ARTICLE VI. VOLUNTARY, MANDATORY AND EMERGENCY RESTRICTIONS ON USE OF PUBLIC WATER
Sec. 18-151. Declaration of voluntary, mandatory or emergency water use restrictions.
The director shall declare voluntary water use restrictions and recommend to the county administrator that he declare mandatory or emergency water use restrictions during periods of extended droughts or other emergency conditions in which available water resources are compromised. Any declaration of mandatory or emergency water use restrictions shall be confirmed by the board of supervisors at its next regularly scheduled meeting after the declaration or within 14 days after the declaration, whichever occurs first. Water use restrictions shall be declared to assure maximum beneficial use of available water resources for the public welfare. The director shall use as a basis for declaring or recommending water use restrictions established criteria for reservoir levels and river flows as developed and provided by source-water suppliers. Emergency water use restrictions may also be imposed if the director recommends them based on a determination that an emergency condition of any nature exists that threatens the availability of the public drinking water supply. The director shall likewise nullify, or recommend the nullification of, the water use restrictions when recovered conditions based on established criteria for reservoir levels and river flows are met or when in the director's judgment, the emergency condition has been resolved.
(Ord. of 9-26-07, § 1)
Sec. 18-152. Voluntary water conservation measures.
Upon the declaration of voluntary water conservation measures, users of the public water system are requested to voluntarily limit their use of public water as follows:
(1) Decorative or landscape fountains. Limit filling and replenishing to two days per week, from 8:00 p.m. to 10:00 a.m.
(2) Paved areas. Limit washing to two days per week. Unrestricted for immediate health and safety concerns.
(3) Swimming pools. Limit to filling and replenishing to maintain health and safety.
(4) Vehicle washing. Non-commercial washing is limited to two days per week using only hand-held hoses with an automatic shut-off nozzle. Commercial vehicle washing businesses are permitted to operate under normal conditions.
(5) Established landscaping and gardens. Watering is limited to three days per week by address. Addresses ending with an odd number may water only on Tuesdays, Thursdays and Saturdays. Addresses ending with an even number and locations with no street number may water only on Wednesdays, Fridays and Sundays. Watering is prohibited on Mondays. Watering with buckets of up to five gallons per day is permitted any time.
(6) Vegetable gardens. Limit watering to any two days per week and from 8:00 p.m. to 10:00 a.m. on any day. Watering by bucket is unrestricted.
(7) New landscaping. All watering is permitted for the first ten days after planting. Thereafter, the restriction for established landscaping and vegetable gardens shall apply.
(8) Golf courses. Limit watering to 8:00 p.m. to 10:00 a.m. on any day. Greens are exempted from this restriction.
(9) Businesses. Limit to essential use only.
(10) Restaurants. No restrictions.
(11) All other consumption. Conservation by any means encouraged.
(Ord. of 9-26-07, § 1)
Sec. 18-153. Mandatory public water use restrictions.
Upon the declaration of mandatory public water use restrictions, users of the public water system shall limit their use of public water as follows:
(1) Decorative or landscape fountains. Water use is prohibited.
(2) Paved areas. Washing is prohibited except for immediate health and safety requirements.
(3) Swimming pools. Limit to filling and replenishing to maintain health and safety. All other uses are prohibited.
(4) Vehicle washing. Non-commercial washing is limited to one day per week using only hoses with an automatic shut-off nozzle. Commercial vehicle washing businesses are permitted to operate under normal conditions.
(5) Established landscaping and gardens. Watering is limited to three days per week by address. Addresses ending with an odd number may water only on Tuesdays, Thursdays and Saturdays. Addresses ending with an even number and locations with no street number may water only on Wednesdays, Fridays and Sundays. Watering is prohibited on Mondays. Watering with buckets of up to five gallons per day is permitted any time.
(6) Vegetable gardens. Limit watering to any two days per week and from 8:00 p.m. to 10:00 a.m. on any day. Watering by bucket is unlimited.
(7) New landscaping. All watering is permitted for the first ten days after planting. Thereafter, the restriction for established landscaping and vegetable gardens shall apply.
(8) Golf courses. Watering restricted to Tuesday through Sunday between 8:00 p.m. and 4:00 a.m. Greens are exempted from this restriction.
(9) Businesses. Limit to essential use only.
(10) Restaurants. No restrictions.
(11) All other consumption. Conservation by any means encouraged.
(Ord. of 9-26-07, § 1)
Sec. 18-154. Emergency public water use restrictions.
Upon declaration of emergency public water use restrictions, users of the public water system shall limit their use of public water as follows:
(1) Decorative or landscape fountains. All water use is prohibited.
(2) Paved areas. All water use is prohibited.
(3) Swimming pools. All water use is prohibited.
(4) Vehicle washing. All water use is prohibited.
(5) Established landscaping and gardens. All water use is prohibited.
(6) Vegetable gardens. All water use prohibited.
(7) New landscaping. All water use is prohibited.
(8) Golf courses. All water use is prohibited.
(9) Businesses. Limit water usage to those essential for business and human hygiene.
(10) Restaurants. Water use only for cooking, hygiene and meal beverage.
(11) All other consumption. Limit water to essential use only.
(Ord. of 9-26-07, § 1)
Sec. 18-155. Public notification.
Notice of the declaration of voluntary water conservation measures will be furnished to local media formats including but not limited to print media, radio, television and appropriate computer-based websites. Notice of the declaration of mandatory and emergency public water use restrictions shall be furnished to the same local media formats. Additionally, declaration for mandatory and emergency public water use restrictions shall be published in widely circulated print media for a minimum of one day per week for each week that the restrictions are in force.
(Ord. of 9-26-07, § 1)
Sec. 18-156. Violation.
It shall be a violation for any person to use water or allow or cause the use of water in violation of the provisions for mandatory and emergency water use restrictions after the first publication required by section 18-155 herein.
(Ord. of 9-26-07, § 1)
Sec. 18-157. Penalty.
(a) Any person who violates any provisions of this article related to mandatory water use restrictions shall be subject to the following penalties:
(1) For the first offense, violators shall be fined $100.00. For the second offense, violators shall be fined $200.00. For the third offense, violators shall be fined $400.00. For the fourth offense, violators shall be fined $800.00. For the fifth and each subsequent offense, violators shall be fine $1,600.00. All fines shall be imposed on the violator's next water bill.
(2) Each violation by a person shall be counted as a separate violation by that person, irrespective of the location at which the violation occurs.
(3) Persons shall have the right to challenge the assessment of a penalty. Such challenge shall be filed within ten days of the assessment of the penalty by notifying the county attorney of such challenge, in writing. Upon receipt of such challenge, the county attorney shall file a civil warrant in General District Court seeking adjudication of the imposition of the fine.
(b) Any person who violates any provisions of this article related to emergency water use restrictions shall be subject to the following penalties:
(1) For the first offense, violators shall be fined $200.00. For the second offense, violators shall be fined $400.00. For the third offense, violators shall be fined $800.00. For the fourth and each subsequent offense, violators shall be fine $1,600.00. All fines shall be imposed on the violator's next water bill.
(2) Each violation by a person shall be counted as a separate violation by that person, irrespective of the location at which the violation occurs.
(3) Persons shall have the right to challenge the assessment of a penalty. Such challenge shall be filed within ten days of the assessment of the penalty by notifying the county attorney of such challenge, in writing. Upon receipt of such challenge, the county attorney shall file a civil warrant in General District Court seeking adjudication of the imposition of the fine.
(Ord. of 9-26-07, § 1)
Sec. 18-158. Definitions.
The following words and phrases, when used in this article, shall have the meaning ascribed to them below, except in those instances where the context clearly indicates a different meaning:
Established landscaping. Landscaping plantings existing in an area after such period of time as to accomplish an establishment and maintenance of growth.
New landscaping. Any landscaping made up of plants or seeds in or transplanted to an area within such period of time as to accomplish a reasonable establishment and maintenance of growth. Over seeding an existing lawn does not qualify as new landscaping.
Person. Any individual corporation, partnership, association, company, business, trust, joint venture or other legal entity.
Swimming pool. Any structure, basin, chamber, or tank, containing an artificial body of water for swimming, diving or recreational bathing and having a depth of two feet or more at any point.
Vegetable garden. Any "non-commercial" vegetable garden planted primarily for household use; "non-commercial" includes incidental direct selling of produce from such a vegetable garden to the public.
(Ord. of 9-26-07, § 1)
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