(a) 
This drought contingency plan describes the conditions that require short-term water demand management in the city and establishes policies and procedures that offer strategies for a timely and effective response. In general, such a response would be needed when water use in the area served by the city approaches the system's supply, treatment, or delivery capacity. Examples include drought conditions, unusually high-water demands, unforeseen equipment or system failure, or contamination of a water supply source.
(b) 
To conserve the available water supply and protect the integrity of water supply facilities, with regard to domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the city council adopted this drought contingency plan (the plan), by city council Ordinance 2022-1201D as presented in exhibit A.
(c) 
The strategies offered in the plan are based on current projected water availability. It should be noted that the effectiveness of the plan is impacted by the availability and allocation of the raw water supply during drought conditions and the level of customer compliance with the strategies offered in the plan. The raw water supply availability is dependent upon the water usage by current and future users of the raw water in the reservoirs. These factors are dynamic and, if circumstances warrant, modifications to the strategies offered in the plan may be necessary. Therefore, this plan as approved by the city council on December 1st, 2022, gives the director of the public works department the authority to modify the strategies in the plan as conditions warrant.
(d) 
Water uses regulated or prohibited under this drought contingency plan are nonessential and continuation of such uses during times of water shortage or other emergency water supply conditions is deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in section 13.08.074 of this plan.
(e) 
This drought contingency plan meets Texas Commission on Environmental Quality (TCEQ) rules of development and minimum requirements for the drought contingency plans for municipal water suppliers and wholesale water suppliers contained in Texas Administrative Code (TAC) title 30, part 1, chapter 288, subchapter B, rules 288.20 and 288.22, respectively. Refer to appendix B for the TAC, title 30, chapter 288, subchapter B.
(Ordinance 2022-1201D adopted 12/1/2022)
(a) 
The director of the public works department or authorized designee shall monitor water supply and/or demand conditions, at a minimum, on a weekly basis and shall determine when conditions warrant initiation or termination of each stage of the plan, that is, when the specified "triggers" are reached. The director of the public works department reserves the authority to recommend that a stage be or not be initiated based on:
(1) 
Weather conditions.
(2) 
Total water supply availability, or water sub-system supply availability.
(3) 
Rate of water supply decline or replenishment; or
(4) 
Anticipation of change in water supply/treatment/distribution capacity.
(b) 
Upon recommendation of the director of the public works, the city manager may initiate, upgrade, or downgrade a stage when the conditions triggering that stage occur. Retail customer notification of the initiation or termination of drought response stages will be made by the director of public works or the director of public works designee.
(c) 
Wholesale water customer notification of the initiation or termination of drought response stages will be made by the director of public works or director of public works designee directly by fax, mail, e-mail, telephone, or other means of communication that allows for a confirmation of receipt by the customer.
(d) 
Additional notification:
(1) 
The director of the public works department or authorized designee shall notify directly, or cause to be notified directly by fax, mail, e-mail, or telephone, the following individuals, and entities as appropriate to the respective drought stages:
(A) 
Mayor and members of the city council.
(B) 
City and/or county emergency management coordinator(s).
(C) 
County judge and commissioner(s).
(D) 
State disaster district/department of public safety.
(E) 
Executive director of the TCEQ (required within five (5) business days of the implementation of any mandatory restrictions).
(F) 
Critical water users (e.g., hospitals).
(G) 
Parks/street superintendents and public facilities managers.
(2) 
The triggering criteria described below are based on the ability of the city to deliver treated water to the customers. Modeling of the reservoir system shows how supplies would be diminished during a drought equal to the drought of record. Each water supply sub-system was modelled separately. To set trigger conditions, the city also examined water demand and the system's delivery capacity. The trigger levels were selected to provide adequate supply for each critical sub-system throughout the drought of record. The trigger conditions for short-term deficiencies limiting water supply capability are based on how much water supply or delivery capacity remains available relative to water demand, for all or part of the system.
(Ordinance 2022-1201D adopted 12/1/2022)
(a) 
Stage 1 triggers.
(1) 
Requirements for initiation.
Customers shall be requested to adhere to voluntary measures and shall be required to comply with the requirements and mandatory restrictions on certain nonessential water uses provided in this plan when:
(A) 
Either: (i) the total raw water supply in connected lakes (east and west); or (ii) the western lakes; or (iii) the eastern lakes have dropped below 65% (35% depleted) of DWU's share of the total conservation storage of the lakes;
(B) 
Water demand has reached or exceeded 85% of delivery capacity for 4 consecutive days;
(C) 
Water demand approaches a reduced delivery capacity for all or part of the system, as determined by the city;
(D) 
Water line breaks or pump or system failures, which impact the ability of the city to provide treated water service; or
(E) 
Natural or manmade contamination of the water supply source(s) occurs.
(2) 
Requirements for termination.
Stage 1 may be terminated when stage 1 conditions no longer exist and would be unlikely to recur upon termination.
(b) 
Stage 2 triggers.
(1) 
Requirements for initiation.
Customers shall be requested to adhere to voluntary measures and shall be required to comply with the requirements and mandatory restrictions on certain nonessential water uses provided in this plan when:
(A) 
Either: (i) the total raw water supply in connected lakes (east and west); or (ii) the western lakes; or, (iii) the eastern lakes have dropped below 50% (50% depleted) of DWU's share of the total conservation storage of the lakes;
(B) 
Water demand has reached or exceeded 90% of delivery capacity for 3 consecutive days;
(C) 
Water demand equals a reduced delivery capacity for all or part of the system, as determined by the city;
(D) 
Water line breaks or pump or system failures occur, which impact the ability of the city to provide treated water service; or
(E) 
Natural or manmade contamination of the water supply source(s) occurs.
(2) 
Requirements for termination
Stage 2 may be terminated when stage 2 conditions no longer exist and would be unlikely to recur upon termination.
(c) 
Stage 3 triggers.
(1) 
Requirements for initiation.
Customers shall be required to comply with the requirements and mandatory restrictions on certain nonessential water uses provided in this plan when:
(A) 
Either (i) the total raw water supply in connected lakes (east and west); or (ii) the western lakes; or (iii) the eastern lakes have dropped below 35% (65% depleted) of DWU's share of the total conservation storage;
(B) 
Water demand has reached or exceeded 95% of delivery capacity for 2 consecutive days;
(C) 
Water demand exceeds a reduced delivery capacity for all or part of the system, as determined by the city;
(D) 
Water line breaks or pump or system failures occur, which impact the ability of the city to provide treated water service; or
(E) 
Natural or manmade contamination of the water supply source(s) occurs.
(2) 
Requirements for termination.
Stage 3 of the plan may be terminated when the stage 3 conditions no longer exist and would be unlikely to recur upon termination.
(Ordinance 2022-1201D adopted 12/1/2022)
The director of the public works department, or appointed designee, shall monitor water supply and/or demand conditions on a weekly basis and, in accordance with the triggering criteria set forth in this plan, shall determine if conditions existed that would trigger any of the designated drought stages, and if so, shall implement the following actions:
(1) 
Stage 1 response.
(A) 
Target.
Achieve a 5 percent reduction in total gallons per capita per day (GPCD).
(B) 
Water use restrictions for demand reduction.
Following is a menu of possible actions. Specific actions taken during any drought situation will be determined by the director of the public works department. The director of public works may also take other actions not listed, if deemed necessary.
(C) 
All water users.
(i) 
Landscape uses.
a. 
All water customers are reminded to observe all requirements of the water conservation ordinance, which includes a mandatory maximum 2-days-per-week landscape watering schedule and require watering only during allowed watering hours as defined in section 13.08.001. Irrigation of landscaped areas with hose-end sprinklers and automatic irrigation systems is limited to Sundays and Thursdays for customers with a street address ending in an even number (0, 2, 4, 6 or 8) and for locations without addresses and limited to Saturdays and Wednesdays for water customers with a street address ending in an odd number (1, 3, 5, 7 or 9). Apartments, office building complexes or other properties containing multiple addresses may be identified by the lowest address number.
b. 
Encourage reduction of water use through voluntary maximum 1-day-per-week landscape watering schedule.
c. 
Discourage planting of new landscapes, including lawns, hydro-seeding, and sod.
(ii) 
Swimming pools and other recreational uses.
a. 
Encourage reduction in frequency in draining and refilling of swimming pools.
b. 
Prohibit recreational water usage, including the use of faucets, hoses, or hydrants, which results in water run-off or other prohibited waste of water.
(iii) 
Foundations.
Foundations may be watered on any day of the week and at any time. Foundations may be watered with a drip irrigation system, soaker hose or a hand-held hose equipped with a positive shutoff nozzle.
(iv) 
Vehicle washing.
Restrict washing of any motor vehicle, motorbike, boat, trailer, airplane, or other vehicle to the use of a hand-held bucket or a hand-held hose equipped with a positive shut-off nozzle for quick rinses. Vehicle washing may be done at any time on the immediate premises of a commercial vehicle wash facility or commercial service station. Companies with an automated on-site vehicle washing facility may wash vehicles at any time.
(D) 
City government.
(i) 
Initiate public education campaign teaching and encouraging reduced water use practices.
(ii) 
Intensify normal leak detection and repair activities on water pipes and mains.
(iii) 
Require reduction of water use through mandatory maximum twice weekly landscape watering schedule for city parks and golf courses.
(iv) 
Encourage reduction of water use in city-owned ornamental fountains.
(v) 
Encourage additional reduction in landscape uses for parks.
(vi) 
Encourage 25 percent reduction in frequency of wet street sweeping and city vehicle washing and rinsing.
(vii) 
Increase enforcement efforts through proactive code enforcement.
(E) 
Commercial customer.
(i) 
Identify and encourage voluntary reduction measures by high-volume water users through water use audits.
(ii) 
Require reduction of water use through mandatory maximum twice weekly landscape watering schedule for private parks and golf courses.
(iii) 
Encourage additional reduction in landscape uses for parks.
(iv) 
Encourage reduction in water use for landscape nursery stock.
(v) 
Encourage area restaurants to serve customers water by request only.
(vi) 
Encourage hotel/motels to request multiple day patrons to reuse linens instead of changing every day.
(F) 
Wholesale untreated water customers.
Require implementation of like procedures by wholesale water customers in accordance with their water contracts, state mandated drought and conservation plans, state law and TCEQ regulations.
(G) 
Wholesale water customer.
Require implementation of like procedures by wholesale water customers in accordance with their water contracts, state mandated drought and conservation plans, state law and TCEQ regulations.
(H) 
Interruptible water customers.
Reduce usage for interruptible customers per contract terms.
(2) 
Stage 2 response.
(A) 
Target.
Achieve a 15 percent reduction in total gallons per capita per day (GPCD).
(B) 
Water use restrictions for demand reduction.
Following is a menu of possible actions. Specific actions taken during any drought situation will be determined by the director of the public works department. The director of the public works department may also take other actions not listed, if deemed necessary. All requirements of stage 1 shall remain in effect during stage 2, and the following additional measures will be required:
(C) 
All water users.
(i) 
Landscape uses.
All water customers are reminded to observe all requirements of the water conservation ordinance. Additionally, require reduction of water use through mandatory maximum 1-day-per-week landscape watering schedule and require watering only during allowed watering hours. Irrigation of landscaped areas with hose-end sprinklers and automatic irrigation systems will be limited to trash pick-up days for residential customers and Wednesdays for commercial customers. Strongly discourage planting of new landscapes, including lawns, hydro-seeding, and sod.
(ii) 
Swimming pools and other recreational uses.
a. 
Encourage further reduction in frequency in draining and refilling of swimming pools.
b. 
Continue to prohibit recreational water usage, including the use of faucets, hoses, or hydrants, which results in water run-off or other prohibited waste of water.
(iii) 
Foundations.
Foundations may be watered on any day of the week and at any time. Foundations may be watered with a drip irrigation system, soaker hose or a hand-held hose equipped with a positive shut-off nozzle.
(iv) 
Vehicle washing.
Restrict washing of any motor vehicle, motorbike, boat, trailer, airplane or other vehicle to the use of a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rinses. Vehicle washing may be done at any time on the immediate premises of a commercial vehicle wash facility or commercial service station. Companies with an automated on-site vehicle washing facility may wash vehicles at any time.
(v) 
High demand surcharge.
a. 
Residential customers: A 25 percent rate increase for high water demand users (greater than 15,000 gallons per month per account) shall be initiated to discourage nonessential use.
b. 
Commercial customers: A 25 percent rate increase for high water demand users (greater than 10,000 gallons and 1.4 times annual average monthly usage per account) shall be initiated to discourage nonessential use.
(D) 
City government.
(i) 
Initiate engineering studies to evaluate alternatives to mitigate drought conditions should conditions worsen.
(ii) 
Accelerate public education campaign teaching and encouraging reduced water use practices.
(iii) 
Continue intensified leak detection and repair activities on water pipes and mains.
(iv) 
Prohibit flushing of new mains not immediately required to provide service.
(v) 
City government restricted to mandatory maximum once weekly landscape watering schedule.
(vi) 
Require reduction of water use through mandatory once weekly landscape watering schedule for city parks and golf courses.
(vii) 
Prohibit operation of city-owned ornamental fountains and water features.
(viii) 
Reduce frequency of wet street sweeping and city vehicle washing or rinsing by 50 percent.
(ix) 
Increase enforcement efforts through proactive code enforcement.
(E) 
Commercial customers.
Require reduction of water use through mandatory maximum once weekly landscape watering schedule for private parks and golf courses.
(F) 
Wholesale water customer.
Require water demand reductions in accordance with contract obligations for wholesale water customers.
(G) 
Wholesale water contracts.
Every offer for a new wholesale contract shall be reviewed. An assessment of the current and future water delivery capacity of the city for the contract terms will be performed to ensure the sustainability of DWU's commitments to current customers.
(3) 
Stage 3 response.
(A) 
Target:
Achieve a 20 percent reduction in total gallons per capita per day (GPCD).
(B) 
Water use restrictions for reducing demand:
Following is a menu of possible actions. Specific actions taken during any drought situation will be determined by the director of the public works department. The director of the public works department may also take other actions not listed, if deemed necessary. All requirements of stages 1 and 2 shall remain in effect during stage 3, and the following additional measures will be required:
(C) 
All water users.
(i) 
Landscape uses.
a. 
Irrigation of turf, shrubs, perennials, annuals, ground covers and any other landscaped area by any method is absolutely prohibited. Trees may be irrigated with drip irrigation system, soaker hoses or with a hand-held hose one day per week on the stage 2 watering schedule and within the permitted watering hours.
b. 
Installation of new landscapes or turf areas is prohibited.
c. 
Operation of any water feature, ornamental fountain or pond that uses potable water is prohibited except were supporting aquatic life or water quality.
(ii) 
Swimming pools and other recreational uses.
a. 
Prohibit the filling, draining, and refilling of existing swimming pools, wading pools, Jacuzzi, and hot tubs except to maintain structural integrity, proper operation and maintenance or alleviate a public safety risk. Existing pools may add water to replace losses from normal use and evaporation.
b. 
Permitting of new swimming pools, wading pools, water features, Jacuzzi and hot tubs is prohibited.
c. 
Continue to prohibit recreational water usage, including the use of faucets, hoses or hydrants, which results in water run-off or other prohibited waste of water.
(iii) 
Foundations.
Foundations may be watered one day per week on the stage 2 watering schedule within the permitted watering hours. Foundations may be watered with a drip irrigation system, soaker hose or a hand-held hose equipped with a positive shutoff nozzle. Water run-off is absolutely prohibited.
(iv) 
Vehicle washing.
Use of water to wash any motor vehicle, motorbike, boat, trailer or other vehicle not occurring on the premises of a commercial vehicle wash facility or commercial service stations is prohibited. Companies with an automated on-site vehicle washing facility may wash its vehicles at any time. Further, such washing may be exempt from these requirements if the health, safety and welfare of the public are contingent upon frequent vehicle cleansing, such as garbage trucks and commercial vehicles used to transport food and perishables.
(v) 
Impervious surface cleaning.
Hosing and washing of paved areas, buildings, structures, windows or other surfaces is prohibited except by variance and performed by a professional service using high efficiency equipment.
(vi) 
High demand surcharge.
a. 
Residential customers: A 50 percent rate increase for high water demand users (greater than 15,000 gallons per month per account) shall be initiated to discourage nonessential use.
b. 
Commercial customers: A 50 percent rate increase for high water demand users (greater than 10,000 gallons and 1.4 times annual average monthly usage per account) shall be initiated to discourage nonessential use.
(vii) 
New service.
No application for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage or a higher-numbered stage shall be in effect.
(D) 
City government.
(i) 
Wet street sweeping and city vehicle washing, or rinsing is prohibited except for reasons of public health, safety and welfare.
(ii) 
Municipal landscape watering prohibited except golf courses (see below).
(iii) 
Watering of golf course greens and tee boxes are restricted to the allowed watering hours as defined in section 13.08.001; watering of other golf course areas and parks is prohibited.
(E) 
Commercial customers.
Watering of golf course greens and tee boxes are restricted to the allowed watering hours; watering of other golf course areas or parks is prohibited unless the golf course uses a water source other than that provided by the City of Dallas.
(F) 
Wholesale water contracts.
No new wholesale contracts shall be entertained unless there is an emergency. Every request for a new wholesale contract shall be reviewed. An assessment of the current and future water delivery capacity of the city for the contract terms will be performed to ensure the sustainability of DWU's commitments to current customers.
(Ordinance 2022-1201D adopted 12/1/2022)
(a) 
Wholesale water customers.
In the event that the triggering criteria specified in section 13.08.062 of the plan for stage 3 have been met, the director of the public works department is hereby authorized to initiate allocation of water supplies on a pro rata basis in accordance with the latest revision of Texas Water Code, section 11.039, which states:
§ 11.039. Distribution of water during shortage:
(a)
If a shortage of water in a water supply not covered by a water conservation plan prepared in compliance with Texas Commission on Environmental Quality or Texas Water Development Board rules results from drought, accident, or other cause, the water to be distributed shall be divided among all customers pro rata, according to the amount each may be entitled to, so that preference is given to no one, and everyone suffers alike.
(b)
If a shortage of water in a water supply covered by a water conservation plan prepared in compliance with Texas Commission on Environmental Quality or Texas Water Development Board rules results from drought, accident, or other cause, the person, association of persons, or corporation owning or controlling the water shall divide the water to be distributed among all customers pro rata, according to:
1.
The amount of water to which each customer may be entitled; or
2.
The amount of water to which each customer may be entitled, less the amount of water the customer would have saved if the customer had operated its water system in compliance with the water conservation plan.
(c)
Nothing in subsection (a) or (b) precludes the person, association of persons, or corporation owning or controlling the water from supplying water to a person who has a prior vested right to the water under the laws of this state.
(b) 
The city may curtail water deliveries or reduce diversions in accordance with the terms and conditions of its wholesale water supply contracts. If necessary, or if specific contract provisions are not provided for, The city may curtail water deliveries or reduce diversions in accordance with Texas Water Code, section 11.039. The city will have authority to restrict flow to its wholesale water customers through the rate-of-flow controllers.
(c) 
Pro rata water allocations, determined as a percentage reduction of the wholesale customer's water usage, will be established by the director of the public works department at the time of implementation. The total volume reduction for each wholesale customer will be calculated on a monthly basis, based on average water usage for the previous three years. The director of the public works department will establish the percentage reduction based on an assessment of the severity of the water shortage condition and the need to curtail water diversions and/or deliveries, and the percentage reduction may be adjusted periodically by the director of the public works department. Once pro rata allocation is in effect, water diversions by or deliveries to each wholesale water customer will be limited to the allocation established for each month.
(Ordinance 2022-1201D adopted 12/1/2022)
The city administrator or her designee is hereby authorized and directed to implement the applicable provisions of this plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The city administrator or her designee shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this plan.
(Ordinance 2022-1201D adopted 12/1/2022)
The provisions of this plan shall apply to all persons, customers, and property utilizing water provided by the city. The terms "person" and "customer" as used in the plan to include individuals, corporations, partnerships, associations, and all other legal entities.
(Ordinance 2022-1201D adopted 12/1/2022)
The city does not currently have any wholesale customers but in the event that one is established the city will include a provision in every wholesale water contract entered into or renewed after adoption of the plan, including contract extensions, that in case of a shortage of water resulting from drought, the water to be distributed shall be divided in accordance with Texas Water Code, § 11.039.
(Ordinance 2022-1201D adopted 12/1/2022)
(a) 
Texas water code § 11.039 distribution of water during shortage.
(1) 
If a shortage of water in a water supply not covered by a water conservation plan prepared in compliance with Texas Natural Resource Conservation Commission or Texas Water Development Board rules results from drought, accident, or other cause, the water to be distributed shall be divided among all customers pro rata, according to the amount each may be entitled to, so that preference is given to no one, and everyone suffers alike.
(2) 
If a shortage of water in a water supply covered by a water conservation plan prepared in compliance with Texas Natural Resource Conservation Commission or Texas Water Development Board rules results from drought, accident, or other cause, the person, association of persons, or corporation owning or controlling the water shall divide the water to be distributed among all customers pro rata, according to:
(A) 
The amount of water to which each customer may be entitled; or the amount of water to which each customer may be entitled, less
(B) 
The amount of water the customer would have saved if the customer had operated its water system in compliance with the water conservation plan.
(3) 
Nothing in subsection (1) or (2) precludes the person, association of persons, or corporation owning or controlling the water from supplying water to a person who has a prior vested right to the water under the laws of this state.
(b) 
Texas Water Code § 11.1272. Additional requirement: Drought contingency plans for certain applicants and water right holders.
The commission shall by rule require wholesale and retail public water suppliers and irrigation districts to develop drought contingency plans consistent with the appropriate approved regional water plan to be implemented during periods of water shortages and drought.
(c) 
Title 30 Texas Administrative Code, chapter 288.30(5)(A).
For retail 1 public water suppliers providing water service to 3,300 or more connections, the drought contingency plan must be submitted to the executive director not later than May 1, 2005. Thereafter, the retail public water suppliers providing water service to 3,300 or more connections shall submit the next revision of the plan not later than May 1, 2009, and every five years after that date to coincide with the regional water planning group.
(Ordinance 2022-1201D adopted 12/1/2022)
The service area of Dallas Water Utilities is located within Region C Regional Water Planning Area and the city will provide a copy of this plan to the Region B Planning Group at:
Region C Planning Group
C/o North Texas Municipal Water District
P.O. Box 408
Wylie, TX 75098
(Ordinance 2022-1201D adopted 12/1/2022)
(a) 
Opportunity for the public and the wholesale water customers to provide input into the preparation of the plan was provided by the city by means of:
(1) 
Providing written public notice that a drought contingency plan is being prepared.
(2) 
Notifying all wholesale customers of the proposed plan.
(3) 
Providing a copy of the draft version of this plan to any person who requested it.
(4) 
Convening a public meeting to accept input on the plan.
(b) 
The valuable contributions of the participants helped to create a drought contingency plan that is fair and equitable to all of the residents of Wilmer and its wholesale customer cities.
(Ordinance 2022-1201D adopted 12/1/2022)
(a) 
The city will periodically provide the public with bilingual information about the plan, including information about the conditions under which each stage of the plan is to be initiated or terminated and the drought response measures to be implemented in each stage. This information will be provided by means of, but not limited to, an appropriate combination of the following items:
(1) 
Public service announcements on city site.
(2) 
General circulation in local newspapers.
(3) 
Press releases, media alerts and social media.
(4) 
Mailed water bill inserts.
(5) 
Distribution of fact sheets, brochures, and pamphlets.
(6) 
Post notices of drought contingency plan and water conservation tips at city hall.
(7) 
Public meetings and hearings.
(8) 
Commercial, industrial, and institutional employee handouts (upon request).
(b) 
Effective communication will be maintained with all wholesale water customers or entities through semi-annual wholesale water customer meetings and mailings.
(Ordinance 2022-1201D adopted 12/1/2022)
(a) 
The director, or his/her designee, may, in writing, grant temporary variance for existing water uses otherwise prohibited under this plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the health, safety or welfare for the public or the person requesting such variance and if all of the following conditions are met.
(1) 
Granting of a variance must not cause an immediate significant reduction in the city's water supply.
(2) 
The health, safety, or welfare of other persons will not be adversely affected by granting of the variance.
(3) 
The applicant must demonstrate that the extreme hardship or need is related to the health, safety, or welfare of the person requesting it.
(4) 
Compliance with this plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect.
(5) 
Alternative methods can be implemented which will achieve the same level of reduction in water use.
(6) 
All variances are only in effect during the drought plan stage for which the variance was issued.
(b) 
Persons requesting an exemption from the provisions of this plan shall file a petition for variance with the director of the city's public works. All petitions for variances shall be reviewed by the director, or his/her designee, and shall include the following:
(1) 
Name and address of the petitioner(s).
(2) 
Purpose of water use.
(3) 
Specific provision(s) of the plan from which the petitioner is requesting relief.
(4) 
Detailed statement as to how the specific provision of the plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this plan.
(5) 
Description of the relief requested.
(6) 
Period of time for which the variance is sought.
(7) 
Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this plan and the compliance date.
(8) 
Other pertinent information.
(c) 
Variances granted by the city shall be subject to the following conditions, unless waived or modified by the city or its designee:
(1) 
Variances granted shall include a timetable for compliance.
(2) 
Variances granted shall expire when the plan is no longer in effect, unless the petitioner has failed to meet specified requirements.
(d) 
No variance shall be retroactive or otherwise justify any violation of this plan occurring prior to the issuance of the variance.
(1) 
The director may revoke a variance granted when the director determines that the conditions are not being met or are no longer applicable.
(Ordinance 2022-1201D adopted 12/1/2022)
(a) 
Enforcement.
No person shall knowingly or intentionally allow the use of water from the city for residential, commercial, industrial, agricultural, governmental, or any other purposes in a manner contrary to any provision of this plan, or in an amount in excess of that permitted by the drought response stage in effect at the time pursuant to action taken by the director, or his/her designee, in accordance with provisions of this plan.
(b) 
Fines and fees.
Any person who violates this plan is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $250.00 and not more than $2,000.00. Violations of this plan may also be enforced as an administrative offense using the alternative administrative adjudication procedure set forth in the city's Code of Ordinances, as amended. Each day that one or more of the provisions in this plan is violated shall constitute a separate offense If a person is convicted of two or more distinct violations of this plan, upon due notice to the customer, the city may: (1) install a flow restrictor in the line to limit the amount of water that will pass through the meter in a 24-hour period; or (2) discontinue water served to the premises. Services discontinued, under such circumstances shall be restored only upon payment of a reconnection charge, hereby established at an amount not to exceed $135.00 (or as adjusted by city ordinance), and any other costs incurred by the city in discontinuing service. In addition, suitable assurance must be given to the director that the same action will not be repeated while the plan is in effect. Compliance with this plan may also be sought through injunctive relief in the district court.
(c) 
Violators.
Any person, including a person classified as a water customer of the city, in apparent control of the property where a violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on the person's property shall constitute a rebuttable presumption that the person in apparent control of the property committed the violation, but any such person shall have the right to show that he/she did not commit the violation. Parents shall be presumed to be responsible for violations of their minor children and proof that a violation, committed by a child, occurred on property within the parents' control shall constitute a rebuttable presumption that the parent committed the violation, but any such parent may be excused if he/she proves that he/she had previously directed the child not to use the water as it was used in violation of this plan and that the parent could not have reasonably known of the violation.
(d) 
Enforcement officers.
Any employee of the city, code enforcement, police officer, or other employee designated by the city administrator, may issue a citation to a person he/she reasonably believes to be in violation of this article. The citation shall be prepared in duplicate and shall contain the name and address of the alleged violator, if known, the offense charged, and shall direct him/her to appear in the municipal court on the date shown on the citation for which the date shall not be less than 3 days nor more than 15 days from the date the citation was issued. The alleged violator shall be served a copy of the citation. Service of the citation shall be complete upon delivery of the citation to the alleged violator, to an agent or employee of a violator, or to a person over 14 years of age who is a member of the violator's immediate family or is a resident of the violator's residence. The alleged violator shall appear in municipal court to enter a plea of guilty or not guilty for the violation of this plan. If the alleged violator fails to appear in municipal court, a warrant for his/her arrest may be issued. A summons to appear may be issued in lieu of an arrest warrant. These cases shall be expedited and given preferential setting in municipal court before all other cases.
(Ordinance 2022-1201D adopted 12/1/2022)