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HomeMy WebLinkAboutOrdinance 86- 1201 Amends Ch. 13.21, outdoor water use restrictions 115 ORDI NANCE NO. 1201 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR AUTHORIZATION TO ELIMINATE OR CURTAIL OUTDOOR WATER USES NOT ESSENTIAL TO THE PUBLIC HEALTH, SAFETY AND WELFARE; PROVIDING FOR RESTRICTIONS ON PARTICULAR INDOOR USES; AND PROVIDING FOR PENAL TIES FOR VIOLATION INCLUDING TERMINATION OF WATER SERVICE. PREAMBLE I The purpose of this ordinance is to put into place rules and regulations so that water shortages can be addressed in a timely fashion and before such shortages have reached the critical point. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: Section 1 13.21.010 Definitions. For the purposes of this chapter, the following terms, phrases, words, and their deriva- tions 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 IIshallll is always manda- tory and not merely directory. A. "City" means the City of Bozeman. B. "Directorll means the Director of Public Safety or Public Service. C. 1I0utdoor use" means the use of water, excepting water which has been used indoors and is being recycled for outdoor use, for (1) sprinkling or irrigating gardens, lawns or other outdoor vegetation; (2) washing automobiles, trucks, or other mobile equipment except at places of business where such are washed on every business day either with I attendants, with automatic equipment or by self-service; (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; (6) swimming and wading pools not employing a filter and recirculating system; (7) leakage or other escape outdoors through defective plumbing when a person has knowingly permitted the defective plumbing to remain in disrepair; (8) settling back-fill around foundations, pipes, etc.; and (9) other outdoor uses except use for fire protection. D. "Person" means any individual, business association, partnership, corporation or other legal entity or organization of any kind. E. IIWaterll means water from the City's water service utility. 13.21.020 Appl ication 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 I (B) 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 ORDINANCE NO. 1201 117 restrict or wholly prohibit the outdoor use of the water supply of the Bozeman water service utility. 13.21.040 Restriction of Particular Indoor Uses. Whenever outdoor use restrictions are in effect, business establishments which serve beverages for human consumption shall be prohibited from serving water except upon request. I 13.21.050 Sprinkl ing Systems-- Timing. Whenever outdoor use restrictions are in effect, the Director may set alternative time restrictions for the use of large scale sprinkling systems or those which are equipped with a timing device. . 13.21.060 Landscaping--Seeding--Sodding--Planting. While it is not the intent of this section to place restrictions on the normal conduct of business, whenever outdoor use restrictions are in effect, the Director may restrict or wholly prohibit the seeding, sodding or planting of live vegetation. 13.21.070 Notice Required. Restrictions or prohibitions imposed by the Di rector shall become effective at midnight immediately following the publication of notice thereof in any daily newspaper published in the City. 13.21.080 Wasting Water Prohibited. Whenever, outdoor use restrictions are in effect, no person shall waste water which shall include but not be limited to permitting water to escape or run to waste. 13.21.090 Exception to Maintain Sanitation. I The Director shall have the authority to permit a reasonable use of water in any case necessary to maintain adequate health and sanitation standards. 13.21.100 Enforcement. A. Police 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. 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. 13.21.110 Penalties. Any person who violates this chapter or the restrictions issued hereunder shall be 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). 13.21.120 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. Unless specifically provided otherwise, this offense shall not require proof of anyone of the mental states described in Subsections (33), I (37), and (58) of Section 45-2-101, M.C.A. Section 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. ORDINANCE NO. 1201 118 Section 3 Severability. If any part of this chapter is declared to be 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. PROVISIONALL Y PASSED, ADOPTED AND APPROVED by the City Commission of the City I of Bozeman, Montana, this 31 st day of March 1986. JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission FI NALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, this 14th day of April 1986, and effective thirty (30) days after said date. JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission State of Montana ) I 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 1201 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issue dated the 2nd day of May 1986, 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 27th day of May 1986. Clerk of the City Commission I ORDINANCE NO. 1201