§ 41-14. Emergency authority.

(a)

Purpose and scope. The purpose of this section is to establish the city's policy in the event of shortages or delivery limitations in the city's water supply. This section applies to:

(1)

All persons and premises within the city using water from the water system; and

(2)

All retail customers who live in incorporated areas within another city's jurisdiction and are served by the city water system.

(b)

Emergency water management plan. The director shall promulgate and submit an emergency water management plan to the city council for approval and when it has been approved by the city council it is incorporated by reference in this chapter as if fully set forth in it and it is enforceable as part of this article, the guidelines of which should include:

(1)

The conditions under which a particular stage of emergency will be implemented or terminated; and

(2)

Provisions defining specific events that will trigger an emergency.

(c)

Authority. The city manager is authorized to implement measures prescribed in the emergency water management plan when required by this section and by the emergency water management plan approved by the city council. The director is authorized to enforce the measures implemented and to promulgate regulations, to the extent authorized by the emergency water management plan, not in conflict with this section or state and federal laws, in aid of enforcement.

(d)

Implementation of emergency order. The director, upon determination that the conditions of a water emergency exist, shall advise the city manager. The city manager may order that the appropriate stage of emergency response, as detailed in the emergency water management plan, be implemented. To be effective, the order must be:

(1)

Made by public announcement; and

(2)

Published in a newspaper of general circulation in the city within twenty-four (24) hours after the public announcement, which order becomes immediately effective upon publication.

(e)

Duration of order; change; extension. Upon recommendation of the director, the city manager may upgrade or downgrade the stage of emergency when the conditions triggering that stage occur. Any change in the order must be made in the same manner prescribed in subsection (d) for implementing an emergency order. The city manager shall terminate the order in the manner prescribed in subsection (d) for implementing an emergency order when the director determines that the conditions creating the emergency no longer exist. Each stage of emergency response shall remain in effect until upgraded, downgraded, or terminated by the city manager.

(f)

Violation of section. A person commits an offense if he or she knowingly makes, causes or permits a use of water supplied by the city, contrary to the measures implemented by the city manager as prescribed in the emergency water management plan. For purposes of this subsection, it is presumed that a person has knowingly made, caused or permitted a use of water supplied by the city, contrary to the measures implemented if the mandatory measures have been formally ordered consistent with the terms of subsection (d) and:

(1)

The manner of use has been prohibited by the emergency water management plan; or

(2)

The amount of water used exceeds that allowed by the emergency water management plan.

(g)

Authority under other laws. Nothing in this section limits the authority of the mayor, the city council, and the city manager to seek emergency relief under the provisions of any state or federal disaster relief act.

(Ord. No. 8140, § 1, 3-20-2003; Ord. No. 8767, § 2, 3-22-07)