Ordinance 2010-09

Water Conservation Ordinance

An ordinance for the Village of Killbuck, Ohio, amending the Killbuck Village Code by the addition of an ordinance providing for a water conservation program; and providing for an effective date.

Download a PDF copy of the ordinance.

WHEREAS, the Village of Killbuck, Ohio is proposing the following water conservation ordinance that applies to all water customers; and,

WHEREAS, the ordinance is a layered contingency plan to provide for a systematic response restricting customer water use to meet the essential needs of the community.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE VILLAGE OF KILLBUCK, OHIO THAT THE VILLAGE CODE BE AMENDED AS FOLLOWS:

Section 1: Definitions
For the purposes of this article the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number included the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
Board of Public Affairs means the board of the utility providing water to the residents residing within the Village limits of Killbuck.
Village is the Village of Killbuck.
Village Council is the Council of the Village of Killbuck.
Mayor is the mayor of the Village of Killbuck.
Person is any person, firm, partnership, association, corporation, company or organization of any kind, or other entity and any officer, employee, group or agent of such persons.
Water User shall mean all persons using water from the Village’s public water source irrespective of that person’s responsibility for billing purposes for use of water.
Water Customer shall mean all persons in whose name the town maintains an account for water use, or who are responsible for payment of water passing through a particular supply line.  All customers are responsible for any use of water that passes through line(s) for which they are responsible.
Water means all water available to the Village for treatment by virtue of the Village’s water rights or withdrawal permits and any treated water introduced by the Village into its potable water distribution system, including water purchased or offered for sale either directly or indirectly by the board through another entity.  Water does not include treated wastewater effluent reclaimed for reuse in irrigation or other approved uses.

Section 2: Effective upon declaration of emergency by the Board of Public Affairs and/or the Superintendent of the Water Department.
Whenever, upon determination by the Board of Public Affairs or the Superintendent for the Water Department of the Village of that a water service emergency exists in the Village of Killbuck, and that such emergency requires that certain uses of water not essential to the health, welfare and safety of the citizens of the Village and any additional user of the Village water source/system be restricted and the Board of Public Affairs issues and publishes/announces a declaration of such findings in a newspaper of general circulation, through postings of such a notice at the designated sites as chosen by Village officials or via radio broadcasts on local radio stations for a period of three (3) consecutive days, the provisions of this article shall become immediately effective and applicable to all persons living within or outside of  the Village and its jurisdiction.

Section 3: Prohibited uses.
The use and withdrawal of water by any person shall be restricted to the following uses upon the declaration of the Board of Public Affairs or Superintendent of the Water Department of a water emergency as set forth in Section 2:

Section 4: Water Emergency Stages
Stage 1: Water Alert
The Water Alert Stage will be implemented when water shortages are predicted as reported by the Board of Public Affairs or the Superintendent of the Water Department. Public notices and press releases will be provided to notify citizens and businesses within and outside the Village of Killbuck of the water shortage situation. The public will be given notice that the ordinance for the Village of Killbuck declaring a water alert that requires the conservation of water has been initiated and that the following mandatory conservation measures, which apply to both residential and commercial properties, be enacted:
1. The watering of established lawns is forbidden in all instances.  Ornamental and decorative flowers/plantings and gardens may be watered provided a shut-off is used (at the exit end of the hose) to regulate the flow of water. Hand watering, using hoses with shut-off valves or nozzles, is not restricted but should be limited to the minimum amount necessary. 
2. New lawns and landscaping are exempt from this restriction for the first thirty (30) days of installation   However, such watering shall be limited to three hours per day for a maximum of thirty (30) days. Watering shall be conducted between the hours of 6 p.m. and 9 p.m. Documentation to verify the date of planting shall be made available to the Board of Public Affairs or the Superintendent for the Water Department upon request.
3. Watering for the purpose of applying insecticides, fungicides, and herbicides where such watering is required by the manufacturer or by federal, state or local law shall not be restricted. However, such watering shall be limited to the minimum necessary. Documentation to verify the date of application shall be made available to the Board of Public Affairs or the Superintendent for the Water Department upon request.
4. The washing of personal, Village, or commercial motor vehicles or equipment shall be permitted by means of a “bucket” and “sponge” and a hose with a shut off nozzle. Commercial car washes may continue normal operation.
5. The use of fire hydrants for any purpose except fire fighting or flushing sewers or water lines for health protection shall be suspended.
6. Hosing down or power washing of porches, sidewalks, driveways and other hard surfaces of residential and commercial properties, except for health and safety reasons shall be suspended. Commercial power washing businesses shall end operation.
7. The use of outside children’s toys that use water such as sprinklers, slip and slides, super soakers, etc. and the filling of children’s wading/soaking/mini-swimming pools shall be suspended.
8. Only the infield portion of the park’s diamond facilities should be watered.  This area shall be watered no more than one (1) time per day.  The use of watering devices shall be limited to five (5) total minutes prior to a game or practice on that day.  The watering of the infield portion of the park is allowed to occur in order to maintain the health, safety and the quality of life for Village residents or visitors.
9. Newly constructed or existing public and private swimming pools, which include outdoor hot tubs, spas and jacuzzis, may be filled upon completion if an outside water source (i.e. pool water company) is used. Draining and subsequent re-filling of swimming pools is allowed only if an outside water source (i.e. pool water company) is used.
10. Commercial nurseries, florists, and retail businesses are exempt from the watering restrictions but shall restrict water use to the minimum.
11. Newly constructed ornamental fountains, ponds, and etc. may be filled upon completion if an outside water source (i.e. water company) is used.  Draining and subsequent re-filling of ornamental fountains, ponds, and etc. is allowed only if an outside water source (i.e. water company) is used.

Stage 2: Water Warning
The water warning stage shall be implemented when the Board of Public Affairs or the Superintendent of the Water Department reports “severe” water shortage conditions and the mandatory conservation measures described in Stage 1 (Water Alert) have not sufficiently reduced system demands. At this stage, the public will be given notice that the ordinance for the Village of Killbuck declaring a water warning that requires additional measures for the conservation of water has been initiated and that the following mandatory conservation measures, which apply to both residential and commercial properties, be enacted:
1. The watering of established lawns is forbidden in all instances.  Ornamental and decorative flowers/plantings and gardens may be watered provided a shut-off is used (at the exit end of the hose) to regulate the flow of water. Hand watering, using hoses with shut-off valves or nozzles, is not restricted but should be limited to the minimum amount necessary. 
2. New lawns and landscaping are exempt from this restriction for the first thirty (30) days of installation. However, such watering shall be limited to three hours per day for a maximum of thirty (30) days. Watering shall be conducted between the hours of 6 p.m. and 9 p.m. Documentation to verify the date of planting shall be made available to the Board of Public Affairs or the Superintendent for the Water Department upon request.
3. Watering for the purpose of applying insecticides, fungicides, and herbicides where such watering is required by the manufacturer or by federal, state or local law shall not be restricted. However, such watering shall be limited to the minimum necessary. Documentation to verify the date of application shall be made available to the Board of Public Affairs or the Superintendent for the Water Department upon request.
4. The washing of private, Village, and commercial motor vehicles or equipment shall be suspended.  Village or commercial equipment may be washed only if it has been used in the fighting of fires or hazardous waste materials. Commercial car washes may continue normal operation.
5. The use of fire hydrants for any purpose except fire fighting or flushing sewers or water lines for health protection shall be suspended.
6. Hosing down or power washing of porches, sidewalks, driveways and other hard surfaces of residential and commercial properties, except for health and safety reasons shall be suspended.  Commercial power washing businesses shall end operation.
7.  The use of outside children’s toys that use water such as sprinklers, slip and slides, super soakers, etc. and the filling of children’s wading/soaking/mini-swimming pools shall be suspended.
8. Only the infield portion of the park’s diamond facilities should be watered on the day of a game only.  The diamond shall not be watered for practices.  This area shall be watered no more than one (1) time per day on which a game is to be played.  The use of watering devices shall be limited to five (5) total minutes prior to an individual game on that day.  The watering of the infield portion of the park is allowed to occur in order to maintain the health, safety and the quality of life for Village residents or visitors.
9. Commercial nurseries, florists, and retail businesses shall restrict water use to the minimum amount necessary to maintain plants.
10. Newly constructed or existing public and private swimming pools, which include outdoor hot tubs, spas and jacuzzis, may be filled upon completion if an outside water source (i.e. pool water company) is used. Draining and subsequent re-filling of swimming pools is allowed only if an outside water source (i.e. pool water company) is used.
11. Newly constructed ornamental fountains, ponds, and etc. may be filled upon completion if an outside water source (i.e. water company) is used.  Draining and subsequent re-filling of ornamental fountains, ponds, and etc. is allowed only if an outside water source (i.e. water company) is used.
12.  Commercial restaurants, eateries, etc. shall serve water to their customers by request only.
13.  The operation of any ornamental fountains, ponds, or other structures making similar use of water is prohibited.
14. Any watering being completed using water taken from private lakes, streams, wells or ponds must post visible signs stating such actions. Documentation to verify the use of outside water sources shall be made available to the Board of Public Affairs or the Superintendent for the Water Department upon request. 

Stage 3: Water Emergency
The water emergency stage will be implemented when “extreme” conditions exist. The Board of Public Affairs or the Superintendent of the Water Department shall have the authority to declare a water emergency when public health, safety and sanitary standards are at risk or and the mandatory conservation measures described in Stages 1 (Water Alert) and 2 (Water Warning) have not sufficiently reduced system demands. At this stage, the public will be given notice that the ordinance for the Village of Killbuck declaring a water emergency that requires additional measures for the conservation of water has been initiated and that all non-essential outdoor water usage has been banned.
The use and withdrawal of water by any person for the following purposes shall be prohibited unless expressly permitted by the Ordinance.
1.  The watering of established lawns, decorative flowers/plantings and gardens is forbidden in all instances.
2.    The watering of New lawns and landscaping is forbidden in all instances.
3.  Watering for the purpose of applying insecticides, fungicides, and herbicides where such watering is required by the manufacturer or by federal, state or local law is forbidden in all instances.
4.  The washing of private, Village, and commercial motor vehicles or equipment shall be suspended.  Village and commercial equipment may be washed only if it has been used in the fighting of fires or hazardous waste materials.
5.  Commercial car washes and laundromats shall end operation.
6.  The use of fire hydrants for any purpose except fire fighting or flushing sewers or water lines for health protection shall be suspended.
7. Hosing down or power washing of porches, sidewalks, driveways and other hard surfaces of residential and commercial properties, except for health and safety reasons shall be suspended.  Commercial power washing businesses shall end operation.
8. The use of outside children’s toys that use water such as sprinklers, slip and slides, super soakers, etc. and the filling of children’s wading/soaking/mini-swimming pools shall be suspended.
9. Park officials shall stop all watering of park property including the infield area of the diamond facilities.
10. Commercial nurseries, florists, and retail businesses shall restrict water use to the minimum amount necessary to maintain plants.
11. Newly constructed or existing public and private swimming pools, which include outdoor hot tubs, spas and jacuzzis, may be filled upon completion if an outside water source (i.e. pool water company) is used. Draining and subsequent re-filling of swimming pools is allowed only if an outside water source (i.e. pool water company) is used.
12. Newly constructed ornamental fountains, ponds, and etc. may be filled upon completion if an outside water source (i.e. water company) is used.  Draining and subsequent re-filling of ornamental fountains, ponds, and etc. is allowed only if an outside water source (i.e. water company) is used.
13. Commercial restaurants, eateries, etc. shall serve water to their customers by request only.
14. The operation of any ornamental fountains, ponds, or other structures making similar use of water is prohibited.
15. Any watering being completed using water taken from private lakes, streams, wells or ponds must post visible signs stating such actions. Documentation to verify the use of outside water sources shall be made available to the Board of Public Affairs or the Superintendent for the Water Department upon request. 
16. The washing of the exterior of commercial buildings and the cleaning of all commercial equipment and machinery is prohibited.

The Board of Public Affairs or County Health Department Officer shall have the authority to permit reasonable use of water to maintain public health, safety and sanitary standards. However, this reasonable use shall not include any of the restrictions in this section.

Stage 4: Water System Failure
In the event of a complete system failure, the Village of Killbuck strongly endorses and recommends that the residents and commercial users being served by the Village of Killbuck develop emergency water use plans, secure agreements with, and install adequate connections, to allow the transfer of water from one user to another in times of drought or other disaster causing shortages. Furthermore, it is recommended that similar agreements be worked out with other water systems (i.e. Villages and private water supplies) that are geographically located to make such agreements workable and beneficial. The Board of Public Affairs or the Superintendent of the Water Department shall have the authority to declare a water system failure when public health, safety and sanitary standards are at risk due to a loss of facilities, supply or transfer capabilities within the Village of Killbuck, drought intensity or other unrelated causes for the potable water supply system failure or and the mandatory conservation measures described in Stages 1 (Water Alert), 2 (Water Warning), and 3 (Water Emergency) have not sufficiently reduced system demands. In this stage, a significant or total failure of a water distribution system will have disastrous effect on the Village of Killbuck. At this juncture, notification of the Federal and State agencies for assistance will be required. An Emergency Operation Center (EOC) will be opened for the duration of the event at the Village Hall. At this stage, the public will be given notice that the ordinance for the Village of Killbuck declaring a water system failure that requires all non-essential indoor/outdoor water usage has been banned.  The use and withdrawal of water by any person for any purpose other than the maintenance of public health and safety shall be prohibited.

Section 5: Duration of Restrictions
Regular evaluations of the expected yield and projected demands to determine whether it is necessary to continue the water use restrictions.  If water supply conditions warrant, restrictions may be either downgraded or withdrawn subject to Village Council approval by resolution.

Section 6:  Exceptions
Water customers may use water essential to protect the general public health, safety or welfare.  Customers may apply for relief from the water restrictions imposed by the Board of Public Affairs or Superintendent of the Water Department by contacting the Board of Public Affairs for review.  Customers must provide written documentation from medical personnel as to the reason(s) for this exemption request.  The Board of Public Affairs will handle each appeal on an individual basis.

Section 7:  Alternate Water Management Plans
A water customer may request relief from applicable restrictions by filing an alternative water management plan with the Board of Public Affairs.  The Board will provide customers with the ability to design water management alternatives that give customers flexibility in meeting the restrictions while achieving maximum conservation goals.  The Village must give approval to the plan and shall require periodic reporting and posting of a public notice declaring the use of an alternative water management plan.

Section 8: Enforcement/Violations/Fines
Each water customer shall be responsible for compliance with this ordinance with respect to the water customer’s premises, and shall be responsible for applicable fines for noncompliance with this ordinance.  In the event of an alleged violation of this ordinance, proof of the existence of a declared water shortage and proof of any violation of any restriction set forth in this ordinance together with proof that the violation originated at any water customer’s premises shall constitute a presumption that the water customer is responsible for the violation.

Upon implementation of the provisions of this ordinance as provided in section 4, any person who shall violate any provision(s) of this ordinance shall, upon conviction thereof, be punished under the following standard as applied to the declared stage under section 4 of the Water Conservation Ordinance.
Stage 1: Water Alert
First Violation: written warning     
Additional violations at this level: written notice, a $250.00 fine and disconnection of service for the premises.

Stage 2: Water Warning
Any Violation at this level: written notice, a $500.00 fine and disconnection of service for the premises.

Stage 3: Water Emergency
Any Violation at this level: written notice, a $750.00 fine and disconnection of service for the premises.

Stage 4: Water System Failure
Any Violation at this level: written notice, a $2500.00 fine and disconnection of service for the premises.

The payment of any assessed fine(s) shall be the responsibility of the customer.  The fine shall not be added to the water bill and nor shall a payment plan be established for the collection of such fines.  All fine(s) must be paid at the Village office with the Village Clerk/Fiscal Officer prior to reestablishment of water services.

Any appeal of a fine imposed may be appealed within 15 days of the violation through the Board of Public Affairs. Any decision of the Board of Public Affairs may be appealed to the Village Council within 15 days of the Board’s decision. Appeals must be in writing and addressed to the Board of Public Affairs (Step 1 Appeal) and the Village Council (Step 2 Appeal).  All written warnings or notices shall be delivered in person by two members of either the Board of Public Affairs or the Village Water Department to the customer’s premises by leaving it with a person at the premises or posted on the front door if no one is present to accept it.

Section 9:  Reporting of Violations
All alleged violations of this ordinance shall be reported to the Board of Public Affairs or employees of the Village Water Department by private citizens or Village officials.  The Board or Water Department shall investigate every reported incident to determine if a violation exists and to give notice of such a violation, assess fines, and disconnect the water service if necessary.

Section 10: Effective Date
This ordinance shall go into effect at the earliest date allowable by law as adopted by the Village Council for the Village of Killbuck.