The purpose of this article 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.
(Ord. 3203; Code 2015)
For the purposes of this chapter, the following words and phrases shall mean:
(a) Water shall mean water available to the City of Abilene (hereinafter “City”) for treatment by virtue of the City’s water rights, water supply, water supply contracts 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 shall mean the customer of record using water for any purpose from the City’s 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 includes, but is not limited to:
(1) permitting water to escape down a street, roadway, or other surface intended for vehicle driving purposes, and any gutter, ditch, or other surface drain; or permitting water to escape down a gutter, ditch, or other surface drain
(2) failure to repair a controllable leak of water due to defective plumbing
(d) The following classes of uses of water are established:
Class 1: Shall be defined as 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 or motor vehicles, boats, trailers, or the exterior of any building or structure
Class 2: Shall be defined as water used for commercial, agricultural or industrial purposes, except water actually necessary to maintain health and personal hygiene of bona fide employees of such businesses or interests while such employees are engaged in the performance of their duties at their place of employment.
Class 3: Shall be defined as water used for domestic usage, other than that which would be included in either Class 1 or 2, as defined above.
Class 4: Shall be defined as water necessary only to sustain human life and the lives of domestic livestock, pets, and to maintain standards of hygiene and sanitation.
(Ord. 3203; Code 2015)
(a) The City hereby adopts the City of Abilene Municipal Water Conservation Plan, as the same may be amended from time to time by resolution of the Governing Body (the “Plan”). The Plan establishes long-term water use efficiency practices and a staged drought response framework consisting of a Water Watch (Stage 1), Water Warning (Stage 2), and Water Emergency (Stage 3), each with defined goals, triggers, and actions.
(b) The City Manager is authorized to declare and terminate a Water Watch in accordance with the Plan and to implement the voluntary and administrative actions identified therein.
(c) The Governing Body is authorized to declare and terminate a Water Warning or Water Emergency by resolution in accordance with the Plan. In addition to any specific triggers set forth in the Plan, a Water Warning or Water Emergency may be declared whenever the Governing Body determines that conditions exist which are necessary to protect the public water supply or ensure the availability of water for essential uses. Any such declaration or termination shall be published once in the official city newspaper and shall be effective as stated in the resolution.
(d) Each declaration shall specify the applicable stage, the effective date, and any mandatory conservation measures authorized by this article and the Plan.
(e) Year-round water use regulations established elsewhere in this Code, including prohibitions on waste of water and restrictions on outdoor watering during peak hours, apply at all times regardless of drought stage. Such baseline regulations are supplemented, not replaced, by stage-specific measures implemented under this article.
(Ord. 3203; Ord. 3232; Code 2015; Ord. 3471)
Upon declaration of a Water Watch, the City Manager may:
(a) Implement the education, communication, and management actions identified for Stage 1 in the Plan;
(b) Request that customers voluntarily curtail non-essential water uses, including outdoor irrigation and other discretionary uses; and
(c) Encourage efficient indoor and outdoor water use consistent with the Plan and the year-round water use regulations of this Code.
Voluntary measures under this section are advisory in nature and do not create a municipal offense.
(Ord. 3203; Code 2015; Ord. 3471)
(a) Mandatory conservation measures may be imposed only by resolution of the Governing Body upon declaration of a Water Warning or Water Emergency pursuant to Section 7-1003. The resolution shall identify the applicable measures and their effective date.
(b) During a declared Water Warning, the Governing Body may impose one or more of the following mandatory conservation measures, in such combination as the Governing Body determines is appropriate, consistent with the Plan:
(1) Limits on outdoor irrigation of lawns and landscaped areas to no more than two (2) days per week per property;
(2) Prohibitions on use of water for decorative fountains, ornamental water features, and similar aesthetic uses, except where water is fully recirculated;
(3) Restrictions on washing of vehicles, driveways, sidewalks, parking areas, and building exteriors, except at commercial facilities that recycle water or where required for public health or safety;
(4) Restrictions on filling or refilling swimming pools, hot tubs, and similar recreational water features, except for initial filling of newly constructed pools or where necessary to maintain structural integrity; and
(5) Such other reasonable restrictions on water use as are determined by the Governing Body to be necessary to protect the public water supply or ensure the availability of water for essential uses.
(c) During a declared Water Emergency, the Governing Body may impose one or more of the measures authorized in subsection (b) and, in addition, may impose any of the following, in such combination as the Governing Body determines is necessary:
(1) Suspension of new water connections, with exceptions for fire hydrants and connections required under agreements approved prior to the declaration;
(2) Restrictions on one or more classes or types of water use, in whole or in part;
(3) Water rationing based on reasonable formulas;
(4) Suspension of non-essential municipal water uses;
(5) Adoption of emergency water rates pursuant to Section 7-1006;
(6) Extension of restrictions to private wells within the City limits to the extent authorized by state law and approved by the Kansas Department of Agriculture – Division of Water Resources; and
(7) Such other reasonable restrictions on water use as are determined by the Governing Body to be necessary to protect the public water supply or ensure the availability of water for essential uses.
(d) Mandatory measures imposed under this section remain in effect until modified or rescinded by action of the Governing Body.
(Ord. 3203; Code 2015; Ord. 3471)
Upon the declaration of a water emergency as provided in Section 7-1003(c), the Governing Body 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 use per unit of use (uniform unit rate).
(c) Extra charges in excess of a specified level of water use (excess demand surcharge).
(Ord. 3203; Code 2015)
During the effective period of any water supply emergency as provided for in Section 7-1003(c), the City Manager is empowered to promulgate such regulations as may be necessary to carry out the provisions of this article, any water supply emergency resolution or emergency water rate ordinance. Such regulations shall be subject to approval of the Governing Body at its next regular or special meeting.
(Ord. 3203; Code 2015)
(a) If the City Manager, or other authorized City official(s) charged with implementation and enforcement of this article or a water supply emergency resolution, learn of any violation of any water use restrictions imposed pursuant to Sections 7-1005 or 7-1007, a written notice of the violation shall be affixed to the property where the violation shall be affixed to the property where the violation occurred and the customer of record and/or any other person known to the City to be responsible for the violation shall be provided with either an actual or mailed notice. Said notice shall describe the violation(s) and order that the noted violation(s) be corrected, cured or abated immediately or within such specified time as the City determines is reasonable for such correction, cure, or abatement under the circumstances. In the event that the order is not cured within the time period given in the notice, 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(s) and that the customer will have the opportunity to appeal the termination by requesting a hearing scheduled before the City Manager.
(2) If such hearing is requested by the customer charged with the violation, the customer shall be given a full opportunity to be heard by the City Manager before the termination is ordered and executed.
(3) The City Manager shall make findings of fact and order whether service should continue or be terminated.
(Ord. 3203; Code 2015)
A reconnection fee, as prescribed in section 1-310, shall be paid for the reconnection of any water service terminated pursuant to Section 7-1008(a). In the event of subsequent violations within a one-year period, the applicable reconnection fee shall be increased to a fee as prescribed in section 1-310.
(Ord. 3203; Code 2015; Ord. 3425)
Violations of this article, including any mandatory conservation measure adopted by resolution pursuant to this article, 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 in this article shall be guilty of a municipal offense. Each calendar day in which a violation is observed shall constitute a separate offense. The penalty for an initial violation shall be a mandatory fine of One Hundred Dollars ($100.00). In addition, such customer may be 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 thirty (30) days. The penalty for a second or subsequent conviction shall be a mandatory fine of Five Hundred Dollars ($500.00). In addition, such customer may be 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 thirty (30) days.
(Ord. 3203; Code 2015; Ord. 3471)
Nothing in this Article shall limit the ability of any properly authorized City official from terminating the supply of water to any or all customers upon the determination of the City Manager that emergency termination of water service is required to protect the health and safety of the public, or for any other emergency, as required or authorized by ordinance, or as otherwise deemed necessary by the Governing Body.
(Ord. 3203; Code 2015)
If any provision of this article is declared unconstitutional, 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.
(Ord. 3203; Code 2015)