AN ORDINANCE AMENDING YAMHILL MUNICIPAL CODE, TITLE 3, UTILITIES, BY ADDING CHAPTER 3.54, WATER CONSERVATION REGULATIONS, OF THE YAMHILL MUNICIPAL CODE; AND DECLARING AN EMERGENCY.

WHEREAS, Yamhill City Municipal Code Title 3, Section 3.04.120, Amendments - City Council, authorizes the Council to amend the Rules and Regulations as may be necessary for the efficient operation of the Water Department; and

WHEREAS, the Yamhill City Council as a condition of the loan for the water facility upgrade, the City has been required to establish a "Water Conservation Program"; and

WHEREAS, in an effort to develop a timely, orderly, and efficient arrangement of public facilities and services as a framework for future development; NOW THEREFORE;

THE CITY OF YAMHILL ORDAINS AS FOLLOWS:

SECTION 1. Yamhill Municipal Code Chapter 3.54, Water Conservation Regulations, is hereby added to read as follows:

Sections:

3.54.010 Findings and Declaration of a Water Emergency
3.54.020 Levels of Prohibition
3.54.030 Enforcement
3.54.040 Violation--Penalties
3.54.050 Amendments, Special Rules, Contracts

3.54.010 Findings and Declaration of a Water Emergency.

(A) Upon a finding that the municipal water supply system is incapable of providing an adequate water supply for normal usage due to a prolonged drought, system failure, or any other event, the Superintendent, after consultation with the Mayor (if possible), may declare that water usage must be curtailed.

(B) The declaration shall include the effective date, the reason for the declaration, and the level of prohibition declared. After the Superintendent/Mayor's declaration, the City Council shall examine the declaration and any curtailment actions. The Council may there after take whatever steps it deems necessary to address the water emergency, including continuing the restrictions and limitations imposed by the Superintendent/Mayor, modifying them, or eliminating them if the Council finds that the emergency has been abated or eliminated. The City Council may include an estimated time for review or revocation of the declaration.

(C) If the Superintendent/Mayor fails or is unable to declare a water emergency, the City Council has the right to do so, providing it makes the necessary written findings and sets out the facts giving rise to the water emergency.

3.54.020 Levels of Prohibition.

(A) Level I - Limited. The following activities or actions are prohibited under a Level I declaration:

(1) Watering, sprinkling or irrigating lawn, grass or turf; exceptions:

(a) New lawn, grass or turf that has been seeded or sodded 90 days prior to declaration of a water shortage may be watered as necessary until established;

(b) High-use athletic fields that are used for organized play.

(2) Watering, sprinkling or irrigating flowers, plants, shrubbery, groundcover, crops, vegetation, or trees except from 6:00 p.m. to 10:00 a.m.

(3) Washing, wetting down or sweeping with water, sidewalks, walks and ways, driveways, parking lots, open ground or other hard surfaced areas; exceptions:

(a) Where there is a demonstrable need in order to meet public health or safety requirements, such as: to alleviate immediate fire or sanitation hazards; for dust: control to meet air quality requirements mandated by the Oregon Department of Environmental Quality;

(b) Power washing of buildings, roofs and homes prior to painting, repair, remodeling or reconstruction, and not solely for aesthetic purposes.

(4) Washing trucks, cars, trailers, tractors or other land vehicles or boats or other water-borne vehicles, except by commercial establishments or fleet washing facilities which recycle or reuse the water in their washing processes, or by bucket and hose with shut-off mechanism; exceptions:

(a) Where the health, safety and welfare of the public is contingent upon frequent vehicle cleaning, such as: to clean garbage trucks and vehicles that transport food and other perishables, or otherwise required by law. Owners/operators of these vehicles are encouraged to utilize establishments which recycle or reuse the water in their washing process.

(5) Cleaning, filling or maintaining decorative water features, natural or man made, including but not limited to, fountains, lakes, ponds and streams, unless the water is re-circulated through the decorative water feature. Water features which do not include continuous or constant in-flowing water are not included.

(6) Wasting water by leaving unattended hoses running.

(7) Other actions deemed necessary by the City administration.

(B) Level II - Moderate. The following activities or actions are prohibited under a Level II declaration; where not covered, the Level I restriction still applies:

(1) Watering of any lawn, grass or turf; regardless of age or usage.

(2) Watering, sprinkling or irrigating flowers, plants, shrubbery, groundcover, crops, vegetation, or trees.

(3) Washing of vehicles other than in establishment which recycles its water.

(4) Power washing of buildings, regardless of purpose, is prohibited.

(C) Level III - Severe. In addition to the restrictions in Level II, the following actions may by taken under Level III:

(1) Restriction or limitation of residential usage.

(2) Restriction or limitation of activities which require or may require the need for water supplies. By way of example, this restriction might be placed upon a fireworks display which would otherwise be allowed under state law and local ordinance.

(3) Any restriction which is identified by the City Recorder or Public Works Superintendent.

(4) Any restriction which is identified by the Fire Chief.

(D) Failure of any water user to receive actual notice of the declaration of a water emergency or the actions deemed necessary by the superintendent to address the emergency shall not relieve the user of obeying any restrictions or restrictions on the use of water imposed by the Superintendent.

3.54.030 Enforcement.

(A) Warning. Each violation shall receive a warning. The letter of warning shall be in writing, shall specify the violation, may require compliance measures, and shall be served upon the resident either personally, by office or substitute service, or by certified or registered mail, return receipt requested.

(B) Citation. After the resident has received a warning letter, any subsequent violation shall be treated as a civil infraction pursuant to Chapter 1.36 General Penalty, of the Yamhill Municipal Code.

3.54.040 Violation--Penalties.

(A) First violation - Warning letter.

(B) Second violation of same type - Class C infraction

(C) Third violation of same type - Class B infraction

(D) Fourth and subsequent violation - Class A infraction

(E) Third and subsequent violations under Level III may include water shut-off.

(F) In addition, the City bring an action against any person, entity, or other water user violating the terms of any restriction or limitation imposed by the City pursuant to sections 3.54.010 thru 3.54.050. In such event, the City shall be entitled to all costs and expenses (including attorney's fees) caused or resulting from the user's failure or refusal to comply with the terms of the restrictions imposed by the City Recorder or Council.

3.54.050 Amendments, Special Rules, Contracts. The City Council shall have the power, at any time, to amend, change, or modify any rule, rate, or charge, and to make special rules, and contracts, and all water service is subject to such power.

SECTION 2. This Ordinance hereby adds Yamhill Municipal Code Chapter 3.54, Water Conservation Regulations. All remaining portions of Yamhill Municipal Code, Title 3, Utilities, are hereby reaffirmed in their entirety.

SECTION 3. This Ordinance being necessary for the immediate preservation of the public peace, health and safety of the City of Yamhill, Oregon, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect immediately upon passage.

INTRODUCED AND ADOPTED by the City of Yamhill Council and signed by me in authentication of its passage this 22nd day of September , 1999.