89-9341 Water SewersnLlx P-1 Ig — Sal
(Published in the Salina Journal lep/rW/re /s, 1989)
ORDINANCE NUMBER 89-9341
AN ORDINANCE AMENDING ARTICLE 11 OF CHAPTER 41 OF THE
SALINA CODE BY ADDING DIVISION 3, AUTHORIZING THE DECLARATION OF A
WATER EMERGENCY; ESTABLISHING PROCEDURES AND VOLUNTARY AND
MANDATORY CONSERVATION MEASURES; AUTHORIZING THE ISSUANCE OF
ADMINISTRATIVE REGULATIONS; PRESCRIBING CERTAIN PENALTIES; AND
REPEALING SECTION 41-58 OF THE SALINA CODE.
Kansas:
BE IT ORDAINED by the Governing Body of the City of Salina,
Section 1. That the heading of Article 11, Division 2 of Chapter 41 of
the Salina Code is hereby amended to read as follows:
"CHAPTER 41
ARTICLE II
Division 2. Air Conditioning Systems"
Section 2. That Article II of Chapter 41 of the Salina Code is hereby
amended by adding Division 3 which shall read as follows:
"CHAPTER 41
ARTICLE II
Division 3. Water Conservation
"Section 41-60. 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.
"Section 41-61. Definitions:
(a) "Water", as the term is used in this Article, 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.
(b) "Customer", as the term is used in this Article, 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.
(c) "Waste of water", as the term is used in this Article,
includes, but is not limited to (1) permitting water to
escape down a gutter, ditch, or other surface drain, or
(2) failure to repair a controllable leak of water due to
defective plumbing.
(d) The following classes of uses of water are established:
Class 1:
'Vater used for outdoor watering, either public or
private, for gardens, lawns, trees, shrubs, plants,
parks, golf courses, playing fields, swimming pools or
other recreational area; or the washing of motor
vehicles, boats, trailers, or the exterior of any
building or structure.
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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 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 41-62. Declaration of a water emergency.
Whenever the city manager finds that an
emergency exists by reason of a shortage of water supply
needed for essential uses, the city manager is authorized to
declare that a water supply emergency exists and that
voluntary water conservation and/or mandatory restrictions
on water use during the period of the emergency will be
imposed. The city manager's determination that a water
supply emergency exists shall be subject to review by the
governing body at its next regular or special meeting.
"Section 41-63. Voluntary conservation measures.
Upon the declaration of a water supply emergency
as provided in Section 41-62 the City Manager is authorized
to call on all water consumers to employ voluntary water
conservation measures to limit or eliminate nonessential 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 motor vehicles.
(c) Use of water in swimming pools, fountains and
evaporative air conditioning systems.
(d) Waste of water.
"Section 41-64. Mandatory conservation measures.
Upon the declaration of a water supply emergency
as provided by Section 41-62, 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;
(c) Restrictions on the sales of water at coin-operated
facilities or sites;
(d) The imposition of water rationing based on any
reasonable formula including, but not limited to,
Kuhn -Cox Priming — 5a1— Kansas
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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.
"Section 41-65. Emergency water rates.
Upon the declaration of a water supply emergency
as provided in Section 42-62, the governing body of the City
shall have the power to adopt emergency water rates by
resolution 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).
"Section 41-66. Regulations
During the effective period of any water supply
emergency as provided for in Section 41-62, the City
Manager is empowered to promulgate such regulations as may
be necessary to carry out the provisions of this Article, 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.
"Section 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 Article or a water supply
emergency resolution learn of any violation of any
water use restrictions imposed pursuant to Sections
41-64 or 61-66 of this Article, a written notice of
the violation shall be affixed to the property where
the violation occurred and the customer of record
and any other person known to the City who is
responsible for the violation or its correction shall
be provided with either actual or mailed notice.
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) 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.
(b) A fee of fifty dollars ($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 two hundred dollars ($200) for the second
violation and three hundred dollars ($300) for any
additional violations.
(c) Violations 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 mandatory fine of one hundred dollars ($100) .
In addition, such customer may be required by the
court to serve a definite term of imprisonment
which shall be fixed by the court and which shall
not exceed thirty (30) days. The penalty for a
second or subsequent conviction shall be a
mandatory fine of two hundred dollars ($200) .
"Section 41-68. Emergency termination.
Nothing in this Article shall limit the ability of any
properly authorized city official 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.
"Section 41-69. 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 ordinance and its applicability to other
persons and circumstances shall not be affected thereby."
Section 2. That the existing Section 41-58 of the Salina Code is
hereby repealed.
Section 3. This ordinance shall be in full force and effect from and
after its adoption and publication once in the official city newspaper.
Introduced: August 2.1 , 1989
Passed: September 11, 1989
4e;p �h Warner, Mayor
[SEAL]
ATTEST:
AL� Lei c.0 CAJ
Jacqu 0-'L-r'
Shiever, City Clerk