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HomeMy WebLinkAbout~Master - Revising Water Rationing Provisions y i r ORDINANCE NO.3620 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES,IOWA,BY REPEALING SECTIONS 28.601 THROUGH 28.608 AND ENACTING NEW SECTIONS 28.601 THROUGH 28.609 FOR THE PURPOSE OF REVISING WATER RATIONING PROVISIONS; REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING PENALTY;AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED,by t e City Council for the City of Ames,Iowa,that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by repealing Sections 28.601 through 28.608 and enacting new Sections 28.601 through 28.609 as follows: "Sec.28.601. WATER SHORTAGES. From time to time,circumstances may cause the ability of the Ames Municipal Water Utility to supply water to become so diminished that there will not then be a sufficient supply of potable processed water to meet a' customary and usual demand indefinitely. Under those conditions the City Council may find, and declare by resolution, the existence of a public water shortage emergency. During such emergency, the City Council shall establish, by resolution, one or more of the water rationing stages described in Sections 28.602 through 28.605. (Ord. No. 2777, Sec. 1, 7-21-81; Ord.No. 3199, Sec. 1, 9-24-92) Sec.28.602. STAGE I: VOLUNTARY CONSERVATION. When the Stage I: Voluntary Conservation water rationing stage has been established, consumers of potable processed water are asked to voluntarily conserve water by voluntarily restricting the quantity of water that they use. Sec.28.603. STAGE II: MINOR MANDATORY CONSERVATION. When the Stage II: Minor Mandatory Conservation water rationing stage has been established, the following mandatory restrictions on the use of potable processed water shall be in effect: (1) No Ames Water Utility customer or other person shall cause or permit any use of potable processed water in such a manner or quantity that results in such water ponding or running into ditches, gutters, storm sewer inlets and surface water drains. This prohibition includes, but is not limited to,ponding or runoff resulting from the watering of lawns,trees,shrubs,gardens and bedding plants and from washing or hosing down sidewalks,driveways,parking areas and streets,but does not apply to municipal street sweeping equipment. (2) The use of potable processed water to wash vehicles is prohibited except at establishments that do so as a commercial activity. This prohibition includes "fund raising" car washes conducted for non-profit purposes unless such car washes occur at a commercial car wash establishment. (3) The outdoor vegetation at each water customer service location shall not be irrigated with potable processed water except such watering may occur on even numbered days of the month at those premises that have a street address that ends in an even digit,and,such watering may occur on odd numbered days of the month at those premises that have a street address that ends in an odd digit. (4) The provisions of subsection (3) above shall not apply with respect to a newly seeded or newly sodded lawn for the first ten days following the seeding or installation of sod,if the person in control of such premises has applied for and obtained from the City Department of Water and Pollution Control,a New Lawn Exemption Certification Placard,and caused that placard to be displayed on the site of such new lawn in such manner that the said placard is clearly and easily visible from a public street. During the ten-day exemption,watering is allowed for up to 8 hours per 24 hour 1 period. (5) The aforesaid restrictions shall not apply with respect to use of reclaimed water or water that is not processed potable water. Sec.28.604. STAGE III: MODERATE MANDATORY RATIONING. When the Stage III: Moderate Mandatory Rationing water rationing stage has been established, the following mandatory restrictions on the use of potable processed water shall be in effect: (1) All restrictions stated for the Stage II: Minor Mandatory Conservation water rationing stage shall be in effect when the Stage III: Moderate Mandatory Rationing water rationing stage has been established,plus the additional restrictions stated in this section. (2) The use of potable processed water to wash vehicles is prohibited except at establishments that do so as a commercial activity and utilize water conservation equipment such as water recycle/reuse systems and/or low consumption nozzles. (3) Outdoor vegetation shall not be irrigated with potable processed water except that such watering may be done once every five days in accordance with the following schedule: Last Digit of Service Address Day of Month Allowed to Water 0 or 5 51h, 10`", 15',20",25",30' 1 or 6 15`,6`h, 11"', 16"',2151,26"' 2 or 7 2"d,7"', 12`", 17th,22nd,27"' 3 or 8 3`d,8"', 13", 18'h,23`d,28' 4 or 9 0 9ffil 14" 19" 24"' 29"' Irrigation rates shall not exceed one inch per day. Watering that results in water ponding or running off into ditches,gutters,storm sewer inlets and outdoor drains is prohibited. Outdoor watering shall not be done except between the hours of 6:00 a.m.to 9:00 a.m.,and 7:00 p.m.to 10:00 p.m. (4) With respect to newly seeded or newly sodded lawns for which a New Lawn Exemption Certification Placard has been obtained and displayed,in accordance with the procedure stated in Subsection 28.603(4),the lawn may be irrigated for as much as eight hours out of the first twenty-four hours after seeding or installation of sod. After that time,for the next nine consecutive days, watering of the lawn may be done between 5:30 a.m. to 9:30 a.m. and between 7:00 p.m. to 10:00 p.m.with daily applications of water not to exceed one inch. After that the once-every-five- days restriction of subsection(3)above shall also apply to newly seeded and newly sodded lawns. (5) Potable processed water shall not be introduced into any outdoor pool or fountain except swimming pools owned by the City,the State of Iowa,or the United Stated of America. (6) The use of hydrant meters for watering new seed or sod, dust control, settling backfill,or other construction purposes is prohibited. Hydrant meters in place will be removed by the City Water Meter division staff. Exceptions to this prohibition will be made on a case by case basis by appealing to the City Manager and will be granted for essential life,health and safety purposes only. (7) The aforesaid restrictions shall not apply with respect to use of reclaimed water or water that is not processed potable water. (8) For each water utility service location, the water utility customer shall pay a surcharge rate of$0.075 per cubic foot(approximately 10 per gallon)of water metered to the location during a billing cycle that is in excess of 1.5 times the average amount of water that was metered to the location during the billing cycles corresponding to the previous December,January,and February. Sec.28.605. STAGE IV: SEVERE MANDATORY RATIONING. When the Stage IV:Severe Mandatory Rationing water rationing stage has been established, 2 the following mandatory restrictions on the use of potable processed water shall be in effect: (1) All restrictions stated for the Stage II: Minor Mandatory Conservation water rationing stage and the Stage III: Moderate Mandatory Rationing water rationing stage(except the surcharge rate)shall be in effect when the Stage IV:Severe Mandatory Rationing water rationing stage has been established,plus the additional restrictions stated in this section. (2) The use of potable processed water to wash any vehicle is prohibited, including vehicle washing as a commercial activity. (3) Outdoor vegetation shall not be irrigated with potable processed water except that: (a) Trees and shrubs that are less than four years old and planted before the establishment of the Stage IV: Severe Mandatory Rationing water rationing stage and seeding or sodding that is less than one year old and done before the establishment of the said Stage IV: Severe Mandatory Rationing water rationing stage may be watered once per week with the total weekly application not to exceed one inch. Watering of any outdoor vegetation planted after the date of establishment of the Stage IV: Severe Mandatory Rationing water rationing stage is prohibited. (b) Outdoor flower and vegetable gardens may be watered once per week, provided that drip irrigation or soaker hoses are used and the application rate does not exceed one inch per week. (4) For each water utility service location, the water utility customer shall pay a surcharge of$0.225 per cubic foot(approximately 3¢per gallon) of water metered to the location during a billing cycle that is in excess of 1.1 times the average amount of water that was metered to the location during the billing cycles corresponding to the previous December,January,and February. Sec.28.606. APPEAL AND ADJUSTMENT OF THE BASE ALLOCATION. Any water utility customer may make an appeal, in writing, to the City Manager for an increase in the Base Allocation. Base Allocation is the amount of water that can be consumed before an established surcharge goes into effect. The City Manager may grant an increase in the Base Allocation based on the following criteria: (1) For a single family residential occupancy the Base Allocation shall be increased as needed to provide 200 cubic feet per billing cycle for each person residing at the premises and who has resided at the premises for not less than thirty consecutive days and who will continue to reside at the premises for an additional period of thirty days. (2) For any and all occupancies,the Base Allocation may be increased to the extent reasonably deemed necessary to meet life,health and safety needs pertaining to the use and occupancy of the premises. (Ord.No. 2777, Sec. 1, 7 21-81; Ord.No. 3199,Sec. 1, 9-24-92) Sec.28.607. APPEAL�F THE SURCHARGE. Any water utility customer may make an appeal, in writing, to the City Manager for a reduction in the amount of the surcharge. The City Manager may grant a reduction in the amount of an established surcharge for any water utility customer based on the following criteria. (1) A substantial part of the consumption in excess of the Base Allocation is attributable to mechanical defects such as broken or leaking pipes or plumbing fixtures. Carelessness by the customer shall not be grounds for a reduction in the amount of a surcharge. The customer must provide evidence that the mechanical defect has been repaired. Such evidence includes an invoice from a licensed plumber or a receipt for purchased plumbing materials. (2) The reduction in the surcharge shall be only for the billing cycle period prior to or including the date of correction of the mechanical defect. (3) Appeals for reduction of a surcharge shall not be considered for amounts less than $5.00. Sec.28.608. REDUCTION OR TERMINATION OF SERVICE. The City Manager is authorized,after giving notice and opportunity for hearing,to reduce or terminate the flow of potable processed water to any customer who has received three or more 3 notices of violation of the provision of either Sec.28.603,28.604,or 28.605,of the Ames Municipal Code. (Ord.No. 2777, Sec. 1, 7-21-81; Ord.No. 3199, Sec. 1, 9-24-92) Sec.28.609. PENALTIES. (1) Any person who,in making application to the City Manager for an increase in the Base Allocation, or a decrease in a surcharge, a New Lawn Exemption Certification Placard, or otherwise provides information to the City with respect to Sections 28.603 - 28.607 that is intentionally false or incorrect shall automatically have their request, application or appeal denied. Additionally,such person shall be guilty of a municipal infraction punishable by a penalty of$75.00 for a person's first violation and a penalty of$150.00 for each repeat violation. (2) Violation of any provision or prohibition of Sections 28.603 through and including 28.605 shall be a municipal infraction punishable by a penalty of$75.00 for a person's first violation thereof,and a penalty of$100.00 for each repeat violation. (Ord. No. 2777, Sec. 1, 7-21-81; Ord.No. 3199, Sec. 1, 9-24-92)" Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set out in Section 1.9 of this Code. Section Three. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict,if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this 26th day of June,2001. Diane R. Voss,City Clerk Ted Tedesco,Mayor 4