ORD NO 11-1989 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 1/ -1989
AN ORDINANCE AUTHORIZING THE IMPLEMENTATION OF WATER CONSERVATION AND
RATIONING MEASURES FOR THE PURPOSE OF CONTROLLING WATER USAGE; PROVID-
ING FOR PENALTIES FOR FAILURE TO COMPLY WITH THE CONDITIONS OF THIS
O ORDINANCE; REPEALING ORDINANCE NO. 6 -1987 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 comply with its agreement with the City of Fort Smith,
Arkansas, to pass and enforce water conservation regulations at least
as restrictive as those passed and enforced by the City of Fort Smith,
for the purpose of maintaining a sufficient and manageable water supply
and distribution system for human consumption, sanitation, and fire pro-
tection and to insure the safety and well being of the users of water in
the City of Van Buren, it is necessary to manage water service demands
by limiting water consumption through restrictions and prohibitions on
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 May 1, whichever is later, and shall continue
through October 31, or until lake levels and City Storage reservoirs
remain above 85% 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 water:
(1) Turf or lawn watering is permitted by a user of water only
once every two weeks. Beginning with the first weekend after Phase I
goes into effect and every other weekend thereafter, lawn or turf
watering is permitted only at locations with odd numbered addresses
on Saturday and at even numbered addresses on Sunday.
(2) 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:
The watering of shrubs, plants, trees and gardens.
The filling of swimming pools or outdoor fountains.
(3) The washing of vehicles (which shall include trailers,
airplanes and boats) or building exteriors is prohibited (not applicable
to commercial car washes and licensed vehicle dealerships), except when
the vehicle is placed on a turf or lawn area and only on those days
as provided for lawn and turf watering in Section 3 (b) (1).
(4) Water shall be served to restaurant patrons only upon request.
(5) The washing of sidewalks, walkways, driveways, patios, parking
lots, 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) Golf course and school football and baseball field watering
and other commercial irrigation from City sources shall be done only
to the extent necessary to preserve turf. Golf courses are permitted
to water only green and tee boxes from City sources. Golf course fair-
way and rough watering from City sources is specifically prohibited.
Schools are permitted to water football and baseball fields only one
(1) day per week.
(7) The use of water from fire hydrants at any time for construc-
tion purposes or fire drills is prohibited. Only non potable water may
be used for dirt compaction, earth moving operations or street base
course construction.
(8) No person shall irrigate or lawn water 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.
0 (9) 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).
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 to 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 ensure compliance 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:
(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
0 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
0 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 rise and remain above 60% for ten (10) con-
secutive days.
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 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 con-
tinue 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, is hereby declared to be unlawful, and any user
of water subject to the jurisdiction of the City, upon being convicted
0 of such unlawful act, shall be deemed guilty of a misdemeanor 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 not less than $500.00 nor more
subsequent violation than $1,000.00
SECTION 7:
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
0 remaining parts hereof.
SECTION 8:
Ordinance Nos. 6 -1987 and 17 -1988 are hereby repealed.
SECTION 9:
Emergency Clause. It is hereby found and determined by the City
Council that an emergency exists in the City of Van Buren, Arkansas,
resulting from a shortage 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 MAY 19 89
ATTESTED:
4 _t .i
CI'Y CLERK TREASURER
0