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Home My Public Portal AboutOrd 387 Water Emerg. Ord Page 1 of 5 (First published in the Sedgwick Post on the day of 2003) The City of Bel Aire, Kansas Ordinance No. 387 WATER DROUGHT/EMERGENCY ORDINANCE An ordinance authorizing the declaration of a water watch, warning or emergency; establishing procedures and voluntary and mandatory conservation measures (Municipal Water Conservation Plan and the Emergency Water Supply Plan); authorizing the issuance of administrative regulations; prescribing certain penalties; and repealing Ordinance No. 208. Be it Ordained by the Governing Body of the City of Bel Aire. Section 1. Purpose. The purpose of this ordinance is to provide for the declaration of a water supply watch, warning or emergency and the implementation of voluntary and mandatory water conservation measures throughout the city in the event such a watch, warning or emergency is declared following the Municipal Water Conservation and Emergency Water Supply Plans. Section 2. Definitions. (a) "Water", as the term is used in this ordinance, shall mean water available to the City of Bel Aire for treatment by virtue of its water rights or any treated water introduced by the City into its water distribution system, including water offered for sale at any coin-operated site. (b) "Customer", as the term is used in this ordinance, shall mean the customer of record using water for any purpose from the City's water- distribution system and for which either a regular charge is made or, in the case of coin sales, a cash charge is made at the site of delivery. (c) "Waste of water", as the term is used in this ordinance, includes, 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. (d) "Emergency Water Supply Plan," as the term is used in this ordinance, pursuant to the requirements of K.A.R. 28-15-18. (e) The following classes of uses of water are established: Page 2 of 5 Class 1: Water used for outdoor watering; either public or private, for gardens, lawns, trees, shrubs, plants, parks, golf courses, playing fields, swimming pools or other recreational areas; or the washing of motor vehicles, 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 their place of employment. Class 3: Domestic usage, other than that which would be included in either class 1 or 2. Class 4: Water necessary only to sustain human life and the lives of domestic pets and maintain standards of hygiene and sanitation. Section 3. Declaration of Water Watch. Whenever the City Administrator deems that conditions indicate that the probability of a drought or some other condition causing a major water supply shortage is rising, he/she shall be empowered to declare, that a water watch exists and that steps shall be taken to inform the public and ask for voluntary reductions in water use through use of local media and or radio stations. Such a watch shall be deemed to continue until it is declared by the City Administrator to have ended. A water watch would be issued under the conditions of Stage 1 triggers of the Municipal Water Conservation Plan. Section 4. Declaration of Water Warninq. Whenever the City Administrator 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 that a water warning exists and will recommend restrictions on nonessential uses during the period of warning by notifying the general public through local media and/or radio stations. Such a warning shall be deemed to continue until it is declared by the City Administrator to have ended. A water warning would be issued under the conditions of Stage 2 triggers of the Municipal Water Conservation Plan. Section 5. Declaration of Water Emerqencv. Whenever the City Administrator finds that an emergency exists by reason of a shortage of water supply needed for essential uses, it shall be empowered to declare by that a water supply emergency exists and that it will impose mandatory restrictions on water use during the period of the emergency by notifying the general public through local media and/or radio stations. Such an emergency shall be deemed to continue until it is declared by the City Administrator to have ended. A water emergency watch would be issued under the Stage 3 triggers of the Municipal Water Conservation Plan. Page 3 of 5 SectIon 6. Voluntary Conservation Measures. Upon the declaration of a water watch or water warning as provided in Sections 3 and 4, the Mayor (or the City Administrator) is authorized to call on all water consumers to employ voluntary water conservation measures to limit or eliminate nonessential water uses including, but not limited to, limitations on the following uses: Water Watch a. Curtailing of some outdoor water use b. Efficient use of indoor water, i.e. wash full loads, take short showers, don't let faucets run, etc. Water Warning a. An odd/even lawn watering system would be imposed on City Section 7. Mandatorv Conservation Measures. Upon the declaration of a water supply emergency as provided in Section 5, the Mayor (or the City Administrator) is also authorized to implement certain mandatory water conservation measures, including, but not limited to, the following: (a) 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, (b) Restrictions on the uses of water in one or more classes of water use, wholly or in part; (c) Restrictions on the sales of water at coin-operated facilities or sites; (d) 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; (e) Complete or partial bans on the waste of water; and (f) Any combination of the foregoing measures. Section 8. EmerQency Water Rates. Upon the declaration of a water supply emergency as provided in Section 5, 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 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). Section 9. Requlations. During the effective period of any water supply emergency as provided for in Section 5, the Mayor (or City Administrator) is empowered to promulgate such regulations as may be necessalY to carry cut the provisions of this ordinance, any water supply emergency resolution, or emergency water rate ordinance. Page 4 of 5 Suc~ regulations shall be subject to the approval of the governing body at its next regular or special meeting. Section 10. Violations. Disconnections and Penalties. (a) If the Mayor, City Administrator, or other city official or officials charged with implementation and enforcement of this ordinance or a water supply emergency resolution learn of any violation of any water use restrictions imposed pursuant to Sections 7 or 9 of this ordinance, a written notice of the violation shall be affixed to the property where the violation occurred and the customer of record any other person known to the City who is responsible for the violation or its correction 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. 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 the violation and that the customer will have 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 a hearing is requested by the customer charged with the violation, he or she 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 $50 shall be paid for the reconnection of any water service terminated pursuant to subsection (a). In the event of subsequent violations, the reconnection fee shall be $200 for the second reconnection and $300 for any additional reconnections. (c) Violations of this ordinance shall be a municipal offense and may be prosecuted in Municipal Court. Any person so charged and found guilty in Municipal court of violating the provisions of this ordinance shall be guilty of a municipal offense. Each day violation shall constitute a separate offense. The penalty for an initial violation shall be a mandatory fine of $100. In addition, such customer maybe required by the Court to serve a definite term of confinement in the city or county jail which shall be fixed by the Court and which shall not exceed 30 days. The penalty for a second or subsequent conviction shall be a mandatory fine of $200. In addition, such customer shall serve a definite term of confinement in the city or county jail which shall be fixed by the Court and which shall not exceed 30 days. Page 5 of 5 Sectlon 11. EmerQencv Termination. Nothing in this ordinance shalt limit the ability of any property authorized city official from terminating the supply of water to any or all customers upon the determination of such city official that emergency termination of water service is required to protect the health and safety of the public. Section 12. Severabilitv. If any provision of this ordinance is declared unconstiMional, or the application thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the ordinance and its applicability to other persons and circumstances shall not be affected thereby. Section 13. Effective Date. This ordinance shall become effective upon its publication in the official city newspaper. Section 14. Repeal. Ordinance number 208 is hereby repealed. All other ordinances or parts of other ordinances in conflict herewith are repealed. However, any section of an existing ordinance nGltin conflict herewith is not repealed and remains in fuff force and effect--\ /" 'I, ,',,'. (, \', ~_r','; ,> . r , '..~}/I,1li.- .~) 'i;-' ~ ',c~ ",- #~: ~' :~~-qy' the' go(eming body this / ~ '".: I \ /' _ ) ~ III jf : : ...... , . --:. -- t \ t I J I . . , ; -~ . 1\ [I &. $'l-,l ,\ ;, ~ 'I' \, I Ii'" t, ).) , ~ '.~ ''': }.'/l t\\\' ATTEST: (S~.~~ day of ~ 2003. (