HomeMy WebLinkAbout3011 Water Curtailment AMND 14.06.010-14.06.060
ORDINANCE NO. 3 D \ \
AN ORDINANCE RELATING TO WATER CURTAILMENT, DEFINITIONS, EXHIBITS,
DETERMINATION OF WATER SHORTAGE, WATER CURTAILMENT STAGES,
EXEMPTIONS AND APPEALS, AND AMENDING SECTIONS 14.06.010 THROUGH
14.06.060
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold . . and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefiahters. Local 1660. Beaverton Shop. 20 Or.
App. 293, 531 P 2d 730, 734 (1975);
WHEREAS, the City desires to amend the water curtailment ordinance.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Sections 14.06.010 [Definitions] through 14.06.060 [Exemptions and
Appeals] are hereby amended to read as follows:
14.06.010 Definitions.
The following words and phrases whenever used in this chapter shall be construed as
defined in this section unless from the context a different meaning is intended.
A. "Billing period" means that period used by the City for the reading of water
meters consisting of approximately 30 calendar days.
B. "City water" means water sold or delivered by the City of Ashland and includes
Talent Irrigation District water delivered through the City's water system.
C. "cr' means cubic feet.
D. "Customer" means that person or persons designated in City records to receive
bills for water service.
E. "Multi-family dwelling" means a building containing two or more residential units.
F. "Outside plants" means grass, lawns, ground-cover, shrubbery, gardens, crops,
vegetation and trees not located within a fully enclosed building.
G. "Permanent resident" means a person who resides at the dwelling at least five
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days a week, nine months a year.
H. "Temporary or Drop-In Guest" means a person who resides at the dwelling less
than 3 consecutive months per year.
I. 'Water Allocation Table" means that table of meter types and sizes and
maximum volumes of water set forth in AMC 14.06.015. Exhibit "N' attaGhed to
this OrdinanGe.(See seGtion 14.06.010 Exhibits for water table)
J. 'Waste" means:
1. To use City water to irrigate outside plants:
a. Between the hours of 10:00 a.m. and 8:00 p.m. May through July or
between 10:00 a.m. and 7:00 p.m. August through October, except that
drip irrigation systems may be used during these times.
b. in such a manner as to result in runoff on a street, sidewalk, alley or
adjacent property for more than five minutes.
2. To use City water to wash sidewalks, walkways, streets, driveways, parking
lots, open ground or other hard surfaced areas except where necessary for
public health or safety.
3. To allow City water to escape from breaks within a plumbing system for more
than 24 hours after the person who owns or is in control of the system is
notified or discovers the break.
4. To use City water to wash cars, boats, trailers, aircraft, or other vehicles by
hose without using a shutoff nozzle except to wash such vehicles at
commercial or fleet vehicle washing facilities using water recycling equipment.
5. To serve City water for drinking at a restaurant, hotel, cafe, cafeteria or other
public place where food is sold, served or offered for sale, to any person
unless expressly requested by such person.
6. To use City water to clean, fill or maintain decorative fountains, lakes or
ponds unless all such water is re-circulated.
7. Except for purposes of building construction, to use City water for
construction, compaction, dust control, cleaning or wetting or for building
washdown (except in preparation for painting).
8. To use City water for filling swimming pools or for filling toy, play or other
pools with.a capacity in excess of 100 gallons, provided, however, that water
may be added to swimming pools to replace volume loss due to evaporation.
K. "HOA" means Home Owners Association
14.06.015 H.06.010A Water Allocation Table Exhibits.
The 'J'later AlloGation Table set forth below is substituted for the '.!'!ater A.lloGation
Table adopted as Exhibit A and defined in seGtion 14.06.010.1.
WATER ALLOCATION TABLE (IN CUBIC FEET)
CATEGORY METER METER STAGE 1 STAGE 2 STAGE 3 STAGE 4
TYPE SIZE
Res Irrio A 0.75 1800 600 100 0
Res Irria 8 1.00 1800 600 100 0
Res Irria C 1.50 1800 600 100 0
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Res Irria 9 2.00 1800 600 100 0
Com Irria A 0.75 3200 1100 100 0
Com Irria B 1.00 6100 2100 200 0
Com Irria C 1.50 10400 3700 400 0
Com Irria 9 2.00 15200 5300 500 0
Com Irria E 3.00 30400 10600 1100 0
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Gov IrrTC A 0.75 3200 1100 100 0
Gov Irria B 1.00 6100 2100 200 0
Gov Irria C 1.50 10400 3700 400 0
Gov Irria 9 2.00 15200 5300 500 0
Gov Irria E 3.00 30400 10600 1100 0
Gov 'rria F- 4.00 48100 16800 1700 0
TID IrrTC F- 4.00 48100 16800 1700 0
Comm=1 A 0.75 6400 4800 3200 1600
CATEGORY METER METER STAGE 1 STAGE 2 STAGE 3 STAGE 4
TYPE SIZE'
Comm=1 B 1.00 12200 9200 6100 3100
Comm=1 C 1.50 20900 15600 10400 5200
Comm=1 9 2.00 30400 22800 15200 7600
Comm=1 E 3.00 60800 45600 30400 15200
Comm-I F- 4.00 96200 72200 48100 24100
Comm=1 G 6.00 186400 139800 93200 46600
Comm=1 H 8.00 304400 228300 152200 76100
Condo/Multi AU All 2700 2000 1300 700
Familv
Resid=1 A 0.75 3600 2500 1800 900
Resid=1 B 1.00 3600 2500 1800 900
Resid=1 C 1.50 3600 2500 1800 900
14.06.020 Determination of water shortage.
A. The City Administrator is authorized to prohibit waste as defined in section
14.060.010 or implement water curtailment stages upon determination that a water
shortage emergency conditions exists. Such determination shall be based on an
analysis of the demand for water in the City, the volume of water in Reeder
Reservoir, the standard drawdown curve for Reeder Reservoir, the projected
curtailment date for Talent Irrigation District water and flows in the east and west
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forks of Ashland Creek. The determination of the City Administrator under this
section shall be effective until the next council meeting following such determination
at which time the council shall either ratify or invalidate the determination.
B. The City Administrator is authorized to terminate waste prohibitions or water
curtailment stages upon determination that a water shortage emergency condition no
longer exists. Such determination shall be based upon factors listed in section
14.06.020 and the billinQ cycle. The termination shall be effective until the next
council meeting following the determination of the City Administrator at which time the
council shall either ratify or invalidate the determination.
14.06.030 Water curtailment stages.
Depending on the severity of the potential water shortage, the City Administrator may
implement the following water curtailment stages. During any stage, no person shall
waste City water.
Stage1. The following restrictions are effective during water curtailment Stage 1:
1. No customer. shall receive through the water meter assigned to such customer
more than the maximum volume of water for such meter indicated for Stage 1 in
the Water Allocation Table.
2. Government agencies and HOA's, including but not limited to parks, schools,
colleges and municipalities may have separate account allotments combined into
one "agency" allotment and are exempt from Stage 1 restrictions if their water
consumption is otherwise reduced by 20% from the volume of water delivered in
the same billing period for the first previous non-water curtailment year.
Stage2.The following restrictions are effective during water curtailment Stage 2:
1. .No customer shall receive through the water meter assigned to such customer
more than the maximum volume of water for such meter indicated for Stage 2 in
the Water Allocation Table.
2. Government agencies and HOA's, including but not limited to parks, schools,
colleges and municipalities may have separate account allotments combined into
one "agency" allotment and are exempt from Stage 2 restrictions if their water
consumption is otherwise reduced by 30% from the volume of water determined
under Stage 1.
Stage3.The following restrictions are effective during water curtailment Stage 3:
1. No customer shall receive through the water meter assigned to such customer
more than the maximum volume of water for such meter indicated for Stage 3 in
the Water Allocation Table.
2. Government agencies and HOA's, including but not limited to parks, schools,
colleges and municipalities may have separate account allotments combined into
one "agency" allotment and are exempt from 3 restrictions if their water
consumption is otherwise reduced by 40% from the volume of water determined
under Stage 2.
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Stage4.The following restrictions are effective during water curtailment Stage 4:
1. No customer shall receive through the water meter assigned to such customer
more than the maximum volume of water for such meter indicated for Stage 4 in
the Water Allocation Table.
2. Government agencies and HOA's, including but not limited to parks, schools,
colleges and municipalities may have separate account allotments combined into
one "agency" allotment and are exempt from Stage 4 restrictions if their water
consumption is otherWise reduced by 50% from the volume of water detenmined
under Stage 3. .
3. No City water shall be used to irrigate outside plants, except for trees, shrubs
and food plants. If the customer has an irrigation meter, the irrigation meter shall
not be used. The watering of trees, shrubs and food plants shall be through the
non-irrigation meter and the total allocation shall not exceed the amount allowed
for the non-irrigation meter.
14.06.060 Exemptions and Appeals.
A. Any person who wishes to be exempted from a restriction imposed by any water
curtailment stage shall request an exemption in writing on forms provided by the City
and file the request for exemption in writing with the Utility Billing Office.
B. Requests will be reviewed after a water audit is conducted by the City and a
detenmination made by the utility billing aSS9unt representative Conservation
Analvst as to the validity of the request for an exemption. No exemptions will be
considered until the City has conducted a water audit.
C. Exemptions may be granted for the following:
1. Any person with substantial medical requirements as prescribed in writing by a
physician. Examples would be hydrotherapy pools or life support systems.
2. Residential connections with more than four permanent residents in a single
family residence or three penmanent residents per unit in a multi-family dwelling
can receive up to 350 cf per month per additional permanent resident. A census
may be conducted to detenmine the actual number of penmanent residents per
living unit. Temporary or drop-in guests will not be considered for additional
allocations.
3. For commercial or industrial accounts where water supply reductions will result in
unemployment or decrease production, after confirmation by the City that the
account has instituted all applicable water efficiency improvements.
4. For any other reason upon showing of good cause and where necessary for
public health or safety.
5. For commercial accounts where water meter is undersized (as determined under
the Uniform Plumbing Code) for the current occupancy, the allocation for such
accounts may be increased up to the allocation for the water meter size
designated for such occupancy in the Uniform Plumbing Code.
D. Exemptions will not be allowed for steam cleaning or similar uses of water. The
amount allocated for any given customer will include such uses and no additional
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allocation will be allowed.
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E. The utility billing aGGount representative Conservation Analvst shall report to
the Director of Public Works the findings and conclusions resulting from the review.
The Director shall approve or deny the request for exemptions and may impose
conditions. Such conditions may include the amount volume restrictions may be
exceeded and that all applicable plumbing fixtures or irrigation systems be replaced
or modified for maximum water conservation. If the Director and the applicant are
unable to reach accord on the exemption, or if the applicant is dissatisfied with the
decision, the applicant may appeal to the City Administrator in writing who will make
the final detenmination.
F. Except for an exemption granted under section 14.06.060.C.1, C.2 and C.5, the
water consumption surcharge specified in section 14.06.080 shall apply to all
exemptions.
SECTION 2. Section 14.06.090 [Penalties and enforcement] is hereby amended to read
as follows:
'.J
14.06.090 Penalties and enforcement.
The penalties for violations of this chapter shall be cumulative in that they may be in
addition to, not in lieu of, other penalties, remedies or surcharges established by this
chapter.
A. A person shall not violate or procure, aid or abet in the violation of any provision
of this chapter. A violation of any provision of this chapter is a Class B violation
an infFaGtion and shall be punished as set forth in section 1.08.020 of the
Municipal Code.
B. If a customer exceeds the maximum volume for more than one billing period, the
City may install a flow restricting device at the service meter which reduces water
flow and pressure. For services up to one and one-half inch size the City may
install a flow restricting device of two gallon-per-minute capacity, and for larger
services, comparatively sized restricting devices for larger services, for a period
of seven days.. Before normal service will be restored, a flow restrictor
installation and removal charge of $100 shall be paid by the person who
subscribes for the water service.
C. Service may be terminated to any customer who knowingly and willfully violates
any provision of this chapter.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
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SECTION 4. SavinCls. Notwithstanding this amendmenUrepeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were commenced, shall
remain valid and in full force and effect for purposes of all cases filed or commenced
during the times said ordinance(s) or portions thereof were operative. This section
simply clarifies the existing situation that nothing in this Ordinance affects the validity of
prosecutions commenced and continued under the laws in effect at the time the matters
were originally filed.
SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word "ordinance" may be changed to "code", "article", "section", "chapter"
or another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
provided however that any Whereas clauses and boilerplate provisions (Le. Sections 3-
4) need not be codified and the City Recorder is authorized to correct any cross-
references and any typographical errors.
The forego;"9 0",;"""00 wo, '''' ",,' by title 0". ;" a~ with Art;"e X,
Section 2(C) of the City Charter on the ~ day of , 2010,
and d PASSED and ADOPTED this 4- day of . ,2010.
Ift~
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this 5 day of ~, 2010.
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