TOWN OF
WATER SHORTAGE AND CONSERVATION ORDINANCE
ORDINANCE NO. 02-7
Be
it ordained by the Town Council of the Town of
Section 1. Purpose
The purpose of this Water Shortage and Conservation Ordinance is:
a)
To implement water conservation measures for the Town
of
b)
To establish the authority of the Town Manager of the
Town of
c) To provide for the declaration of serious stages of water shortages;
d) To define mandatory water conservation measures to be implemented during various stages.
e) To establish enforcement protocol for violators of the mandatory water conservation measures outlined herein.
This Water Shortage and Conservation Ordinance is intended to preserve the
water
supply of the Town of
This Water
Shortage and Conservation Ordinance shall apply to all users connected directly
or indirectly to the water supply of the Town of
Section 2. Definitions
“Contamination”, shall mean the addition to any watershed area, reservoir, storage tank, or distribution system of any material that appears in an above-normal concentration or has high nuisance or harmful effect on the consumer of the system.
“User”, shall mean any person using water for any purpose from the
Town of
“Emergency”, when referring to water shortage, shall mean that conditions exist such that treated water supplies cannot meet customer demands and that serious treated water shortages exist.
“Essential Use”, shall mean (1) the use of water to sustain normal life and the lives of domestic pets, and to maintain minimum standards of hygiene and sanitation; (2) the use of water for patient care and rehabilitation; (3) fire fighting (includes certain testing and drills by the fire department if conducted in the interest of public safety and if approved by the Town Manager); (4) health and public protection purposes, if specifically approved by health officials and the Town Manager (includes flushing of water lines and hydrants).
“Hand Watering”, shall mean the use of a hand-held watering device. The device can be attached to the end of a garden hose, but must be held in the hand of a person at all times that watering is taking place.
“Mandatory Conservation”, shall mean that conservation measures are, not voluntary, and that if users fail to comply, they are subject to the penalties outlined herein.
“Person”, shall mean any natural person, any group of persons, any firm, partnership, association, corporation, company, or any other organization or entity.
“Rationing”, shall mean procedures established by the Town of
“Shall” is mandatory; “May” is permissive.
“Potable Water”, shall mean the water of the Town of
“Water Shortage”, shall mean that conditions exist when the demands and requirements of water customers served by the Town of Elizabethtown cannot be satisfied without depleting the available supply of potable water or the available water supply to or below a critical level, i.e., the level at which the continued availability of water for human consumption, sanitation, and fire protection is jeopardized. Conditions contributing to a water shortage may include, but are not limited to, the following:
(a) Water supplies are below the level necessary to meet needs;
(b) Water quality has been threatened due to a contamination situation;
(c) Power outages or equipment malfunction;
(d) Peak customer demands on the water system;
(e)
Inability to maintain adequate pressure and/or water
supply throughout every portion of the Town of
(f) Natural disasters.
Section 3. Water Conservation Stage I
- Water Shortage Awareness
Whenever deemed
necessary, the Town Manager shall be empowered to declare a Water Shortage
Awareness stage. This stage shall be
initiated by raising public awareness through news sources and any other
appropriate method for making such notification public. When Water Shortage
Awareness is declared, every Town of
(a)
Irrigation shall be limited to the hours of
(b) For customers whose address numbers end in an even digit, such watering shall be restricted to watering on Tuesday, Thursday and Saturday.
(c) For customers whose address numbers end in an odd digit, such watering shall be restricted to watering on Wednesday, Friday or Sunday.
(d)
No irrigation shall take place on Monday or in the
daylight hours of any day between
(e) Exceptions to these restrictions may be granted temporarily to persons engaged in the business of landscaping on a site by site basis for one to three days, by permit issued by the Town Manager.
Section 4. Water Conservation Stage
II – Water Shortage Warning
Whenever
the Town of
It shall be
unlawful to use water from the public water system supplied by the Town of
(a) To water lawns, grass, shrubbery, trees, flower and vegetable gardens
except by hand watering on the schedule outlined under “Permanent Seasonal Water Conservation Measures.” Provided, however, that any person regularly engaged in the sale of plants shall be permitted to use water for such purposes, and shall not be restricted to hand watering.
(b) To wash automobiles, trucks, trailers, boats, airplanes, or any other type of
mobile equipment. Provided, however, that any person regularly engaged in the business of washing motor vehicles and any commercial car wash facility shall be permitted to use water for such purposes.
(c) To wash down outside areas such as streets, driveways, service station
aprons, parking lots, office buildings, exteriors of existing or newly constructed homes or apartments, sidewalks, or patios, or to use water for other similar purposes. Provided, however, that any person regularly engaged in the business of washing such areas shall be permitted to use water for such purposes.
(d) To introduce water into any ornamental fountain pool, pond, or other
structure making similar use of water.
(e) To use water from public or private fire hydrants for any purpose other
than fire suppression or other public emergency or water department need.
(f) To use water for dust control, compaction, or construction testing of new
waterlines.
(g) To intentionally waste treated water.
The owner or occupant of any land or building which either (1) receives water from the Town of Elizabethtown and that also utilizes water from a well or supply other than that of the Town of Elizabethtown, or (2) is in the city limits and uses a well or pond for irrigation purposes, shall post and maintain in a prominent place thereon a sign furnished by the Town of Elizabethtown (for a fee) giving public notice of the use of the well or other sources of supply.
Section 4. Water Conservation Stage
III – Water Shortage Emergency
When the
Town of
In the
event of a Water Shortage Emergency, in addition to the restrictions heretofore
imposed, the following mandatory water conservation measures shall apply. It shall be unlawful to use water from the
public water system supplied by the Town of
(a) To water or sprinkle any lawn, grass, shrubbery, trees, or flowers with
treated water.
(b) To wash automobiles, trucks, trailers, boats, airplanes, or any other type of
mobile equipment.
(c) To wash down outside areas such as streets, driveways, service station
aprons, parking lots, office buildings, exteriors of homes or apartments, sidewalks, patios, or other similar purposes.
(d) To fill newly constructed swimming and/or wading pools or refill
swimming and/or wading pools that have been drained.
(e) To serve drinking water in restaurants, cafeterias, or other food
establishments, except upon request.
(f) To use treated water outside a structure for any use other than an
emergency
use involving fire or as needed by the Town of
(g) To make any nonessential use of treated water for commercial or public
use.
Section 5. Water Conservation Stage
IV – Water Shortage Crisis
Whenever the Town Manager has declared a Water Shortage Crisis and finds a need to provide for the equitable distribution of critically-limited treated water or water supplies to ensure that sufficient treated water is available to preserve public health and safety of the citizens, he shall enforce a water rationing policy. Such rationing policy may be developed at the time of the declaration of the Water Shortage Crisis and should be reflective of the following criteria:
(a) It is imperative that water customers achieve an immediate further reduction in water use in order to extend existing water supplies and, at the same time, assure that sufficient water is available to preserve the public health and sanitation and to provide fire protection service. This immediate further reduction in water usage is another step along a continuum of responses to any Water Shortage Crisis. Should the crisis continue, further reductions in water usage may be required. It must be emphasized that additional usage reductions in the rationed area is a valid and attainable goal reflective of the conditions of the crisis.
(b) The policy must provide for equitable reductions in water usage and for equal sacrifice on the part of each water customer. The success of this policy depends on the cooperation of all water customers in the emergency area.
(c) The policy must ensure that fire protection is maintained. Where possible,
tank trucks shall use non-potable water.
(d) The policy shall make it unlawful to fail to act in accordance with the
restrictions on treated water use or to attempt to evade or avoid such water rationing restrictions.
(e) The policy may include additional measures of mandatory conservation controls such as a percentage reduction in consumption, termination of service to specific areas in the water system on a rotating basis, prohibition of all industrial uses of potable water, etc., or whatever is necessary to protect the health and safety of the customers of the water system.
Section 6. Regulations
During the effective
period of any water shortage, warning, emergency, or crisis, the Town of
The Town Manager shall have authority to implement, maintain and rescind any one or more of the above restrictions and to make them applicable during various times of the day as he deems appropriate to protect the public health, safety and welfare until he determines that the conditions requiring their imposition no longer exist.
Section 7. Enforcement
Any person who violates the provision of this Ordinance, who fails to carry out the duties and responsibilities imposed by this Ordinance, or who impedes or interferes with any action undertaken or ordered pursuant to this Ordinance shall be subject to enforcement actions.
Enforcement actions may include, but are not limited to the following:
(a) Notice of Violation (NOV)
Whenever the Town of
(b) Suspension of Service
In the event any treated water use restriction implemented by the Town Manager is violated, the Town Manager shall terminate or restrict the service of the person(s) where such violation occurs and may in addition thereto or in the alternative take such other appropriate legal action as prescribed by law.
At such time as the Town Manager is satisfied that the person is no longer in violation of any treated water use restrictions, the Town Manager shall reinstate the person’s water service pursuant to the following:
(a) After payment of a suspension/reconnection charge of $75.00 for first time offenders;
(b) After payment of a suspension/reconnection charge of $300.00 for second time offenders;
(c) After payment of a suspension/reconnection charge of $500.00 for each additional violation.
The Town Manager shall assess a civil penalty of up to $1,000.00 per violation to any offender who shall continue any violation beyond the time limit provided for in the aforementioned Notice of Violation. Each day in which a violation of any provision of this Ordinance shall occur or continue shall constitute a separate and distinct offense.
In determining the amount of the
civil penalty, the Town of
(a) The degree and extent of harm to the natural resources, to the public health, or to public or private property resulting from the violation;
(b) The duration and gravity of the violation;
(c) Whether the violation was committed willfully and intentionally;
(d) The prior record of the violator in complying or failing to comply with the Water Shortage Response Ordinance;
(e)
The costs of enforcement to the Town of
Section 8. Severability
If any provision of this Ordinance 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.
Section 9. Effective Date
This Ordinance shall take effect immediately upon adoption by the Town Council of the Town of Elizabethtown, North Carolina.
Adopted this 9th day of September, 2002.
____________________________________
Kenneth R. Kornegay
Mayor
ATTEST:
________________________________
Beverly M. Pait
Town Clerk