ORDINANCE NO

ORDINANCE NO. 8492

AN ORDINANCE AUTHORIZING THE DECLARATION OF A WATER EMERGENCY; ESTABLISHING PROCEDURES AND VOLUNTARY AND MANATORY CONSERVATION MEASURES; AUTHORIZING THE ISSUANCE OF ADMINISTRATIVE REGULATIONS; AND PRESCRIBING CERTAIN PENALTIES.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE:

Section 1. Chapter 19, Article 10 of the Code of the City of Lawrence, Kansas is hereby amended as follows:

ARTICLE 10. WATER CONSERVATION.

19-1001 Purpose: The purpose of this Article is to provide for the declaration of a water supply emergency and the implementation of voluntary and mandatory water conservation measures throughout the city in the event such an emergency is declared.

19-1002 Definitions:

(a) “Water”, as the term is used in the Article, shall mean water available to the City of Lawrence for treatment by virtue of its water rights or any treated water introduced by the City into its water distribution system, including water offered for sale at any coin-operated site.

(b) ‘Water Emergency”, as the term is used in this Article, shall mean any situation that results in limitations on the City’s ability to provide service to consumers, including but not limited to power failures at treatment and/or pumping facilities, equipment failures, lack of adequate source of ‘supply, and/or operational limitations.

(c) “Consumer”, as the term is used in this Article, shall mean any person using water for any purpose from the City’s water distribution system and for which either a regular charge is made or, in the case of coin sales, a cash charge is made at the site of delivery.

(d) ‘Waste of Water”, as the term is used in this Article, includes, but is not limited to (a) permitting water to escape down a gutter, ditch or other surface drain, (b) failure to repair a controllable leak of water due to defective plumbing.

(e) The following classes of uses of water are established:

Class 1:

Water used for outdoor watering, either public or private, for gardens, lawns, trees, shrubs, plants, parks, golf courses, playing fields, swimming pools or other recreational areas; the washing of streets, motor vehicles, boats, trailers, or the exterior of any building or structure and water sold to wholesale customers, or other similar uses of water.

Class 2:

Water used for any commercial or industrial, including agricultural, purposes: except water actually necessary to maintain the health and personal hygiene of bona fide employees while such employee & are engaged in the performance of their duties at their place of employment.

Class 3:

Domestic usage, other than that which would be included in either Classes I or2.

Class 4:

Water necessary only to sustain human life and the lives of domestic animals and maintain minimum standards of hygiene and sanitation.

19-1003 Declaration of a Water Watch, Warning, or Emergency.

(a) Whenever the governing body of the City finds that a circumstance exists by reason of a shortage of water or inability to produce water needed for essential uses, it shall be empowered to declare by resolution that a water watch, warning, or emergency exists and that it will encourage voluntary conservation or impose mandatory restrictions on water use during the period of the crisis. Specific steps are indicated in the City of Lawrence Water Conservation Plan, which has been adopted by the City Commission. Such an emergency shall be deemed to continue until it is declared by resolution of the governing body to have ended. The resolutions declaring the existence and end of a water watch, warning, or emergency shall be effective immediately and may be publicized through the general news media or other appropriate method for making such resolutions public.

(b) As an alternative to the provisions of subsection (a), the City Manager or the Director of Utilities, or the designees of such persons, may exercise termination powers pursuant to Section 19-1009.

19-1004 Voluntary Conservation Measures: Upon the declaration of a water emergency as provided in 19-1003, the City Manager is authorized to call on all water consumers to employ voluntary water conservation measures to limit or eliminate non-essential water uses including, but not limited to, limitations on the following uses: -

(a) Sprinkling of water on lawns, shrubs or trees (including golf courses).

(b) Washing of automobiles.

(d) Waste of water.

19-1005. Mandatory Conservation Measures: Upon the declaration of a water emergency as provided in 19-1003, the City Manager is also authorized to implement certain mandatory water conservation measures, including, but not limited to the following:

(a) Suspension of new connections to the City’s water distribution system, except connections of fire hydrants and those made pursuant to agreements entered into by the City prior to the effective date of the declaration of the emergency.

(b) Restrictions on the uses of water in one or more classes of water use, wholly or in part.

(d) The imposition of water rationing based on any reasonable formula including, but not limited to, the percentage of normal use and per capita or per consumer restrictions. -

(e) Complete or partial .bans on the waste of water; and

(f) Any combination of the foregoing measures.

19-1006 Emergency Water Rates: Upon the declaration of a water emergency as provided in 19-1003, the governing body of the City shall have power to adopt emergency water rates by ordinance designed to conserve water supplies. Such emergency rates may provide for, but are not limited to: (a) higher charges for increasing usage per unit of use (increasing block rates); (b) uniform- charges for water usage per unit of use (uniform unit rate); or (c) extra charges in excess of a specified level of water use (excess demand surcharge).

19-1007 Regulations: During the effective period of any water watch, warning, or emergency as provided for in 19-1003, the City Manager is empowered to promulgate such regulations as may be necessary to carry out the provisions of this Article, any water emergency resolution, or emergency water rate ordinance. Such regulations shall be subject to the approval of the governing body at its next regular or emergency meeting.

19-1008 Violations. Disconnections and Penalties:

(a) If the City Manager or other city officials charged with implementation and enforcement of this Article or a water emergency resolution learn of any violation of any water use restrictions imposed pursuant to this Article, a written notice of the violation shall be affixed to the property where the violation occurred and mailed to the consumer of record and to any other person known to the City who is responsible for the violation or its correction. Said notice shall describe the violation and order that it be corrected, cured or abated immediately or within such specified time as the City determines is reasonable under the circumstances. If the order is not complied with, the City may terminate water services to the consumer subject to the following procedures:

(1) The City shall give the consumer notice by mail that water services will be disconnected within a specified time due to the violation and that the consumer will have the opportunity to appeal the termination by requesting a hearing scheduled before the City governing body or a city official designated as a hearing officer by the governing body;

(2) If such a hearing is requested by the consumer charged with the violation, he or she be given a reasonable opportunity to be heard at the hearing; and

(3) The governing body or hearing officer shall make findings of fact and order whether service should continue or be terminated.

(b) A fee of $50 shall be paid for the reconnection of any water service terminated pursuant to subsection (a). In the event of subsequent violations, the reconnection fee shall be $200 for the second violation and $300 for any additional violations.

(c) Violation of this Article shall be a municipal offense and may be prosecuted in Municipal Court. Any person so charged and found guilty in Municipal Court of violating the provisions of this Article shall be guilty of a municipal offense. Each day’s violation shall constitute a separate offense. The penalty for an initial violation shall be a minimum fine of $100. In addition, such customer may be required by the Court to serve a definite term of confinement in jail which shall by fixed by the Court and which shall not exceed 30 days.

The penalty for a second or subsequent conviction shall be a mandatory fine of $200. In addition, such customer shall serve a definite term of confinement in the city or county jail which shall be fixed by the Court and which shall not exceed 30 days.

19-1009 Emergency Termination: Nothing in this Article shall limit the authority of the City Manager or the Director of Utilities, or the designees of such persons, from terminating the supply of water to any or all customers upon the determination of such city official that emergency termination of water service is required to protect the health and safety of the public.

19-1010 Severability: If any provision of this Article is declared unconstitutional, or the application thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the Article and its applicability to other persons and circumstances shall’ not be affected thereby.

Section 2. This ordinance shall become effective upon its publication on the official city newspaper.

Adopted by the Governing Body of the City of Lawrence, Kansas, this_______ day of_________2010.

PASSED:

_____________________________

Mike Amyx, Mayor

ATTEST:

____________________________

Jonathan M. Douglass, City Clerk

Approved as to form and legality:

___________________________________

Toni R. Wheeler, Director of Legal Services