Chapter 13.08
WATER CRISIS EMERGENCIES
Sections:
13.08.030 Water crisis emergency.
13.08.040 Prohibited acts during water crisis emergency.
13.08.050 Exception to maintain sanitation.
13.08.060 Length of restriction or prohibition.
13.08.070 Declaration of water crisis state of emergency.
13.08.080 Authority of officer.
13.08.090 Violations—Penalties.
13.08.010 Definitions.
For the purpose of this chapter, the following terms, words, phrases and their derivations shall have the meaning given herein. When not inconsistent with the context, the words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
“City” is the city of Sutherlin.
“Person” includes a natural person and any firm, partnership, association, corporation, including a municipal corporation and a subdivision of the state of Oregon, company or other organization of any kind.
“Water” is water from the city water supply system. (Ord. 614 § 1, 1979)
13.08.020 Applicability.
The provisions of this chapter shall apply to all persons using water, both in and outside the city, regardless of whether any person using water shall have a contract for water service with the city. (Ord. 614 § 2, 1979)
13.08.030 Water crisis emergency.
Whenever the city council finds, on the basis of the water storage reserves, that the amount of water available and the probable use of water or the probable drawing thereon from the city mains makes it necessary that there be a conservation of the water to protect the citizens and property in the city, the mayor with the consent of a majority of the city council may declare a water crisis state of emergency. The water crisis state of emergency may be declared by the mayor on a regular or special meeting of the city council, or in case of extreme emergency by the council members being polled informally by the city manager, and the results of the poll furnished the mayor. Should this occur, the council shall ratify the action at its next regular or special meeting. (Ord. 614 § 3, 1979)
13.08.040 Prohibited acts during water crisis emergency.
During a water crisis state of emergency it is unlawful:
A. For any person not engaged in a commercial or industrial enterprise to use any water except for inside household use necessary for the health, sanitation and welfare of the household;
B. For a person engaged in a commercial or industrial enterprise to use water for any purpose except such as is necessary to keep the enterprise operating.
However, the council may make exceptions from time to time to the above restrictions as the council deems proper considering the severity of the water crisis state of emergency. The exceptions may include irrigation of lawns and gardens in the manner and at the times specified by the council making the exceptions. (Ord. 614 § 4, 1979)
13.08.050 Exception to maintain sanitation.
The city health officer, after written notice to the mayor, shall have the authority to permit a reasonable use of water in any case necessary to maintain adequate health and sanitation standards. (Ord. 614 § 5, 1979)
13.08.060 Length of restriction or prohibition.
The prohibition shall remain in effect until terminated by announcement of the mayor in accordance with this chapter. (Ord. 614 § 6, 1979)
13.08.070 Declaration of water crisis state of emergency.
A. The mayor shall cause each declaration made by him pursuant to this chapter to be publicly announced by means of radio broadcast from any radio station with its normal operating range covering the city, and he shall cause such declaration to be further announced in a newspaper of general circulation within the city. Each announcement shall prescribe the action taken by the mayor, including the time it became or will become effective, and shall specify the particular use for which the use of water will be prohibited.
B. Whenever the mayor shall find the conditions which gave rise to the water prohibition in effect pursuant to this chapter no longer exist, he may declare the prohibition terminated in whole or in part in the manner prescribed by this chapter, effective immediately upon announcement.
C. The mayor shall make or cause to be made a record of each time and date when any declaration is announced to the public in accordance with this section, and this includes the notice of termination, both in whole or in part. (Ord. 614 § 7, 1979)
13.08.080 Authority of officer.
Any police officer or other employee of the city may enter upon the premises of any person for the purpose of shutting off or reducing the flow of any water being used contrary to the provisions of this chapter. (Ord. 614 § 8, 1979)
13.08.090 Violations—Penalties.
A person violating any of the provisions of this chapter shall be deemed guilty of a violation and punished by a fine of not more than one hundred dollars ($100.00). Each day such violation is committed or permitted to continue shall constitute a separate violation and shall be punishable as such hereunder. (Ord. 614 § 9, 1979)