HomeMy Public PortalAboutORD13905 • BILL NO. 2005-42 PASSED AS AMENDED
SPONSORED BY COUNCILMAN Vogel
ORDINANCE NO. 9OS�
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI,AMENDING CHAPTER 11
OF THE CITY CODE BY AUTHORIZING THE MAYOR TO DECLARE A WATER
EMERGENCY AND PROHIBIT CERTAIN USES OF WATER WITHIN THE CITY NO
ESSENTIAL TO PUBLIC WELL BEING,AUTHORIZING THE TERMINATION OF WATER
SERVICE, PRESCRIBING PENALTIES FOR VIOLATING ITS PROVISIONS AND
DECLARING THE PRESENCE OF AN EMERGENCY.
WHEREAS, from time to time an emergency may exist in the City of Jefferson because of
an Impending shortage of water due to prolonged drought, equipment breakage and the
exhaustion of reserves; and
WHEREAS, it is Imperative to the public well being that certain uses of water not essential
to the health, welfare and safety of the City be restricted.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
• JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The Mayor is hereby authorized to declare a water use emergency under
any of the following conditions;
(A)An equipment fallure,large fire,orwater main break has caused,or unless water
conservation measures are taken,will cause Inadequate water pressures and flows for fire
protection and public health, or
(B)water system pumping compared to demand is inadequate to maintain sufficient
water reserves to meet expected demands for fire protection and public health.
The mayor's declaration may Include all, or any portion of the City.
Section 2. When the Mayor has declared a water emergency, the provisions of this
section shall apply to all persons using water, regardless of whether such person shall
have a contract for water service with any water company or private well. Person shall be
defined as set out in Section 1-2 of the Code of the City of Jefferson, Missouri.
Section 3, When the Mayor has declared a water emergency, the use and
withdrawal of water by any person for the following purposes is hereby prohibited:
• A. Watering yards. The sprinkling, watering or irrigating of shrubbery, trees, lawns,
grass, ground covers, plants, vines, gardens, vegetables,flowers or any other vegetation.
• B. Washing mobile equipment. The washing of automobiles, trucks, trailers, trailer
houses, railroad cars, or any other types of mobile equipment.
C. Clean outdoor surfaces. The washing of sidewalks, driveways, filling station
aprons, porches and other outdoor surfaces.
D. Cleaning buildings. The washing of the outside of dwellings and the washing of
the Inside and outside of office buildings.
E. Cleaning equipment and machinery. The washing and cleaning of any business
or Industrial equipment and machinery.
F. Ornamental fountains. The operation of any ornamental fountain or other
structure making a similar use of water.
G. Swimming Pools. Swimming and wading pools not employing a filter and
recirculating system.
H.Watering of golf course greens except to the extent that non-fresh water sources
of water(such as grey water) are available for this purpose.
Section 4. Exception for business and Industrial uses.All businesses and industries
• utilizing water shall be permitted to utilize the normal amount of water necessary for the
maintenance of their business or Industry. This exception shall not permit the watering of
yards as defined above at any business location except those Involved in the raising of
vegetation for commercial uses. Should water supplies reach or approach critical levels,
the Mayor may, by separate proclamation, suspend this exception for a designated period
of time.
Section 5. Enforcement.
a. Police officers enforce. Every police officer of the City shall in connection
with his duties Imposed by law diligently enforce the provisions of this ordinance.
b. Discontinuance of service.The managerof each water company or district
doing business within the City shall have the authority to enforce the provisions of this
ordinance by the discontinuance of water service in the event of violation hereof or shall,
upon the request of the mayor, city administrator, fire chief or any police officer,
discontinue water service to any building whose occupants are violating the provisions of
this ordinance.
c. Penalties. Any person violating the provisions of this ordinance shall be
subject to a fine not to exceed $500 per occurrence, or imprisonment for not more than
ninety days, or any combination thereof.
•
• Section 6. Effective period. The water emergency, and the regulations in effect
thereby, shall be in full force and effect from the Issuance of the proclamation until
(A) the date it is designated to expire in the proclamation, or
(B) until such times as the emergency ends as indicated In writing by the manager
of the water company and/or districts, or
(C) until otherwise repealed or modified totally, or in part, by the mayor or city
council.
Section 7. Separability. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held Invalid or unconstitutional by any court, of
competent jurisdiction, such portion shall be deemed a separate, distinct and Independent
provision and such holdings shall not effect the validity of the remaining of the portions
thereof.
Section 8. Finding of emergency. This ordinance is passed as an emergency
measure and the Council does by the vote by which this ordinance Is passed hereby
declare that an emergency exists which make it imperative that this ordinance shall
become effective immediately in orderthat the public health,welfare and safety might most
effectively be provided for.
• Section 9. This Ordinance shall be in full force and effect from and after the date
of Its passage and approval.
Passed: /I.ltit I', .Z.� �5 Appro�. 22
' Presiding Officer Mayor
FATTEST: APP I�P AS O RM-
ity Clark City Counselor
•
M
TO ALL RESIDENTS AND PERSONS WITHIN THE MUNICIPALITY OF CITY OF
JEFFERSON CITY,MISSOURI AND TO ALL DEPARTMENTS OF THE MUNICIPAL
GOVERNMENT OF THE CITY OF JEFFERSON
WHEREAS, Chapter 1 l of the City Code authorizes the Mayor to proscribe certain uses of water
within the City due to such an emergency, and
WHEREAS, due to continued drought and extreme hot temperatures, water system pumping
compared to demand is inadequate to maintain sufficient water reserves to meet expected
demands for fire protection and public health; and
NOW,THEREFORE, IN ACCORDANCE WITH the aforesaid laws, 1,Mayor John Landwehr,
• hereby declare a Water Emergency and authorize all city officials and employees to carry out the
provisions of Ordinance 134 o S
THE PROVISIONS OF THIS DECLARATION shall remain in effect until removed by me or by
ordinance.
I FURTHER CALL UPON THE CITIZENS OF JEFFERSON CITY to diligently conserve water
in any way possible so that sufficient reserves will remain for our mutual health, safety and
protection.
WITNESS MY HAND this 22"' Day of July, 2005
wit-
";Hon ohn Landwehr, Mayor
•