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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. 2 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 3 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.) 4 (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 5 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 6 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, 7 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. 8 (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 9 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. 10 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. 11 (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 12 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. _~I`~II, oid ' . :,~ ... Ca:L. , _~1..;`i ~ T;: ~ ~,:~~ : ?'_. `i'I~ ;_ li.i':)_:i~.iC~iC<t1VIi ~!= T;I~~t~3r COi. E,~~'Va~.Z:~i1 ::3i:~).CC? 1 ,, .,,1a1 )". 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 1' J 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 14 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~ 16 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. 17 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, 18 ~yS. None ~~. Aldermen Kovachevich, Bohler, APPROVED: ~~~~~ Donald E. Edwards, I•~,ayor ATTEST: Ivan tahit s, City Clerk ~~ i ~Y i:i~r'.~'~~A ua . ~.~~ . .ar: ~ ~~ jg { :,.i. ~ 4 N , ........ _.. ti 19