Chapter 13.05
PROHIBITING OR LIMITING NONESSENTIAL USES OF WATER
Sections:
13.05.040 Water conservation measures.
13.05.050 Water curtailment measures.
13.05.060 Enforcement and penalties.
13.05.010 Purpose.
The purpose of the ordinance codified in this chapter is to add this chapter to the municipal code by incorporating provisions to require water conservation/curtailment during periods when the city’s water supply is insufficient to meet unrestricted uses. The provisions for water conservation/curtailment are intended to address water shortage due to drought, water system equipment malfunctions, source water contamination, minimal storage reservoir levels for fire protection purposes and when the water system is otherwise stressed as a result of long, hot periods of continuing water demand. (Ord. 2864 (part), 2001)
13.05.020 Definitions.
A. "Customer" shall mean any person using water supplied by the city of Cottage Grove through its municipal water system.
B. "Commercial and industrial" shall mean any business or activity connected with trade, processing, manufacturing, fabrication or commerce in general. Schools, governmental and quasi-governmental operations shall also be included.
C. "Drip irrigation system" shall mean a method of watering plants and shrubs in such a manner that water passes at a slow rate from the system directly to the soil, either by placement of the water piping directly within or upon the ground, without water being discharged into the air, so that water can be efficiently absorbed into the soil without runoff and minimal evaporation.
D. "Landscaping" shall include ornamental flowering plants, shrubs and trees.
E. "Lawn" shall mean grass, or any similar type of ground cover.
F. "Person" shall mean any individual, business, firm, entity, partnership, company, organization or group of any kind.
G. "Residential" shall mean all buildings designed or used exclusively for family occupancy and having housekeeping facilities for one or more persons.
H. "Water" as used in this chapter shall mean any water contained within or provided through the Cottage Grove municipal water system.
I. "Water curtailment" shall mean a short-term, mandatory program intended to significantly reduce water consumption as a result of a lost water source due to state mandates for water use reduction, equipment failure or water contamination.
J. "Water conservation" shall mean a long-term program intended to reduce average water use and reduce the demand on the city’s water system. (Ord. 2864 (part), 2001)
13.05.030 Applicability.
The provisions of this chapter shall apply to all customers using water supplied by the city of Cottage Grove’s municipal water system. All persons using water, under emergency conditions or otherwise, shall do so in an efficient and careful manner and shall take all reasonable steps to avoid wasting water. (Ord. 2864 (part), 2001)
13.05.040 Water conservation measures.
Conservation and good utilization of water is suggested and encouraged, but it is not regulated. However, leak repair/prevention as well as prevention of water waste is required in accordance with Sections 13.04.200 and 13.04.210. The city encourages its water customers to conserve water at all times by:
A. Implementing efficient watering techniques for lawn and landscaping.
B. Utilizing low flow water fixtures.
C. Avoiding waste of water resulting from nonessential uses and from water leaks. (Ord. 2864 (part), 2001)
13.05.050 Water curtailment measures.
The following describe the various water curtailment conditions:
A. Condition No. 1--Water Warning.
1. General. This is a water warning condition activated by the city manager where continuing demand during hot weather periods or other conditions pose a threat to an adequate supply of water in the municipal system. Available water is limited and it is apparent that the city’s water storage reservoirs will be reduced to levels below the safe minimums for domestic use and fire protection purposes.
2. Notification. The city manager or his designee shall provide public notification of a water warning by newspaper, radio, TV and/or leaflets distributed door-to-door or posted in public buildings and businesses. Notice may also be made via the city’s web page, and, if practical, as an attachment to the municipal utility bill mailed to each customer. The notice shall include the effective date and time of the restriction, a description of the restricted uses and, if known, the duration of the restricted use period.
3. Requirements. Customers will be required to do all lawn and garden watering between the hours of nine p.m. and six a.m. on a water-by-the-numbers program whereby no person or customer shall sprinkle, water, or irrigate any shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens, flowers or any other vegetation, except as follows:
a. Such irrigation, sprinkling and watering shall be permitted by even-numbered property addresses on even-numbered days of the calendar.
b. Such irrigation, sprinkling and watering shall be permitted by odd-numbered property addresses on odd-numbered days of the calendar.
4. Residential. The following residential water uses are determined to be nonessential, and shall be prohibited during water warning conditions:
a. The use of water to wash any motorbike, motor vehicle, boat, trailer, airplane, recreational vehicle or other vehicle except at a commercial fixed washing facility.
b. The use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts or other hard surfaced area or building or structure.
c. The use of water to fill, refill or add to any indoor or outdoor swimming pools, jacuzzi pools except for neighborhood fire control, where the pools have recycling water systems and evaporative covers, or where the use of the pool is required by a medical doctor’s prescription.
d. The use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support fish life.
5. Commercial and Industrial. The following commercial and industrial water uses are determined to be nonessential and shall be prohibited during water warning conditions:
a. The use of water to wash any motorbike, motor vehicle, boat, trailer, airplane, recreational vehicle or other vehicle except at a commercial fixed washing facility.
b. The use of water to serve a customer in a restaurant unless requested by the customer.
c. The use of water for scenic and recreational ponds and lakes, except for the minimum amount required to support fish life.
d. The use of water from hydrants for construction purposes, fire drills or any purpose other than fire fighting.
e. The use of water by a golf course to irrigate any portion of its grounds except those areas designated as tees and greens.
f. The use of water for dust control.
B. Condition No. 2--Critical Water Emergency.
1. General. This is a critical water emergency condition activated by the city manager because the city’s water supply is exhausted to the point where an immediate emergency condition exists. The health and welfare of the community is at risk because of an insufficient municipal water supply to meet basic domestic and fire protection needs.
2. Notification. The city manager or his designee shall provide public notification of a critical water emergency by newspaper, radio, TV and/or leaflets distributed door-to-door or posted in public buildings and businesses. Notice may also be made via the city’s web page, and, if practical, as an attachment to the municipal utility bill mailed to each customer. The notice shall include the effective date and time of the restriction, a description of the restricted uses and, if known, the duration of the restricted use period.
3. Requirements. The water supply is critical and all nonessential water use will be prohibited.
4. Residential. The following water uses will be prohibited during critical water emergency conditions:
a. The use of water to sprinkle, water, or irrigate any shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens, flowers or any other vegetation. Fruit trees and vegetable gardens may be watered when done so by drip irrigation or handheld hose or bucket and when done so as to minimize water use.
b. The use of water to wash any motorbike, motor vehicle, recreational vehicle, boat, trailer, airplane or other vehicle.
c. The use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts or other hard surfaced area or building or structure.
d. The use of water to fill, refill or add to any indoor or outdoor swimming pools, jacuzzi pools except for neighborhood fire control.
e. The use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support fish life.
f. The use of water in any evaporative or misting cooling systems.
5. Commercial and Industrial. The following commercial and industrial water uses are determined to be nonessential, and shall be prohibited during critical water emergency conditions:
a. The use of water to sprinkle, water, or irrigate any shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens, vegetables, flowers or any other vegetation.
b. The use of water to wash any motorbike, motor vehicle, recreational vehicle, boat, trailer, airplane or other vehicle.
c. The use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts or other hard surfaced area or building or structure.
d. The use of water to fill, refill or add to any indoor or outdoor swimming pools, jacuzzi pools except for neighborhood fire control, or where the use of the pool is required for medical purposes in a medical facility.
e. The use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support fish life.
f. The use of water to serve a customer in a restaurant unless requested by the customer.
g. The use of water for scenic and recreational ponds and lakes, except for the minimum amount required to support fish life.
h. The use of water from hydrants for construction purposes, fire drills or any purpose other than fire fighting.
i. The use of water by a golf course to irrigate any portion of its grounds.
j. The use of water for dust control.
k. The use of water in any evaporative or misting cooling system. (Ord. 2864 (part), 2001)
13.05.060 Enforcement and penalties.
The city manager or his designee shall have the duty and is hereby authorized to enforce the provisions of this chapter. Any person who violates the provisions of this chapter shall receive a written warning for the first violation. Second and subsequent violations shall receive civil penalties as follows in addition to termination of water service hereinafter provided:
A. The second violation in any sixty-day period shall be punishable by a penalty of one hundred dollars.
B. The third violation in any sixty-day period shall be punishable by a penalty of two hundred fifty dollars.
C. The fourth and subsequent violations in any sixty-day period shall be punishable by a penalty of five hundred dollars.
In addition to the civil penalties provided above, a person who is assessed a civil penalty shall also have his or her water service disconnected. Service so disconnected shall be restored only upon payment of the applicable civil penalty plus the current turn-on fee established in the city’s fee schedule. (Ord. 2864 (part), 2001)
13.05.070 Emergency clause.
Precipitation during the previous twelve months have been significantly below normal, and this has resulted in the lowest rainfall and water levels since 1972. Because this condition is expected to adversely affect the city’s municipal water supply, the council deems that an emergency exists and that it is in the interests of the public welfare and safety that the ordinance codified in this chapter take effect immediately upon its passage by the council and approval by the mayor. (Ord. 2864 (part), 2001)