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HomeMy WebLinkAboutOrdinance 95.13 Establishing the emergency water conservation response plan and amending the water utility code ...,.--." ORDINANCE NO. 95.13 AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, ESTABLISHING THE TOWN OF MARANA EMERGENCY WATER CONSERVATION RESPONSE PLAN AND AMENDING THE MARANA WATER UTILITY CODE BY ADDING A NEW TITLE 8, EMERGENCY CONSERVATION RESPONSE. BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona. SECTION 1. Title 8 of The Marana Water Utility Code is amended as follows: (Additions are indicated by underline, deletions are indicated by strikeeat) TITLE 8 '.VATER CONSERV.\TION (Reserved) EMERGENCY WATER CONSERVATION RESPONSE 08.01. PURPOSE. ,.,.~ This Title establishes a Town of Marana Emergency Water Conservation Response Plan. 08.02. DECLARATION OF POLICY. It is hereby declared that. because of varying conditions related to water resource supply and distribution system capabilities within the Town of Marana. it is necessary to establish and enforce methods and procedures to ensure that. in time of emergency shortage of the local water supply. the water resources available to the residents of the Town of Marana are put to the maximum beneficial use. that the unreasonable use. or unreasonable method of use is prevented. and that conservation of water is accomplished in the interests of the customers of the Town of Marana water utility. customers of other water utilities located within the Town of Marana. and for the public health. safety. and welfare of the residents of the Town of Marana. 08.03. DEFINITIONS "Economic hardship". A threat to an individual's or business' primary source of Income. "Notification to Public". Notification through local media. including interviews. and issuance of news releases. ~ "Outdoor watering day". A specific day. as described in a specific outdoor watering plan. during which irrigation with sprinkler systems or otherwise may take place. Marana. Arizona Ordinance 95.13 Page 1 of5 08.04. APPLICATION 08.04.01. Application & Exclusions This Title applies to all municipal and industrial water utility customers who own. occupy. or control water used on any premises as defined in this Title. This Title shall not apply to any agricultural use of water furnished by an irrigation district. 08.04.02. Compliance No person shall make. cause. use. or permit the use of water received from the Town of Marana water utility or any other municipally owned or privately owned water utility providing water service within the Town of Marana for residential. commercial. industrial. governmental or any other purpose in any manner contrary to any provision in this Title. 08.04.03 Water Emergency Declaration Mandatory emergency conservation measures shall be implemented based upon the declaration of an emergency pursuant to Section 08.05. 08.05. DECLARATION OF WATER EMERGENCY AUTHORIZED. The Mayor and Councilor. in the absence of a quorum. the Mayor or the Vice-Mayor. upon the recommendation of the Town Manager is hereby authorized to declare a water emergency and to implement mandatory conservation measures as set forth in this Title. 08.06. IMPLEMENTATION. TERMINATION. 08.06.01. Water Emergency Guidelines The Town Manager shall develop guidelines which set forth general criteria to assist the Mayor and Council. or in the absence of a quorum. the Mayor or the Vice-Mayor in determining when to declare a water emergency. Upon declaration of a water emergency. the Town Manager shall report in writing to the Mayor and Council providing the reasons for and expected duration of such emergency and describing implementation of emergency water conservation measures. Declaration of Water Emergency 08.06.02. ,,~ A water emergency may be declared for a SJ)ecific water utility system. such as. but not limited to. the Town of Marana water utility system. the City of Tucson water utility system located within the Town. or any other public or private water utility system located within the Town. which is unable to provide adequate quantities. qualities or pressure of water delivery in compliance with Arizona Department of Environmental Ouality standards or regulations. or fire flow requirements. and which constitutes a danger to the public health. safety and welfare of the residents of that water utility system. Marana, Arizona Ordinance 95.13 Page 2 of5 08.06.03. Water Emergency Specific To Water System The declaration of a water emergency shall be specific to the water utility system which is unable to provide adequate quantities. qualities or pressure of water delivery in compliance with Arizona Department of Environmental Ouality standards or regulations. or fire flow requirements. and to the water customers of that water utility system. 08.06.04. Request for Declaration of Water Emergency The owner or operator of a water utility system located within the Town boundaries may request. in writing. that the Town of Marana declare a water emergency pursuant to this Title for its water utility system. setting forth the reasons and justification therefore. 08.06.05. Cessation of Water Emergency Upon the cessation of the condition or conditions giving rise to the water emergency. or upon majority vote of the Mayor and Council. or in the absence of a quorum. the Mayor or the Vice- Mayor shall declare the water emergency terminated. Upon such termination. the mandatory conservation measures shall no longer be in effect. 08.07 MANDATORY EMERGENCY WATER CONSERVATION MEASURES. Upon declaration of a water emergency and notification to the public. the following mandatory restrictions upon non-essential users shall be enforced as to the customers of the water utility system for which the water emergency was declared: tU All outdoor irrigation. except for those areas irrigated with reclaimed water or water provided by an irrigation district for agricultural use, is prohibited. If the Town Manager deems it appropriate. a schedule designating certain outdoor watering days may be implemented in place of the irrigation ban. au Washing of sidewalks. driveways. parking areas. tennis courts. patios. or other paved areas with water from any pressurized source. including garden hoses. except to alleviate immediate health or safety hazards. is prohibited. ~ The outdoor use of any water-based play apparatus connected to a pressurized source is prohibited. @ Operation of water cooled space and equipment cooling systems below an operating efficiency level of two cycles of concentration is prohibited. W Restaurants and other food service establishments are prohibited from serving water to their customers unless water is specifically requested by the customer. - ill The operation of outdoor misting systems used to cool public areas is prohibited. W The filling of swimming pools. fountains. spas. or other related exterior water Marana, Arizona Ordinance 95.13 Page 3 of5 features is prohibited. .au The washing of automobiles. trucks trailers and other types of mobile equipment is prohibited. ex~t at facilities equipped with wash water recirculation systems. and for vehicles requiring frequent washing to protect public health. safety and welfare. 08.08. VARIANCE The Town Manager. or the Town Manager's designate. is authorized to review hardship cases and special cases within which strict application of this Title would result in serious hardship to a customer. A variance may be granted only for the reasons involving health~ safety. or economic hardship. Application for a variance from requirements of this Title must be made on a form provided by the Town Manager. 08.09. VIOLATION 08.09.01 Notice of Violation <.~. In the event of any violation of this Title the water utility for whichhhe emergency was declared shall be responsible for having a written notice placed on the property where the violation occurred and a duplicate mailed to the person who is regularly billed for the service where the violation occurred and to any person known to the Town or the water utility. who is responsible for the violation. and order that it be corrected. ceased. or abated immediately or within such specified time as the Town or water utility determines is reasonable under the circumstances and shall contain a description of the fees and penalties associated with said violation. 08.09.02 Discontinuation of Water Service If said order is not complied with. within Twenty-four (24) hours. the Town or the water utility may forthwith disconnect the service where the violation occurred. A two hundred fifty dollar ($250.00) fee shall be imposed for the reconnection of any service disconnected pursuant to non-compliance. which shall be in addition to other fees or charges imposed by this Title for disconnection of service. 08.09.03 Penalty. Fines In addition to being grounds for disconnection of service. violation of any provision of this Title shall be a civil infraction. An individual or coflX>ration convicted of violating provisions of this Title shall be assessed a civil penalty of not less than two hundred fifty dollars ($250.00). 08.09.04 Arizona Corporation Commission Rules ..~ Nothing herein shall conflict with the rules and regulation and approved tariffs of the Arizona Corporation Commission as they may apply to public service corporations furnishing water service within the Town of Marana. Marana, Arizona Ordinance 95.13 Page 4 of5 08.10. ENFORCEMENT The Town Manager is authorized to designate Town employees or employees of water utility systems not owned by the Town to enforce the provisions of this Title. The City of Tucson and employees of the City of Tucson's water utility are expressly authorized to enforce the provisions of this Title solely as to customers of the City of Tucson's water utility system located within the Town of Marana. SECTION 2. The various Town offices and employees are authorized and directed to perform all acts necessary or desirable to give effect to this Ordinance. SECTION 3. If any provision of this Ordinance or the application thereof to any person or circumstance is invalid, the invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or circumstance, and to this end the provisions of this Ordinance are severable. SECTION 4. WHEREAS, it is necessary for the preservation of the peace, health, and safety of the Town of Marana that this Ordinance become immediately effective, an emergency is hereby declared to exist and this Ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona, this 6th day of June, 1995. ~tM rI~G Mayor Eddie Honea ATTEST: .;:"" San ra Gros .~ / / ' . Tow!l Cler)<:.....//" / '~'-,_..~~-r- / l / APPROVl\~ TO FORM: ~IJ~ " ame . oc u 1 Town Attorney --. Ordinance 95.12 Page 5 of5