Loading...
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of the City of Fairfax, Virginia, that Article IV, Chapter 24 of the Code of the City of Fairfax, Virginia, is hereby repealed and that a new Article IV, Chapter 24 is enacted to read in its entirety as follows: ARTICLE IV.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. 1993-25 -2- 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; 1993-25 -3- (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: 1993-25 -4- (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 1993-25 -5- 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