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HomeMy WebLinkAboutOrdinance 85- 1185 Adds Ch. 13.21, outdoor water use restrictions U6L, ORDINANCE NO. 1185 AN ORDINANCE AUTHORIZING RESTRICTION OF CERTAIN USES OF WATER FROM THE CITY WATER SUPPLY SYSTEM NOT ESSENTIAL TO THE PUBLIC WELL BEING; AUTHORIZING THE CITY TO TERMINATE WATER SERVICE FOR VIOLATION; PRESCRIBING PENAL TIES FOR THE VIOLATION OF ITS PROVISION; AND DECLARING THE PRESENCE OF AN EMERGENCY. WHEREAS, an emergency exists in the City of Bozeman because of an impending shortage I of water due to a prolonged drought; and WHEREAS, the reservoir and instream water levels available for the City's supply are at dangerously low levels; and WHEREAS, existing City ordinances addressing this matter are insufficient; and WHEREAS, it is imperative to the public well being that certain uses of water, not essential to the health, safety and welfare of the City be restricted. NOW, THEREFORE, BE IT ORDAI NED by the City Commission of the City of Bozeman: Sect ion 1 That Chapter 13.21, entitled Outdoor Water Use Restrictions, of the Bozeman Municipal Code be and the same is hereby created to read as follows: Section 13.21.010 Definitions. Section 13.21.020 Application of Restrictions. Section 13.21.030 Authority to Restrict Outdoor Use of Water. Section 13.21.040 Notice Required. I Section 13.21.050 Wasting Water Prohibited. Section 13.21.060 Exception to Maintain Sanitation. Section 13.21.070 Enforcement. Section 13.21.080 Pena Ities. Section 13.21.090 Legislative Intent. Sect ion 13. 21 . 01 0 Definitions. For the purposes of this chapter 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 include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. A. "City" means the City of Bozeman. B. "Person" means any individual, business association, partnership, corporation or other legal entity or organization of any kind. C. "Water" means water from the City's water service utility. D. "Outdoor use" means the use of water, excepting water which has been used indoors and I is being recycled for outdoor use, for (1) sprinkling or irrigation gardens, lawns or other outdoor vegetation; (2) washing automobiles, trucks, or other mobi Ie equipment except at places of business where such are washed on every business day either with attendants, with automatic equipment or by self-service; ORDINANCE NO. 1185 UGS (3) washing sidewalks, driveways, outside building walls or other outdoor surfaces; (4) washing any business or industrial equipment machinery; (5) operating any ornamental fountain or other similar structure not employing a recirculating system; I (6) swimming and wading pools not employing a filter and recirculating system; (7) escape outdoors through defective plumbing which shall mean the knowing permission for defective plumbing to remain out of repair; and (8) other outdoor uses except use for fire protection. E. "Director" means the City's Director of Public Safety or Public Service. Section 13.21.020 Application of Restrictions. The provisions of this chapter or any restriction or prohibition in force pursuant thereto shall apply as follows: (A) To all persons using water both in and outside the City, and regardless of whether any person using water shall have a contract for water service with the City; or (8 ) To persons contracting for water service at a location who shall be responsible and strictly liable for all water use at that location. Section 13.21.030 Authority to Restrict Outdoor Use of Water. The Director is, with the concurrence of the City Manager, authorized, directed and empowered, whenever in his opinion the necessities of the situation demand such action, to restrict and/or wholly prohibit the outdoor use of the water supply of the Bozeman water I service utility. Section 13.21.040 Notice Required. Restrictions and/or prohibitions Imposed by the Director shall become effective at midnight immediately following the publication of notice thereof in any daily newspaper published in the City. Section 13.21.050 Wasting Water Prohibited. Whenever outdoor watering restrictions are in force, no person shall, in addition to using water for beneficial outdoor uses, waste water which shall include but not be limited to permitting water to run to waste or escape. Section 13.21.060 Exception to Maintain Sanitation. The Director shall have the authority to permit a reasonable use of water in any case necessary to maintain adequate health and sanitation standards. Section 13.21.070 Enforcement. A. Pol ice Officers to Enforce. Every police officer of the City shall, in connection with the duties imposed by law, diligently enforce the provisions of this ordinance. I B. Discontinuance of Service. The City Manager shall have the authority to enforce the provisions of this ordinance by the discontinuance of water service in the event of violation hereof. Section 13.21.080 Penalties. Any person who violates this ordinance or the restrictions issued hereunder shall be ORDINANCE NO. 1185 U6G deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not less than One Hundred Dollars ($100) or more than Five Hundred Dollars ($500). Section 13.21.090 Legislative Intent. It is the intent of the City Commission that the criminal offense listed in this Chapter shall be an offense involving absolute liability. This offense shall not require proof of any I one of the mental states described in Subsections (33), (37), and (58) of Section 45-2-101, M.C.A. Sect ion 2 Savings Provision This ordinance does not affect rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. Sect ion 3 Severabil ity If any provision of this ordinance is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the ordinance and applicability thereof to other persons and circumstances shall not be affected thereby. Sect ion 4 Finding of Emergency This ordinance is passed as an emergency measure, and the Commission does, by the vote by which this ordinance is passed, hereby declare that an emergency exists, which I makes it imperative that this ordinance should become effective forthwith in order that the public health, safety and welfare might most effectively be provided for. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, this 29th day of July 1985, and effective upon passage. KENNETH L. WEAVER, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission State of Montana ) County of Gallatin : ss. City of Bozeman ) I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Ordinance No. 1185 was published by title and number in the Bozeman I Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issue dated the 2nd day of August 1985, and due proof of such publication is on file in my office. I N WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office this 14th day of August 1985. Clerk of the City Commission ORDINANCE NO. 1185