§ 41-14. Authority under drought conditions.

(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)

Water management plan. The director shall promulgate and submit a 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 drought stage will be implemented or terminated; and

(2)

Provisions defining specific events that will trigger a drought stage implementation.

(c)

Authority. The city manager is authorized to implement measures prescribed in the water management plan when required by this section and by the 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 water management plan, not in conflict with this section or state and federal laws, in aid of enforcement.

(d)

Implementation of drought response. The director, upon determination that the conditions of a drought exist, shall advise the city manager. The city manager may order that the appropriate stage of drought response, as detailed in the 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 drought stage 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 a drought response. The city manager shall terminate the drought stage in the manner prescribed in subsection (d) for implementing a drought response when the director determines that the conditions creating the drought no longer exist. Each stage of drought 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 water management plan. For purposes of this section, 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 by the water management plan 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 water management plan; or

(2)

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

(g)

Penalty. A person who commits an offense under this section is guilty of a misdemeanor, punishable by a fine of not less than one dollar ($1.00) and not more than two thousand dollars ($2,000.00). Each day that one (1) or more of the provisions of this section is violated constitutes a separate offense.

(h)

Rebuttable presumption. Any person, including a person classified as a water customer of the city, in apparent control of the property where a violation occurs or originates shall be presumed to the violator, and proof that the offense occurred on the person's property shall constitute a rebuttable presumption that the person in apparent control of the property committed the offense, but any such person shall have the right to show that he/she did not commit the offense. Parents shall be presumed to be responsible for offenses committed by their minor children and proof that an offense committed by a minor child occurred on property within their parents' control shall constitute a rebuttable presumption that the parent committed the violation, but any such parent may be excused if he/she proves that he/she had previously directed the child not to use the water as it was used in violation of the water management plan and that the parent could not have reasonably known of the offense.

(i)

Discontinuation of services. If a person is convicted of three (3) or more offenses under this section, the water utilities director shall, upon due notice to the customer, be authorized to discontinue water service to the premises where the offenses occur. Services discontinued under this subsection shall be restored only upon payment of a current connection charge, and any other costs incurred by the city in discontinuing service and upon adequate assurances being provided to the water utilities director that the offense will not reoccur while a drought stage under the water management plan is in effect.

(j)

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.

(k)

Civil remedies. Nothing in this section shall be construed as limiting the city's ability to pursue any other civil remedies to enforce a provision of this section as available under applicable law, including seeking injunctive relief and civil penalties for a violation of this section.

(Ord. No. 8140, § 1, 3-20-03; Ord. No. 8767, § 2, 3-22-07; Ord. No. 2014-9603 , § 2, 8-7-14)