HomeMy WebLinkAbout22- Ordinance 2110 Amending the City's Outdoor Water Use RestrictionsOrd 2100
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ORDINANCE 2110
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY’S OUTDOOR WATER USE RESTRICTIONS BY
ESTABLISHING PERMANENT RESTRICTIONS ON TIMES OF DAY AND DAY OF
THE WEEK AND CREATING EXEMPTIONS FROM SAID RESTRICTIONS,
ESTABLISHING THE CITY’S DROUGHT CONTINGENCY RESPONSE, INCLUDING
AUTHORIZING THE CITY MANAGER TO DECLARE A DROUGHT, PROVIDING
FOR DROUGHT SURCHARGE RATES DURING A DROUGHT, AND ESTABLISHING
STANDARDS FOR USE OF CITY UTILITY WATER DURING A DECLARED
DROUGHT.
WHEREAS, Mon. Const. Art. IX, Sec. 3 declares the use of all water, including “the sites
for reservoirs necessary for collecting and storing water shall be held to be a public use” for the
people of Montana and that such water is “subject to appropriation for beneficial uses as provided
by law”; and
WHEREAS, pursuant to Mont. Code Ann. § 7-13-4402 (2021), the City of Bozeman “has
power to adopt, enter into, and carry out means for securing a supply of water for the use” of the
city or its citizens; and
WHEREAS, the City is a local government with self-governing powers and its City
Commission has the power to adopt or amend the Bozeman Municipal Code; and
WHEREAS, the City has an interest in protecting the availability of water from the City’s
water utility by managing its use; and
WHEREAS, Bozeman is a semi-arid, headwaters community dependent on limited water
supplies that are subject to impacts from drought. Drought events, population growth, and
impacts of climate change on water supply yields, make Bozeman highly-susceptible to water
supply reliability challenges; and
WHEREAS, drought is part of the City of Bozeman’s history; and
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Ordinance No. 2110, An Ordinance Amending the City’s Outdoor Water Use Restrictions, and
Establishing Drought Contingency Response and Standards
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WHEREAS, on December 21, 2021, the City Commission adopted Resolution 5368 which
established the Commission’s priority of promoting water conservation for 2022 and 2023; and
WHEREAS, irrigation water use for lawns and landscapes represents approximately fifty
percent of total city water demand during summer months; and
WHEREAS, permanent outdoor watering restrictions are a necessary and effective tool
for reducing excessive outdoor water usage while maintaining landscape health; and
WHEREAS, the City Commission is committed to drought preparedness pursuant to the
Drought Management Plan (Plan) adopted by Resolution 4728 by the City Commission on January
9, 2017; and
WHEREAS, on May 3, 2022, the City Commission passed Resolution 5398 and adopted
the City’s 2022 Drought Management Plan;
WHEREAS, the Plan provides the City tools to continuously assess and evaluate drought
factors, guidelines about how to proactively implement drought mitigation and response actions,
and strategic responses specific to each of the four stages of drought; and
WHEREAS, the City has a legitimate interest in protecting the City’s water supply as
drought severity increases to preserve the City’s available water supply for those purposes essential
to public health, safety, and welfare; and
WHEREAS, Bozeman Municipal Code Chapter 40, Division 4, provides the authority for
the City Manager to implement outdoor water use restrictions.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Chapter 40, Article 2, Division 4 of the Bozeman Municipal Code be re-named as follows:
DIVISION 4. – OUTDOOR WATER USE RESTRICTIONS AND DROUGHT
CONTINGENCY RESPONSE
Section 2
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Ordinance No. 2110, An Ordinance Amending the City’s Outdoor Water Use Restrictions, and
Establishing Drought Contingency Response and Standards
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That Sec. 40.02.1250, “Definitions,” will be re-named and amended as follows:
Sec. 40.02.1250. Definitions. -Findings.
A. For the purposes of this division, the following terms, phrases, words, and their derivations
shall have the meaning given herein.
1. "Outdoor use" means the use of water, excepting water which has been used indoors and
is being recycled for outdoor use, for:
a. Sprinkling or irrigating gardens, lawns or other outdoor vegetation;
b. Washing automobiles, trucks, or other mobile equipment except at places of business
where such are washed on every business day either with attendants, with automatic
equipment or by self-service;
c. Washing sidewalks, driveways, outside building walls or other outdoor surfaces;
d. Washing any business or industrial equipment machinery;
e. Operating any ornamental fountain or other similar structure not employing a
recirculating system;
f. Swimming and wading pools not employing a filter and recirculating system;
g. Leakage or other escape outdoors through defective plumbing when a person has
knowingly permitted the defective plumbing to remain in disrepair;
h. Settling back-fill around foundations, pipes, etc.; and
i. Other outdoor uses except use for fire protection.
2. "Water" means water from the city's water service utility.
A reliable minimum supply of water is essential to the public health, safety and welfare of
the people and the economy of the City of Bozeman.
B. Bozeman is a semi-arid, headwaters community dependent on limited water supplies that are
driven by snowpack and subject to impacts from drought. Drought events, population growth,
and impacts of climate change on water supply yields, make Bozeman highly-susceptible to
water supply reliability challenges.
C. Responsible water management requires active conservation measures not only in times of
drought but at all times.
D. A reliable minimum supply of water is essential to meet current and future water supply
needs.
Section 3
That Sec. 40.02.1260, “Application of restrictions,” will be re-named and amended as follows:
Sec. 40.02.1260. Application of restrictions. -Purpose and intent.
A. The provisions of this division or any restriction or prohibition in force pursuant thereto
shall apply as follows:
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Ordinance No. 2110, An Ordinance Amending the City’s Outdoor Water Use Restrictions, and
Establishing Drought Contingency Response and Standards
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1. 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
2. To persons contracting for water service at a location who shall be responsible and
strictly liable for all water use at that location.
To minimize or avoid the effect and hardship of potential water supply shortages to the
greatest extent possible, this division establishes the means and authority to:
1. Implement the City of Bozeman’s Drought Management Plan;
2. Reduce water consumption long-term through permanent, outdoor water use restrictions,
and short-term through additional water demand mitigation actions;
3. Enable effective water supply reliability planning;
4. Assure reasonable and beneficial use of water;
5. Ensure adequate supplies of water are available for essential uses during times of water
shortage; and
6. Prevent waste of water and ensure water use efficiency.
Section 4
That Section 40.02.1270, “Authority to restrict outdoor use of water,” will be re-named and
amended as follows:
Sec. 40.02.1270. -Authority to restrict outdoor use of water. -Definitions.
The director of public works is, with the concurrence of the city manager, authorized,
directed and empowered, whenever in the director's opinion the necessities of the situation demand
such action, to restrict or wholly prohibit the outdoor use of the water supply of the water service
utility.
A. For the purposes of this division only, the following terms, phrases, words, and their derivations
shall have the meaning given herein.
1. “Drought restriction” means a required curtailment of specific water uses enacted due to a
drought declaration.
2. "Water" means water from the city's water service utility. “Essential use” means the use of
water necessary for firefighting, health, welfare and safety; water needed to sustain basic
human, aquatic and animal life; and water necessary to satisfy federal, State, and local laws for
the protection of public health, sanitation and safety.
3. “Excessive water use” means use that is not considered reasonable, prudent, or a wise use
of water for an authorized purpose.
4. “Landscape” means an area with vegetative groundcover or other natural living plant
materials including but not limited to: grass, turf, trees, ornamental perennials, shrubs,
perennial flowers, annual flowers, food gardens, and surrounding landscape design elements
such as rock mulch and wood mulch.
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Ordinance No. 2110, An Ordinance Amending the City’s Outdoor Water Use Restrictions, and
Establishing Drought Contingency Response and Standards
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5. “Low volume drip irrigation” means the application of irrigation water at low pressure
through a system of tubing or lateral lines and low volume emitters such as drip, drip lines, and
bubblers.
6. “Non-essential use” means the use of water not for essential use, which may be curtailed
during times of shortage without compromising public health, sanitation, welfare and safety.
7. “Outdoor water use” means the use of water, excluding water which has been used indoors
and is being recycled for outdoor use, for:
a. Sprinkling or irrigating gardens, lawns or other outdoor vegetation;
b. Washing motorized and non-motorized vehicles, including but not limited to
automobiles, trucks, vans, buses, motorcycles, boats, bikes and trailers;
c. Washing sidewalks, walkways, driveways, parking areas, outside building walls, patios,
alleys or other outdoor surfaces;
d. Washing any business or industrial equipment machinery;
e. Operating any ornamental fountain or other similar structure not employing a
recirculating system; and
f. Filling swimming pools, wading pools, hot tubs and spas not employing a filter and
recirculating system.
8. “Spray irrigation” means the act of applying water to landscape by sprinklers or spray
nozzles that deliver water to the landscape through the air.
9. “Turf” means grass and the surface layer of earth held together by its roots, including but
not limited to cool season lawn grasses.
10. “Water” means water from the city's water service utility.
11. “Water waste” means the intentional or unintentional excessive use of water; allowing
water to be applied in any manner, rate or quantity such that the runoff from the landscaped
area being watered is allowed to pool or flow across the ground, into any drainage way, or onto
any impervious surface; water that has escaped or run to waste; and the escape of water through
defective plumbing, breaks, leaks, or malfunctions in the plumbing or irrigation system.
12. “Watering window” means the period, timeframe, or continuous hours of the day(s) in
which outdoor watering is permitted.
Section 5
That Section 40.02.1280, “Restriction of particular indoor uses,” will be re-named and amended
as follows:
Sec. 40.02.1280. - Restriction of particular indoor uses. -Application of restrictions division.
Whenever outdoor use restrictions are in effect, business establishments which serve
beverages for human consumption shall be prohibited from serving water except upon request.
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Ordinance No. 2110, An Ordinance Amending the City’s Outdoor Water Use Restrictions, and
Establishing Drought Contingency Response and Standards
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A. The provisions of this division or any restriction or prohibition in force pursuant thereto shall
apply as follows:
1. 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
2. To persons contracting for water service at a location who shall be responsible and strictly
liable for all water use at that location.
B. This division is intended to ensure an adequate and reliable water supply for essential uses,
ensure the public’s health safety during times of water shortage, and to further the beneficial use
and conservation of water.
Section 6
That Section 40.02.1290, “Sprinkling systems; timing” will be re-named and amended as follows:
Sec. 40.02.1290. Sprinkling systems; timing. -Outdoor water use restrictions.
Whenever outdoor use restrictions are in effect, the director of public works may set alternative
time restrictions for the use of large scale sprinkling systems or those which are equipped with a
timing device.
A. Authority to restrict outdoor use of water. The city manager is authorized and empowered,
whenever the situation demands, to restrict or wholly prohibit outdoor water use of the city’s
water service utility. This includes the power to approve exemptions and relaxations to outdoor
water use restrictions. Except for the restrictions in 40.02.1290.B, any restriction imposed by
order of the city manager shall become effective at midnight immediately following notice
posted and available on the city’s website.
B. Outdoor water use restrictions. Notwithstanding the city manager’s authority in
40.02.1290.A, the following restrictions apply to all property using water from the city’s water
utility:
1. Permanent time of day and day of week watering restrictions. Outdoor watering of
landscapes with the use of spray irrigation shall be limited to an assigned three (3) days per
week watering schedule as follows:
a. Properties with even numbered physical addresses: Tuesday, Thursday, and Saturday;
b. Properties with odd numbered physical addresses: Wednesday, Friday, and Sunday;
and
c. Public parks, private open spaces, street right-of-ways: Monday, Wednesday, and
Friday.
2. Time of day watering prohibition. The outdoor watering of landscapes with the use of
spray irrigation is prohibited seven (7) days a week between the hours of 10:00am and
8:00pm.
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Establishing Drought Contingency Response and Standards
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3. Watering window. For the purposes of identifying the allowable watering windows
associated with the allowable watering day and times of day, the watering window begins at
12am and ends at 10am, and the second watering window begins at 8pm and ends at
11:59pm on the allowable watering day. The allowable watering day refers to a calendar day
(12:00am – 11:59pm).
4. Water waste prohibited. Outdoor water use that results in water escaping or running to
waste, excessive use, and the escape of water through breaks, leaks, or malfunctions in the
plumbing or irrigation system is prohibited.
C. Exemptions to outdoor water use restrictions. The following activities are exempt from the
requirements of 40.02.1290.B:
1. Outdoor watering of trees, drought tolerant ornamental perennials, shrubs, flowers and
food gardens only when watered with the use of a hose equipped with positive shut-off
nozzle or device, hand-held bucket or similar container, slow release watering bag, or
landscape irrigation system that exclusively uses low-volume drip irrigation.
2. Turf establishment. Watering, for the sole purpose of turf establishment, is permitted for
up to 45 days upon the installation of new turf from sod or seed.
3. Irrigation system maintenance. Water use associated with irrigation system operation for
the purposes of installation, repair, adjustments, performance assessments, and other related
maintenance issues provided that the system is attended to throughout the period of
operation.
D. Special circumstances. The city manager may establish standards for the exemption or
relaxation of the restrictions in this division. When reasonable cause exists, the city manager
may grant an exemption or relaxation for special circumstances not described in this division,
including but not limited to the use of new irrigation technology, and preservation of turf
subject to heavy public use. The city manager must maintain a list of approved exemptions and
relaxations to requirements in this section.
Section 7
That Section 40.02.1300, “Landscaping; seeding; sodding; planting” will be re-named and
amended as follows:
Sec. 40.02.1300. Landscaping; seeding; sodding; planting. -Drought contingency response.
While it is not the intent of this division to place restrictions on the normal conduct
of business, whenever outdoor use restrictions are in effect, the director of public works may
restrict or wholly prohibit the seeding, sodding or planting of live vegetation.
A. Authority to enact a drought declaration. The city manager is, upon notification
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Establishing Drought Contingency Response and Standards
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to the city commission, authorized to order a drought declaration and corresponding water use
restrictions. This includes the power to approve exemptions and relaxations to enacted water use
restrictions.
B. Drought restriction and response measure implementation.
1. Response measures must substantially protect the City’s water supply as drought severity
increases or water supply availability decreases, in order to preserve the City’s available
water supply for purposes essential to public health, sanitation, safety, welfare and essential
services including but not limited to police and fire services.
2. A drought declaration may necessitate that the city manager implement additional water
use restrictions not listed in 40.02.1290. These drought restrictions may vary based upon
drought severity and other pertinent circumstances. Any additional water use restriction must
consider the response measures outlined in the city’s Drought Management Plan.
C. Drought surcharge rates.
1. Effective Date. Upon a drought declaration, drought surcharge rates provided for in the
effective water utility rate structure adopted by the city commission shall go into effect
pursuant to the drought stage, customer class, and water rate tier, as applicable.
2. Billing Cycle. Drought surcharge rates shall not go into effect prior to the effective date of
the declared drought, and shall be reflected in utility customer billing statements representing
water usage during the declared drought.
D. Water Superintendent Emergency Authority. Nothing in this division diminishes the
authority given to the water superintendent in 40.02.840 to prohibit or restrict water use during
an emergency.
E. Irrigation systems; timing. When drought restrictions are in effect, the city manager may set
alternative watering time and/or duration restrictions for the use of automatic irrigation systems
or those which are equipped with a timing device.
F. Landscaping; seeding; sodding; planting. When drought restrictions are in effect, the city
manager may restrict or wholly prohibit the seeding, sodding or planting of live vegetation.
Landscaping not installed for new development projects due to the implementation of this
section may be allowed an extended time to complete landscaping improvements of an additional
12 months to the timing provisions outlined in 38.270.060 for the purpose of receiving issuance
of a certificate of occupancy.
G. Restriction of certain outdoor uses when drought restrictions are in effect.
1. Hosing or washing down hard or paved surfaces.
a. When drought restrictions are in effect, hosing or washing down hard or paved
surfaces including, but not limited to, sidewalks, walkways, driveways, parking areas,
outside building walls, patios or alleys is prohibited.
b. When it is necessary to hose or wash down hard or paved surfaces for purposes
essential to protect public health, sanitation, safety, and welfare, the following devices may
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Ordinance No. 2110, An Ordinance Amending the City’s Outdoor Water Use Restrictions, and
Establishing Drought Contingency Response and Standards
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be used: hand-held bucket or similar container; hand-held hose equipped with a positive shut-
off nozzle or device; and low volume, high-pressure cleaning machine.
2. Hosing or washing down vehicles.
a. When drought restrictions are in effect, hosing or washing down motorized and non-
motorized vehicles, including but not limited to automobiles, trucks, vans, buses,
motorcycles, boats, bikes and trailers is prohibited.
b. The following devices are exempt from this restriction: use of hand-held bucket or
similar container; use of hand-held hose equipped with a positive shut-off nozzle or device;
and commercial car washing facility.
3. A drought declaration may warrant the implementation of drought restrictions that require
additional curtailments of outdoor water uses beyond those identified in this division. All
additional curtailments must consider the city’s Drought Management Plan.
H. Restriction of particular indoor uses when drought restrictions are in effect.
1. Water served only upon request. When drought restrictions are in effect, business
establishments are prohibited from serving complimentary water for human consumption
unless requested by a customer.
2. Option not to have towels/linens laundered. Whenever drought restrictions are in effect,
hotels, motels, and other commercial lodging establishments must provide guests the option
to decline having used towels and linens laundered daily. Such establishments must
prominently display notice of this option in each room using clear and easily understood
language.
Section 8
That Section 40.02.1310, “Notice required” will be re-named and amended as follows:
Sec. 40.02.1310. -Notice required. -Wasting water prohibited.
Restrictions or prohibitions imposed by the director of public works shall become effective at
midnight immediately following the publication of notice thereof in any daily newspaper
published in the city.
No person shall waste water which shall include but not be limited to permitting water to escape
or run to waste, excessive use, and escape of water through breaks, leaks, or malfunctions in the
plumbing or irrigation system.
Section 9
That Section 40.02.1320, “Wasting water prohibited,” will be appealed in its entirety.
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Establishing Drought Contingency Response and Standards
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Section 10
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 11
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 12
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 13
Codification.
This Ordinance shall be codified as indicated in Sections 1 – 9.
Section 14
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 3rd day of May, 2022.
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Ordinance No. 2110, An Ordinance Amending the City’s Outdoor Water Use Restrictions, and
Establishing Drought Contingency Response and Standards
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____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 20__. The effective date of this ordinance is __________, __, 20__.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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