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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 •