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HomeMy WebLinkAbout~Master - Water Rationing ORDINANCE NO.4147 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES,IOWA,BY ENACTING A NEW DIVISION VI WATER RATIONING SECTION 28.601 THROUGH 28.609 THEREOF,FOR THE PURPOSE OF RATE STRUCTURE REVISIONS; REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED,by the 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 enacting a new Division VI Water Rationing Section 28.601 through 28.609 as follows: DIVISION VI WATER RATIONING 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 all 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. The emergency water rationing measures shall apply to all customers of the Ames Municipal Water Utility. (Ord. No. 2777, Sec. 1, 7-21-81; Ord. No. 3199, Sec. 1, 9-24-92, Ord. No. 3620, 6-26-01; Ord.No. 4010, 09-22-09) Sec.28.602.Reserved Sec.28.603.STAGE I:MINOR MANDATORY CONSERVATION. When the Stage I: Minor Mandatory Conservation water rationing stage has been declared, 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. (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 period.After that the even and odd day restriction of subsection(3) above shall also apply to newly seeded and newly sodded lawns. (5) The aforesaid restrictions shall not apply with respect to use of reclaimed water or water that is not processed potable water. (Ord. No. 3927, 10-01-07) Sec.28.604.STAGE II: MODERATE MANDATORY RATIONING. When the Stage II: Moderate Mandatory Rationing water rationing stage has been declared, the following mandatory restrictions on the use of potable processed water shall be in effect: (1) All restrictions stated for the Stage I; Minor Mandatory Conservation water rationing stage shall be in effect when the Stage II;Moderate Mandatory Rationing water rationing stage has been declared,plus the additional restrictions stated in this section. (2) Reserved (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 5th, loth, 15th,20th,25th,30th 1 or 6 1 st, 6th, 11 th, 16th,21 st,26th 2 or 7 2nd,7th, 12th, 17th,22nd,27th 3 or 8 3rd,8th, 13th, 18th,23rd,28th 4 or 9 4th,9th, 14th, 19th,24th,29th 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 States 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 rationing rate when Stage II Rationing is in effect. The rationing rate shall be determined by multiplying the rates contained in the below referenced paragraphs by the following factors. The rationing rate shall be effective regardless of the month of the year. Residential. Multiply the rates in Sec. 28.201(1)(b)(ii)(a)by the following: First 1,000 cubic feet of usage shall be as shown Next 1,500 cubic feet shall multiply the rate shown by 2.0 Over 2,500 cubic feet shall multiply the rate shown by 2.0 Non-Residential(Commercial). Multiply the rates in Sec. 28.201 (2)(b)(ii)(a)by the following: All consumption shall multiply the rate shown by 1.6 Non-Peaking Industrial. Multiply the rates in Sec. 28.201 (3)(b)(ii)(a)by the following: All consumption shall multiply the rates shown by 1.15 Irrigation&Yard Water. Multiply the rates in Sec. 28.201(4)(b)(ii)(a)by the following: First 2,000 cubic feet shall multiply the rates shown by 2.0 Next 3,000 cubic feet shall multiply the rates shown by 2.0 Over 5,000 cubic feet shall multiply the rates shown by 2.0 Rural Water Rate. Multiply the rates in Sec. 28.201 (5)(b)(ii)(a)by the following: First 2,000 cubic feet shall be as shown Next 3,000 cubic feet shall multiply the rates shown by 2.0 Over 5,000 cubic feet shall multiply the rates shown by 2.0 (9) Reserved (Ord. No. 3927, 10-01-07; Ord. No. 4010, 09-22-09) Sec.28.605.STAGE III: SEVERE MANDATORY RATIONING. When the Stage III: Severe Mandatory Rationing water rationing stage has been declared, the following mandatory restrictions on the use of potable processed water shall be in effect: (1) All restrictions stated for the Stage I:Minor Mandatory Conservation water rationing stage and the Stage II: Moderate Mandatory Rationing water rationing stage(except the rationing rate) shall be in effect when the Stage III: Severe Mandatory Rationing water rationing stage has been declared,plus the additional restrictions stated in this section. (2) Reserved (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 III: 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 III: 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 III: 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 rationing rate when Stage III Rationing is in effect. The rationing rate shall be determined by multiplying the rates contained in the below referenced paragraphs by the following factors. The rationing rate shall be effective regardless of the month of the year. Residential.Multiply the rates in Sec. 28.201(l)(b)(ii)(a)by the following: First 1,000 cubic feet of usage shall be as shown Next 1,500 cubic feet shall multiply the rate shown by 4.0 Over 2,500 cubic feet shall multiply the rate shown by 4.0 Non-Residential(Commercial). Multiply the rates in Sec.28.201 (2)(b)(ii)(a)by the following: All consumption shall multiply the rate shown by 2.2 Non-Peaking Industrial. Multiply the rates in Sec. 28.201 (3)(b)(ii)(a)by the following: All consumption shall multiply the rates shown by 1.6 Irrigation&Yard Water. Multiply the rates in Sec. 28.201(4)(b)(ii)(a)by the following: First 2,000 cubic feet shall multiply the rates shown by 4.0 Next 3,000 cubic feet shall multiply the rates shown by 4.0 Over 5,000 cubic feet shall multiply the rates shown by 4.0 Rural Water Rate. Multiply the rates in Sec. 28.201 (5)(b)(ii)(a)by the following: First 2,000 cubic feet shall be as shown Next 3,000 cubic feet shall multiply the rates shown by 4.0 Over 5,000 cubic feet shall multiply the rates shown by 4.0 (4) Reserved (5) Reserved (Ord. No. 3927, 10-01-07; Ord.No. 4010, 09-22-09). See.28.606. Reserved. (Ord. No. 2777, Sec. 1, 7-21-81; Ord. No. 3199, Sec. 1, 9-24-92, Ord. No. 3620, 6-26-01) Sec.28.607. APPEAL OF THE RATIONING RATE. Any water utility customer may make an appeal, in writing, to the City Manager for a reduction in the amount of a monthly bill that is subject to the rationing rate. The City Manager may grant a reduction in the amount of a bill for any water utility customer based on the following criteria. (1) A substantial part of the consumption 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 bill. 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 bill 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 bill shall not be considered for amounts less than$5.00. (Ord. No. 3620, 6-26-01) 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 during a single water shortage has received three or more 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, Ord. No. 3620, 6-26-01) See.28.609. PENALTIES. (1) Any person who, in making application to the City Manager for a decrease in a bill, 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, Ord.No. 3620, 6-26-01) Section Two.Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set out by law. 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. Adopted this 25t`day of June,2013. Diane R.Voss,City Clerk Ann H.Campbell,Mayor