Chapter 13.55
WATER CONSERVATION MEASURES

Sections:

13.55.010  Purpose.

13.55.020  Definitions.

13.55.030  Declaration of a water emergency.

13.55.040  Voluntary conservation measures.

13.55.050  Mandatory conservation measures.

13.55.060  Emergency water rates.

13.55.070  Regulations.

13.55.080  Violations – Disconnections – Penalties.

13.55.090  Emergency termination.

13.55.010 Purpose.

The purpose of this chapter is to provide for the declaration of a water supply emergency and the implementation of voluntary and mandatory water conservation measures throughout the town water system in the event such an emergency is declared. (Ord. 389 § 1, 1998)

13.55.020 Definitions.

(1) "Customer" shall mean the customer of record using water for any purpose from the town’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.

(2) "Waste of water" includes, but is not limited to:

(a) Permitting water to escape down a gutter, ditch, or other surface drain; or

(b) Failure to repair a controllable leak of water due to defective plumbing.

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

(a) 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 area; or the washing of motor vehicles, boats, trailers, or the exterior of any building or structure.

(b) Class 2: Water used for any commercial or industrial use, 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.

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

(d) Class 4: Water necessary only to sustain human life and the lives of domestic pets and maintain standards of hygiene and sanitation. (Ord. 389 § 2, 1998)

13.55.030 Declaration of a water emergency.

Whenever the governing body of the town finds that an emergency exists by reason of a shortage of water supply needed for essential uses, the mayor shall be empowered to declare that a water supply emergency exists and will encourage voluntary water conservation or 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 council to have ended. The mayor’s declaration and council’s resolution declaring the existence and end of a water supply emergency shall be effective upon their publication in the official town newspaper, or by other delivery of notice to customers. (Ord. 389 § 3, 1998)

13.55.040 Voluntary conservation measures.

Upon the declaration of a water supply emergency as provided in CMC 13.55.030, the mayor is authorized to call on all water consumers to employ voluntary water conservation measures to limit or eliminate nonessential water uses including, but not limited to, limitations on the following uses:

(1) Sprinkling of water on lawns, shrubs or trees (including golf courses);

(2) Washing of automobiles;

(3) Use of water in swimming pools, fountains and evaporative air conditioning systems;

(4) Waste of water. (Ord. 389 § 4, 1998)

13.55.050 Mandatory conservation measures.

Upon the declaration of water supply emergency as provided in CMC 13.55.030, the mayor is also authorized to implement certain mandatory water conservation measures, including, but not limited to, the following:

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

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

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

(4) 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;

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

(6) Any combination of the foregoing. (Ord. 389 § 5, 1998)

13.55.060 Emergency water rates.

Upon the declaration of a water supply emergency as provided in CMC 13.55.030, the governing body of the town 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:

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

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

(3) Extra charges in excess of a specified level of water use (excess demand surcharge). (Ord. 389 § 6, 1998)

13.55.070 Regulations.

During the effective period of any water supply emergency as provided for in CMC 13.55.030, the mayor is empowered to promulgate such regulations as may be necessary to carry out the provisions of this chapter, 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. 389 § 7, 1998)

13.55.080 Violations – Disconnections – Penalties.

(1) If the mayor, public works superintendent, or other town official or officials charged with implementation and enforcement of this chapter or a water supply emergency resolution or ordinance, learn of any violation of any water use restrictions imposed pursuant to CMC 13.55.050 and 13.55.070, 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 town 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 the order that it be corrected, cured or abated immediately or within such specified time as the town determines is reasonable under the circumstances. If the order is not complied with, the town may terminate water service to the customer subject to the following procedures:

(a) The town shall give the customer notice by mail or actual notice that the 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 town governing body or a town official designated as a hearing officer by the governing body;

(b) 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

(c) A fee of $50.00 shall be paid for the reconnection of any water service terminated pursuant to subsection (1) of this section. In the event of subsequent violations, the reconnection fee shall be $200.00 for the second violation and $300.00 for any additional violations.

(2) Violation of this chapter shall be an infraction and may be prosecuted in municipal court. Each day’s violation shall constitute a separate infraction. The penalty for an initial violation shall be a mandatory fine of $100.00. The penalty for a second or subsequent conviction shall be a mandatory fine of $200.00.

(3) The criminal and civil penalties above described are nonexclusive. They need not be used in conjunction with each other, and their enumeration herein shall not prevent the town from taking advantage of any other remedy to which it may be entitled. (Ord. 389 § 8, 1998)

13.55.090 Emergency termination.

Nothing in this chapter shall limit the ability of any properly authorized town official from terminating the supply of water to any or all service connections as required to protect the health and safety of the public. (Ord. 389 § 9, 1998)