HomeMy WebLinkAboutResolution 2011-088 declaring revisions to town code title 14 a public record MARANA RESOLUTION NO. 2011-88
RELATING TO UTILITIES; DECLARING THE COMPREHENSIVE REVISIONS TO TOWN
CODE TITLE 14 AS A PUBLIC RECORD FILED WITH THE TOWN CLERK
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the comprehensive revision to Marana Town Code Title 14
(Utilities), a copy of which is attached to and incorporated in this resolution as Exhibit A and
three copies of which are on file in the office of the Town Clerk, are hereby declared to be a
public record and ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 6 day of September, 2011. ,
f
ay r Ed H nea
ATTEST: , ONf►���� ,,,
AN
e yn C. r nson, Town Clerk ' SEA'
APPROVED AS TO FORM:
Fr Ca ` i y, Town rney
{00027674.DOC /}
Exhibit A to Resolution No. 2011 -88
Comprehensive Town Code Title 14 Revision
TITLE 14. UTILITIES
CHAPTER 14 -1. GENERAL PROVISIONS ............................................... ...............................
CHAPTER 14 -2. RESPONSIBILITIES ................................................................ ..............................2
CHAPTER 14 -3. UTILITY SERVICE .................................................................. ............................... 3
CHAPTER 14-4. CONSTRUCTION AND FINANCING OF UTILITY FACILITIES ............................ 5
CHAPTER 14 -5. PROVISION OF UTILITY SERVICE ....................................... ............................... 6
CHAPTER 14 -6. RATES AND CHARGES ......................................................... .............................10
CHAPTER 14 -7. EMERGENCY WATER CONSERVATION RESPONSE ........ .............................13
CHAPTER 14 -8. BACKFLOW PREVENTION AND CROSS- CONNECTION CONTROL ..............16
CHAPTER 14 -9. VIOLATIONS ......................................................................... ............................... 23
{00023695.DOC14}
Exhibit A to Resolution No. 2011 -88
Comprehensive Town Code Title 14 Revision d' f
TITLE 14. UTILITIES
Title 14 was originally adopted by Ordinance
CHAPTER 14 -1. GENERAL PROVISIONS No. 96.06, and was comprehensively rewritten
by Ordinance No. 2011.XX
14-1 -1 Intent and purpose
A. The intent and purpose of this title is to promote the health, safety,
order and general welfare of the present and future utility custom-
ers of the town, and specifically to:
1. Provide safe and reliable service to utility customers of the
town;
2. Provide for the financial integrity of the town utilities;
3. Manage the water resources of the town to protect the utility
customers of the town and to facilitate the economic develop-
ment of the town;
4. Develop water resources for the benefit of current and future
residents and utility customers of the town;
5. Provide for the expansion and improvement of the town's water
and wastewater utilities; and
6. Provide adequate water and wastewater system capacity in a
fiscally responsible manner.
14 -1 -2 Definitions
A. In this title, unless the context otherwise requires:
1. "Applicant" means a person requesting the town to provide util-
ity service.
2. "Application" means a request to the town for utility service.
3. "Commodity charge" means the unit cost of billed usage as set
forth in the adopted utility rates and charges.
4. "Contributions in aid of construction" means funds provided to
the town by the applicant under the terms of a utilities exten-
sion agreement or service connection agreement.
5. "Customer" means the person or entity in whose name service
is rendered, as evidenced by the name on the application, the
contract for service, or utility bills, regardless of the identity of
the actual user of the utility service. Customer includes the cus-
tomer's agent or contractor.
6. "Meter" means the instrument for measuring and indicating or
recording the volume of water that has passed through it.
7. "Non- potable water" means water not suitable for human con -
sumption.
8. "Point of delivery" means the point where facilities owned,
leased or under license by a customer connect to the town wa-
ter utility's pipes at the outlet side of the meter.
9. "Potable water" means water suitable for human consumption.
10. "Premises" means all of the real property and apparatus em-
ployed by a single enterprise on an integral parcel of land undi-
MARANA TOWN CODE 1 91612011
{00023695.DOC14)
Exhibit A to Resolution No. 2011 -88 IMEM MEMM Comprehensive Town Code Title 14 Revision
vided by public streets, alleys or other rights -of -way or ease-
ments.
11. "Service line" means a water line that transports water from a
common source (normally a distribution main) of supply to the
customer's point of delivery.
12. "Wastewater facilities" means infrastructure used for the collec-
tion or treatment of wastewater.
13. "Water facilities" means infrastructure used for the extraction,
storage, or delivery of potable water or non - potable water but
not for the delivery of wastewater or stormwater.
CHAPTER 14 -2. RESPONSIBILITIES
14 -2 -1 Responsibilities of the council
A. Adoption of comprehensive master plans The council may adopt
comprehensive utility system master plans. Upon adoption of the
plans, the council shall assure that no extension, improvement or
addition to a town utility shall be constructed or authorized unless
and until the extension, improvement or addition conforms to the
corresponding comprehensive utility system master plan.
B. Utility construction standards The council may adopt and amend
engineering design and construction standards for improvements
to, extensions of, additions to, and modifications of the town's utili-
ties.
C. Utilities to be operated as enterprise funds A separate fund is es-
tablished for the town's water utility and for the town's wastewater
utility. All funds paid to the town pursuant to provisions of this title
for, but not limited to, service charges, fees, construction of facili-
ties, fines and penalties shall be deposited into the corresponding
utility fund, and all expenditures made by the town in relation to
the town's ownership, operation, maintenance, repair, expansion,
acquisition, management, salaries, professional fees, debt ser-
vice, bond payments and other costs and charges shall be paid
from the corresponding utility fund. The town council may make
loans from the general fund to the town utility funds from time to
time to supplement revenues generated by the town utilities to as-
sure the timely payment of all obligations, provided that the loans
are timely repaid from the corresponding utility fund to the general
fund. The town utilities shall be self - supporting and funded solely
from revenues generated from utility operations. All fees and
charges levied by the town in relation to its utilities shall be, to the
degree practical, based on the cost of providing the service for
which a fee or charge is levied.
14 -2 -2 Utilities director
The town utilities director shall be responsible for the day to day man -
agement of the town utilities including, but not limited to:
A. Provision of safe and reliable service to town utility customers.
B. Compliance with federal, state, and local ordinances and regula-
tions.
MARANA TOWN CODE 2 91612011
(00023695.DOC14)
Exhibit A to Resolution No. 2011 -88 p
Comprehensive Town Code Title 14 Revision
C. Preparation of utility system master plans.
D. Sufficiency of the town's water supply.
E. Adequacy of the town's wastewater utility capacity.
F. Inspection and repair of the utility systems.
G. Review of all engineering plans and contracts.
H. Collection of all funds due the town's utilities.
1. Development of utilities elements of the town's capital improve-
ment plan
J. Preparation and administration of annual budgets.
K. Enforcement of this title.
CHAPTER 14 -3. UTILITY SERVICE
14 -3 -1 Application for service
Water and /or wastewater utility service may only be provided pursuant
to application to the town. Before providing service, the town shall col-
lect all installation and other charges required by this title and all cus-
tomer information deemed appropriate by the utilities department.
14 -3 -2 Deposits
A. Requirement of deposit: amount The town may require a deposit
from an applicant for service not to exceed twice the average
monthly bill for the account or in the case of a new account, twice
the estimated monthly bill, or in the case of an account which has
shown delinquency for three consecutive months as a condition of
providing service. A separate deposit may be required for each
service connection.
B. Deposit: refund Deposits shall be refunded when the customer
moves or requests a discontinuance of service, as long as all bills
are paid in full. No interest shall be paid to customers on deposits.
Deposit refunds shall be made to the individual whose name is on
the account at the time of the refund.
C. Use of deposit for payment of bill Upon discontinuation of service,
the deposit will be applied by the town toward settlement of the
account.
D. Homeowner customers The deposit may be waived for the pri-
mary residence of a new homeowner customer with favorable
credit references from three utility companies who serve or previ-
ously served the customer. Upon customer request, the deposit
will be credited to the account after one year of no delinquency.
14 -3 -3 Grounds for refusal of service
A. The town may refuse to establish utility service if any of the follow-
ing conditions exist:
1. The applicant has an outstanding amount due for utility service
with the town, and the applicant does not bring current any out-
standing bills.
MARANA TOWN CODE 3 91612011
PW23695.DOC14}
Exhibit A to Resolution No. 2011 -88 IMMMMMMM
Comprehensive Town Code Title 14 Revision
2. A condition exists which in the town's judgment is unsafe or
hazardous to the applicant, a resident of the town or the town's
personnel or facilities.
3. Refusal by the applicant to provide the town with a utility de-
posit.
4. Failure of customer to furnish such funds, service, equipment
or rights -of -way necessary to serve the customer and which
has been specified by the town as a condition for providing util-
ity service.
5. Applicant provides false information for the purpose of obtain-
ing service.
14 -3 -4 Service lines, valves and water meters
A. An applicant for utility service shall be responsible for the cost of
installing all customer piping up to the water meter and /or dis-
charge point for the sewer connection.
B. Where water service is being provided for the first time or to a new
customer, the customer shall provide and maintain a private cutoff
valve within eighteen inches of the meter on the customer's side
of the meter.
C. The town will install its water meter at the property line or in the
public right -of -way.
D. Where the meter or service line location is changed at the request
of the customer or due to alterations on the customer's premises,
the customer shall provide and have installed at his expense all
piping necessary for relocating the meter, and the town may
charge for moving the meter or service line.
E. The customer's lines or piping must be installed in a way that pre-
vents cross - connection or backflow.
14 -3 -5 Easements and rights of -way
A. Each town utility customer shall grant adequate easements or
rights -of -way satisfactory to the town to ensure that customer ser-
vice connections are accessible by the town.
B. The customer's failure to grant adequate easements or rights -of-
way shall be grounds for the town to refuse utility service.
C. When the town discovers that a customer is performing work or
has constructed facilities adjacent to or within an easement or
right -of -way and the work, construction or facility poses a hazard
or is in violation of federal, state or town laws, ordinances, stat-
utes, rules or regulations, or may significantly interfere with the
town's access to its utility facilities or equipment, the town shall
notify the customer and shall take whatever actions are necessary
to eliminate the hazard, obstruction or violation at the customer's
expense.
MARANA TOWN CODE 4 9/6/2011
(00023695.DOC14)
Exhibit A to Resolution No. 2011 -88
Comprehensive Town Code Title 14 Revision IMMMMMM
CHAPTER 14-4. CONSTRUCTION AND FINANCING OF UTILITY
FACILITIES
14 -4 -1 Agreements to construct new facilities
A. Approval of agreements to construct new facilities The council
may permit the construction of facilities to provide utility service in
areas where no water or sewer service is available, or where ex-
isting water or sewer facilities are inadequate.
1. Agreements for construction of utility facilities shall provide that
all costs be at the sole expense of the applicant for service, ex-
cept as otherwise noted in the agreement.
2. Costs shall include, but not be limited to, engineering and de-
sign fees, materials, labor, applicable taxes, permits and in-
spection fees.
3. Facilities shall include, but are not limited to, the following
within an applicant's proposed development as well as outside
the development if the facilities are deemed necessary or de-
sirable in the sole opinion of the town to serve the new devel-
opment:
a. Wells, pumps, storage tanks and reservoirs, mains, valves,
meters and other appurtenances to the water system
b. Customer connections, collection system, lift stations,
treatment facilities, and other appurtenances to the sewer
system.
4. All agreements for the construction of utility facilities shall be
subject to the final approval of the council.
5. No agreement for the construction of utility facilities shall be
submitted for approval by the council unless the engineering
plans have been approved by the town engineer and the utili-
ties director.
14 -4 -2 Construction other than by town
A. Construction The council, at its sole discretion and option, may
permit construction of water and /or sewer facilities by private con-
tract. The facilities shall be constructed at the sole expense and
cost of the applicant within public streets, alleys, rights -of -way
and /or easements.
B. Approval of construction plans and inspections Plans for con-
struction of facilities to be constructed other than by the town shall
be provided by applicant, certified by a registered professional en-
gineer and approved by the town engineer and the town utilities
director. The construction of facilities authorized and approved by
the council shall be inspected by the town engineer and shall
comply in every respect with the engineering, construction, mate-
rial and installation standards of the town.
C. Construction agreement With each application for a permit for the
construction of facilities authorized by this section, the applicant
shall execute and deliver to the town utilities director the agree -
ment for construction of utility facilities by private contract. If the
MARANA TOWN CODE 5 91612011
(00023695.DOC14)
Exhibit A to Resolution No. 2011 -88
Comprehensive Town Code Title 14 Revision
agreement conforms to the provisions of this title, the town utilities
director may submit the agreement for approval to the council.
14 -4 -3 Capacity requirements
A. Water or wastewater system capacity requirements The town
utilities director may require an applicant to install "on- site" or
"off- site" water and /or wastewater facilities of a size greater than is
required to provide service to applicant's development. This re-
quirement to install oversized facilities is referred to as oversizing.
B. Refunds Refunds of the cost of oversizing shall be solely by
agreement approved by the council. If infrastructure is installed
pursuant to this section so as to provide service to a property not
participating in the construction cost (a "non- participating prop-
erty "), the town may enter into an agreement for partial refund of
the cost of the infrastructure, subject to the following:
1. In no case will the agreed refunded amount exceed the total
funds to be collected as oversizing charges pursuant to this
section.
2. Refunds shall continue for a term set forth in the agreement,
and any balances remaining unpaid upon termination shall be
canceled, and the town shall be fully discharged from any fur-
ther obligation under the agreement.
3. No interest shall accrue on any costs advanced by an applicant
which are agreed to be refunded by the town.
C. Oversizing recovery charge The council may, at its sole option,
establish an ` oversizing recovery charge" to be charged propor-
tionately to each subsequent connection by non - participating
property owners made to or benefiting from the oversizing.
CHAPTER 14 -5. PROVISION OF UTILITY SERVICE
14-5 -1 Customer responsibility
A. Each town utility customer shall be responsible for the following:
1 Maintaining all facilities on the customer's side of the point of
connection in a safe and efficient manner and in accordance
with all applicable federal, state, and local rules and regula-
tions. The point of connection is the meter for water service and
is where the house sewer connects to the sewer collection sys-
tem for sewer service.
2. Safeguarding all town utility property installed in or on the cus -
tomer's premises for the purpose of providing utility service to
that customer.
3. Exercising all reasonable care to prevent loss or damage to
town utility property, excluding ordinary wear and tear. The cus -
tomer shall be responsible for loss of or damage to town utility
property on the customer's premises arising from neglect, care-
lessness or misuse and shall reimburse the town for the cost of
necessary repairs or replacements.
MARANA TOWN CODE 6 91612011
{00023695.DOC14}
Exhibit A to Resolution No. 2011 -88
Comprehensive Town Code Title 14 Revision
4. Payment of any equipment damage resulting from unauthor-
ized breaking of seals, tampering or bypassing the town water
meter.
5. Notifying the town of any town utility equipment failure.
6. Paying all utility rates, charges and fees when due.
B. Special provisions relating to water service.
1. Water furnished by the town shall be used only on the cus-
tomer's premises and shall not be resold to any other person.
2. During critical water conditions, as determined by the council,
the customer shall use water only for those purposes specified
by the council,
3. Disregard for this provision shall be sufficient cause for refusal
or discontinuance of water utility service by the town.
C. Special provisions relating to sewer service.
1. Sewer service provided by the town shall be only for the benefit
of the customer's premises and shall not be extended to any
other property.
2. Nothing shall be discharged into the sewer collection system
which is prohibited by law, may lead to a sanitary sewerage
overflow, or adversely affects the operation or maintenance of
the collection system. This prohibition includes but is not limited
to oil, grease, and flammable material.
3. Disregard for this provision shall be sufficient cause for refusal
or discontinuance of sewer service by the town.
D. Each customer shall provide the town and its employees and
agents the right of safe ingress and egress to the customer's
premises for any purpose reasonably related to the town's provi-
sion of utility service to the premises.
14-5 -2 Payment of bills
Utility rates, charges or fees are due and payable to the town upon bill-
ing. Any rates, charges or fees not paid in full by the next billing date
are subject to a late charge, in addition to the balance due, in an
amount established by a fee schedule adopted by the council and
amended from time to time.
14 -5 -3 Grounds for termination of service
A. Utility service to a customer may be terminated by the town upon
ten days advance written notice for any of the following reasons:
1. Customer violation of any of the provisions of this title;
2. Failure of the customer to meet or maintain the utility depart-
ment's credit and deposit requirements;
3. Failure of the customer to provide the town reasonable access
to its utility equipment and property;
4. Failure of a customer to pay a delinquent bill for utility service.
MARANA TOWN CODE 7 9/6/2011
{00023695.DOC14}
Exhibit A to Resolution No. 2011 -88
Comprehensive Town Code Title 14 Revision
14 -5 -4 Nonpayment of delinquent bill; filing of lien; interest
A. If any bill for a utility rate, charge or fee made to the customer pur-
suant to this title is not paid by the next billing date, the customer
shall be given written notice specifying that the bill is delinquent
and outlining the procedure by which the customer may challenge
the accuracy of the bill. If a delinquent bill is not paid and no chal-
lenge has been made to the accuracy of the bill after the notice of
delinquency, the water supply will, without further notice, be
turned off, and not turned on until all sums due are paid in full, to-
gether with a charge for reconnection after delinquency as pro-
vided in chapter 14 -6.
B. Pursuant to A.R.S. § 9- 511.02, the town may file a lien on the
property for unpaid fees that are at least 90 days delinquent. The
town may enforce the lien by any method permitted by law. Un-
paid fees shall accrue interest at the rate provided by A.R.S.
§ 44 -1201.
14-5 -5 Reconnection of service
In no case shall any individual or plumber turn on the water supply to
any building or any supply pipe where the supply has been turned off
for the nonpayment of the monthly water bill or for the violation of any
provision of this title. All water that has been turned off by the town wa-
ter utility shall only be turned on again by the employees or agents of
the town water utility.
14-5 -6 Challenge of accuracy of utility bill
A. The procedure by which a customer may challenge the accuracy
of a utility bill and the determination of the validity of the challenge
shall be as follows:
1. The customer shall notify the town, in writing, of the challenge
of the accuracy of the bill and the reasons for it. If the customer
has received a notice of delinquency, the challenge shall be
filed within ten days of the date of the notice of delinquency.
2. The customer may request that the water meter be re -read or
tested, provided the customer pays the meter re -read charge or
the meter test charge in advance in the amount established by
a fee established by the schedule adopted by the council and
amended from time to time. A request for meter re -read or me-
ter test, paid for by the customer, shall constitute a challenge to
the accuracy of the bill.
3. The town shall send the customer a corrected bill and refund
the cost of the meter re -read or meter test if the bill is found to
be in error either because the meter was misread or because a
meter test shows that the meter over - calculated the volume by
more than 3 %. Customer shall have 20 days to pay the cor-
rected bill
4. The utilities director is authorized to negotiate a mediation
process mutually acceptable to the utilities director and the cus-
tomer. The customer shall deposit the full estimated cost of the
mediation process with the utilities department. The mediation
MARANA TOWN CODE 8 91612011
(00023695.DOC14)
Exhibit A to Resolution No. 2011 -88
Comprehensive Town Code Title 14 Revision i
shall make a final determination of the validity of the customer's
challenge and whether the town should be required to pay all or
a portion of the cost of the mediation process.
5. The customer's utility service shall not be terminated during the
s
mediation process.
14 -5 -7 Deposit requirement after termination
If utility service is terminated due to nonpayment of a delinquent bill,
the town shall require payment in full of all amounts due and owing
and payment of a utility deposit as a condition of reestablishing ser-
vice.
14 -5 -8 Termination without notice
A. Utility service may be terminated by the town without advance
written notice under the following conditions:
1. Existence of an obvious hazard to the safety or health of the
customer or the general population;
2. Evidence of water meter tampering or fraud;
3. Evidence of unauthorized resale of water or utility services;
4. A customer's failure to comply with the curtailment procedures
imposed by the council during water supply shortages.
14-5 -9 Service obligations of town
A. Level of service The town shall make reasonable efforts to pro -
vide quality, continuous service to its customers.
B. Non - liability The town shall not be responsible for any damage at-
tributable to any interruption or discontinuation of service resulting
from any of the following:
1. Any cause against which the town could not have reasonably
foreseen or made provision for, such as but not limited to any
condition or event not reasonably within the control of the town,
including without limitation, acts of public enemies, insurrection,
civil disturbances, riots, epidemics, landslides, lightning, earth -
quakes, subsidence, fires, storms, droughts, and floods.
2. Intentional service interruptions to make repairs or perform rou-
tine maintenance.
3. Curtailment procedures imposed by the council during water
supply shortages.
C. Service interruptions The town shall make reasonable efforts to
reestablish service within the shortest possible time when service
interruptions occur.
1. If there is a national emergency or local disaster resulting in
disruption of normal service, the town may, in the public inter-
est, interrupt service to provide necessary service to civil de-
fense, fire protection or other emergency service agencies on a
temporary basis until normal service can be restored.
MARANA TOWN CODE 9 9/02011
{00023695.DOC14}
Exhibit A to Resolution No. 2011 -88
Comprehensive Town Code Title 14 Revision
2. When the town plans to interrupt service for more than four
hours to perform necessary repairs or maintenance, the town
shall attempt to inform affected customers at least 24 hours in
advance of the scheduled day and the estimated duration of
the service interruption.
3. Notice to customers shall not be required if there is an emer-
gency or an outage due to unanticipated events or causes.
D. Minimum water delivery pressure The town shall maintain a
minimum standard water delivery pressure of 20 pounds per
square inch at the customer's meter or point of delivery, except
during water outages.
E. Construction standards The town shall construct all facilities in
accordance with all applicable federal, state and local laws and
regulations.
14 -5 -10 Meter reading; measurement of service
A. Each customer's water meter shall be read monthly on as close to
the same day as practical.
B. All utility service provided by the utilities department shall be
billed:
1. On the basis of metered water volume, or
2. Based on historic usage when a meter has malfunctioned or
cannot be read for reasons beyond the town's control. Each bill
based on estimated usage will indicate that it is an estimated
bill.
14 -5 -11 Billing and collection
A. Minimum bill information Each bill for utility service will contain the
following minimum information:
1. Bill date.
2. Date and meter reading at the start of the billing period.
3. Previous month's meter reading.
4. Water volume used during the billing period.
5. Utility department's email address and telephone number.
6. Customer's name and address.
7. Service account number and service address.
8. Amount due and due date.
9. Past due amount.
10. Other applicable charges and taxes.
CHAPTER 14-6. RATES AND CHARGES
14 -6 -1 Monthly charges
A. Customers shall be charged for utility services monthly, at rates
designed to recover the cost to secure, develop and deliver utility
MARANA TOWN CODE 10 91612011
(00023695.DOC14)
Exhibit A to Resolution No. 2011 -88
Comprehensive Town Code Title 14 Revision
services, and all capital, operational and maintenance costs asso-
ciated with or attributable to providing utility services, plus appli-
cable state and local taxes.
B. Service fees shall be established by a fee schedule adopted by
the council and amended from time to time.
14 -6.2 Installation charges
A. There shall be an installation charge for all utility service connec-
tions, established by a fee schedule adopted by the council and
amended from time to time.
B. All applicable permit fees, right -of -way costs or unusual construc-
tion costs shall be paid for by the applicant at the time of applica-
tion.
C. Installation charges assume availability of an existing water main
contiguous to the applicant's property. If a main extension is re-
quired, applicant shall pay all costs for the main extension, which
costs shall be non - refundable.
D. In addition to the adopted installation fee, the applicant shall pay
all actual costs of installation incurred due to unusual site condi-
tions, such as pavement cutting, excessive length, rocky ground,
or any other additional cost inflating factors.
E. Installation of meters larger than two inches typically require addi-
tional labor and equipment not covered by the base fee. These ex-
tra actual costs shall be charged to the customer.
F. Meters larger than two inches may be installed by the customer's
contractor if the work meets town standards and the contractor
furnishes proof of its contractor's license and town business li-
cense. All final inspections and approvals shall be made by Ma-
rana utility personnel.
14 -6 -3 Other service charges
The following service charges are established, the amounts of which
are set forth in a fee schedule adopted by the council and amended
from time to time.
A. After -hours new service establishment fee An after - hours new
service establishment fee shall be charged for the cost of estab-
lishing the new customer service account after hours, on week-
ends or on holidays. The amount of the fee shall be the actual la-
bor and material costs incurred by the utilities department to con -
nect the new service.
B. After - hours reconnect fee An after -hours reconnect fee shall be
charged for the cost of reconnecting service after hours, on week-
ends or on holidays.
C. Backflow permit fee A backflow permit fee is charged to incorpo-
rate information concerning a new backflow device into the utility
department's database, to track annual device testing.
D. Backflow permit replacement fee A backflow permit replacement
fee is charged when a device fails and must be replaced rather
than repaired.
MAR,4NA TOWN CODE 11 91612011
{00023695.DOC14}
Exhibit A to Resolution No. 2011 -88
Comprehensive Town Code Title 14 Revision
E. Customer - requested meter re -read fee A customer requested
meter re -read fee shall be charged each time a customer requests
that its meter be re -read. This fee shall be refunded if the meter is
found not to be reading accurately, defined as an error of greater
than 3 %.
F. Customer- requested meter test fee A customer - requested meter
test fee shall be charged each time a customer requests that its
meter be tested. This fee shall be refunded to the customer if the
meter is found not to be reading accurately, defined as an error of
greater than 3 %.
G. Delinquency If there is a delinquent balance due, the delinquent
balance must be paid in full before service is reconnected.
H. Hydrant meter relocation fee The hydrant meter relocation fee is
charged each time a hydrant meter is relocated.
1. Hydrant meter setup fee The hydrant meter setup fee is the fee
assessed on all hydrant meter installations. This fee is in addition
to the security deposit.
J. Late payment fee A late payment fee shall be added to a cus -
tomer's water bill if any water rates, charges or fees are not paid
in full by the next billing date.
K. New service establishment fee The new service establishment
fee is for the cost of establishing the new customer service ac-
count during normal working hours, and requires 24 hours notice.
No service connections will be made after hours, weekends or
holidays except in an emergency situation as determined by the
utilities department.
L. Reconnect fee The reconnect fee shall be for the cost of reestab-
lishing service after it has been terminated for any reason and re-
quires 24 hours notice.
M. Returned check fee A returned check fee shall be added to a cus-
tomer's bill if the check for payment is returned unpaid due to in-
sufficient funds, closed account or stop payment. An additional fee
calculated at 25% of the total outstanding balance shall be added
to any bill sent to outside collections for payment.
N. Standpipe card replacement fee The standpipe card replacement
fee is the fee to replace a standpipe card.
O. Standpipe setup fee The standpipe setup fee is a new service fee
for a standpipe account.
P. Vacation service fee A vacation service fee shall be the fee
charged for one disconnect when the customer leaves on vacation
and one reconnect when the customer returns.
Q. Water modeling fee A water modeling fee is charged to cover the
town's cost to update the water distribution and operation model to
account for a development's potable water and fire flow demands.
MAR4NA TOWN CODE 12 91612011
(00023695.DOC14)
Comprehensive Exhibit A to s Town Code Title 14 Revision
CHAPTER 14-7. EMERGENCY WATER CONSERVATION
RESPONSE
14 -7 -1 Declaration of policy
It is hereby declared that because of varying conditions related to wa-
ter resource supply and distribution system capabilities operated by
the town, it is necessary to establish and enforce methods and proce-
dures to ensure that in time of emergency shortage of the local water
supply, (1) the water resources available to the customers of the water
system are put to the maximum beneficial use, (2) the unreasonable
use, or unreasonable method of use is prevented, and (3) the conser-
vation of water is accomplished in the interests of the customers of the
town water utility, customers of other water utilities located within the
town and for the public health, safety, and welfare of the residents of
the town.
14 -7 -2 Definitions
A. In this chapter, unless the context otherwise requires:
1. "Economic hardship" means a threat to an individual's or busi-
ness' primary source of income.
2. "Notification to the public" means notification through local me-
dia, including interviews, and issuance of news releases.
3. "Outdoor watering day" means a specific day, as described in a
specific outdoor watering plan, during which irrigation with
sprinkler systems or otherwise may take place.
14 -7 -3 Application
A. This chapter applies to all municipal and industrial water utility
customers who own, occupy, or control water used on any prem-
ises as defined in this chapter. This chapter shall not apply to any
agricultural use of water furnished by an irrigation district.
B. No person shall make, cause, use, or permit the use of water re-
ceived from the town water utility or any other municipally owned
or privately owned water utility providing water service within the
town for residential, commercial, industrial, governmental or any
other purpose in any manner contrary to any provision in this
chapter.
C. Mandatory emergency conservation measures shall be imple-
mented based upon the declaration of an emergency pursuant to
section 14 -7-4.
14 -7-4 Declaration of water emergency authorized
The council, or in the absence of a quorum, the mayor or the vice
mayor, upon the recommendation of the town manager, is hereby au-
thorized to declare a water emergency and to implement mandatory
conservation measures as set forth in this chapter.
14 -7 -5 Implementation; termination
A. The town manager shall develop guidelines which set forth gen-
eral criteria to assist the council, or in the absence of a quorum
MARANA TOWN CODE 13 91612011
{00023695.DOC14}
Exhibit A to Resolution No. 2011 -88
Comprehensive Town Code Title 14 Revision
the mayor or the vice mayor, in determining when to declare a wa-
ter emergency. Upon declaration of a water emergency, the town
manager shall report in writing to the council providing the reasons
for and expected duration of the emergency and describing im-
plementation of emergency water conservation measures.
B. A water emergency may be declared for a specific water utility
system, such as, but not limited to, the town 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 quality standards or regulations, or fire flow re-
quirements, and which constitutes a danger to the public health,
safety and welfare of the residents of that water utility system.
C. The declaration of a water emergency shall be specific to the wa-
ter utility system which is unable to provide adequate quantities,
qualities or pressure of water delivery in compliance with Arizona
department of environmental quality standards or regulations, or
fire flow requirements, and to the water customers of that water
utility system.
D. The owner or operator of a water utility system located within the
town boundaries may request, in writing, that the town declare a
water emergency pursuant to this chapter for its water utility sys-
tem, setting forth the reasons and justification for it.
E. The water emergency shall be declared terminated when the con-
dition or conditions giving rise to the water emergency end. The
declaration terminating the emergency shall be adopted by the
agency with jurisdiction over the emergency, or if none, upon ma-
jority vote of the council, or in the absence of a quorum, the mayor
or the vice mayor. Upon termination, the mandatory, conservation
measures shall no longer be in effect.
14 -7 -6 Mandatory emergency water conservation measures
A. Upon declaration of a water emergency and notification to the The Marana Drought Preparedness Plan
public, the mandatory restrictions upon nonessential users set adopted by Marana Resolution No. 2007 -177
forth in the adopted drought preparedness plan and /or the follow- can be found here rinsert link)
ing restrictions shall be enforced as to the customers of the water
utility system for which the water emergency was declared.
1. All outdoor irrigation is prohibited, except for irrigation water
provided by an irrigation district for agricultural use. If the town
manager deems it appropriate, a schedule designating certain
outdoor watering days may be implemented in place of the irri-
gation ban.
2. Washing of sidewalks, driveways, parking areas, tennis courts,
patios, or other paved areas with water, except to alleviate im-
mediate health or safety hazards, is prohibited.
3. The outdoor use of any water -based play apparatus is prohib-
ited.
4. The operation of outdoor misting systems used to cool public
areas is prohibited.
MARANA TOWN CODE 14 9/6/2011
{00023695.DOC14}
Exhibit A to Resolution No. 2011 -88
Comprehensive Town Code Title 14 Revision
5. The filling of swimming pools, fountains, spas, or other related
exterior water features is prohibited.
6. The washing of automobiles, trucks trailers and other types of
mobile equipment is prohibited, except at facilities equipped
with wash water recirculation systems, and for vehicles requir-
ing frequent washing to protect public health, safety and wel-
fare.
14 -7 -7 Variance
The town manager, or the town manager's designee, is authorized to
review hardship cases and special cases within which strict application
of this chapter would result in serious hardship to a customer. A vari-
ance may be granted only for the reasons involving health, safety, or
economic hardship. Application for a variance from requirements of
this chapter must be made on a form provided by the town manager.
14 -7 -8 Violation
A. If there is any violation of this chapter, the water utility for which
the emergency was declared shall:
1. Place a written notice of violation on the property where the vio-
lation occurred; and
2. Mail a duplicate notice to:
a. The person who is regularly billed for the service where the
violation occurred; and
b. Any person responsible for the violation, if known to the
town or the water utility.
B. The notice of violation shall:
1. Order that the violation be corrected, ceased, or abated within
a specified time the town or water utility determines is reason-
able under the circumstances, and
2. Contain a description of the fees and penalties associated with
the violation.
C. The town or the water utility may disconnect the service where the
violation occurred for failure to comply with the order set forth in
the notice of violation.
D. Nothing in this section 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 ser-
vice within the town.
14 -7 -9 Enforcement
The provisions of this chapter shall be enforced by employees of the
water utility that serves the property where the violation occurred.
MARANA TOWN CODE 15 9/6/2011
{00023695.DOC14}
Exhibit A to Resolution No. 2011 -88
Comprehensive Town Code Title 14 Revision
CHAPTER 14 -8. BACKFLOW PREVENTION AND CROSS-
CONNECTION CONTROL
14 -8 -1 Purposes
A. To protect the public potable water supply from the possibility of
contamination or pollution.
B. To promote the elimination and control of actual or potential cus-
tomer cross - connections.
C. To provide for a continuing program of cross - connection control.
14 -8 -2 Backflow prevention required
A. An approved backflow prevention method or device shall be util-
ized or installed at every water system service connection and us-
age point when required by applicable state and federal regula-
tions.
B. The town shall determine the backflow prevention method based
on the degree of hazard.
14 -8 -3 Definitions
A. Contamination An impairment of the quality of the water which
creates an actual hazard to the public health through poisoning or
through the spread of disease by sewage, industrial fluids, waste,
etc.
B. Cross - connection Any unprotected actual or potential connection
or structural arrangement between a public or a consumer's pota-
ble water system and any other source or system through which it
is possible to introduce into any part of the potable system any
used water, industrial fluid, gas, or substance other than the in-
tended potable water with which the system is supplied. Bypass
arrangements, jumper connections, removable sections, swivel or
change -over devices and other temporary or permanent devices
through which or because of which backflow can occur are con-
sidered to be cross - connections.
1. Direct cross - connection A cross - connection which is subject to
both backsiphonage and backpressure.
2. Indirect cross - connection A cross - connection which is subject
to backsiphonage only.
C. Degree of hazard Either a pollutional (non- health) or contamina-
tion (health) hazard, derived from the evaluation of conditions
within a system.
D. Hazard An actual or potential threat which could damage public
water utility infrastructure or negatively affect potable water qual-
ity.
1. Plumbing hazard An internal or plumbing type cross-
connection in a consumer's potable water system that may be
either a pollutional or a contamination type hazard. Plumbing
type cross - connections can be located in many types of struc-
tures including homes, apartment houses, hotels and commer-
cial or industrial establishments. Such a connection, if permit -
MARANA TOWN CODE 16 91612011
{00023695.DOC14}
Exhibit A to Resolution No. 2011 -88
Comprehensive Town Code Title 14 Revision
ted to exist, must be properly protected by an appropriate type
of backflow prevention assembly.
2. System hazard An actual or potential threat of severe danger
to the physical properties of the public or the consumer's pota-
ble water system or of a pollution or contamination which would
have a protracted effect on the quality of the potable water in
the system.
E. Pollution An impairment of the quality of the water to a degree
which does not create a hazard to the public health but which
does adversely and unreasonably affect the esthetic qualities of
such waters for domestic use.
14 -8-4 Backflow prevention methods or devices
A. A backflow prevention method or device is any assembly or other
means that prevents backflow. The following are recognized back -
flow prevention methods the town may require under section 14 -8-
2 or 14 -8 -5.
1. Air M : A physical separation between the free flowing dis-
charge end of a potable water supply pipeline and an open or
non - pressure receiving vessel. An approved air gap shall be at
least double the diameter of the supply pipe measured verti-
cally above the overflow rim of the vessel, and in no case less
than one inch.
2. Reduced pressure principle assembly ( "RPA" ) An assembly
containing two independently acting approved check valves to-
gether with a hydraulically operating, mechanically independent
pressure differential relief valve located between the check
valves and at the same time below the first check valve. The
unit shall include properly located resilient seated test cocks
and tightly closing resilient seated shut off valves at each end
of the assembly.
3. Double check valve assembly ( "DCVA" ) An assembly com-
posed of two independently acting, approved check valves, in-
cluding tightly closing resilient seated shutoff valves attached at
each end of the assembly and fitted with properly located resil-
ient seated test cocks. This assembly shall only be used to pro-
tect against a non - health hazard (i.e., pollutant).
4. Double check - detector assembly ( "DCDA ") A specially de-
signed assembly composed of a line -size approved double
check valve assembly with a bypass containing a specific water
meter and an approved double check valve assembly. The me-
ter shall register accurately for only very low rates of flow up to
three gallons per minute and shall show a registration for all
rates of flow. This assembly shall only be used to protect
against a non - health hazard (i.e., pollutant). The DCDA is pri-
marily used on fire sprinkler systems.
5. Pressure vacuum breaker assembly ( "PVB ") An assembly con-
taining an independently operating internally loaded check
valve and an independently operating loaded air inlet valve lo-
cated on the discharge side of the check valve. The assembly
MAR,4NA Town► CODE 17 91612011
(00023695.DOC14)
Exhibit A to Resolution No. 2011 -88
Comprehensive Town Code Title 14 Revision
shall be equipped with properly located resilient seated test
cocks and tightly closing resilient seated shutoff valves at-
tached at each end of the assembly. This assembly is designed
to protect against a non - health hazard (i.e., pollutant) or a
health hazard (i.e., contaminant) under a backsiphonage condi-
tion only.
B. The utilities director may approve a backflow prevention method
not listed above if it has received the approval of the foundation
for cross - connection control and hydraulic research of the Univer-
sity of Southern California.
14-8 -5 Backflow prevention methods required
A. The activities listed below require an RPA at each service connec-
tion to the potable water system:
1. Cooling tower, boiler, condenser, chiller, or other cooling sys-
tem
2. Tank, water vessel, water receptacle, and any other water con-
nection without an approved air gap, including a mobile unit
(except emergency vehicles and private swimming pools)
3. Commercial ice maker
4. Water cooled equipment, booster, pump or autoclave
5. Commercial or industrial water treatment facility or water proc-
essing equipment
6. Commercial or industrial washer for bottles, bedpans, garbage
cans, and the like
7. Commercial or industrial pesticide, herbicide, fertilizer, or
chemical applicator
8. Aspirator
9. Commercial dishwasher, food processing or preparation
equipment, carbonation equipment, or other food service proc-
ess
10. Decorative fountain, baptismal, or similar feature where water
is exposed to the air (except at a private residence)
11. X ray equipment, plating equipment, or photographic process-
ing equipment
12. Auxiliary water supply or connection to a water supply system
other than the town potable water system
13. Recreational vehicle sewer dump station or any other location
where potable water may be exposed to bacteria, viruses, or
gas
14. Any premises where chemicals, oils, solvents, pesticides, disin-
fectants, cleaning agents, acids or other pollutants and /or con-
taminants may come in direct contact with potable water (other
than normal, infrequent residential applications)
MARANA TOWN CODE 18 9161201
(00023695.DOC14)
Exhibit A to Resolution No. 2011 -88
Comprehensive Town Code Title 14 Revision
15. Any material or piping system not approved by the uniform
plumbing code or the environmental protection agency for po-
table water usage
16. Any premises with a cross - connection that requires internal
backflow protection under the uniform plumbing code
17. Any on -site water system served by more than one meter
18. Any structure having any portion of the water distribution sys-
tem located 34 feet or more above, or three or more stories
above, where the potable water supply enters the structure
19. Any fire system failing within American water works association
classes 3 through 6
B. The activities listed below require the following specified method
or methods of backflow prevention at each service connection to
the potable water system.
1. Separately metered or unprotected irrigation systems and con-
struction water services: RPA or PVB.
2. Unless exempted by an applicable fire code, any fire system
failing within American water works association classes 1 and 2
or constructed of a piping material not approved for potable wa-
ter pursuant to the UPC as adopted by the town: DCVA or
DDCVA
3. Where backflow protection is required on premises containing
both industrial and domestic service, backflow protection shall
be provided on the fire service connection for the highest de-
gree of hazard affecting either system.
C. When two or more of the activities listed above are conducted on
the same premises and serviced by the same service connection
or multiple service connections, the most restrictive backflow pre-
vention method required for any of the activities conducted on the
premises shall be required at each service connection. The order
of most restrictive to least restrictive backflow prevention methods
shall be as follows:
1. Air gap
2. RPA
3. DCVA
4. PVB `
14 -8 -6 Backflow assembly installation requirements
A. Each backflow prevention assembly shall have a diameter at least
equal to the diameter of the service connection.
B. Each backflow prevention assembly shall be in an accessible lo-
cation approved by the utilities department.
C. Each RPA, PVB, and DCVA backflow prevention assembly shall
be installed at least 12 inches above ground.
D. When a continuous water supply is required, two parallel backflow
prevention assemblies shall be installed at the service connection
MARANA TOWN CODE 19 91612011
(00023695.DOC14)
Exhibit A to Resolution No. 2011 -88
Comprehensive Town Code Title 14 Revision
to avoid interruption of water supply during backflow prevention
assembly testing.
E. No person shall alter, modify, bypass or remove a backflow pre-
vention assembly or method without the approval of the utilities
department.
14 -8 -7 Installation of backflow prevention assemblies for fire
systems
In addition to the requirements of section 14 -8 -5, the following shall
also apply:
A. Fire protection systems consist of sprinklers, hose connections,
and hydrants. Sprinkler systems may be dry or wet, open or
closed. Systems of fixed -spray nozzles may be used indoors or
outdoors for protection of flammable - liquid and other hazardous
processes. It is standard practice, especially in towns, to equip
automatic sprinkler systems with fire department pumper connec-
tions.
B. A meter (compound, detector check) should not normally be per -
mitted as part of a backflow prevention assembly. An exception
may be made, however, if the meter and backflow prevention as-
sembly are specifically designed for that purpose.
C. For cross - connection control, fire protection systems shall be clas-
sified on the basis of water source and arrangement of supplies as
follows:
1. Class 1 : direct connections from public water mains only; no
pumps, tanks, or reservoirs; no physical connection from other
water supplies; no antifreeze or other additives of any kind; all
sprinkler drains discharging to atmosphere, dry wells, or other
safe outlets.
2. Class 2 : same as class 1, except that booster pumps may be
installed in the connections from the street mains. Booster
pumps do not affect the potability of the system; it is necessary,
however, to avoid drafting so much water that pressure in the
water main is reduced below 20 psi.
3. Class 3 : direct connection from public water supply main plus
one or more of the following: elevated storage tanks; fire
pumps taking suction from above - ground covered reservoirs or
tanks; and pressure tanks (all storage facilities are filled or
connected to public water only, the water in the tanks to be
maintained in a potable condition.) Otherwise, class 3 systems
are the same as class 1 systems. Class 3 systems will gener-
ally require minimum protection (approved double check
valves) to prevent stagnant waters from backflowing into the
public potable water system.
4. Class 4 : directly supplied from public mains similar to classes 1
and 2, and with the auxiliary water supply on or available to the
premises; or an auxiliary supply may be located within 1,700
feet of the pumper connection. Class 4 systems will normally
require backflow protection at the service connection. The type
MARANA TOWN CODE 20 91612091
{00023695.DOC14)
Exhibit A to Resolution No. 2011 -88
Comprehensive Town Code Title 14 Revision rF
(air gap or RPA) will generally depend on the quality of the aux-
iliary supply.
5. Class 5 : directly supplied from public mains, and intercon-
nected with auxiliary supplies, such as pumps taking suction
from reservoirs exposed to contamination, or rivers and ponds;
driven wells, mills or other industrial water systems; or where
antifreeze or other additives are used. Class 4 and 5 systems
normally would need maximum protection (air gap or RPA) to
protect the public potable water system.
6. Class 6 : combined industrial and fire protection systems sup-
plied from the public water mains only, with or without gravity
storage or pump suction tanks. Class 6 system protection
would depend on the requirements of both industry and fire
protection, and could only be determined by a survey of the
premises.
D. When a backflow prevention assembly is required for a water ser-
vice connection supplying water only to a fire system, the assem-
bly shall be installed on the service line in compliance with stan-
dard specifications adopted by the town. (installation of DCVAs or
DDCVAs in a vertical position on the riser may be allowed on fire
systems with the approval of the utilities director.)
14-8 -8 Inspections
A customer's water system shall be available at all times during busi-
ness operations for premises inspection by the utilities department.
The inspection shall be conducted to determine whether any cross -
connection or other hazard potentials exist and to determine compli-
ance with this chapter.
14-8 -9 Backflow permit required
A. Installation Unless included as a component of a building permit
for new construction, a separate backflow permit shall be obtained
from the utilities department for the installation of each backflow
prevention assembly required by this chapter, including a re-
placement assembly.
B. Notification The person performing work authorized by a backflow
permit shall notify the utilities department at least 24 hours before
the work is ready to be inspected.
C. Permit suspension or revocation The utilities department may
suspend or revoke a permit issued in error or in violation of any
applicable ordinance or regulation.
14 -8 -10 Test; maintenance; records
A. The customer shall test and service backflow prevention assem-
blies at least once a year. If the testing reveals that the assembly
is defective, the customer shall repair, replace, or overhaul the as-
sembly to satisfactory operating condition.
B. If the utilities department or a customer learns or discovers be-
tween tests that an assembly is defective, the customer shall re-
MARANA TOWN CODE 21 91612011
(00023695.DOC14)
Exhibit A to Resolution No. 2011 -88 ®®
Comprehensive Town Code Title 14 Revision
pair, replace, or overhaul the assembly to satisfactory operating
condition.
C. The annual testing shall be performed by an individual certified by
an entity approved by the utilities department to test backflow pre -
vention assemblies. The utilities department will maintain and
make available upon request a list of individuals certified to test
backflow prevention assemblies.
D. The customer shall maintain records of all test results and all ser-
vicing, repairs, overhauls or replacements of the backflow preven-
tion assembly. The records shall be maintained on forms ap-
proved by the utilities department. A copy of the records shall be
promptly submitted to the utilities department after completion of
the activity for which the record is made.
E. Fire systems shall not be out of service for more than eight con -
secutive hours due to testing, maintenance, or repairs. The local
fire department shall be notified immediately of any changes in fire
service status.
14 -8 -11 Modification of backflow prevention requirements
The utilities department may modify the requirements of section 14 -8 -5
if both of the following apply:
A. Inspection of the customer's system indicates that a backflow pre -
vention method less restrictive than required in section 14 -8 -5 will
provide adequate protection of the public potable water supply
from the degree of hazard potential by the customer's water sys-
tem.
B. The less restrictive method is supported by industry best man-
agement practices.
14 -8 -12 Discontinuance of water service
A. If a required backflow prevention method is not installed or has
been bypassed or removed, or an unprotected cross - connection
exists in the customer's water system, the water service to that
service connection shall be disconnected. The utilities department
shall take reasonable steps to notify the customer before, and if
unable to do so, after the disconnection. The service shall not be
restored until the condition is corrected.
B. If a required backflow prevention method is not properly tested or
maintained, the utilities department shall issue a notice to the cus-
tomer requiring the condition to be corrected within the time speci-
fied in the notice, which shall be not less than seven days. If not
corrected within the time specified in the notice, water service
shall be disconnected. The service shall not be restored until the
condition is corrected.
C. Water service to a fire sprinkler system shall not be disconnected
unless a cross - connection exists and presents an imminent threat
to the public potable water supply.
MARANA TOWN CODE 22 91612011
{00023695.DOC14}
Exhibit A to Resolution No. 2011 -88
Comprehensive Town Code Title 14 Revision
14 -8 -13 Fees
The fee for any permit required pursuant to the terms of this chapter
shall be established by a fee schedule adopted by the council and
amended from time to time.
14 -8 -14 Violation
It shall be a civil offense, punishable by a $250 fine, for any person to
violate any of the requirements of this chapter. Each day a violation
continues shall be considered a separate offense.
CHAPTER 14 -9. VIOLATIONS
14 -9 -1 Unauthorized installation and repair prohibited
Town utilities shall be connected only by authorized town employees
or agents. It is unlawful for any person to connect to or repair any town
utility service.
14 -9 -2 Turning on water without authority prohibited
It is unlawful for any unauthorized person to connect to the town water
utility a water service that the utilities department has disconnected.
14 -9 -3 Excessive water flow or runoff prohibited
A. Watering or irrigating any lawn, landscape or other vegetated area
in a manner that causes or allows water to flow or runoff onto an
adjoining sidewalk, driveway, street, alley, gutter or ditch is prohib-
ited.
B. Overfilling of a swimming pool or spa so that overflow water is dis-
charged onto an adjoining sidewalk, driveway, street, alley, gutter
or ditch is prohibited.
14 -9 -4 Interference, tampering with utility facilities
No person shall do any of the following without a permit from the utili-
ties department or in violation of permit conditions, except under the ,
fire department's direction during a fire:
A. Open or close any fire hydrant or valve connected to the town's
water system.
B. Lift or remove any valve, shutoff cover, or manhole lid.
C. Tap into the town water distribution system or wastewater collec-
tion system.
D. Otherwise remove water from the town water utility system.
E. Otherwise discharge into the town wastewater collection system.
14 -9 -5 Damaging or defacing facilities
It is unlawful for any person to destroy, deface, impair, damage, or
force open any gate, door, reservoir, building, storage tank, manhole,
treatment facility, pump station, fence, fixture, or other property apper-
taining to town utilities.
MARANA TOWN CODE 23 91612011
(00023695.DOC14)
Exhibit A to Resolution No. 2011 -88
Comprehensive Town Code Title 14 Revision
14 -9 -6 Penalties
A. Any violation of this title shall be a civil offense punishable by a
fine of not more than $250. This shall be in addition to any other
available remedy. Each day a violation continues is a separate of-
fense.
B. Under appropriate circumstances a violation of this title may also
be prosecuted under the public health security and bioterrorism
preparedness and response act of 2002.
MARANA TowN CODE 24 9/ 2011
{00023695.DOC14}