ORD NO 06-1987 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. Co 1987
AN ORDINANCE AUTHORIZING THE IMPLEMENTATION OF WATER CONSERVATION
MEASURES FOR THE PURPOSE OF CONTROLLING WATER USAGE; PROVIDING
FOR PENALTIES FOR FAILURE TO COMPLY WITH THE CONDITIONS OF THIS
ORDINANCE; REPEALING ORDINANCE NO. 10 -1981; 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 enforce water conservation regulations
at least as restrictive as those passed and enforeced by the City
of Fort Smith, for the purpose of maintaining a sufficient and
manageable water supply and distribution system for human con-
sumption, sanitation, and fire protection and to insure the safty
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 follow-
ing 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. From May 15 through October 15 of
each year an initial conservation phase (Phase I) shall be in
effect.
(b) Phase I conservation measures shall consist of the fol-
lowing restrictions and prohibitions cn the use of city water:
(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; the washing of motor vehicles, trailers,
airplanes or boats by hosing or by use of water directly
from faucets (not applicable to commercial car washes);
and filling swimming pools or fountains.
(2) The watering of shrubs, plants, trees, and gardens is
permitted only by efficient sprinkling systems such as low volume
drip, spray, or bubbler emitters or by hand held hose. Such
watering is permitted at any time but should be limited to the
minimum amounts necessary to sustain plant life.
(3) Golf course watering and other commercial irrigation from
City sources shall be done only to the extent necessary to pre-
serve 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 con-
struction purposes, fire drills, or routine hydrant testing is
prohibited. Only non potable water may be used for dirt compac-
tion, earth moving operations, or street base course construction.
(5) Water service shall be provided to restaurant patrons
only upon request.
(6) 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 estab-
lishments may engage in this usage of water only to the extent
necessary to maintain and preserve the public health.
(7) No person shall irrigate or lawn water to such an extent
as to allow water to escape from his premises upon public prop-
erty, such as alleys or streets, nor upon any other person's
property.
(8) These restrictions shall also automatically p fT3 the "out
of City Water users" and said users shall he so informed of the
applicable restrictions and dates of enforcement. Water usage
shall be monitored closely and those not showing a reduction in
water usage may face restricted water flows at the water master
meters.
(c) The Mayor, or his designated agent, is hereby authorized
and directed to ensure compliance with and enforcement of the
Phase I conservation measures set forth in Section 3(b) above.
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 City of Van Buren, is
given notice from the City of Fort Smith that conditions are such
at conservation measures are to go into effect.
(b) Phase II conservation measures shall consist of the
following restrictions and prohibitions on the use of City water:
(1) The watering of shrubs, plants, trees, and gardens is
permitted only by efficient sprinkling systems such as low volume
drip, spray, or bubbler emitters or 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 watering from City sources is
prohibited.
(2) Golf courses are permitted to water only greens and tee
boxes from City sources. Fairway watering from City sources is
specifically prohibited. Watering of greens and tee boxes should
be done only to the extent necessary to preserve turf life and
at such times during the day as to minimize water loss due to
evaporation.
(3) The washing of motor vehicles, trailers, airplanes, or
boats by hosing or by use of water directly from faucets is pro-
hibited. Filling swimming pools or fountains is prohibited.
EXCEPTION: If so notified by the City of Fort Smith, this measure
shall not apply to commercial car washes or the filling of swim-
ming pools.
(4) 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 processors and food service estab-
lishments may engage in this usage of water only to the extent
necessary to maintain and preserve the public health.
(5) The use of water from fire hydrants at any time for con-
struction purposes, fire drills, or routine hydrant testing is
prohibited. Only non potable water may be used for dirt compac-
tion, earth moving operations, or street base course construction.
(6) Water service shall be provided to restaurant patrons
only upon request.
(7) No person shall irrigate or water to such an extent as
to allow water to escape from his premises upon public property,
such as alleys or streets, nor upon any other person's property.
(8) A letter shall be directed to each "out of City water
user" informing them of the implementation of Phase II and re-
quire that they take similar action.
(9) "Out of City water users" shall institute a 5.00 /m pen-
alty against their customers when usage is above 90% of their
past winter average for November, December, January, February,
and March. The goal being not the exceed 90% of total winter
average per user. Failure to institute penalties and /or bring
usage down below winter time average will result in reduced flow
at the master meter.
(c) Upon notification from the City of Fort Smith that Phase
II measures are to become affective, the Mayor, or his designated
agent, shall notify all users of water from the Van Buren dis-
tribution system, by any reasonable means, which may include,
but not be limited to, media coverage, that the above advanced
water conservation measures shall go into effect.
(d) The advance water conservation measures of Phase II shall
remain in effect until notice is received from the City of Fort
Smith, that such measures have been removed.
SECTION 5: This section shall apply to all users of water
from the City of Van Buren water distribution system. Whenever
an emergency exists as determined by the Fort Smith City Admin-
istrator, or his designated agent, by reason of a shortage of
water, limited distribution facilites or any other circumstances
which make it neessary to immediately conserve water, or in the
event the Mayor of Van Buren declares an emergency requireing
the immediate conservation of water, upon receiving notice from
the City of Fort Smith that emergency water conservation measures
are to become effective, or upon the declaration of an emergency
by the Mayor of Van Buren necessitating emergency water conser-
vation measures of Phase I and /or Phase II and other conservation
measures which may include, but are not limited to, the following
measures which are necessary to maintain potable water for es-
sential public health and safty fuctions:
(a) Prohibit the watering of shrubs, plants, trees, and
gardens;
(b) Prohibit all golf course watering;
(c) Request industries, manufacturers, and businesses to im-
plement any reasonable measures to reduce eater consumption.
(d) These emergency measures shall also apply to all 'but of
City water users"
These emergency measures shall remain in effect until notice
is received from the City of Fort Smith that said emergency water
conservation measures are removed, or in the event the Mayor has
declared the emergency, the Mayor of Van Buren determines that
said emergency conservation measures are removed.
SECTION 6: Failure to comply with any requirements contained
in the Ordinance by any "users of water" or "out of City water
users" is hereby declared to be unlawful, and any such users con-
victed of such unlawful act shall be deemed guilty of a mis-
demeaner and shall be fined in a sum of not less than $25.00 and
not to exceed $100.00 for the first offense committed; and not
less than $100.00 and not to exceed $500.00 for each additional
offense committed. The Police Department shall not issue warning
notices to persons failing to comply with the provisions of this
Ordinance.
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 remaining parts hereof.
SECTION 8: Ordinance No. 10 -1981 is hereby specifically re-
pealed.
SECTION 9: The codifier of the ordinances of the City of Van
Buren is hereby directed to codify the provisions of this
Ordinance as Chapter 10:20 within the Van Buren Municipal Code.
SECTION 10: It is hereby found and determined by the City
Council that an emergency exists in the City of Van Buren result-
ing from a shortage of water and this Ordinance being necessary
for the imediate preservation of the public health, safty and
welfare shall be immediately effective as of the date of its
adoption.
PASSED AND APPROVED this 18th day of May, 1987.
APPROVED:
al
MAYOR
ATTEST:
CIT1 CLERK /TREASURER