The purpose of this division is to provide for the declaration of a water supply emergency and the implementation of voluntary and mandatory water conservation measures throughout the city if such an emergency is declared, and to set forth penalties for noncompliance with this division.

(Ord. 3051, § 1, 2-14-89; Code 2016, Sec. 94-481)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a)   Designation of stages means the three incremental stages of the Drought Response Plan as adopted, each of which stages shall be designated by the appropriate person or entity, and upon designation, the city shall cause the publication of a notice of implementation of such stage, by publication in the official city newspaper and/or by broadcast via any radio and/or television station having general coverage in the city.

(b)   Odd/even rationing means, when applicable, those customers with odd-numbered residential addresses will be allowed outdoor water use on odd-numbered days while customers with even- numbered residential addresses will be allowed outdoor watering on even-numbered days.

(c)   Outdoor water times means outdoor watering for any purpose, in addition to other restrictions contained in this division, shall be prohibited between the hours of 10:00 a.m. and 9:00 p.m.

(d)   Outdoor water use means the use of water for growing, raising or maintaining plants, shrubs and trees as a business, for the purpose of sale and/or resale, and shall include the practices of those commercial enterprises and businesses which require the use of outdoor watering as an integral part of the business; provided, however, that in no event shall commercial watering include any outdoor watering for personal or private purposes. Outdoor water use shall also include residential private use for the irrigation of lawns, shrubs, flowers, trees, vegetable gardens, washing down of sidewalks and driveways and the filling or adding of water to swimming pools, and other similar practices and acts.

(e)   Wholesale customer means any rural water districts, wholesale water supplies or other entities which may purchase or receive water from the city for the purpose of resale or redistribution to their customers.

(Ord. 3051, § 2, 2-14-89; Ord. 3410, § 1, 9-24-12; Code 2016, Sec. 94-482)

Whenever the governing body or city administrator of the city finds that an emergency exists by reason of a shortage of water or because of deteriorating water quality, it shall be empowered to declare that a water supply emergency exists and that it will impose, by stages, restrictions on water use during the period of the emergency. Such an emergency shall be deemed to continue until it is declared by the governing body or city administrator to have ended. The declaration of the existence and or end of a water supply emergency shall be effective upon publication in the official city newspaper. The City of Iola will notify wholesale customers to implement their individual water emergency plans.

(Ord. 3051, § 3, 2-14-89; Ord. 3410, § 1, 9-24-12; Code 2016, Sec. 94-483)

(a)   Stage I Water Watch shall be implemented when the city’s storage has fallen below 85 percent capacity and will not recover or the Cottonwood/Neosho Water Assurance District #3 has issued a Stage I Water Watch.

       Stage I Water Watch regulation actions shall be as follows:

(1)   During Stage I Water Watch the public will be asked to curtail some outdoor water use and to make efficient use of indoor water, i.e. wash full loads, take short showers, don’t let faucets run, etc.

(2)   During Stage I the city will publish, in the official city newspaper, a list of water conservation measures designed to assist customers in the conservation of water.

(b)   Stage II Water Warning will be triggered if the city’s storage has fallen below 70 percent and will not recover or the Cottonwood/Neosho Water Assurance District #3 has issued a Stage II Water Warning.

       Stage II Water Warning shall have the following regulation actions:

(1)   An odd/even lawn watering system will be imposed on city residents. Residents with odd- numbered addresses will water on odd days; even addresses will water on even days.

(2)   Outdoor water use, including lawn watering and residential car washing, will be restricted to before 10:00 a.m. and after 9:00 p.m.

(3)   Refilling of swimming pools will be allowed one day a week, after sunset.

(4)   Waste of water will be prohibited.

(c)   Stage III Water Emergency will be triggered if the city’s storage has fallen below 50 percent capacity or the Cottonwood/Neosho Water Assurance District #3 has issued a Stage III Water Emergency.

       Stage III Water Emergency shall have the following regulation actions:

(1)   Outdoor water use will be banned.

(2)   Waste of water will be prohibited.

(Ord. 3051, § 4, 2-14-89; Ord. 3410, § 1, 9-24-12; Code 2016, Sec. 94-484)

In the event of voluntary or mandatory restrictions the odd/even system, as described in section 15-1302, will be employed.

(Ord. 3051, § 2, 2-14-89; Code 2016, Sec. 94-485)

Any person accused of violating any of the provisions of this division shall be notified in writing that such accusation has been made, and the accused party may request a hearing before the governing body, and may present evidence in defense of such accusation. If a request for hearing is not served on the governing body within three business days following the service of the written accusation, or if the governing body finds the allegations are true, the following penalties shall be imposed:

(a)   First violation: The accused party shall be issued a formal warning.

(b)   Second violation: Termination of water service and a resumption of services fee in the sum of $50.00 shall be paid before water service resumes.

(c)   Third or any subsequent violation: Resumption of services fee of $200.00.

(Ord. 3051, § 5, 2-14-89; Code 2016, Sec. 94-486)

Nothing in this division shall limit the ability of any properly authorized city official from terminating the supply of water to any or all customers upon the determination of such city official that emergency termination of water service is required to protect the health and safety of the public.

(Ord. 3051, § 6, 2-14-89; Code 2016, Sec. 94-487)