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HomeMy WebLinkAboutA-60, Water ConservationORDINANCE A-60 AN ORDINANCE PROVIDING FOR WATER CONSERVATION WHEREAS, natural and man made conditions occur from time to time which result in a temporary shortage of water; and WHEREAS, such conditions may adversely effect the city's ability to provide an adequate supply of water or maintain pressure in the city's water system; and WHEREAS, it is ~in the best interest, well-being and safety of the' citizens of Carmel, Indiana, that an adequate supply of water and water pressure be maintained; NOW, 'THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA: A. Application This ordinance shall apply to all persons who are now or will be future users or customers of the City of Carmel's water utility, unless otherwise excepted by this Ordinance. B. Definitions For purposes of this Ordinance, the following terms, phrases and words are defined herein. Words used in the present tense, include the future, words in the plural include the singular and words in the singular include the plural. The word "shall" is always meant to be mandatory and not merely directory. Words of gender are intended to be interchangeable without regard to sexual designation. 1. Person. A person is any individual, firm, partnership, association, corporation, company, or any other organization of any kind. (1) 2. Municipal Water Utilits/Utilits. Shall be the City of Carmel Municipal Water Utility. 3. User/Customer. Shall mean any person whose residence and/or business is connected to the Utility, whether legally or ille- gally. Failure of a person to pay for the water they receive from the.. Utility shall not otherwise prevent them from being classified as a user or customer. 4. Health Care Provider. Shall mean any publically recognized and licensed medical or other licensed health care establishment, including but not limited to hospitals, emergency medi- cal centers, first-aid stations, doctors and dentist's offices and nursing homes. 5. Manager. Shall mean the Manager of the City of the Carmel Municipal Water Utility. 6. Fire Department. Shall mean the City of Carmel Municipal Fire Department. 7. Board. Shall mean the Carmel Board of Public Works and Safety. that he rise to a the Mayor of the City of Carmel or, in 8. Masor. Shall mean her absence, the acting Mayor. C. Powers Upon notice, either oral or written, from the Utility Manager has determined that conditions exist which may, or do, give shortage of water in the Utility, or water pressure in the Utility's Water System, or both, the Mayor shall be empowered to declare that an appropriate water conservation level shall be in effect. (2) The Mayor shall, at the time that a declaration of wster con- servation is made, determine the level of conservation which shall be imposed upon the users of the Utility. The Mayor shall, at her earliest opportunity, consult with the Carmel Board of Public Works and Safety, either at a regular session or a special session called for that purpose. At the meeting~ the Mayor, together with Utility Manager shall advise the Board as to the status of the water problem, the steps that h~ve been taken to remedy the problem, and the Board, shall determine the length of time that the level of conservation shall for the immediate and/or long term problem, items as the Mayor and the Board shall deem D. level of Conservation In orde~ to implement a appropriate to the needs of the be maintained, propose solutions and consider such other necessary, water conservation program utility and its users, the following levels of conservation are established: Level i Voluntary Conservation. Level 2 - Restricted Water Use. Level 3 Prohibited Water Use. Level 4 - Water Rationing. 1. Level I Voluntary Conservation This Level shall consist of a request by the Mayor to the users.to engage in conscience efforts to reduce water consumption by practicing conservation techniques and suggesting meaningful action,to be taken until such time as the existing water problem is resolved. (3) 2. Level 2 - Restricted Water Use Level 2 Shall be comprised of methods of restricting water usage by users to such times, terms and conditions as the Mayor and/or Board shall determine appropriate. Level 2 does not contemplate a severe water shortgage in the immediate future, but rather that man- datory conservation methods must be imposed to ~insure adequate water and pressure for future needs. The users shall be requested to cease or reduce water use for such items, including but not limited to: sprinkling, irrigating, or watering lawns, ground cover, gardens and other landscaping, washing of automobiles, trucks, homes or other non-essential equip- ment, the operation of ornamental fountains, wading and swimming pools (which do not employ a filter and recirculating systems) and such other non-essential uses as may, from time to time, be determined by the Board. -Special consideration shall be given regarding those persons whose businesses or livelihoods require a constant supply of water on a regular basis. These businesses include but are not limited to: Car Washes, Garden Centers and Restaurants. 3. Level 3 Prohibited Water Use Level 3 prohibitions shall preclude the use of water as announced under any preceeding Level 2 restriction(s). Additionally, users shall be subjected to additional ~prohibitions which will be determined bY the Board as conditions and needs dictate, but shall not include water rationing. Unless an emergency exist, the Mayor shall call a special joint meeting of the Board and City Council prior to the Utility adopting a Level 3 Water Conservation condition. In the event that a (4) emergency exist or it is impractical to call a special joint session of the Board and City condition but, thereafter as 4. Council, the Mayor may declare a Level 3 water shall convene the special joint session as soon possible. Level 4 - Water Rationin.~.. Water rationing shall provide water or pressure to is users by any than imposing specific allocations of waters on the amounts that are determined equitable by the City. exist, the Mayor shall Unless an emergency occur when the Utility can not reliably practical means other users, in such call a special joint meeting of the Board and City Council adopting a Level 4 water condition. In the exists or it is impractical to call a Board and City Council, the Mayor may dition, but, Shall convene the special thereafter as possible. After the establishment of the Board, upon the advice of the Manager, amounts of water that will be permitted to water distribution or control. E. Notice Of Water Conservation Level prior to the Utility event that an emergency special joint session of the declare a Level 4 water con- joint session as soon Level 4 water condition, the shall advise the users of the the user and the method of to Users 1. In order to inform users of the water in effect the Utility shall give its users practical. The following guidelines shall Utility, unless otherwise provided, or an advance notice impossible or impractical: conservation level notice as soon as it'is be adhered to by the emergency exists making full (5) Level i - Notice shall be given to the Local Newspapers, Radio, TV and Cable Stations requesting user compliance in accordinance with Level 1 restrictions; Level 2, ,3, and 4 Written notice shall be sent by the Utility to each user, at their last known address, by first class mail, postage prepaid. Newspapers, Radio, TV and Cable Stations level. A pre-recorded tape or tapes may and distributed to WHJE and/or any other station to provide an up-date to users 2. Contents of Notice- Each distributed to the press shall contain mation: A. The tions that level B. The In addition the Board shall advise the Local of the declared conservation be prepared by the Utility local radio station or cable of the water situation. notice sent to a user or at least the following infor- conservation level declared and water use prohibi- imposes on the users;. enforcement remedies available to the City in the event a person violates the restrictions of the declared conservation level; C. A telephone number or other information advising the user where questions may be answered or more information obtained, including radio stations which may carry D. Such other information that F. Enforcement Every,user shall be vided in this Ordinance, a pre-recorded broadcast; may be deeme~ relevant. subject to the enforcement provisions pro- with the exception of the Carmel Fire (6) Department, and any state licensed health care provider(s) which are or have been declared accepted by the Board. 1. Any person violati,ng the provisions of a Level 2 water conser- vation shall be subject to a fi~rst time written warning by either the City of Carmel Metropolitan Police Department or a Municipal Utility Employee, or such other duly authorized and designated employee of the City. .In the event said user continues to violate or subsequentally violates the water conservation restrictions imposed by Level 2, that person shall be cited with a written citation and subject to a fine up to ~ Z~ J~ ,,~'"~'~ DO 1 l ars ( $ ~0, oO ). 2. A person who violates water conservation levels 3 or 4 shall be cited by the Carmel Municipal Metropolitan Police Department or Municipal Utility Employee, authorized and designated employee of the Ordinance. A fine may be imposed against sum up to Two Hundred and Fifty Dollars ($250.00). Utility shall disconnect the water service to customer, at the time the citation is issued, possible. Water service shall be recommenced reconnection fee in the sum of ). or such other d~ly City, with violation of this said violator in the Additionally,~ the any such user or or as soon thereafter a~s upon the payment of a X~s/~ Dollars ~. Carmel City Court is authorized to hear all citations issued pursuant to this Ordinance, and further, may impose fines as prescribed in this Ordinance. A discontinuance of water service, shall not be considered a judicial remedy and shall be imposed, as (7 required by this Ordinance, regardless of the outcome of any Court hearing which may occur as a result of a citation being issued for a water conservation water level violation. ~. No condition precedent to the issuance of a violation or discontinuance of service. Receipt of notice by a user of the water conservation level declared by the shall not be a condition precedent violation citation to any user. A ordinance is intended as a best efforts obligation of the Utility not intended as a defense to the issuance of a violation citation. G. Saving Clause In the event any provision of this Ordinance shall be declared by any Court of competent jurisdiction to be void or unenforceable, the same shall not affect the remaining paragraphs or provisions in this Ordinance. H. Effective Date This Ordinance shall be in full force an~ effect from and after its passage by the Common Coun~l, due to the existance of an emergency requiring its passage. Upon passage~ this Ordinance shall three (3) public places in each of the which the members of the council Board or Board and City Council to the issuance of any warning or notice requirement provided in this and be effective by posting in five (5) council districts are elected. from (8) Passed and 1988. adopted this day of //~ COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA ATTESTATION: By DOROT~'¥ HANCOCK Presiding Officer SUSAN JONd~ CI erk-Treasurer ATTESTATION: /-- SUSAN JONES// /' C1 erk-Treasur~'r APPROVED: · DORO~IFHY· HANCOCK Mayor, City of Carmel (9)