§ 28-03-033. Water conservation.  


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  • The flow of treated water from property into streets, alleys, gutters, and other public rights-of-way, ditches, or into a storm water drainage system or facility is contrary to the public health, safety and welfare of the citizens of the city and is therefore declared to be a nuisance. "Treated water" shall have the same meaning as set forth in section 28-01-010 of the City Code. The city attorney is authorized to take legal action to abate such a nuisance, including but not limited to injunctive relief. This authorization to seek injunctive relief or other legal action to abate such a nuisance shall not preclude prosecution for a violation of this chapter.

    The following water conservation measures shall be in effect at the times specified. No person, firm or corporation shall use any water in violation of any provision of this section.

    (a)

    The following water conservation measures shall be in effect for all users on the city water works system during the period of 12:00 midnight, May 1 through 12:00 midnight November 1.

    (1)

    Outdoor use of water through a sprinkler system or use of water through a hose to water any grass, trees, plants or other vegetation shall be determined as follows.

    a.

    Users with odd numbered addresses shall be permitted to use water in the above manner on each Wednesday, Friday and Sunday.

    b.

    Users with even numbered addresses shall be permitted to use water in the above manner on each Tuesday, Thursday and Saturday.

    c.

    Watering in the above manner shall be prohibited on each Monday.

    d.

    In case of corner buildings having both odd and even numbers, the number carried on the books of the city's utilities department shall control.

    (2)

    The conservation measures detailed in paragraph (1) above shall be in effect during the period of 12:00 midnight, May 1 through 12:00 midnight, November 1 and shall apply to all residences and to all businesses and institutions having grass, trees, plants or other vegetation and shall be followed at all parks and public buildings which are watered with treated water. Areas watered using reclaimed water or private wells are exempted from these restrictions. These conservation measures shall not apply to any person, firm or corporation engaged in the business of growing or selling plants of any kind.

    (3)

    Beginning with the implementation of conservation measures on 12:00 midnight, May 1 through 12:00 midnight, November 1, outdoor watering of grass, trees, plants or other vegetation shall be prohibited between the hours of 9 a.m. and 6 p.m.

    (4)

    Treated water may only be used for cleaning buildings, decks, sidewalks, driveways or other impervious surface areas during the days and times that outdoor watering of grass, trees, plants and other vegetation is allowed. However, treated water may be used to clean sidewalks, driveways or other paved areas should it be necessary to clean nonrecurring spills that could pose a hazard to the health and safety of the citizens of the city. A special permit may be issued by the city manager for washing down of impervious surfaces outside of normal watering hours.

    (5)

    The provisions of this section taking place between 12:00 midnight, May 1 through 12:00 midnight, November 1 may be implemented at other times of the year by the city manager upon determination that conditions surrounding the city's water supply warrant the imposition of such conservation measures. Should the city manager implement conservation measures at a time other than between 12:00 midnight, May 1 through 12:00 midnight, November 1 when conservation measures are not in effect, the commission will consider such implementation at its next regular meeting and either ratify the city manager's actions or remove the conservation measures.

    (b)

    New homes shall have a grassed area not greater than fifteen (15) percent of the lot size. The square footage of any swimming pool installed on the lot is included in the fifteen percent to determine the maximum grassed area.

    (c)

    No new decorative outdoor fountains that use treated water will be permitted to be constructed or utilized.

    (d)

    Effective immediately hotels or motels or other establishments providing accommodations to overnight guests shall not change linens and towels daily for guests staying for more than one night unless specifically requested to do so by the guest.

    (e)

    Restaurants shall provide drinking water to customers only upon request.

    (f)

    All swimming pools, which are constructed after the effective date of Ordinance No. 948 must be equipped with filtration, pumping and recirculation systems.

    (g)

    Impervious pool covers are required on all pools and must be in place when the swimming pool is not in use. No water shall be drained from pools into the streets or alleys of the city.

    (h)

    Turf grass is prohibited in all parkways, narrow strips of land and sloped areas within the new residential or commercial sites for which a building permit is issued, unless irrigated with subsurface irrigation or non-treated water. For purposes of this section, "sloped areas" means an area with a slope ration of one (1) to three (3) or greater from the horizontal. "Subsurface irrigation" means a low pressure irrigation system installed below the surface of the ground or mulch, consisting of a water distribution system equipped with pre-installed water emitters that are rated by gallons per hour, and that is suitable for turf grass irrigation.

(Ord. No. 948, § 1, 6-13-95; Ord. No. 1008, 4-8-97; Ord. No. 1056, 3-23-99; Ord. No. 1087, 6-13-00; Ord. No. 1169, § 1, 2-11-03; Ord. No. 1397, 4-26-11)