HomeMy Public PortalAboutOrd 208 Water Supply Emerg.
(First Published in the tL..vh UeJl!&f J?.[~
on the ~ day of 'TuL'1 , 1992.)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. ;e~
AN ORDINANCE AUTHORIZING THE DECLARATION
OF A WATER SUPPLY EMERGENCY; ESTABLISHING
PROCEDURES FOR VOLUNTARY AND MANDATORY
CONSERVATION MEASURES; PROVIDING FOR
THE ENFORCEMENT THEREOF; AND REPEALING
ORDINANCE NO. 130.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE,
KANSAS:
Section 1.
Declaration of Water Supply Emergency
Whenever the Governing Body of the City of Bel Aire, Kansas
determines an emergency exists by reason of a shortage of water
supply needed for essential uses, the Governing Body is authorized
to declare that a water supply emergency exists and to establish
any such voluntary or mandatory restrictions on water use as are
set forth in this ordinance. Such emergency shall be deemed to
continue until it is declared by the Governing Body to have ended.
The declaration of emergency shall be effective upon its issuance
and publication in the official City Newspaper.
Section 2.
Definitions
As used in this ordinance:
"Nonessential water use" shall mean any or all of the
following: (a) irrigation or sprinkling of water on lawns, shrubs,
or trees; (irrigation or sprinkling of water on gardens or lawns,
shrubs and trees installed within the current calendar year is not
a nonessential water use); (b) washing of automobiles or other
vehicles; (c) use of water in swimming pools and fountains; and (d)
the waste of water.
"Water supply emergency" shall mean the existence of
conditions in the water supply system that reduce the volume or
pressure of water so that essential public needs cannot be met or
that cannot be met in the near future if present conditions
continue. The notification of the City by the primary water
supplier that a water supply emergency exists in water supplies
shall constitute the existence of conditions necessary to declare
a water supply emergency within the City.
Section 3.
Conservation Measures
Upon the declaration of a water supply emergency, the
Governing Body shall establish a class of restriction of use of
water as follows:
I. Voluntary Conservation Measures. The Governing Body is
authorized to call upon all water customers to employ voluntary
water conservation measures to limit or eliminate nonessential
water use. Such requests may be made through the public media,
distribution of literature, or other means at the disposal of the
Governing Body that will ensure widespread dissemination.
II. Mandatory Conservation Measures.
A. Total
nonessential water
portions thereof.
Ban. Ban on all or designated types of
use during the period of emergency or any
B. Partial Ban. Establishment of a schedule allowing all
or designated types of nonessential water use by only a portion of
the customers on any given day during the period of emergency by a
system based upon date and street address or by a quadrant system
whereby the city is divided into four areas. Except as allowed
under the terms said schedule, all other nonessential water use is
banned.
Section 4.
Notification
Installers of lawn watering irrigation or sprinkling water
systems, upon installing a lawn watering irrigation or sprinkling
water system, shall provide a copy of this ordinance to the owner
of the lawn watering irrigation or sprinkling water system.
Section 5.
Enforcement
Whenever a water supply emergency is declared to exist as set
forth herein, in addition to all law enforcement officers, all
other appointed city officials and personnel of the city, as
designated by the Ci ty Administrator, shall have the power to
enforce the provisions of this ordinance.
Such city officers and personnel shall have the power of a law
enforcement officer for the purpose of signing a complaint and
serving said complaint and a notice to appear upon any person where
there is probable cause to believe such person has or is violating
this ordinance and such violation has occurred or is occurring in
the presence of the officer or personnel empowered hereunder to
enforce this ordinance.
Section 6.
violation and Penalties
Any person violating the provisions of this ordinance relating
to mandatory conservation measures shall upon conviction be deemed
guilty of a misdemeanor and fined in a sum of not more than one
hundred dollars ($100.00). Each day of violation shall be deemed a
separate offense.
Section 7.
Well Watering Exception
Persons using water from a well for any of the nonessential
uses as defined in this ordinance and when such uses are banned by
order of the Governing Body shall be exempt from the penalties of
this ordinance.
Persons using water from a well should display a sign, with
the words "Well Water" upon it, in a location that is readily
visible to the general public, while engaged in such use.
Section 8.
Repeal
Ordinance Number 130 is hereby repealed. All other ordinances
or parts of other ordinances in conflict herewith are repealed.
However, any section of an existing ordinance not in conflict
herewith is not repealed and remains in full force and effect.
Section 9.
Effective Date
This Ordinance shall take effect and be in force from and
after its publication in the official city newspaper.
Passed by the City Council this
1992.
7d day of
auLy
/
Approved by the Mayor this
?d day of
fu7
, 1992.
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CITY CLE ,SHERRYL L. CUTTER