The URL can be used to link to this page

Home My WebLink About2736 Water Curtailment MeasuresORDINANCE NO.. AN ORDINANCE AMENDING CHAPTER 14.06 OF THE ASHLAND MUNICIPAL CODE REGARDING WATER CURTAH~MENT MEASURES THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 14.06 of the Ashland Municipal Code is replaced in its entirety and shall read as follows: Chapter 14.06 WATER CURTAILMENT Sections: 14.06.010 14.06.020 14.06.030 14.06.040 14.06.050 14.06.060 14.06.080 14.06.090 Definitions. Determination of water shortage. Water curtailment stages. Moratorium on landscaping. Moratorium on occupancy in new construction. Exceptions and appeals. Excess water consumption surcharge. Penalties and enforcement. 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. No penalties or enforcement procedures shall be imposed if the customer can show compliance within a 30 day period. 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. "Cf" 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 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 Exhibit "A" attached to this Ordinance. 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, boas, trailers, aimraft, 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 recirculated. 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 tilling swimming pools or for f'filing 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 lost due to evaporation. 14.06.020 Determination of water shortage. A. The City Administrator is authorized to institute emergency water curtailment measures upon determination that a water shortage emergency condition 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 forks of Ashland Creek. B. 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. C. The City Administrator is authorized to terminate water curtailment measures upon determination that a water shortage emergency condition no longer exists. Such determination shall be based upon the factors listed in section 14.06.020. The termination shall become effective at 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. A. Stage 1. 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, 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. B. Stage 2. 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, 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. C. Stage 3. 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, 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. 3 D. Stage 4. 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, 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 determined 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 determination made by the utility billing account representative as to the validity of the request for an exemptioai!i 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 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 permanent 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 determine the actual number of permanent 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. During Stage 1 or 2, for any use or connection, if rains occurring after the declaration of a stage cause Reeder Reservoir to temporarily reach its capacity or overflow so that surplus water is available. safety. 5. For any other reason upon showing of good cause and where necessary for public health or 4 6. For commercial accounts where the 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. 7. For commercial or residential accounts for which exemptions have been previously granted, the previously approved exemption will apply unless the customer can demonstrate a change in the use which would justify an increased exemption. 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 allocation will be allowed. E. The utility billing account representative 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 restfictions 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 determination. F. Except for an exemption granted under section 14.06.060.C.2 and C.6, the water consumption surcharge specified in section 14.06.080 shall apply to all exemptions. 14.06.080 Excess water consumption surcharge. Any customer who exceeds the maximum volumes established in the Water Allocation Table for Stages 1, 2 or 3 shall pay a surcharge of four times the rate for water delivered in excess of the established maximum volume. During Stage 4, any customer who exceeds the maximum volumes established in the Water Allocation Table shall pay a surcharge of ten times the rate for water delivered in excess of the established maximum volume. 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 an infraction 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. 5 SECTION 2. Classification of the fee. The fees specified in Section 1 of this ordinance are classified as not subject to the limits of Section 1 lb of Article XI of the Oregon Constitution (Ballot Measure 5). The foregoing ordinance was first READ on the PASSED and ADOPTED this ;~ / ~*"/ , day of Nan E. Franklin, City Recorder SIGNED and APPROVED this~.-_.~7 ~/~t~ay of 1994. 1994, and duly //~ i.;~//~'...~c_"~/';~ .C_g~rine M. Golden, Mayor Reviewed as to form: Paul Nolte, City Attorney 6 EXHIBIT "A" WATER ALLOCATION TABLE (IN CUBIC FEET) CATEGORY METER METER STAGE 1 STAGE 2 TYPE SIZE Res Irrig A 0.75 1800 600 Res Irrig B 1.00 1800 600 Res Irrig C 1.50 1800 600 Res Irrig D 2.00 1800 600 STAGE 3 STAGE 4 100 0 100 0 100 0 100 0 Com Irrig A 0.75 3200 1100 100 0 Com Irrig B 1.00 6100 2100 200 0 Com Irrig C 1.50 10400 3700 400 0 Com Irrig D 2.00 15200 5300 500 0 Com Irrig E 3.00 30400 10600 1100 0 Gov Irrig A 0.75 3200 1100 100 0 Gov Irrig B 1.00 6100 2100 200 0 Gov Irrig C 1.50 10400 3700 400 0 Gov Irrig D 2.00 15200 5300 500 0 Gov Irrig E 3.00 30400 10600 1100 0 Gov Irrig F 4.00 48100 16800 1700 0 TID Irrig F 4.00 48100 16800 1700 0 Comm'l Comm'l Comm'l Comm'l Comm'l A B 0.75 6400 4800 3200 1600 1.00 12200 9200 6100 3100 1.50 20900 15600 10400 5200 2.00 30400 22800 15200 7600 3.00 60800 45600 30400 15200 7 Comm'l Comm'l Comm'l F G H 4.00 6.00 8.00 96200 186400 304400 72200 139800 228300 48100 93200 152200 24100 46600 76100 Condo All All 2700 2000 1300 700 Resid'l Resid'l Resid'l A B C 0.75 1.00 1.50 3600 3600 36O0 2700 2700 2700 1800 1800 1800 900 900 900