Chapter 13.10
WATER REGULATIONS

Sections:

13.10.010    Customers keep pipes in repair.

13.10.020    City may shut off mains without notice.

13.10.030    Misdemeanors.

13.10.040    Unlawful turning on of water.

13.10.050    Excavations.

13.10.060    Service connections for water.

13.10.070    Meter installation.

13.10.080    Installation for larger meters.

13.10.090    Cross connections prohibited.

13.10.100    Protective back-flow preventers required.

13.10.110    Inspection.

13.10.120    Protection from contaminants.

13.10.130    Incorporation by reference.

13.10.140    Conservation policy – Fees – Penalties.

    Prior legislation: Ord. 1727.

13.10.010 Customers keep pipes in repair.

Customers shall, at their own expense, keep the water lines and fixtures located within or upon their property in good repair and free from leaks. No claim shall be made against the City for damages caused by breakage or leakage of any valve or service line. Any adjustments to customer charges for water that has passed through the meter due to leaks will be made in accordance with the utility bill adjustment policy which has been adopted and may be amended administratively. (Ord. 2458 § 1; Ord. 1832 § 1. Code 1990 § 15-201)

13.10.020 City may shut off mains without notice.

The City reserves the right to shut off the water at any time, without notice, for the purpose of making repairs or extensions or for any other reason deemed necessary, and no claims for damages shall be made against the City due to interruption of service. (Ord. 1832 § 1. Code 1990 § 15-202)

13.10.030 Misdemeanors.

No person shall remove, obstruct, alter or injure any fire hydrant, valve, valve box cover, stopcock or stopcock box or cover, water meter or water meter cover, climb the water tower, or in any manner injure any building, machinery, or other appurtenances belonging to the Water Division of the City, or carry off or injure any pipe, tools, fixtures, apparatus, or property appertaining to the water system of said City. (Ord. 1832 § 1. Code 1990 § 15-203)

13.10.040 Unlawful turning on of water.

It shall be unlawful for any person or persons to turn the water on, or cause the same to be turned on, upon any premises where the water shall have been shut off for any of the reasons herein provided, without authority from the City of Gardner. (Ord. 1832 § 1. Code 1990 § 15-204)

13.10.050 Excavations.

No person or persons shall be permitted to make any excavations in any street or alley within the corporate limits of the City for the purpose of laying any pipes for water service without first having procured a permit in writing to do so from the City. No person or persons shall make excavations in any street or alley within said City within six feet of any water pipe while the ground is frozen, or to dig up or uncover so as to expose to the frost any water pipe or sewer of the City, except under the direction of the City of Gardner. No person or persons shall leave any excavation made in any street or alley within said City open at any time without barricades. During nights, warning lights must be maintained at such excavations at all times when the same are open or partially open. When any excavations are made in said streets or alleys within the City, the streets, alleys, sidewalks and pavements must be restored to as good a condition as they were previous to the making of the excavation by the parties making or causing the same to be made. Should any person or persons leave any street, alley, sidewalk or pavement in a condition not a good as before such excavation was made, or should the work be improperly done or the rubbish caused thereby not properly cleared away, the City of Gardner shall have the right to finish or correct the work, and the expense shall be charged to the customer or customers and shall be paid before water is turned on. (Ord. 1832 § 1. Code 1990 § 15-205)

13.10.060 Service connections for water.

All service pipes shall be laid by the applicant or their designee from the main to the structure. Parties desiring water shall pay a meter installation charge which shall include tapping of the water main and the installation of the water meter. There is hereby levied a water tap fee. Said water tap fee shall be set by the Governing Body by resolution. No plumber, customer or other person shall extend pipes from one property or street address to another without special written consent from the City of Gardner. (Ord. 2652 § 4; Ord. 2348 § 1; Ord. 2103 § 1. Code 1990 § 15-206)

13.10.070 Meter installation.

Installation fees for the installation of water meters, including separate water meters for irrigation systems and sprinkler systems, shall be established by the Governing Body by resolution. (Ord. 2348 § 2; Ord. 2336 § 2)

13.10.080 Installation for larger meters.

In the event that meters larger than two inches are needed, the design of said installation shall be determined by the property owner’s design engineer/architect and approved by the City of Gardner, and all design and installation costs shall be paid by the property owner. The meter shall be of the type specified in the City Technical Specifications for Public Improvements, most recent edition. An inspection fee will be charged for meters larger than two inches, said fee to be established by the Governing Body by resolution. (Ord. 2348 § 3; Ord. 1927 § 5. Code 1990 § 15-208)

13.10.090 Cross connections prohibited.

No person, company, corporation or institution shall establish or permit to be established, or maintain or permit to be maintained, any cross connection whereby a private water supply or any source of contamination may enter the regular public water supply of the City of Gardner, unless said source is approved by the City of Gardner and the Kansas Department of Health and Environment. (Ord. 1832 § 1. Code 1990 § 15-209)

13.10.100 Protective back-flow preventers required.

Approved devices to protect against back-flow or back-siphonage shall be installed at all fixtures and equipment where back-flow or back-siphonage may occur and where there is a hazard of contamination of the potable water supply system.

A. Permits. There is hereby levied a protective back-flow prevention permit fee. Said permit fee shall be set by the Governing Body by resolution. (Ord. 2676 § 1; Ord. 1832 § 1. Code 1990 § 15-210)

13.10.110 Inspection.

The City Codes Administrator or other designate of the City of Gardner shall have the right of entry into any building or premises in the City as frequently as necessary in order to ensure that plumbing has been installed in a manner as to prevent the possibility of contamination of the public water supply of the City of Gardner, Kansas. (Ord. 1832 § 1. Code 1990 § 15-211)

13.10.120 Protection from contaminants.

Pursuant to the authority given under Home Rule Powers and K.S.A. 65-163a, the City of Gardner may refuse to deliver water to any premises where a condition exists which might lead to the contamination of the public water and may continue to refuse to deliver water until the condition is corrected to the satisfaction of the City. In addition, the City may immediately terminate water service to a premises where a back-flow or back-siphonage condition exists which may be hazardous to the health of customers served by this public water supply system of the City of Gardner. (Ord. 1832 § 1. Code 1990 § 15-212)

13.10.130 Incorporation by reference.

There is hereby incorporated by reference for the purpose of regulating cross connections between the public water supply and any sources of contamination that certain manual adopted by the Governing Body of the City of Gardner known as “Manual of Regulations Regulating Back-Flow and Back-Siphonage of Contaminants Due to Cross Connections for the City of Gardner Public Water Supply.” No fewer than three copies of said manual shall be marked or stamped, “Official Copy as Adopted by Ordinance No. 1653,” to which shall be attached a copy of said ordinance, and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours. (Ord. 1832 § 1. Code 1990 § 15-213)

13.10.140 Conservation policy – Fees – Penalties.

The City of Gardner shall 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 a watch, warning or emergency is declared.

A. Definitions.

1. “Water” shall mean water available to the City of Gardner for treatment by virtue of its water rights or any treated water introduced by the City into its water distribution system, including water offered for sale at any coin-operated site.

2. “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.

3. “Waste of water” shall include but not be 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.

B. Classes of uses of water shall be established as follows:

1. 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.

2. 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.

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

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

C. Water Conservation Plan. The City Council shall adopt by resolution a water conservation plan establishing the conditions triggering water conservation and the education, management and regulation actions to be taken at various stages of water shortage.

D. Declaration of 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 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 passage and submission to the official City newspaper.

E. Declaration of 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 warning 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 passage and submission to the official City newspaper.

F. Declaration of 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 supply emergency shall be effective upon their passage and submission to the official City newspaper.

G. Voluntary Conservation Measures. Upon the declaration of a water watch as provided in subsection (D) of this section, the City Administrator or Utilities Director 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.

H. Mandatory Conservation Measures. Upon the declaration of a water supply warning or emergency as provided in subsections (E) and (F) of this section, the City Administrator or Utilities Director is also authorized to implement certain mandatory water conservation measures, including, but not limited to, the following:

1. 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;

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 measures.

I. Emergency Water Rates. Upon the declaration of a water supply emergency as provided in subsection (F) of this section, 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:

1. Higher charges for increasing usage per unit of 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).

J. Regulations. During the effective period of any water supply warning or emergency as provided for in subsections (E) and (F) of this section, the City Administrator or Utilities Director is empowered to promulgate such regulations as may be necessary to carry out the provisions of this section, any water supply emergency resolution, or emergency water rate ordinance.

K. Violations, Disconnections and Penalties.

1. If the City Administrator, Utilities Director, or their designee charged with implementation and enforcement of this section or a water supply emergency resolution learns of any violation of any water use restrictions imposed pursuant to subsection (H) or (J) of this section, 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. Said 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:

a. 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;

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. The Governing Body or Hearing Officer shall make findings of fact and order whether service should continue or be terminated.

2. A fee shall be paid for the reconnection of any water service terminated pursuant to subsection (K)(1)(a) of this section, in the event of subsequent violation, an additional reconnection fee shall be paid. Said reconnection fees shall be set by the Governing Body by resolution.

3. Violations of this section shall be a municipal offense and may be prosecuted in Municipal Court. Any person so charged and found guilty in Municipal Court of violating the provisions of this section shall be guilty of a municipal offense. Each day’s violation shall constitute a separate offense. The penalty for an initial violation shall be a mandatory fine of $100.00. In addition, such customer may be required by the Court to serve a definite term of confinement in the City or County Jail which shall be fixed by the Court and which shall not exceed 30 days. The penalty for a second or subsequent conviction shall be a mandatory fine of $200.00. In addition, such customer may serve a definite term of confinement in the City or County Jail which shall be fixed by the Court and which shall not exceed 30 days.

L. Emergency Termination. Nothing in this section 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.

M. Severability. If any provision of this section is declared unconstitutional, or the application thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the section and its applicability to other persons and circumstances shall not be affected thereby. (Ord. 2616 § 1; Ord. 2531 § 19; Ord. 2267 § 25; Ord. 1832 § 1. Code 1990 § 15-214)