19860715 1986-33ORDINANCE NO. 1986-33
AN ORDINANCE AMENDING CHAPTER 24 OF THE FAIRFAX CITY
CODE TO AUTHORIZE THE CITY MANAGER TO DETERMINE WHEN A
WATER SUPPLY EMERGENCY EXISTS AND BAN NON-ESSENTIAL USE
OF WATER DURING SUCH AN EMERGENCY.
WHEREAS the City's water plant and water system experi-
nce heavy demand during hot weather and prolonged dry periods;
WHEREAS the water plant and water system may not be able to
up with demand during such periods; and
WHEREAS, because of mechanical breakdown, water main
§e or other disruption, the City's ability to supply water
be impaired; and
WHEREAS the City may not be able to draw emergency water
the Fairfax County Water Authority due to shortages in the
ity's system; and
WHEREAS it is essential for the health and welfare of City
residents and water customers that there be adequate pressure and
for sanitary and fire purposes;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
ty of Fairfax, Virginia, that Chapter 24 of the Fairfax City
be amended by the addition of Article III, Water Shortage
ency Regulations, which Article shall read in its entirety
follows:
ARTICLE III. WATER SHORTAGE EMERGENCY REGULATIONS.
Sec. 24-9. Authority to Declare a Water
Emergen~y~ Proscribed Non-Essential Uses.
Supply
When, based upon information received from the
Department of Transit and Utilities, the City Manager
has determined that an emergency due to shortage of
water exists, he is hereby authorized to institute a
ban on the non-essential use of water, which shall
include the following uses:
(a) The watering or irrigation of lawns,
plants, shrubbery, or any other outdoor vegetation,
except from a watering can or other container not
exceeding three gallons of capacity.
(b) The washing of automobiles, trucks,
trailers, or any other type of mobile equipment, except
in facilities operating with a water recirculating
system which recycles at least fifty percent (50%) of
the water.
1986-33
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(c) The washing of streets, driveways,
parking lots, service station aprons, office buildings,
exteriors of homes or apartments, or any other outdoor
surface, except from a bucket or other container not
exceeding three gallons of capacity.
(d) The operation of any ornamental fountain
or other structure making a similar use of water.
(e) The filling of swimming and/or wading
pools, or the refilling of swimming and/or wading
pools which were drained after the effective date of
the ban.
The City Manager shall give notice to the general
public of the declaration of a water shortage emergency
and institution of a ban on non-essential uses through
the issuance of press releases to the media, posting in
City Hall and other City-owned property and by such
other means as he deems appropriate.
Upon the institution of such a ban by the City
Manager in the City of Fairfax, other jurisdictions
served by the City's water system will immediately be
requested by the Office of the City Manager to
institute similar restrictions on non-essential water
uses in their respective jurisdictions.
Sec. 24-10. Penalties. Any person violating any
provision of this ordinance or any order ~of the City
Manager implementing this ordinance shall, upon
conviction, be deemed guilty of a Class 4 Misdemeanor
and shall be punished by a fine of not more than
one hundred dollars. In addition, the City Manager
may order the suspension of water service to any
violator.
Sec. 24-11. Exceptions. The provisions of this ordin-
ance shall not apply to any governmental activity,
institution, business or industry which has been
declared by the City Manager to be specifically
exempted as necessary for the public health, safety and
welfare.
Sec. 24-12. Appeals. Whenever the City Manager has
issued an order directing the curtailment of any use of
water as provided herein or shall direct the suspension
of water service as a result of a violation of the
provisions of this ordinance, the subject of the order
of suspension shall have the right to appeal the
decision of the City Manager to City Council, which may
appoint a temporary panel of three of its members, or
other designated parties, to act in its place on this
matter. The City Council or temporary panel shall
grant the appellant a reasonable opportunity to present
arguments against the decision of the City Manager and
may reverse, modify or affirm his decision.
Sec. 24-13. Termination of Emergency. When, based
upon the receipt of information from the Department of
Transit and Utilities, the City Manager determines that
sufficient water supplies exist to warrant termination
of an emergency ban on water use, in whole or in part,
the City Manager shall notify the City Council and the
general public."
1986-33
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This ordinance shall become effective immediately upon its
adoption and shall remain in force until repealed.
INTRODUCED: July 8, 1986
PUBLIC HEARING: July 15, 1986
ADOPTED: July 15, 1986
ATTEST
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