07-10397 Water Conservationr
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(Published in the Salina Journal on Julyc(U,I 2007.)
ORDINANCE NUMBER 07-103
AN ORDINANCE AMENDING CHAPTER 41, ARTICLE II, DIVISION 3, SECTIONS
41-62 THROUGH 41-64, 41-66, AND 41-67 PERTAINING TO WATER CONSERVATION
AND REPEALING EXISTING SECTIONS 41-62 THROUGH 1-64, 41-66 AND 41-67.
BE IT ORDAINED by the governing body of the city of Salina Kansas:
Section 1. That Sections 41-62 through 41-64 of Chapter 41, A icle II, Division 3 of the Salina
Code are hereby amended to read as follows:
"Sec. 41-62. Declaration of a water watch, water warning, o
(a) Declaration of water watch. Whenever the city manager fi
the probability of a drought or some other condition causin
is rising, the city manager shall be empowered to declare, tr
take steps to inform the public and ask for voluntary reduc-
shall be deemed to continue until it is declared by the city i
manager's determination that a water watch exists shal.
governing body at its next regular or special meeting.
(b) Declaration of water warning. Whenever the city manager
some other condition causing a major water supply short,
starting to decline, the city manager shall be empowered
exists and will recommend, to the governing body, restrict
the period of warning. Such a warning shall be deemed to c
city manager to have ended. The city manager's determinz
and the recommended restrictions shall be subject to revif
next regular or special meeting.
(c) Declaration of water emergency. Whenever the city manag
by reason of a shortage of water supply needed for essenti,
empowered to declare that a water supply emergency ex
restrictions on water use during the period of the emerger
deemed to continue until it is declared by the city ma
manager's determination that a water emergency exists and
subject to review by the governing body at its next regular c
Sec. 41-63. Voluntary conservation measures.
water emergency.
Is that conditions indicate that
a major water supply shortage
I a water watch exists and shall
>ns in water use. Such a watch
anager to have ended. The city
be subject to review by the
ids that drought conditions or
are present and supplies are
declare that a water warning
s on nonessential uses during
inue until it is declared by the
n that a water warning exists
by the governing body at its
finds that an emergency exists
uses, the city manager shall be
is and will impose mandatory
y. Such an emergency shall be
ager to have ended. The city
ie restrictions imposed shall be
special meeting.
Upon the declaration of a water watch as provided in sectio 41-62(a), the city manager is
authorized to call on all water consumers to employ voluntary water conservation measures to
limit or eliminate nonessential water uses, included, but nol limited to, limitations on the
following uses:
(1) Sprinkling of water on lawns, shrubs or trees (incl
(2) Washing of motor vehicles.
(3) Use of water in swimming pools, fountains and ev
(4) Waste of water.
Sec. 41-64. Mandatory conservation measures.
A. Upon the declaration of a water supply warning as
governing body is authorized to implement certain ma
including, but not limited to, the following:
golf courses).
air conditioning systems.
-d by sections 41-62(b), the
water conservation measures,
(1) Suspension of new connections to the city's wat r 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 theemergency;
(2) Restrictions on the uses of water in one (1) or more classes of water uses, wholly or in
per;
(3) Restrictions on the sales of water at coin-operated facilities or sites;
(4) 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;
(5) Complete or partial bans on the waste of water; and
(6) Any combination of the foregoing measures.
B. Upon the declaration of a water supply emergency as provided by sections 41-62(c), the city
manager is authorized to implement certain mandatory water conservation measures,
including, but not limited to, the following:
(1) 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
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city prior to the effective date of the declaration of the emergency;
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(2) Restrictions on the uses of water in one (1) or more classes of water uses, wholly or in
part;
(3) Restrictions on the sales of water at coin-operated facilities or sites;
(4) 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;
(5) Complete or partial bans on the waste of water; and
(6) Any combination of the foregoing measures
(7) The city manager's determination that a water emerg ncy exists and the restrictions
imposed shall be subject to review by the governing b dy at its next regular or special
meeting."
Section 2. That Sections 41-66 and 41-67 of Chapter 41, Art cle II, Division 3 of the Salina
Code is hereby amended to read as follows:
"Sec. 41-66. Regulations.
During the effective period of any water supply emergency as provided for in section 41-62(c),
the city manager is empowered to promulgate such regulations as may be necessary to carry out
the provisions of this division, any water supply emergency resolution, or emergency water rate
resolution. Such regulations shall be subject to the approval of the governing body at its next
regular or special meeting.
Sec. 41-67. Violations, disconnections and penalties.
(a) If the city manager, director of utilities, or other city of Ficial or officials charged with
implementation and enforcement of this division or a water supply emergency resolution
learn of any violation of any water use restrictions imposed pursuant to sections 41-62, 41-
64 or 41-66 of this division, the customer of record and the owner, lessee, tenant, or
occupant known to the city to be responsible for the violati n shall be provided with either
actual or mailed notice of the violation.
(b) Prior to disconnection of water service, the customer of record and the owner, lessee, tenant,
or occupant known to the city to be responsible for the violation or its correction shall be
provided with either actual or mailed notice of the violation. 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 reasonable under the circumstan es. If the order is not complied
with, the city may terminate water service to the customer subject to the following
procedures:
(1) The city shall give the customer notice by mail or actual notice that water service will
be discontinued within a specified time due to the violation and that the customer will
have an opportunity to appeal the termination by requesting a hearing scheduled before
a city official designated as a hearing officer by the city manager;
(2) If such hearing is requested by the customer charged w th the violation, he or she shall
be given a full opportunity to be heard before termination is ordered; and
(3) The hearing officer shall make findings of fact and order whether service should
continue or be terminated.
(4) A fee of fifty dollars ($50.00) 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 two hundred dollars ($200.0) for the second violation and
three hundred dollars ($300.00) for any additional reconnections.
(c) Violations of this division shall be a municipal offense and 1 iay be prosecuted in municipal
court. Any person so charged and found guilty in municipal ourt of violating the provisions
of this division shall be guilty of a municipal offense. Eachday's violation shall constitute a
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g separate offense. The penalty for an initial violation shall be a mandatory fine of one
hundred dollars ($100.00). The penalty for a second or subsequent conviction shall be a
mandatory fine of two hundred dollars ($200.00)."
Section 3. That the existing Sections 41-62 through 41-64 41-66, and 41-67 are hereby
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repealed.
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Section 4. That this ordinance shall be in full force and effect from and after its adoption and
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publication once in the official city newspaper.
C Introdu ed: July 9, 2007
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Passed: July 16, 2007
a� �'
. Alan E. Jilka, ayor
[SEAL]
(ATTEST:
/U; ilh�itw
Lieu Ann Elsey, CMC, Uity Clerk