HomeMy WebLinkAboutOrdinance #12314_
ORDINANCE NO. 1231
AN ORDINANCE CREATING TITLE 8, CFiAPTE1t 10.1 OF THE CANTON
MUNICIPAL CODE IMPLF~ITING AN EMERGENCY WATER CONSERVATION PLAN.
WHEREAS, the Public ti~~lorks, Water and Sewer Committee has
determined that is in the best interest of the City of Canton that
Title 8, Chapter 10.1 of the Canton Municipal Code be created to
read as follows; and,
WHEREAS, the Canton City Council has made a similar
determination.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CANTON, Fulton County, Illinois as follows:
1. That the Canton City Council hereby finds the foregoing
recitals to be fact.
2. That the Title 8, Chapter 10.1 of the Canton ~~unicipal
Code is hereby promulgated to read as follows:
"DIVISION 1 . GEidERALLY
8-10.1-1: SCOPE: There is hereby established a City of
Canton Emergency Water Conservation Plan.
8-10.1-2: DECLARATION OF POLICY: It is hereby declared
that, because of the water conditions from time-to-time prevailing
in the city, the general welfare requires that the water resources
available to the city be put to the maximum beneficial use to the
extent to which they are capable, and that the waste or
unreasonable use, or unreasonable method of use of water be
prevented, and the conservation of such water is to be extended
with a view to the reasonable and beneficial use thereof in the
interests of the people of the city and for the public health and
welfare.
8-10.1-3: AU`T'HORIZATION: The mayor, or his designee, is
hereby authorized and directed to administer and implement the
provisions of this chapter.
8-10.1-4: APPLICATION: The provisions of this chapter
shall apply to all persons, customers, and property utilizing city
water wherever situated.
DIVISION 2. COr1S~tVATIOl~1 STAGES
8-10.1-5: COMPLIAIICE; GUIDELINES: No customer of or person
who uses water from the city water utility shall knowingly make,
cause, use, or permit the use of water received from the city for
residential, commercial, industrial, agricultural, governmental,
or any other purpose in a manner contrary to any provision of this
chapter, or in an amount in excess of that use permitted by the
conservation stage in effect pursuant to this chapter.
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The City Engineer shall continually review and suggest
guidelines which shall set forth the criteria for determining when
a particular conservation stage is to be implemented and
terminated. Such guidelines shall be updated when, in the opinion
of the Engineer, the conditions of the utility system have changed
so as to necessitate such update. Said guidelines shall be
available for inspection at the city clerk's office during normal
business hours.
8-10.1 -6: STAGE 1 , VOLUI~'I'AIZY COP3SERVATIOIV: Customers of or
persons who use the water utility of the city are requested to
voluntarily limit the amount of water used during Stage 1,
Voluntary Conservation to that amount absolutely necessary for
health, business, and outdoor water use.
8-10.1-7: STAGE 2, MANDA`1'ORY COIt~iPLIANCE -WATER ALERT:
During Stage 2, Mandatory Compliance - j^later Alert, the following
restrictions shall apply to all customers of or persons who use
the water utility of the city:
(1) All outdoor irrigation by sprinlclers shall occur
only between the hours of 12:00 midnight to 10:00 a.m.
and 7:00 p.m. to 12:00 midnight on a designated outdoor
water use day which shall be once every seven (7) days.
Irrigation by hand-held hoses, drip irrigation, or
hand-held buckets is permitted anytime. The above
restrictions do not apply to the irrigation of
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commercial nurseries, commercial sod farms, and
similarly situated commercial establishments. Said
establishments will be requested to curtail all
nonessential water use.
(2) The washing of automobiles, trucl~s, trailers,
boats, airplanes, and other types of mobile equipment is
prohibited except on designated outdoor water use days
between the hours of 12:00 midnight to 10:00 a.m. and
7:00 p.m. to 12:00 midnight. Such washing, when
allowed, shall be done with a hand-held bucket or a
hand-held hose equipped with a positive shutoff nozzle
for quick rinses. However, this restriction does not
apply to the washing of the above listed vehicles or
mobile equipment when conducted on the immediate
premises of a commercial carwash or a commercial service
station. Furthermore, tizis restriction shall not apply
to the washing of automobiles, truc::s, trailers, boats,
airplanes and other types of mobile equipment (such as
garbage trucks and vehicles to transport food and
perishables) when said washing is necessary on amore
regular and frequent basis in order to protect the
health, safety and welfare of the public. (`.E'he washing
of each individual automobile, thick, trailer, boat,
airplane and /or any other type of mobile equipment in
violation of the terms and conditions of this
restriction constitutes a separate violation under this
chapter.)
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(3) The washing or sprinkling of foundations is
prohibited except on designated outdoor water use days
between the hours of 7:00 p.m. and 12:00 midnicht.
(4) The filling or adding of water to swimming and/or
wading pools is prohibited except on designated outdoor
water use days between the hours of 12:00 midnight to
10:00 a.m. and 7:00 p.m. to 12:00 midnight. However,
this restriction does not apply to public swimming pools
and wading pools.
(5) The operation of any ornamental fountain or other
structure making similar use of water is prohibited.
(6) The use of water for irrigation of golf greens and
tees is prohibited except on designated outdoor water
use days between the hours of 12:00 midnight and 10:00
a.m. and 7:00 p.m. to 12:00 midnight. The irrigation of
golf course fairways is absolutely prohibited. This
restriction does not apply to the irrigation of any golf
course or fairways which utilizes caastewater effluent or
raw water, or to the irrigation of golf course fairways
pursuant to the terms and conditions of an approved
compliance agreement issued by the review board.
(7) The use of water from fire hydrants shall be
limited to firefighting related activities and /or other
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activities necessary to maintain the health, safety, and
welfare of the citizens of Canton. This restriction
does not apply to businesses c-~hich required the use of
water for land developrnent and building construction
processes. Pursuant to written approval by the water
department, said businesses shall be allowed to purchase
and draw water from fire hydrants designated for such
use by the water department.
(8 ) The following uses of water are defined as °'watte
of water"' and are absolutely prohibited:
a. 1~llowing water to run off into a gutter, ditch, or
drain; or
b. railing to repair a controllable leak; or
c. t^7ashing sidewalks, driveways, parking areas, tennis
courts, patios, or other paved areas, except to
alleviate immediate health or fire hazards.
Provided, however, that none of the Stage 2 restrictions
shall apply to the following uses of water:
a. The routine and necessary use of water, other than
for landscape irrigation, by a governmental entity
in pursuit of its governmental functions for the
benefit of the public, such as for capital
improvement construction projects and for the
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cleaning of streets to prevent debris and harmful
substances from entering water systems via storm
sewers;
b. The routine and necessary use of water, other than
for landscape irrigation, for land development
(e.g., roadway base preparation, flushing of utility
lines, dust control, concrete and asphalt work) and
for building construction processes;
c. The necessary use of water for the routine
maintenance and/or repair of water distribution
facilities, residential and commercial plumbing and
permanently installed landscape irrigation systems;
d. ~'he use of water necessary to irrigate large,
landscaped areas in commercial and institutional
establishments as authorized by the terms and
conditions of an approved compliance agreement
issued by the review board. In no event, however,
shall a compliance agreement be approved if the
terms and conditions therein do not meet or exceed
the purpose and intent of the emergency water
conservation plan;
e. The use of water necessary for the establishment of
specially permitted landscaping in new, residential
and commercial developments, as set forth in terms
and conditions of a permit issued by the review
board; and,
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f. The use of water pursuant to the approved terms and
conditions of a variance granted by the review
board.
(9) The washing of automobiles, trucks, trailers,
boats, airplanes, or other types of moaile equipment
upon the immediate premises of a commercial carwash,
commercial service station, or private fleet washing
facility shall occur only between the hours of 12:00
noon and 5:00 p.m.
8-10.1-8: STAGE 3, I~~~DATORY CO1~~LIANCE - WATER ~~aARNING:
During Stage 3, Mandatory Compliance - Water 6~7arning, the
following restrictions shall apply to all customers of or persons
who use the water utility of the city: All elements of Stage 2
shall remain in effect in Stage 3 except that:
(1) All outdoor irrigation of vegetation by individual
sprinklers shall occur only between the hours of 6:00
a.m. to 10:00 a.rn. and 7:00 p.m. to 10:00 p.m. on
designated outdoor water use days. All outdoor
irrigation of vegetation by permanently installed
automatic sprinkler systems shall occur only between the
hours of 12:00 midnight and 7:00 a.m. on designated
outdoor water use days. Irrigation by hand-held buckets
is permitted anytime.
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(2) The watering of golf course tee areas and fairways
is prohibited unless done with treated wastewater,
reused water, or raw water.
(3) The uses of water excluded from the restrictions
under Stage 2 and listed under e. and f. as allowable
uses of water are prohibited unless specifically
approved and authorized pursuant to a variance or
permit granted under Stage 3; except that permits for
the use of water necessary for the establishment of
landscaping in new, residential and commercial
developments shall only be issued to licensed landscape
professionals. The authority to use water under the
terms and conditions of a variance or permit shall be
null and void upon implementation of Stage 4 of the
emergency water conservation plan. ~ new and separate
application for variance or permit must be submitted
for approval upon implementation of Stage 4.
(4) The washing of automobiles, trucks, trailers,
boats, airplanes, and other types of mobile equi1~ment is
prohibited except on designated outdoor water use days
between the hours of 6:00 a.m. to 10:00 a.m. and 7:00
p.m. to 10:00 p.m. Such washing, when allowed, shall be
done with a hand-held bucket or a hand-held hose
equip;~ed with a positive shutoff nozzle for cruick
rinses. However, this restriction does not apply to the
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washing of the above listed vehicles or mobile equipment
when conducted on the immediate premises of a commercial
carwash or a commercial service station.
Furthermore, this restriction shall not apply to the
washing of automobiles, trucks, trailers, boats,
airplanes and other types of mobile equipment (such as
garbage trucks and vehicles to transport food and
perishables) when said washing is necessary on amore
regular and frequent basis in order to protect the
health, safety and welfare of the public. ('I'he ~,~ashing
of each individual automobile, truclc, trailer, boat,
airplane and/or any other type of mobile equipment in
violation of the terms and conditions of this
restriction constitutes a separate violation under this
chapter.)
(5) All restaurants are prohibited from serving water
to their customers except when specifically requested by
the customer.
(6) All water customers are restricted to 75~ of the
average monthly water consumption attributable to that
customer for the 12 month period preceding
implementation of the city water conservation plan.
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8-10.1 -9: S^lAGE 4, ~~1t'1NDA`1bF:Y CO:~~IPLIAi~ICE - 6'v'ATEI~ EI~Ir~'.GENCY:
During Stage 4, i~~andatory Compliance - y~Tater ?~'mergency, the
following restrictions shall apply to all customers of or persons
who use the water utility of the city: All elements of Stage 3
shall remain in effect in Stage 4, except that:
(1) All outdoor irrigation of vegetation by hand-held
hoses, drip irrigation, or hand-held buckets shall occur
only between the hours of 6:00 a.m. to 10:00 a.m. and
7:00 p.m. to 10:00 p.m. on designated outdoor wwater use
days. Irrigation using individual sprinklers or
sprinkler systems is prohibited.
(2) The washing of
boats, airplanes, and
not occurring upon
commercial carwash or
not in the immediate
safety, and cwelfare is
automobiles, trucks, trailers,
other types of mobile equipment
the immediate premises of a
a commercial service station and
interest of the public health,
prohibited.
(3) The washing of automobiles, trucks, trailers,
boats, airplanes, or other types of mobile equipment
upon the irunediate premises of a commercial carwash or a
coi~unercial service station in the immediate interest of
the public health, safety, and welfare, shall occur only
between the hours of 12:00 noon and 5:00 p.m.
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(4) Commercial nurseries, commercial sod farms,
greenhouses, and similarly situated commercial
establishments shall water only on designated days
between the hours of 10:00 a.m. and 5:00 p.m. and
shall utilize only hand-held hoses, drip irrigation
systems, or hand-Yield buckets.
(5) The filling, refilling, or adding of water to
swimming and/or wading pools is prohibited.
(6) The draining and filling of public swimming and
wading pools is prohibited; said pools shall be closed.
(7 ) ~.i'he operation of any ornamental fountain or similar
structure is prohibited.
(8) All restaurants are prohibited from serving water
to their customers except when specifically requested by
the customer.
(9) The uses of water excluded from the restrictions
under Stage 2 and listed thereunder as allowable uses of
water e. and f. are prohibited unless specifically
approved and authorized pursuant to a variance or permit
granted under Stage 4; except that no permits shall be
issued for the use of water necessary for the
establishment of landscaping in new, residential and
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COI'~:1GrCl,`11 ,:.':f'V~;10??1:10;it.
1 ~~ } ~~.1 „al~er CU;;tO 'Pi ~ c ~'`' 1".~i'%riCtZ'-'':.'. t0 :.)V ;i O tlr~
~1VC1"~1.Cy2 IiOntlly ,:7c3'~er COr1SL1Iil~t10I1 ~?tt~±~li:Utcl:>1C~ t0 lc~t
c:u.~to7:le_ for t-:1~~ 12 ra~~rlt~.l :~crioc~ ~)recP~_int~~
ira~~le:;lenta'cion o:~ the city ~vat•~-r con survation -_~lan.
(1 1) (,i ty S'i c-lt^r I;1~ li"1:~ Silk 11 ~.1G* ~r°5:' ~Ui 17~?C. Only ',=0 tnl
~xt<xlt ~lecess<lr;T to '~^~'~~ ti~,,~ter :in tale .;Iain.~ at rl
jJre?SStlr'~'. :U~"ilcient CO Si!e'_lrlt~ln t~l~.^~ R~UJ11C }1CJ'c lti7~
S? ety c3Ilt; `d~Gl:LarC.
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li.i':)_:i~.iC~iC<t1VIi
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)". c tltOr.l~ltlc, ''7
o;~~rati o~: of l a;a :a~.~e u~cn the :ollo;r~ r~,:_, cl~~rtu
Con;~ervation ~~ac;e_:
:~t~'c;e 1 : Vo1Unt~ ry
Con.~c".~-vation
~t _;e ~'.: d~~l'lcator°1~
Com:;liar~ce - ,1a'cer
',lert
_lT '~~ :~';1GIlt~„.
'tinc~n ~.•~atc'r levt;l at Canton
L:l~~c reac~i 4 ... i=ect '~:~nlo~;
Can ton L~_.'.;e x:)a:I c)vcr-~ 10;7
'~~!1~.~~r. ~~r~lter l:~vc~l ~t Canton
T~~~'>G 1'°~?C11CS 1 ~ L'C.'?t '.'x:;10.'1
C,aiitrill Lc:~;C' iaZ OVA°_rlO:d
n
~~'a:, ~W ~znaaCory
Co.r~lianc~; - ~:atur
'~. ar"i1 i rl,
Ten T~xtC1`. lr-'VE?1_ AL t.'~I1tC~~1
I,~";e re~ac:les 11 a`_r-'et '^~lo~.~~
t ~..ntorl -,a' ,~ --al,: ovry--10,1
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Stage 4: Mandatory When water level at Canton
Compliance - Water Lake reaches 12 feet below
Emergency Canton Lake Dam overf low
The Water Superintendent or his designee shall daily measure
the water level at Canton Lake Dam (at or near the water intake
structure) and shall daily advise the Mayor or his designee of the
water level at Canton Lake.
Water conservation stages shall be automatically implemented
by operation of law as the water level at Canton Lake Dam reaches
8 feet below the level at which water normally overf lows the
Canton Lake Dam spillway. Successive conservation stages shall be
initiated by operation of law as the water level at Canton Lake
Dam reaches successively lower levels as set forth in the
foregoing chart.
8-10,1-11: PRESUMPTION: For purposes of this chapter, it
shall be presumed that a person, corporation, or association in
whose name the water utility of the city is or was last billed or
who is receiving the economic benefit of said water supply has
knowingly made, caused, used or permitted the use of water
received from the city for residential, commercial, industrial,
agricultural, governmental or any other purpose in a manner
contrary to any provision of this chapter, or in an amount of
excess of the use permitted by the conservation stage in effect,
or in a manner contrary to the terms and conditions of a valid
variance, permit or compliance agreement issued by the review
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board, if the water has been used in a manner contrary to any
provision of this chapter, or in an amount in excess of the use
permitted by the conservation stage in effect or in a manner
contrary to the terms and conditions of a valid variance, permit
or compliance agreement issued by the review board.
v-10.1-1 2: MANDATORY CONSERVATION S'T'AGE IP~fiPLEP~7ENTA~i'ION: The
City Engineer shall monitor the projected supply and demand for
vaater by its customers on a daily basis from the date of
implementation of tkiis Ordinance, and shall recommend to the mayor
and city council the extent of the conservation required through
the implementation or termination of particular conservation
stages in order for the department to prudently plan for and
supply water to its customers. Thereafter, the mayor may order
that the appropriate stage of water conservation be implemented or
terminated in accordance with the applicable provisions of this
chapter. Said order shall be made by public announcement and
shall be published a minimum of one time daily in a newspaper in
general circulation and shall become effective immediately upon
such publication. Publication shall continue on a daily basis
until such time as all restrictions are removed.
8-1 0.1 -1 3: REVIEt,~ DOARD; VARIANCES, PERI~ZI~1'S AND COi~IPLIAI3CE
AGREEMENTS: A review board shall be immediately established by
I~iayoral appointment to review hardship and special cases which
cannot follow the letter of this chapter. It is the purpose of
the review board to review hardship or special cases and to
15
determine whether or not said case warrants a variance, permit or
compliance agreement. Said board shall consider the facts of each
case and decide whether to grant a variance or a permit or to
enter into a compliance agreement within five (5) working days of
the receipt of a properly completed ""Application for
Variance/Permit/Compliance Agreement" form. A variance shall be
granted only for reasons of economic hardship which is defined as
a threat to an individual's or business's primary source of
income. (F3ut under no circumstances shall inconvenience or the
potential for damage of landscaping }~e considered an economic
hardship which justifies a variance.) The board shall authorize
only the implementation of equitable eater use restrictions which
further the purpose and intent of the emergency caater conservation
plan. The special water use restrictions authorized by the board
in each special or hardship case shall be set forth on the face of
the variance, permit or compliance agreement. A fee of
twenty-five dollars ($25.00) per permit application for these
variances, permits or compliance agreements shall be assessed to
defray aaministrative costs.
A variance, permit or compliance agreement issued under
Stage 2 of the emergency water conservation ordinance shall not be
valid upon implementation of Stage 3 or Stage 4 of said ordinance.
A variance, permit or compliance agreement exL~ires under its oc~m
terms and conditions and/or when another stage of the emergency
water conservation ordinance is in effect. A separate
application for a variance, permit or compliance agreement must i~
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submitted at each stage of the emergency water conservation plan.
Any person, corporation or association who is issued a
variance, permit or compliance agreement and makes use of the
water utility of the city pursuant to said variance, permit or
compliance agreement shall provide proof of said variance, permit
or compliance agreement upon demand by any peace officer or person
authorized by the city to enforce this chapter. Upon conviction
of a person, corporation or association of violating any provision
of this chapter, the review board may revoke any permit, variance,
or compliance agreement previously granted. However, the board
shall notify the applicant of the proposed revocation five (5)
wor3cing days before taking such action, and applicant shall be
given the opportunity to be heard by the review board prior to its
taking such action.
8-10.1-1 4: PEIQAL^1Y: Any person, corporation, or
association violating any provision of this chapter shall be
deemed guilty of an offense and, upon conviction, shall be
punished by a fine not less then fifty dollars ($50.00) and not to
exceed two hundred dollars ($200.00) for each violation. Each day
or portion thereof a violation continues shall be deemed a
separate violation. The violation of each provision, and each
separate violation thereof, shall be deemed a separate offense,
and shall be punished accordingly. However, compliance may be
further sought through injunctive relief in the district court.
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8-1 0.1-1 7: EXCESS WATEP. USE - £ILLIi~dG: Any person,
corporation, association, or bulk caater purchaser (to include
municipal bulk purchasers) who use water in excess of the reduced
monthly average imposed in Stage 3 or in Stage ~ of this chapter
shall be billed by the city for such excess caater use at triple
the normal rate applied to such person, corporation, association
or bulk water purchaser for such excess use. All other water used
in conformity with this chapter shall be billed at the normal
rate(s). All such charges shall be billed as part of the
consumer's regular water bill. Failure to pay such bill when due,
to include triple charges for excess water use, shall result in
the imposition of the normal late payment charge and ultimate
termination of water use in conformity with the applicable
provisions of the Canton P~iunicipal Code. The e::cess caater use
billing rates established by this section are in addition to the
penalties provided by section 16 of this chapter.""
3. That this Ordinance shall be in full force and effect
ten days after its passage by the City Council of the City of
Canton, Fulton County, Illinois, approval by the Mayor thereof,
and publication in pamphlet form as provided by law.
PASSID by the City Council of the City of Canton, Fulton
County, Illinois at a regular meeting this 21st day of
February , 1989, upon a roll call vote as follows:
Ate: Aldermen Zilly, Steck, Sarff, Meade, May, Chapman,
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~yS. None
~~. Aldermen Kovachevich, Bohler,
APPROVED:
~~~~~
Donald E. Edwards, I•~,ayor
ATTEST:
Ivan tahit s, City Clerk
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