ORD NO 16-1992 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. //69 -1992
AN ORDINANCE AUTHORIZING THE IMPLEMENTATION OF WATER CONSERVATION MEASURES FOR THE
PURPOSE OF MANAGING WATER USAGE; PROVIDING FOR PENALTIES FOR FAILURE TO COMPLY WITH
THE CONDITIONS OF THIS ORDINANCE; REPEALING ORDINANCE NO. 11 -1989 AS AMENDED; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS:
SECTION 1: It is hereby determined that in order for the City of Van Buren to
provide and maintain a sufficient and manageable water supply and distribution
system for human consumption, sanitation, and fire protection, and to insure the
safety and well being of the users of water provided by the City of Van Buren, it
is necessary to manage water service demands on the water supply, transmission and
distribution systems of the City of Van Buren by limiting water consumption through
restrictions and prohibitions of the use of City water during certain times of the
year as set out below.
SECTION 2: Definitions: For the purpose of this Ordinance, the following terms
shall have the meanings given herein:
(1) "Users of Water" includes all persons and entities who use and /or purchase
water provided by the distribution system of the City of Van Buren, including Out
of City Water Users.
(2) "Out of City Water Users" includes all persons and entities who purchase
water from the City of Van Buren for individual use, re -sale and /or re- distribution
outside the corporate limits of the City of Van Buren.
SECTION 3:
(a) This section shall apply to all users of water from the City of Van Buren,
Arkansas. An initial conservation phase (Phase I) shall go into effect when lake
levels drop below 100% of capacity (above lowest intake valve), or June 1, whichever
is later, and shall continue through October 31, or until lake levels and City
7` storage reservoirs remain above 85% of capacity for five (5) consecutive days,
whichever is later.
(b) Phase I conservation measures shall consist of the following restrictions
and prohibitions on the use of City watr:
(1) The following uses of water are permitted at locations with even
numbered addresses on even numbered days of the month only and at locations with
odd numbered addresses on odd numbered days of the month only:
Lawn watering, watering of shrubs, plants, trees and gardens; the
washing of motor vehicles, trailers, airplanes or boats (not
applicable to commercial car washes); filling swimming pools or
fountains; and washing of building exteriors.
(2) No person shall use water as provided for in Section 3(b)(1) to such
an extent as to allow water to escape from his premises onto public property, such
as alleys or streets, nor onto another person's property.
(3) Golf course watering and other commercial irrigation from City
sources shall be done only to the extent necessary to preserve turf and other plant
life and at such times during the day as to minimize water loss due to evaporation.
(4) The use of water from fire hydrants at any time for construction
purposes, fire drills, or routine hydrant testing is prohibited. Only non potable
water may be used for dirt compaction, earth moving operations, or street base
course construction.
(5) The washing of sidewalks, walkways, driveways, patios, parking lots,
concrete tennis courts, and other hard surfaced areas by hosing or by use of water
directly from faucets or other city sources is prohibited. Food processing and food
service establishments may engage in such use of water only to the extent necessary
to maintain and preserve the public health, and in compliance with any state or
federal regulations. Restaurants and other food service establishments may hose
or wash only walkways immediately adjacent to entrances and not beyond ten (10) feet
of entrances and not beyond ten (10) feet of garbage facilities, food delivery or
food serving areas.
(6) No person shall irrigate or water lawns, turf, shrubs, plants, trees
or gardens between the hours of 10:00 a.m. or 7:00 p.m. (not applicable to greens
and tee boxes on golf courses).
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(7) The City shall have the authority to install flow restriction devices
on those lines to contract water users which exceed their contractual allocation.
Installation of flow restriction devices shall require specific approval of the City
Council of the City of Van Buren before installation.
SECTION 4:
(a) This section shall apply to all users of water from the City of Van Buren,
Arkansas. An advanced conservation phase (Phase II) shall go into effect when the
following conditions occur:
(1) The total usable water storage above the lowest intake valves in the
Fort Smith impoundment lakes decreases into a storage capacity of 50%. This phase
shall be implemented under these conditions when the lake levels remain below these
levels for three (3) consecutive days;
OR
(2) The total amount of water in Fort Smith's water system storage
reservoirs remains below 50% of total storage capacity for three (3) consecutive
days.
(b) The Mayor, or his designated agent, is hereby authorized and directed to
compile and record the data necessary to determine when the conditions of Section
4(a)(1) or (2) of this Ordinance have been met. Upon such determination that the
conditions have been met, the Mayor, or his designated agent, shall notify all users
of water from the City of Van Buren, Arkansas, by any reasonable means, which may
include, but are not limited to, media coverage, that the conditions of Section
4(a)(1) or (2) of this Ordinance have been met and that the conservation measures
of Phase II are in effect. The Mayor, or his designated agent, is hereby authorized
and directed to ensure compliance with and enforcement with and enforcement of the
Phase II conservation measures set forth in Section 4(c) below.
(c) Phase II conservation measures shall consist of Phase I measures plus the
following restrictions and prohibitions on the use of City water:
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(1) The watering of shrubs, plants, trees and gardens is permitted only
by hand held hose and should be limited to the minimum amounts necessary to sustain
plant life. Such watering is permitted at locations with even numbered addresses
on even numbered days of the month only and at locations with odd numbered addresses
on odd numbered days of the month only. All lawn and turf watering from City
sources is prohibited.
(2) Golf course watering and other commercial irrigation from City
sources shall be done only to the extent necessary to preserve turf and other plant
life. Golf courses are permitted to water only greens and tee boxes from City
sources. Golf course fairway and rough watering and school football and baseball
field watering from City sources is specifically prohibited.
(3) All washing of motor vehicles, trailers, airplanes, boats or building
exteriors is prohibited, except at commercial car washes and licensed commercial
vehicle dealerships. Licensed commercial dealerships shall limit washing to Tuesday
and Friday only. The filling of swimming pools or outdoor fountains and outdoor
fountain operation is prohibited.
(d) The restrictions and prohibitions of Phase II shall be removed when the
lake levels (above lowest intake valves) and water storage reservoir levels raise
and remain above 60% for ten (10) consevutive days.
(e) The Mayor, or his designated agent, is hereby authorized and directed to
compile and record the data necessary to determine when the conditions of Section
4(d) of this Ordinance have been met. Upon such determination that the conditions
have been met, the Mayor, or his designated agent, shall notify all users of water
from the City of Van Buren, Arkansas, by any reasonable means, which may include,
but is not limited to, media coverage, that the conservation measures of Phase II
are no longer in effect.
SECTION 5: This section shall apply to all users of water from the City of
Van Buren. Whenever an emergency exists as determined by the Mayor, or his
designated agent, by reason of a shortage of water, limited distribution facilities
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or any other circumstances which make it necessary to immediately conserve water,
there is hereby delegated to the Mayor, or his designated agent, the authority to
implement the conservation measures of Phase I and /or Phase II and other
conservation measures which are necessary to maintain potable water for essential
public health and safety functions.
These emergency measures shall remain in effect until the next regularly
scheduled meeting or special meeting of the City Council at which time the Council
shall decide whether it is necessary to continue the said measures.
SECTION 6:
The failure to comply with or a violation of any requirements contained in this
Ordinance by any user of water from the City of Van Buren, Arkansas, has hereby been
declared to be unlawful, and any user of water subject to the jurisdiction of the
City, upon being convicted of such unlawful act, shall be deemed guilty of a
misdeameanor and shall be fined in accordance with the following schedule:
First Violation not less than $50.00 nor more than
$200.00
Second Violation not less than $250.00 nor more than
$500.00
Third Violation and Each Subsequent $500.00
Violation
SECTION 7:
It is the policy of the City of Van Buren that Van Buren will not enter into
contracts for the commercial resale of water additional to the existing contracts
with its contract water users. With reference to the existing contracts with
contract water users, it is the policy of the City of Van Buren to not permit
increases in the contractual allocations of volumes of water to any contract user
in excess of (1) the demonstrated, then current needs of the contract user or (2)
50% of the 1990 allocation for such contract user, whichever (of 1 or 2) is the
lesser. Except for contracts for resale of water which may currently exist (which
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contracts shall be subject to the increased allocation limitations of the second
sentence of this Section), no user (except contract water users) of the Van Buren
water system shall enter into any contract for the commercial resale of water to
another person or entity.
SECTION 8:
If any section, sub section, sentence, clause or phrase of this Ordinance or
any application hereof is for any reason held illegal, invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining parts hereof.
SECTION 9:
Ordinance No. 11 -1989 is hereby repealed.
SECTION 10:
The codifier of the Ordinances of the City of Van Buren is hereby directed to
codify the provisions of this Ordinance within the Van Buren Code of Ordinances.
SECTION 11:
Emergency Clause. It is hereby found and determined by the City Council that
an emergency exists in the City of Van Buren, Arkansas, requiring the efficient
management of water and this Ordinance being necessary for the immediate
preservation of the public health, safety and welfare shall be immediately effective
as of the date of its adoption.
PASSED AND APPROVED THIS 15TH DAY OF JUNE 19 92
Or
T' OR
ATTESTED:
41, AO!
CI CLERK- TREA R