08-10451 Water Conservation(Published in the Salina Journal on June 17, 2008.)
ORDINANCE NUMBER 08-10451
AN ORDINANCE AMENDING CHAPTER 41, ARTICLE II, DIVISION 3 BY
AMENDING SECTIONS 41-60, 41-61, 41-67, AND 41-69 AND ADDING SECTION 41-61.1
PERTAINING TO WATER CONSERVATION AND REPEALING EXISTING SECTIONS
w 41-60,41-61,41-67 AND 41-69.
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BE IT ORDAINED by the governing body of the city of Salina, Kansas:
o Section 1. That Sections 41-60 and 41-61 of Chapter 41, Article II, Division 3 of the Salina
Code are hereby amended and reads as follows:
"See. 41-60. Purpose.
The purpose of this division is to conserve the water supply of the city, to meet the needs
and demands of the citizens, to eliminate waste in the use of such water, and provide for the
declaration of a water watch, water warning or a water supply emergency and the
implementation of voluntary and mandatory water conservation measures throughout the
city in the event such a watch, warning or emergency is declared.
Sec. 41-61. Definitions and classes of usage established.
(a) Definitions. The following definitions shall apply in the interpretation, implementation
and enforcement of this division:
(1) Water, as the term is used in this division, shall mean water available to the City of
Salina 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.
(2) Customer, as the term is used in this division, shall mean the customer of record
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.
(3) Waste of water, as the term is used in this division, includes, but is not limited to,
permitting substantial amounts of water to escape down a gutter, ditch or other
surface drain or failure to repair a controllable leak of water due to defective
plumbing.
(4) Outdoor watering, as the term is used in this division, shall mean the irrigation with
potable water of lawns, shrubs, flowers, trees, gardens and other outdoor vegetation
for personal, private, commercial, or governmental purposes.
(b) Classes of usage. 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, swtmming'pools or other
recreational areas, or the washing of motor vehicles, boats, trailers or the exterior of
any building or structure.
Class 2
Water used for commercial or industrial, including agricultural, purposes, except
water actually necessary to maintain the health and personal hygieng of bona fide
employees while such employees 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 1 or 2.
Class 4
Water necessary only to sustain human life and the lives of domestic pets and
maintain standards of hygiene and sanitation."
Section 2. That Section 42-61.1 is hereby added to Chapter 41, Article II, Division 3 of the
Salina Code and reads as follows:
"Sec. 41-61.1. Regulation of use.
(a) Outdoor watering with potable water, shall be prohibited between the hours of 10:00
w a.m. and 6:00 p.m., effective between June 1 and September 30. Upon application, a
special permit shall be issued by the Director of Utilities to allow watering newly
N seeded lawns between the hours of 10:00 a.m. and 6:00 p.m., effective June 1
through September 30.
' (b) No customer shall allow substantial amounts of water to escape or drain from private
property onto public property, including, but not limited to, public sidewalks, rights-
of-way, streets, alleys, and highways; provided that the term "substantial" shall mean
an amount sufficient to cause a discernible flow of water reaching the street, gutter or
other drainage system."
Section 3. That Section 41-67 of Chapter 41, Article Il, Division 3 of the Salina Code is
hereby amended and reads as follows:
"Sec. 41-67. Violations, disconnections and penalties.
(a) If the city manager, director of utilities, or other city official 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 41-61.1,
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 violation 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 circumstances. If
the order is not complied with, the city may terminate water service to the customer
subject to the following procedures:
(1) e 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 with.,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 •($200.00) for the second
violation and three hundred dollars ($300,00) for any additional reconnections.
(c) Violations of this division shall be a municipal offense anq inay be prosecuted in
mumcipal court. Any person so charged and found guilty in municipal court of violating
the provisions of this. division shall be guilty, of a municipal offense. Fach day's violation
' shall constitute a 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 4. That Section 41-69 of Chapter 41, Article Il, Division`.3 of the Salina Code is
hereby amended and reads as follows
"Sec. 41-69. Water conservation rebate program.
In order to promote water conservation, the governing body of the city may by resolution
adopt or amend a water conservation rebate program."
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Section 5. That the existing Sections 40-60, 41-61, 41-67 and 41-69 are hereby repealed.
Section 6. That this ordinance shall be in full force and effective July 1, 2008 and after its
publication once in the official city newspaper.
Introduced: June 2, 2008
Passed: June 9, 2008
[SEAL]
ATTEST:
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ClLieu Ann Elsey, ay Clerk
Jol>n K. Vanier II, Mayor
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Jol>n K. Vanier II, Mayor
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