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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. Kuhn -Go. Panting—Salina. Kansa __. 1 1 1 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 1 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