§ 98-476. Emergency authority.

(a)

Purpose and scope. The purpose of this section is to establish the city's policy in the event of shortages or delivery limitations in the city's water supply and to establish water restrictions to be enforced in case of drought or emergency conditions. This section applies to:

(1)

All persons and premises within the city using water from the water system;

(2)

All retail customers who live in unincorporated areas within the city's extraterritorial jurisdiction and are served by the water system; and

(3)

All wholesale service customers outside the city to the extent provided in subsection (h).

(b)

Drought and water emergency plan. The drought and water emergency plan ("plan") attached as "Exhibit B" to the ordinance adopting this division is incorporated by reference. The drought and water emergency plan may be amended from time to time by adopting an ordinance or by amending the plan itself.

(c)

Authority. The director is authorized to implement measures prescribed when required by this section and by the drought and water emergency plan approved by the city council. The director is authorized to enforce the measures implemented and to promulgate regulations, not in conflict with this section, the plan or state and federal laws, in aid of enforcement.

(d)

Initiation of plan stages. The director may order that the appropriate stage of the drought and water emergency plan be initiated upon determination that drought conditions or a water emergency exists. To be effective, the order must be:

(1)

Made by public announcement to local media; and

(2)

Published on the city's website.

(e)

Duration of stage; change. A stage will remain in effect until the conditions that triggered initiation of the stage have been eliminated. If the stage is initiated because of excessive demands, all initiated actions will remain in effect through September 30 of the year in which they were triggered unless the director determines that conditions exist that will allow termination of the stage before September 30. When conditions change, the director may terminate, upgrade or downgrade the stage. Any such change must be made in the same manner prescribed in subsection (d).

(f)

Violation of section. A person commits an offense if he knowingly makes, causes or permits a use of water contrary to the measures implemented by the director as prescribed in the plan. For purposes of this subsection, it is presumed that a person has knowingly made, caused or permitted a use of water contrary to the measures implemented if the mandatory measures have been formally ordered consistent with the terms of subsection (d) and:

(1)

The manner of use has been prohibited by the drought and water emergency plan;

(2)

The amount of water used exceeds that allowed by the drought and water emergency plan; or

(3)

The manner or amount used violates the terms and conditions of a compliance agreement made pursuant to a variance granted by the director.

(g)

Penalties/enforcement of violations. Any person who is convicted of violating, disobeying, omitting, neglecting or refusing to comply with a measure implemented in accordance with this section and the drought and water emergency plan will be given a written warning that he has violated a mandatory water use restriction as a first offense. Any person who is convicted of violating, disobeying, omitting, neglecting or refusing to comply with a measure implemented in accordance with this section and the drought and water emergency plan may be fined not more than $2,000.00 for each subsequent offense. In addition, the following penalties shall apply:

(1)

A person who is convicted of violating, disobeying, omitting, neglecting or refusing to comply with a measure implemented in accordance with this section and stage 1 of the plan as a second offense, shall be fined not less than $100.00.

(2)

A person who is convicted of violating, disobeying, omitting, neglecting or refusing to comply with a measure implemented in accordance with this section and stage 2 of the plan as a second offense, shall be fined not less than $250.00.

(3)

A person who is convicted of violating, disobeying, omitting, neglecting or refusing to comply with a measure implemented in accordance with this section and stage 3 of the plan as a second offense, shall be fined not less than $500.00.

(4)

If a person is convicted of violating, disobeying, omitting, neglecting or refusing to comply with a measure implemented in accordance with this section and the plan as a third offense, the director may either:

a.

Install a flow restrictor in the water line to the premises where the violations occurred to limit the amount of water that may pass through the meter in a 24-hour period or a lock-out device to a backflow assembly; or

b.

Discontinue water service to the premises where the violation occurred.

(h)

Wholesale service to customers outside the city. The director shall advise customers receiving wholesale water service from the city of actions taken under the drought and water emergency plan. The director may restrict service to customers outside the city as permitted under the contract and state law.

(i)

Authority under other laws. Nothing in this section shall be construed to limit the authority of the mayor, the city council or the city manager to seek emergency relief under the provisions of any state or federal disaster relief act.

(Ord. No. O-2009-005-11, § 1, 1-26-09; Ord. No. O-2014-012-11, § 1, 6-23-14)