19930608 1993-25ORDINANCE NO. 1993-25
AN ORDINANCE REPEALING ARTICLE IV, CHAPTER 24 OF THE CODE OF
THE CITY OF FAIRFAX, VIRGINIA, CONCERNING WATER SHORTAGE
EMERGENCY REGULATIONS AND ENACTING A NEW ARTICLE IV,
CHAPTER 24, CONCERNING WATER SUPPLY EMERGENCY.
BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia, that Article IV, Chapter 24 of the Code of the City
of Fairfax, Virginia, is hereby repealed and that a new Article
IV, Chapter 24 is enacted to read in its entirety as follows:
ARTICLE IV.
WATER SUPPLY EMERGENCY
Sec. 24-41.
Purpose.
The purpose of this article is to provide for the reduction
and curtailment of water usage through voluntary and mandatory
restrictions during water supply emergencies.
Sec. 24-42.
Scope.
This article shall apply to all City water system customers
and water users.
Sec. 24-43.
Definitions.
For the purposes of this article, the following words and
phrases shall have the following meanings:
Water: Water taken from the city water system.
Water emergency: A critical water supply shortage
requiring mandatory curtailment of nonessential water use.
Water outage emergency: A condition in which the supply
of water to the city water system has ceased or is in jeopardy
of cessation; is severely limited due to water system failure;
or is polluted; and because of which immediate action is
required by the federal, state or city governments to provide
minimum necessary potable water for human consumption, to inform
the public, and to protect the health, safety and welfare.
Water shortage alert: A condition requiring actions by the
city to avert a potential water shortage because either: (a)
the total daily withdrawal of water from a water source is
expected to significantly exceed the water flow of such source;
(b) the city water supply system may not be able to meet the
expected demand; or (c) a water shortage can be reasonably
expected to occur if voluntary water conservation actions are
not taken.
Water shortage restriction: A condition requiring actions
by the city to respond to an existing water shortage.
Sec. 24-44.
Declaration of water shortage alert.
The city manager, in consultation with the director of
transit and utilities, is authorized to find that there exists
and to declare a water shortage alert. The city manager shall
notify the general public that a water shortage alert has been
declared and that water usage should be reduced by the public
as much as possible on a voluntary basis.
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Sec. 24-45.
(a)
Declaration of water shortage restriction.
The city manager, in consultation with the director
of transit and utilities, is authorized to declare a
water shortage restriction. The city manager shall
notify the general public that a water shortage
restriction has been declared and that more specific
voluntary restrictions of water usage by the public
are requested. In declaring this restriction, the
city manager may request the public to refrain
voluntarily from one or more of the following water
usages:
(1) Watering of lawns and other vegetation through
the use of hoses or sprinklers;
(2) Washing automobiles through the use of hoses;
(3) Washing driveways and sidewalks;
(4) Watering or washing any item with a container
having a capacity larger than three gallons; and
(5) Filling or using water-demanding amenities such
as ornamental fountains, waterfalls and ponds.
(b) The city manager may request the public to voluntarily
limit water usage to seventy-five gallons per person
per day.
Sec. 24-46.. Declaration of water shortage emergency..
When city council finds, based upon the recommendation of
the city manager and in consultation with the director of
transit and utilities, that the city water supply is limited and
that water conservation actions are necessary to conserve,
extend or replenish the city water supply to protect the health,
safety or welfare, the council may, by ordinance, declare that
there exists a water shortage emergency. The council may
authorize the city manager to implement, in whole or in part,
Plan A-l, Plan A-2 or Plan A-3 as defined below:
(a) Plan A-1. As a goal, users of city water should
voluntarily limit water consumption to seventy-five gallons
per person per day. All water users shall inspect all
plumbing and repair all leaks as soon as practicable after
notification of the water shortage emergency. Use of water
for the following purposes is prohibited:
(1) Watering or irrigation of shrubbery, trees, lawns,
grass, plants or other vegetation, except from a
container not exceeding three gallons in capacity.
This prohibition shall not apply to plant nurseries,
golf course greens, and commercial agricultural
activities;
(2) Washing of automobiles, trucks, trailers or other
mobile equipment, except from a container not
exceeding three gallons in capacity. This prohibition
shall not apply to vehicle wash facilities operating
with an effective and efficient water recycling system
that recycles at least 50% of the water, provided that
the owner or operator of the facility prominently
displays a sign in public stating that the facility
operates with such a recycling system;
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(3)
Washing of streets, driveways, parking lots, service
station aprons, the exterior of commercial or
residential buildings, or any other outdoor surfaces,
except from a container not exceeding three gallons
in capacity, unless such washing is required to
eliminate a hazard including, but not limited to,
debris from a car accident, a chemical spill or
release;
Filling or using water-demanding amenities such as
ornamental fountains, waterfalls and ponds;
(5)
(6)
(7)
Filling of swimming, wading or spray pools from an
empty or less than three quarters full condition;
Service of drinking water in restaurants, except upon
request; and
Use of water from fire hydrants, except for health and
safety purposes.
The owners or operators of all businesses shall post water
conservation signs at all locations where water is used.
(b) Plan A-2. As a goal, users of city water should
voluntarily limit water consumption to forty gallons per
person per day. In addition to the prohibitions included
in Plan A-l, use of water for any of the following purposes
is prohibited:
(1)
Adding water of any kind to swimming, wading or spray
pools, or to fountains, ponds or other ornamental
structures;
(3)
Use of water for outdoor recreation;
Operation of air conditioning units requiring the use
of water, where the interior building temperature is
less than eighty degrees Fahrenheit, with the
exception of facilities containing heat sensitive
materials or equipment;
(4)
School athletic programs and other indoor or outdoor
public or private athletic or recreation activities,
including health spas;
(5)
(6)
(7)
Construction purposes, including hydroseeding, dust
control and filling or flushing water mains for new
developments;
Commercial vehicle and automotive equipment washing,
including but not limited to, vehicles and equipment
used for golf courses, nurseries and agricultural
purposes; and
Washing of sidewalks, exterior paved areas, vehicles,
windows.
(c) Plan A-3. As a goal, users of city water should
voluntarily limit water consumption to thirty gallons per
person per day. In addition to the prohibitions included
in Plans A-1 and A-2, use of water for any of the following
purposes is prohibited:
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(1) Make-up water for air conditioners;
(2) Automatic ice-making machines in commercial establish-
ments;
(3) Production of bottling of beverages;
(4) Operation of any commercial or industrial facility
which is ordered to be closed by the city; and
(5) Drinking fountains.
If the city council determines that a water shortage
emergency exists, the city manager may implement Plan A-l, Plan
A-2 or Plan A-3, in whole or in part, as authorized by the city
council. The city manager shall notify the general public that
a water shortage emergency has been declared. Such notification
shall describe the plan or plans implemented by the city
manager, describe the voluntary restrictions and mandatory
prohibitions, and describe the penalties for non-compliance.
Sec. 24-47. Water outaqe emerqenc¥,_
When the city council finds, based upon the recommendation
of the city manager and in consultation with the director of
transit and utilities, that a water outage emergency exists,
the council may, by ordinance, declare that the mandatory
prohibitions contained in Plan A-l, A-2, and A-3 shall be in
effect. The city manager shall notify the general public that
a water outage emergency has been declared. Such notification
shall describe the mandatory prohibitions contained in Plans
A-l, A-2 and A-3 and the penalties for non-compliance.
Sec. 24-48. Waiver of restrictions,_
Upon prior written request by an individual, business or
other water customer or user, the city manager, for good cause
shown, including evidence that the applicant is affected in a
substantial manner not common to other businesses or persons
generally, may permit less than full compliance with any of the
provisions of this article. No waiver shall be granted by the
city manager unless the manager determines that the public
health, safety and welfare will not be adversely affected by the
waiver. All waivers granted by the city manager shall be
reported to the city council at its next regular or special
meeting.
Sec. 24-49. Application of restrictions and prohibitions;
termination.
Nothing in this article shall require the city council or
city manager to invoke the voluntary restrictions or mandatory
prohibitions of the water shortage alert, water shortage
restriction, water shortage emergency, or water outage emergency
in any specific order. Any alert, restriction, emergency, or
outage declared by the city council or the city manager pursuant
to this article shall be effective at the time stated and shall
continue in effect until terminated by the city council or city
manager, respectively.
Sec. 24-50.,. ~
Whenever the city manager denies a request for a waiver of
restrictions, the aggrieved applicant shall have the right to
appeal the decision of the city manager, by written notice of
appeal filed with the city clerk within three (3) days after the
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city manager's decision, to the city council. Thereafter, the
city council may appoint a temporary panel of three (3) of its
members, or other designated parties, to hear the appeal. The
city council or temporary panel shall grant the applicant a
reasonable opportunity to present arguments against the decision
of the city manager. The city council or panel may reverse,
modify or affirm the decision.
Sec. 24-51. Penalties; injunction~
(a) Any person who violates or fails to comply with any
of the mandatory provisions of this article may be charged with
a Class 3 misdemeanor and, upon conviction, shall be fined as
provided in Section 1-6 of this Code. Each day during which any
violation continues shall constitute a separate offense.
(b) The imposition of a fine or penalty for a violation
of any of the mandatory provisions of this article shall not
excuse the violation or permit it to continue.
(c) Any violation of this article may be restrained,
corrected or abated by injunction or other appropriate proceed-
ing.
This ordinance shall become effective as provided by law.
INTRODUCED:
PUBLIC HEARING:
ADOPTED:
May 25, 1993
June 8, 1993
June 8, 1993
Date~~ q, lqq
ATTEST:
y~Clerk