§ 24-2. Certain uses of water during water shortage emergencies prohibited.

(a)

Definitions. For the purposes of this section, the following words shall have the meaning given herein:

(1)

City: The City of Effingham.

(2)

Person: Any person, firm, partnership, association, corporation, company or organization of any kind.

(3)

Water: Water from the City of Effingham Water System.

(4)

Water shortage emergency : A situation existing within the city which, in the opinion of the city administrator, poses a threat to the health, welfare and safety of the city due to the shortage of treated water.

(b)

Application. The provisions of this section shall apply to all persons using water from the City of Effingham Water Treatment Plant both inside and outside of the city regardless of whether any person using water shall have a contract for water service with the city.

(c)

Uses prohibited. Upon designation of a water shortage emergency by the city administrator, the use and withdrawal of water by any person for any of the following purposes may be prohibited:

(1)

The sprinkling, water, or irrigation of shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens, vegetables or any other vegetation;

(2)

The washing of any automobiles, trucks, trailer houses, railroad cars or any other type of mobile equipment;

(3)

The washing of sidewalks, driveways, filling station aprons, porches and other outdoor surfaces;

(4)

The washing of the outside of buildings;

(5)

The washing and cleaning of any business or industrial equipment and machinery;

(6)

Filling of new swimming and wading pools and refilling of existing pools not employing a filter and recirculating system; provided, however, that this shall not apply to filling of pools currently under construction only to the extent necessary to complete construction;

(7)

The escape of water through defective plumbing, which shall mean the knowing permission for defective plumbing to remain out of repair.

The city administrator shall make a determination as to which of the above use(s) shall be prohibited during such periods of water shortage emergencies.

(d)

Use to maintain health and sanitation. The operations manager shall have authority to permit a reasonable use of water in any case necessary to maintain adequate health and sanitation standards.

(e)

Enforcement by police officers. Every police officer of the City of Effingham shall, in connection with his duties imposed by law, diligently enforce the provisions of this section.

(f)

Discontinuance of water service. The operations manager shall have the authority to enforce the provisions of this section by the discontinuance of water service in the event of violation thereof; provided however, that upon the first such violation, the person so violating this section shall receive a written warning. Any future violations shall be subject to the immediate discontinuance of service and the penalties provided hereafter.

(g)

Penalty for violation. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined an amount not exceeding one hundred dollars ($100.00). Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

(Ord. No. 39-88, §§ 1—7, 6-29-88; Ord. No. 31-2010, Art. IV, § XXXV, 4-29-2010; Ord. No. 71-2010, § II, 10-19-2010; Ord. No. 23-2012, §§ II—IV, 5-15-2012)