Chapter 13.16
WATER USE RESTRICTIONS
Sections:
13.16.030 Violation and enforcement.
13.16.010 Purpose.
The purpose of this chapter is to control the use of water from the town water supply system so as to improve conservation and prevent improper use and waste during declared water emergencies. (Ord. 1083 § 1, 1998)
13.16.020 Restrictions.
Whenever, by resolution, the town council declares that existing water supplies in the town’s domestic water supply system are in a condition that requires implementation of an emergency conservation plan, such resolution shall declare whether such condition constitutes a minor emergency, moderate emergency, severe emergency, or critical emergency, whereupon the following user restrictions and penalties shall apply to use of water from the town water supply system:
A. Minor Emergency Condition.
1. There shall be no watering of lawns, which does not include the grass areas which comprise public use athletic and physical education fields.
2. There shall be no washing of any sidewalk, walkway, driveway, parking lot, or other impervious surfaced area, except that high pressure, low water volume washers may be used.
3. There shall be no washing of any building or structure, except that high pressure, low water volume washers may be used.
4. There shall be no washing of any motor vehicle, boat, travel trailer, or airplane other than for safety cleaning of windows, except that high pressure, low water volume washers may be used.
5. No tap water shall be served to customers at restaurants unless expressly requested by the customer to whom it is provided.
6. There shall be no use of water for fire department drills or burn house exercises.
7. Penalties.
a. First observed violation: Hand delivery of a written warning to resident or tenant explaining the town’s present water shortage situation and a verbal warning of the installation of a flow restrictor if a second violation is observed. This is seen as an educational visit;
b. Second observed violation: Installation of a flow-restriction device for seven days that will only allow one gallon per minute of water to enter the premises of the resident; a verbal warning of discontinuance of service if a third violation is observed;
c. Third observed and successive violations: Water service shutoff and a $100.00 charge assessed to the utility account to turn the service back on;
d. Charges assessed for violations shall constitute a lien against the premises to which the water was furnished, in accordance with RCW 35.21.290, which lien may be enforced by terminating water service in accordance with the provisions of RCW 35.21.300.
B. Moderate Emergency Condition.
1. There shall be no watering of lawns including grass areas which comprise public use athletic and physical education fields.
2. There shall be no washing of any sidewalk, walkway, driveway, parking lot, or other impervious surfaced area.
3. There shall be no washing of any building or structure, including the washing of windows.
4. There shall be no washing of any motor vehicle, boat, travel trailer, or airplane other than for safety cleaning of windows except at a commercial washing facility that recycles its wash water.
5. No tap water shall be served to customers at restaurants unless expressly requested by the customer to whom it is provided.
6. There shall be no use of water to fill any indoor or outdoor swimming pool or spa.
7. There shall be no use of water for operating private or public fountains or ponds for aesthetic or scenic uses except where necessary to support fish life.
8. There shall be no use of water for dust control.
9. There shall be no sale of water directly from the town’s reservoir tanks.
10. Landscaping and screening requirements per FHMC Title 17 for development permits issued prior to declaration of a severe emergency condition shall be suspended until the severe emergency condition has abated. The issuance of a final certificate of occupancy for the development shall not be made until all landscaping and screening requirements of the development permit are completed.
11. The town council shall consider enactment by ordinance of a drought surcharge for all classes of water users.
12. The town council shall consider enactment by ordinance of a temporary moratorium on such things as the approval of water availability certificates, the issuance of development permits that will require a new connection to the town’s water supply system, the approval of increases in the size of water meters then serving properties with town water, the extension of any water main that is part of the town’s water system, except for extensions necessary or appropriate for installation of town fire hydrants, approved sprinkler systems, and such other fire suppression systems as may be beneficial to public safety, or such other matters as may be necessary or appropriate under the circumstances.
13. Penalties.
a. First observed violation: Hand delivery of a written warning to the occupant explaining the town’s water shortage situation and subsequent penalties;
b. Second observed violation: A $100.00 charge to the occupant, assessed to the utility account, and a verbal warning of potential water service shutoff;
c. Third observed and successive violations: A $250.00 charge to the occupant, assessed to the utility account, and the water service shutoff;
d. Charges assessed for violations shall constitute a lien against the premises to which the water was furnished, in accordance with RCW 35.21.290, which lien may be enforced by terminating water service in accordance with the provisions of RCW 35.21.300.
C. Severe Emergency Condition. All nonessential use of water from the town’s water supply system shall cease. The following uses are deemed nonessential and shall be prohibited:
1. There shall be no watering of any landscaped areas including trees, plants, vegetable gardens, flowers, or lawns including grass areas which comprise public use athletic and physical education fields.
2. There shall be no washing of any sidewalk, walkway, driveway, parking lot, or other impervious surfaced area.
3. There shall be no washing of any building or structure, including the washing of windows.
4. There shall be no washing of any motor vehicle, boat, travel trailer, or airplane other than for safety cleaning of windows.
5. No tap water shall be served to customers at restaurants unless expressly requested by the customer to whom it is provided.
6. There shall be no use of water to fill any indoor or outdoor swimming pool or spa.
7. There shall be no use of water for operating private or public fountains or ponds.
8. There shall be no use of water for dust control.
9. There shall be no sale of water directly from the town’s reservoir tanks.
10. Landscaping and screening requirements per FHMC Title 17 for development permits issued prior to declaration of a severe emergency condition shall be suspended until the severe emergency condition has abated. The issuance of a final certificate of occupancy for the development shall not be made until all landscaping and screening requirements of the development permit are completed.
11. The town council shall consider enactment by ordinance of a drought charge for all classes of water user.
12. The town council shall consider enactment by ordinance of a temporary moratorium on such things as the approval of water availability certificates, the issuance of development permits that will require a new connection to the town’s water supply system, the approval of increases in the size of water meters then serving properties with town water, the extension of any water main that is part of the town’s water system, except for extensions necessary or appropriate for installation of town fire hydrants, approved sprinkler systems, and such other fire suppression systems as may be beneficial to public safety, or such other matters as may be necessary or appropriate under the circumstances.
13. Water use shall be rationed to all residential classes of users and limited to 50 gallons per day per person residing within the dwelling unit.
14. Water use shall be rationed to all nonresidential users based on 50 percent of their historical usage as calculated by the town.
15. All nonresidential classes of users shall be required to post a notification adjacent to all water use areas that states the severe emergency drought conditions as enacted.
16. Penalties.
a. First observed violation: A $100.00 charge to the occupant, assessed to the utility account, and a verbal warning of potential water service shutoff, and additionally any account whose consumption exceeds the amounts stated in subsections (C)(13) and (C)(14) of this section in two successive billing cycles shall have a water-restricting device placed on their water meter that will limit water flow to one gallon/minute in the case of residential classes of users and five gallons/minute in all other classes of users. Removal of such restrictors shall be made only after the installation by the town of toilet dams, low-flow shower heads, faucet aerators, and other water conservation devices at a cost of time and materials to the account.
b. Second observed and successive violations: A $250.00 charge to the occupant, assessed to the utility account, and the water service shutoff.
c. Charges assessed for violations shall constitute a lien against the premises to which the water was furnished, in accordance with RCW 35.21.290, which lien may be enforced by terminating water service in accordance with the provisions of RCW 35.21.300.
D. Critical Emergency Condition. In order to provide for the essential health, safety, and welfare of the public the only allowed uses of the town’s water supply are:
1. Residential classes of users whose consumption shall be limited to 25 gallons per day per person residing within each dwelling unit.
2. Group care facilities housing the infirm or elderly whose consumption shall be limited to 50 gallons per day per person residing within such group care facility.
3. Fire suppression as needed.
4. Municipal uses to process water, wastewater, or refuse as required by law.
5. Penalties.
a. First observed and successive violations: A $500.00 charge to the occupant, assessed to the utility account, and the water service shutoff;
b. Charges assessed for violations shall constitute a lien against the premises to which the water was furnished, in accordance with RCW 35.21.290, which lien may be enforced by terminating water service in accordance with the provisions of RCW 35.21.300. (Ord. 1083 § 2, 1998)
13.16.030 Violation and enforcement.
The town administrator or designee is the person with responsibility for enforcing this chapter’s provisions. In addition to penalties set out in FHMC 13.16.020(C)(16), a violation is a civil infraction subject to the process and provisions of Chapter 1.18 FHMC. Each day a violation exists may be treated as a separate violation. (Ord. 1532 § 9, 2014; Ord. 1083 § 3, 1998)