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HomeMy Public PortalAboutORD-CC-1987-01ORDINANCE 87-01 AN ORDINANCE TO PROTECT POTABLE WATER SUPPLY OF MOAB CITY FROM THE POSSIBILITY OF CONTAMINATION OR POLLUTION BY ISOLATING WITHIN THE CUSTOMER'S INTERNAL DISTRIBUTION SYSTEM(S) SUCH CONTAMINANTS OR POLLU- TANTS WHICH COULD BACKFLOW INTO THE PUBLIC WATER SYSTEM. Be it ORDAINED by the City Council of the City of Moab, Grand County, State of Utah: SECTION 1. CROSS -CONNECTIONS - GENERAL POLICY 1 1 Purpose of Ordinance: 1.1.1 To protect the public potable water supply of Moab City from the possibility of contamination or pollution by isolating within the customer's internal distribution system(s) such contamin- ants or pollutants which could backflow into the public water systems; and, 1.1.2 To promote the elimination or control of exist- ing cross -connections, actual or potential, be- tween the customer's in -plant potable water sys- tem(s), and non -potable water system(s), plumb- ing fixtures and industrial piping system(s); and, 1.1.3 To provide for the maintenance of a continuing Program of Cross -Connection Control which will systematically and effectively prevent the con- tamination or pollution of all potable water systems. 1.2 Responsibility: Moab City shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the back - flow of contaminants or pollutants through the water service connection. If, in the judgement of said Moab City an approved backflow prevention assembly is re- quired (at the customer's water service connection or within the customer's private water system) for the safety of the water system, the designated agent of Moab City shall give notice in writing to said customer to install such an approved backflow prevention assem- bly(s) at specific location(s) on his premises. The customer shall immediately install install such approv- ed assembly(s) at the customer's own expense and fail- ure, refusal or inability on the part of the customer to install, have tested and maintain said assembly(s) shall constitute grounds for discontinuing water ser- vice to the premises until such requirements have been satisfactorily met. 1 3 Plumbing Official: The plumbing inspection division of the Building Department has the responsibility to not only review building plans and inspect plumbing as it is installed, but, it has the explicit responsibility of preventing cross connections from being designed and built into the structures within its jurisdiction. Where the review of building plans suggests or detects the potential for a cross connection being made an in- tegral part of the plumbing system, the plumbing offi- cial has the responsibility to require such cross con- nections be either eliminated or provided with an approved backflow prevention assembly in accordance with the plumbing code. The plumbing official's responsi- bility begins at the point of service (the downstream side of the meter) and carries throughout the entire length of the customer's water system. The plumbing inspector should inquire about the intended use of water at any point where it is suspected that a cross connection might be made or where one is actually called for by the plans. When such a cross connection is dis- covered, it will be mandatory that a suitable, approved backflow prevention assembly be required by the plans and be properly installed, in accordance with the Utah Plumbing Code. 1.4 Certified Backflow Assembly Technician: Certified Backflow Assembly Technicians only, shall do the testing, main- tenance and/or repair of backflow prevention assemblies. The Certified Technician must tag each double check valve, pressure vacuum breaker, reduced pressure back - flow assembly and air gap, showing the serial number of the assembly, date tested and by whom. The technician's license number must also be on this tag. In the case of a customer requiring a commercially available technician, any certified technician is auth- orized to make the test and report the results of that test to the customer, Moab City and the Bureau of Drinking Water/Sanitation. If such a commercially tested assembly is in need of repair, the Plumbers Law of Utah, Section 58A-2-5-(3), requires a licensed plumber make the actual repair. Section 2. DEFINITIONS 2.1 Designated Agent: The person designated to be in charge of the Water Department of Moab City, is invested with the authority and responsibility for the implementation of an effective cross connection control program and for the enforcement of the provisions of the ordinance. 2.2 Approved Backflow Assembly: Accepted by the Department of Health as meeting an applicable specification or as suitable for the proposed use. 2.3 Auxiliary Water Supply: Any water supply on or available to the premises other than Moab City's public water supply will be considered as an auxiliary water supply. The auxiliary waters may include water from another Moab City public potable water supply or any natural source(s) such as a well, spring, river, stream, har- bor, etc., or "used water" or "industrial fluids". These waters may be contaminated or they may be object- ionable and constitute an unacceptable water source over which Moab City does not have authority for sani- tary control. 2.4 Backflow: The reversal of the normal flow of water by either back -pressure or back-siphonage. 2.5 Back -Pressure: The flow of water or other liquids, mix- tures, or substances under pressure into the distri- bution pipes of a potable water supply system from any source(s) other than the intended source. 2.6 Back-Siphonage: The flow of water or other liquides, mix- tures, or substances into the distribution pipes of a potable water supply system from any source(s) other than the intended source, caused by the reduction of pressure in the potable water supply system. 2.7 Backflow Prevention Assembly: An assembly or means de- signed to prevent backflow. Specifications for back - flow prevention assemblies are contained within the Utah Plumbing Code, Chapter 10, (Appendix J), and the Cross Connection Control Program for Utah. A11 back - flow prevention assemblies must be approved by the Utah Department of Health prior to installation. A listing of these approved backflow prevention assemblies may be found in the Cross Connection Control Program for Utah. 2.8 Contamination: An impairment of the quality of the potable water supply by sewage, industrial fluids, waste liq- quids, compounds or other materials to a degree which creates an actual or potential hazard to the public health through poisoning or through the spread of dis- ease. 2.9 Cross Connection: Any physical connection or arrangement of piping or fixtures between two otherwise separate piping systems one of which contains potable water and the other non -potable water or industrial fluids of questionable safety, through which, or because of which, backflow may occur into the potable water system. This would include any temporary connections, such as swing connections, removable sections, four way plug valves, spools, dummy sections of pipe, swivel or change -over devices or sliding multiport tubes. 2.10 Cross Connection - Controlled: A connection between a potable water system and a non -potable water system with an approved backflow prevention assembly properly installed and maintained so that it will continuously afford the protection commensurate with the degree of hazard. 2.11 Cross Connection - Containment: The installation of an ap- proved backflow assembly at the water service connec- tion to any customer's premises where it is physically and economically infeasible to find and permanently eliminate or control all actual or potential cross con- nections within the customer's water system; or, it shall mean the installation of an approved backflow prevention assembly on the service line leading to and supplying a portion of a customer's water system where there are actual or potential cross connections which cannot be effectively eliminated or controlled at the point of the cross connection (isolation). Section 3. REQUIREMENTS 3.1 Policy: 3.1.1 No water service connection to any premises shall be installed or maintained by Moab City unless the water supply is protected as required by State laws, regulations, codes, and the ordinance. Service of water to any premises shall be discontinued by Moab City if a backflow prevention assembly required by this ordinance for control of backflow and cross connections is not installed, tested, and maintained, or if it is found that a backflow prevention assembly has been re- moved, by-passed, or if an unprotected cross connection exists on the premises. Service will not be restored until such conditions or defects are corrected. 3.1.2 The customer's system shall be open for inspec- tion at all reasonable times to authorized represen- tatives of Moab City to determine whether cross connec- tions or other structural or sanitary hazards, includ- ing violation of this ordinance, exist. When such a condition becomes known, Moab City shall deny or immed- iately discontinue service to the premises by providing a physical break in the service line until the customer has corrected the condition(s) in conformance with the State and City statutes relating to plumbing, water supplies and the regulations adopted pursuant thereto. 3.1.3 An approved backflow prevention assembly shall be installed on each service line to a customer's water system, at or near the property line or immediately in- side the building being served. In all cases, the assembly will be installed before the first branch line leading off the service line, whenever Moab City deems the protection of the water supply to be in the best interest of the water supply customers. 3.1.4 The type of protective assembly required under subsection 3.1.2, shall depend upon the degree of haz- ard which exists at the point of cross connection (whether direct or indirect), as stipulated in the Utah Plumbing Code, Chapter 10 (Appendix J). 3.1.5 All presently installed backflow prevention as- semblies which do not meet the requirements of this section but were approved assemblies for the purposes described herin at the time of installation and which have been properly maintained, shall, except for the inspection and maintenance requirements under subsec- tion 3.2.1, be excluded from the requirements of these rules so long as Moab City is assured that they will satisfactorily protect the public water system. When- ever the existing assembly is moved from the present location or requires more than minimun maintenance or when Moab City finds that the maintenance of this assembly constitutes a hazard to health, the unit shall be replaced by an approved backflow prevention assembly meeting the requirements of this ordinance. 3.2 Requirements: 3.2.1 It shall be the duty and responsibility of the customer at any premises where backflow prevention as- semblies are installed to have certified inpsections and operational tests made at least once per year at the customer's expense. In those instances where Moab City deems the hazard to be great, he may require cer- tified inspections and tests at a more frequent inter- val. These inspections and tests shall be the duty of Moab City to see that these tests are made according to the regulations set forth by the State Department of Health, Bureau of Drinking Water/Sanitation. 3.2.2 Backflow prevention assemblies shall be in- stalled in water supply lines to provide at least the degree of protection stipulated in the Utah Plumbing Code, Chapter 10 (Appendix J). A11 backflow preven- tion assemblies shall be exposed for easy observation and be readily accessible. 3.2.3 A11 backflow prevention assemblies installed in a potable water supply system for protection against backflow shall be maintained in good working condition by the person or persons having control of such as- semblies. Upon inspection, any assembly found to be defective or inoperative, shall be replaced or re- paired. No assembly shall be removed from use, relo- cated, or another assembly substituted, without the ap- proval of Moab City. 3.2.4 All backflow prevention assemblies shall be tested within ten (10) working days of installation. 3.2.5 No backflow prevention assembly shall be in- stalled so as to create a safety hazard. Example: Installed over on electrical panel, steam pipes, boilers, pits, or above ceiling level. PASSED, this 6th day of January, 1987. ATTEST: Raymon . Pene, Recorder APPROVED: Thomas A. Stocks, Mayor CITY OF MOAB ORDINANCE NO. 86-06 AN ORDINANCE AMENDING THE MOAB CITY CODE TO COMPLY WITH THE UTAH CODE ANNOTATED, AS AMENDED, IN REGARD TO PENALTIES FOR INFRAC- TIONS, CLASS C MISDEMEANORS, AND CLASS B MISDEMEANORS. PREAMBLE: WHEREAS, the Utah State Legislature has revised the provisions of the Utah Code dealing with Infractions, Class C Misdemeanors, and Class B Misdemeanors; and WHEREAS, it is in the best interest of this municipality to amend the Moab City Code to conform with the penalties as proscribed by the Utah Code Annotated, as amended by the 1986 Legislature. NOW THEREFORE, be it ordained by the City Council of the City of Moab that Sections of the Moab City Code of 1986 be amended as follows: Section 1. Section 1.08.010 is amended to read as follows: 1.08.10 Designated --Continuing violations. A. Whenever in this code or in any other ordinance of the city or in any rule, regulation or order promulagated or issued pursuant thereto any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required or the failure to do any act, is declared to be unlawful or a misdemeanor, when no specific penalty is provided therefor, the violation of any such provision of this code or any other ordinance of the city or any such rule, regulation or order shall be punished by fine not more than one thousand dollars or by imprisonment for a period not longer than six months or both such fine and imprisonment. B. Every day any violation of this code or any other ordi- nance of the city or rule, regulation or order promulagated or issued pursuant thereto shall continue, shall constitute a sep- arate offence. Section 2. Section 1.08.030 is amended to read as follows: 1.08.030 Class B Misdemeanor. All violations of the city code, unless otherwise specified, are classified as Class B misde- meanors, punishable by a fine not to exceed the sum of one thou- sand dollars, or by imprisonment in the county jail for a period not to exceed six months. or by both such fine and imprisonment. Section 3. Section 5.12.170 is amended to read as follows: 5.12.170 Violations --Penalty. Any person firm or corporation violating any provisions of this chapter shall, upon conviction thereof be punished by a fine of not to exceed the sum of five hundred dollars. Section 4. Section 5.20.550 is amended to read as follows: 5.20.550 Violation --Penalty. Any person who shall engage in the business of retail or selling beer within the corporate limits of the city without having an appropriate license therefor, from the city or whose license has been revoked, suspended or cancelled, or who shall violate any of the terms, clauses or conditions of this article shall be guilty of Class B misdemeanor. Section 5. Section 6.04.400 is amended to read as follows: 6.04.400 Cruelty to animals a Class B Misdemeanor. Every person who within the limits of the city, is cruel to animals in any of the following ways, is guilty of a Class B Misdemeanor: A. By overloading, overdriving, overworking, cruelly beating, torturing, tormenting, mutilating or cruelly killing any animal or causing or knowingly allowing the same to be done; B. By cruelly working any old, maimed, infirm, sick or disabled animal, or causing or knowingly allowing the same to be done; C. By unnecessarily failing to provide any animal in his charge or custody, as owner or otherwise, with proper food, drink and shelter; D. By abandoning any old, maimed, infirm, sick or disabled animal; E. By carrying or driving, or causing to be carried, driven or kept, any animal in an unnecessarily cruel manner; F. By carrying or driving, or causing to be carried or driven, any animal bound or tied by its legs or bound down by the neck, so that it cannot freely stand in an upright position while being transported. Section 6. Section 6.04.470 is amended to read as follows: 6.04.470 Poisoning Animals. Every person who wilfully, unlawful- ly, and maliciously administers any poison to any animal, the property of another, or maliciously exposes any poisonous sub- stance with intent that the same shall be taken or swallowed by any such animal, is guilty of a Class B misdemeanor. Section 7. Section 6.04.620 is amended to read as follows: 6.04.620 Violation --Penalty. Any person violating any provision of this chapter, whether by act of commission or act of omission, unless otherwise specified, shall be guilty of an infraction, and upon conviction thereof, shall be liable to punishment by a fine of not more than five hundred dollars. Section 8. Section 9.04.130 is amended to read as follows: 9.04.130 Violation of Section 9.04.120--Penalty. Violation of the provision of Section 9.04.120, failure to appear in court,shall be punished by a fine of not more than five hundred dollars, or imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment. Section 9. Section 9.04.140 is amended to read as follows: 9.04.130 Violation --Penalty. Violation of the provisions of the 2 forgoing sections of this chapter, except as otherwise provided herein, shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. Section 10. Section 9.12.130. is amended to read as follows: 9.13.130 Possession of Marijuana. A. It is unlawful for any person knowingly and intentionlly to use, to possess or be prsent where marijuana is being used or possessed and the use or posses- sion is open, obvious, apparent, and not concealed from those present. No person shall be convicted under this section if the evidence shows that he did not possess or use the substance himself or advise, encourage, of assist anyone else to do so. B. Any person who violates Subsection A of this section shall,on conviction, be fined not more than five hundred dollars. Section 11. That portion of Section 9.16.010 which reads as follows, to -wit: 9.16.010 Disordely Conduct. Any person commit- ting any of the following acts shall be guilty of disorderly conduct and subject to the penalty set out for violation of this code, is amended to read as follows: 9.16.010 Disorderly Cond- uct.A. Any person committing any of the following acts shall be guilty of an infraction punishable by a fine not to exceed five hundred dollars. B. All subsections including A through K shall remain the same, and be in full force and effect. Section 12. Section 10.04.250 is amended to read as follows: 10.04.250 Violatoin--Penalty. Any person violating, causing or permitting a violation of any provision of this chapter or the provisions adopted or incorporated by reference shall be guilty of a Class B midemeanor and shall be punished by a fine of not more than one thousand dollars or by a jail sentence not to exceed six month or by both such fine and imprisonment. Section 13. Section 10.08.100 is amended to read as follows:Sec- tion 10.08.100 Violation--Penalty.Any person violating, causing or permitting violation of any provisions of this chapter shall be guilty of an infraction and upon conviction shall be punished by a fine in an amount not to exceed five hundred dollars. Section 14. Section 12.20.040 is amended to read as follows: 12.20.040 Violation --Penalty. Any person violating any provision of this chapter, whether by act of commission or act of omission, shall be guilty of an infraction, and upon conviction thereof, shall be liable to punishment by a fine of not more than five hundred dollars. Section 15. Section 15.40.310 is amended to read as follows: 15.40.310 Violation --Penalty. No structure or land shall herein- after be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chap- ter by failure to comply with any of its requirments (including 3 violations of conditions and safeguards in connection with condi- tions) shall constitute an infraction. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction be fined not more than five hundred dollars for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Section 16. Section 16.22.060 is amended to read as follows: Section o 16.28.060 Violation--Penalty.Whoever shall violate any of the provisions of this title shall be guilty of a Class B Misde- meanor and, upon conviction of any violation, shall be punishable by a fine of not more than one thousand dollars, or by imprison- ment for not more than six month, or by both such fine and imprisonment, or by the penalty provided in Section 10- 9 -30, Utah Code Annotated 1953, as amended, Section 17. Section 17.75.020 is amended to read as follows: 17.75.020 Violation --Penalty. Any firm, corporation, person or persons violating any of the provisions of this title shall be guilty of an infraction and upon conviction thereof shall be punished by a fine of not more than five hundred dollars. Each person, persons, firm or corporation found guilty of violation shall be deemed guilty of a separate offence for every day which any violation of any provision of this title is com- mitted, continued or permitted by such person, persons, firm or corporation, and shall be punished as provided by this title. Section 18. The Governing Boddy of Moab City, Utah, declares that this ordinance is necessary for the immediate preservation of the peace, health and safety of the City of Moab and orders this ordinance to become effective upon publication. PASSED AND APPROVED by the City Council of Moab on the 5th day of November , 1986. E, PENE,Recorder THOMAS A. STOCK$,,Mayor 4