A) The City Council, or designee, may, in writing, grant temporary variance for existing water uses otherwise prohibited under this ordinance if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance and if one or more of the following conditions are met:
(1) Compliance with this ordinance cannot be technically accomplished during the duration of the water supply shortage or other condition for which the ordinance is in effect.
(2) Alternative methods can be implemented which will achieve the same level of reduction in water use.
(B) Persons requesting a variance from the provisions of the ordinance shall file a petition for variance with the Utilities Division within five days after the ordinance or a particular water shortage response stage has been invoked. All petitions for variance shall be reviewed by the Utilities Division and shall include the following:
(1) Name and address of the petitioner(s).
(2) Purpose of water use.
(3) Specific provision(s) for the ordinance from which the petitioner is requesting relief.
(4) Detailed statement as to how the specific provision of the ordinance adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this subchapter.
(5) Description of the relief requested.
(6) Period of time for which the variance is sought.
(7) Alternative water use restrictions of other measure the petitioner is taking or proposes to take to meet the intent of this subchapter and the compliance date.
(8) Other pertinent information.
(Ord. 06-53)