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ORD NO 17-1988 Y. CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. /7 -1988 AN ORDINANCE AMENDING ORDINANCE NO. 6 -1987, TO PROVIDE FOR WATER CONSERVATION MEASURES; AND DECLARING AN EMERGENCY. 0 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, that: SECTION 1: Section 3(a) of Ordinance No. 6 -1987, is hereby replaced with the following: (a) This section shall apply to all users of water from the City of Van Buren, Arkansas. Each year, from May 15 through either (1) October 15 or (2) the date on which the combined capacity of Fort Smith's water supply lakes has remained above 85% capacity for five (5) consecutive days, whichever occurs later, an initial conservation phase (Phase I) shall be in effect. SECTION 2: Section 3(b)(3) of Ordinance No. 6 -1987, is hereby replaced with the following: (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. Golf courses are permitted to water only greens and tee boxes from City sources. Golf course fairway and rough watering from City sources is specifically prohibited. SECTION 3: The following is hereby added to Section 3(b) of Ordinance No. 6 -1987: (9) No person shall irrigate or water lawns, shrubs, plants, trees, or gardens between the hours of 11:00 A.M. and 6:00 P.M. (not applicable to greens and tee boxes on golf courses). SECTION 4: Section 4(b) (2) of Ordinance No. 6 -1987, is hereby replaced with the following: (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 per- mitted to water only greens and tee boxes from City sources. Golf course fairway and rough watering from City sources is specifically prohibited. SECTION 5: The following is hereby added to Section 4(b) of Ordinance No. 6 -1987: (10) No person shall irrigate or water shrubs, plants, trees, or gardens between the hours of 11:00 A.M. and 6:00 P.M. (not applicable to greens and tee boxes on golf courses). SECTION 6: Section 6 of Ordinance No. 6 -1987, is hereby replaced with the following: 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 of such unlawful act shall be deemed guilty of a misdemeanor and shall be fined in accordance with the follow- ing 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 not less than $500.00 each subsequent violation nor more than $1,000.00 Each specified offense shall constitute a separate violation. The Police Department may issue warning notices to offenders failing to comply with the provisions of this Ordinance. SECTION 7: 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 16TH DAY OF MAY 19 88 Le i bi h/// MAYOR ATTESTED 0 f_ /L CI CLERK-TREAS RER