(a)   Definitions: As used in this article:

CONSUMER: Any person taking water for any purpose from the City’s water distribution system and for which either a monthly charge is made or, in the case of coin sales, a cash charge is made at the site of delivery.

WASTE OF WATER: Shall include, but is not limited to: 1) permitting water to escape down a gutter, ditch, or other surface drain; or 2) failure to repair a controllable leak of water due to defective plumbing.

WATER: Water available to the City for treatment or any treated water introduced by the City into its water distribution system, including water offered for sale at any coin-operated site.

(b)   Classifications:

The following classes of uses of water are established:

Class 1: Water used for outdoor watering, either public or private, of gardens, lawns, trees, shrubs, plants, football fields, baseball fields, playgrounds, golf courses, swimming pools, or other recreational areas; or the washing of cars, boats, trailers, or the exterior of any building or structure.

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 the place of commercial or industrial enterprise.

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

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

(Code 1961, 9-14-1; Ord. 3283; Code 2023)

The Governing Body of the City reserves the right to restrict, through either voluntary or mandatory means, or to prohibit the use of water, including untreated water; or to restrict and specify the purposes for which such water may be used or the times at which it may be used or sold, or both, whenever the Governing Body determines that there is the need for such measures in order to protect the public water supply. There shall be three (3) levels of response to a threat of a water supply shortage:

(a)   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 shall take steps to inform the public and ask for voluntary reductions in water use.

(b)   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.

(c)   Declaration Of Water Emergency: Whenever the Governing Body of the City finds that a water supply emergency exists by reason of a shortage of supply needed for essential uses, it shall be empowered to declare by resolution that a water supply emergency exists and impose mandatory restrictions on water use during the period of the emergency.

(d)   Effective Time: Such period of watch, warning or emergency continues until declared at an end. The resolutions declaring the beginning and ending of the water watch, warning or emergency shall be effective upon their publication in the official City newspaper.

(Code 1961, 9-14-2; Ord. 3283; Code 2023)

(a)   At such time as a water watch is by resolution declared to exist, the City Manager shall call on all water consumers to employ voluntary water conservation measures to limit or eliminate nonessential water uses including, but not limited to, limitation 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; and

(4)   Waste of water.

(b)   At such time as a water warning is by resolution declared to exist, the City Manager shall call on all water consumers to employ the water conservation measures specified in the above subsection and shall in addition impose such restrictions or prohibition wholly or in part on:

(1)   Sales of water at coin-operated sites or facilities;

(2)   Place restrictions or prohibitions upon the taking or use of water by any person, group of persons, association, joint venture, partnership, or corporation other than the City for its own uses from Lake Garnett, Crystal Lake, or Cedar Valley Reservoir;

(3)   Impose an odd/even lawn watering system on City residents in which residents with odd-numbered addresses will water on odd days, even addresses will water on even days;

(4)   Restrict outdoor water use, including lawn watering and car washing to before ten o’clock (10:00) A.M. and after nine o’clock (9:00) P.M.; and

(5)   Allow the refilling of swimming pools only one day a week after sunset.

(c)   At such time as a water emergency is by resolution declared actually to exist, the City Manager shall implement 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 ban on the waste of water; and

(6)   Any combination of the foregoing measures, or all, as may be set forth and specified in detail in the resolution declaring a water emergency or any amendment to such resolution.

(Ord. 3283, 8-11-1998)

During the effective period of any water emergency resolution or any amendment thereto passed, publicized, and made effective, as by this article provided, the City Manager or his delegate is empowered to promulgate such regulations as may be necessary to carry out the provisions of this article and any water emergency resolution, or amendment thereof; such regulations shall be subject to approval by the Governing Body at its next regular meeting occurring after the promulgation and imposition of such regulations, but such regulations shall be fully effective unless and until modified by the Governing Body.

(Code 1961, 9-14-4; Ord. 2582; Code 2023)

Any person violating any provisions of this article, of any resolution declaring an actual water emergency, or any administrative regulation promulgated under Section 15-1104 shall, upon conviction thereof, be guilty of a misdemeanor and shall be fined not less than fifty dollars ($50.00), and such person may, in addition to such fine, be imprisoned in the City jail for a period not to exceed thirty (30) days; and upon a second or subsequent conviction hereunder, shall be fined not less than one hundred dollars ($100.00) and shall be imprisoned in the City jail for a period not to exceed thirty (30) days and no motion for probation, parole, or stay of execution of sentence, or any other relief the effect of which would be to permit mitigation of such sentence shall be heard until at least five (5) consecutive days thereof have been served. Each day’s violation shall constitute a separate offense.

(Code 1961, 9-14-5; Ord. 2582; Code 2023)

In addition to any other penalty provided in this article, if any customer violates or allows or permits the violation of any provisions of a water supply emergency resolution or ordinance adopted in conjunction with the declaration of such emergency, a written notice of the violations shall be affixed to the property where the violation occurred and delivered to the customer of record and any other person known to the City to be responsible for such violation 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.

(a)   If the order is not complied with, the City may terminate water service to the customer subject to the following procedures:

(1)   The City shall give the customer notice by mail or actual notice that water service will be discontinued within a specified time due to such violation and that the customer has 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;

(2)   If such hearing is requested, the customer shall be given a full opportunity to be heard before termination is ordered; and

(3)   The Governing Body or hearing officer shall make findings of fact and order whether service should continue or be terminated.

(b)   A fee of fifty dollars ($50.00) shall be paid for the reconnection of any water service terminated pursuant to this Section. In the event of such violations, the reconnection fee shall be two hundred dollars ($200.00) for the second reconnection and three hundred dollars ($300.00) for any additional reconnections.

(c)   Nothing in this Section shall limit or restrict the ability of the City from terminating Municipal water supplied to any or to all customers upon the determination that such is required during the pendency of the water emergency to protect the health and safety of the public at large.

(Code 1961, 9-14-6; Ord. 3283; Code 2023)

Upon the declaration of a water emergency, 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 to be limited to: a) higher charges for increasing usage per unit of use (increasing block rates); b) uniform charges for water usage per unit of use (uniform unit rate); or c) extra charges in excess of a specified level of water use (excess demand surcharge).

(Code 1961, 9-14-7; Ord. 3283; Code 2023)