ORD NO 02-2006 ORDINANCE NO. mol-
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AN ORDINANCE AUTHORIZING THE IMPLEMENTATION OF WATER
CONSERVATION MEASURES FOR THE PURPOSE OF MANAGING WATER
USAGE DURING DEFINED DROUGHT CONDITIONS; PROVIDING FOR
PENALTIES FOR FAILURE TO COMPLY WITH THE PROVISIONS OF
THIS ORDINANCE; AND DECLARING AN EMERGENCY
BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY
OF VAN BUREN, ARKANSAS that:
Section 1:
It is hereby determined that in order for the City of Van Buren 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 demand by limiting system wide water consumption through
restrictions and prohibitions on the use of City water until the relief from current drought
conditions have caused sufficient volumes of water to be impounded in the City of Fort
Smith's water supply reservoirs so that the City of Van Buren is reasonably assured that
subsequent water demands may be fully met. A current "drought" condition is
determined to exist for the purposes of this Ordinance; the determination shall continue to
exist until withdrawn by official action of the Van Buren Municipal Utilities
Commission, at which time the Van Buren City Council will be requested by the Van
Buren Municipal Utilities Commission to rescind this Ordinance.
Section 2:
Definitions: For the purpose of this Ordinance, the following terms have the
meanings given herein:
(1) "Users of water" includes all persons and entities that use and /or purchase
water provided by the City of Van Buren, including contract users.
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(2) "Contract water users" shall include all persons and entities who purchase water
from the City of Van Buren for individual use, resale and /or redistribution outside
of the corporate limits of the City of Van Buren, Arkansas. Contract water users
include the following:
Oak Grove Water Association
Dora Water Users
Sequoyah Water Users
(3) Oak Grove Water Association, Dora Water Association, and Sequoyah
County Water Association purchase water from Van Buren under a water
purchase contract said contracts obligate them to enact and enforce the same
water conservation measures upon their customers as enacted by the City of Van
Buren.
(4) "Potable water" is treated water supplied from the City of Van Buren
water distribution and storage reservoir system and delivered to City of Van
Buren customers.
(5) "Non- potable water" is water from any source other than from, or
provided by. Van Buren water system.
Section 3:
This section shall apply to all users of water from the City of Van Buren,
Arkansas.
Effective immediately from the date of the adoption of this Ordinance and
continuing throughout the currently declared "drought" conditions, the following water
uses are permitted:
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(1) At addresses ending with zero (0) or one (1), on Mondays; addresses
ending with two (2) or three (3), on Tuesdays; addresses ending with four (4) or five (5),
on Wednesdays; addresses ending with six (6) or seven (7), on Thursdays; and addresses
ending with eight (8) or nine (9), on Fridays.
(a) Lawn watering between the hours of 5:00 AM and 10:00 AM and
between the hours of 7:00 PM and 12:00 Midnight;
(b) Filling, or refilling, of existing swimming pools and fountains for maintaining
operating level; and,
(c) Washing of a vehicle on display at licensed dealerships and sales lots of
established commercial business locations. Any such activity shall only be
performed with a hose or other equipment provided with a self activated shut -off
nozzle or valve which stops the flow of water immediately upon release from the
user's grip. The use of any hose or equipment that allows the flow of water to be
uncontrolled by the user at the point of discharge or to continue if unattended is
strictly prohibited.
(2) Watering of shrubs, plants, trees and gardens on any day by hand held hose or
efficient irrigation system between the hours of 5:00 AM and 10:00 AM and between the
hours of 7:00 PM and midnight is permitted only to the minimum amounts necessary to
sustain plant life.
(3) Watering of golf course greens and tee boxes, commercial nursery and
greenhouse irrigation is permitted only to the extent necessary to preserve turf and other
plant life and at such times during the day to minimize water loss due to evaporation.
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(4) Watering of municipal, school, sport or athletic playing or practice fields on
Mondays, Wednesdays, and Fridays between the hours of 5:00 AM and 10:00 AM and
between the hours of 7:00 PM and 12:00 Midnight and permitted only to the minimum
amounts necessary to sustain plant life.
(5) Daily water of sod or seed for new lawn or landscape areas between the hours of
5:00 AM and 10:00 AM and between the hours of 7:00 PM and 12:00 Midnight for a
time period no longer than fourteen (14) calendar days or until its first cutting, whichever
is the sooner. A permit for any watering of new lawn or landscape area must first be
obtained from the Van Buren Municipal Utilities Department by the user of water and
prominently displayed and maintained at that location at a place where it is readily visible
from the street before the first watering occurs.
(6) Initial filling of newly constructed, or renovated, swimming pools. Upon
achieving initial fill, swimming pool operation shall be subject to 1 (b) above.
(7) Operation of existing established commercial car washes.
(8) Washing of a vehicle by licensed dealerships and sales lots for the vehicle's initial
preparation for sale, upon it receipt for sale by licensed auto body repair facilities, upon
completion of vehicle body repairs or painting, and by licensed automotive detail shops
may be performed on any day if performed inside a building work bay at an establish
commercial business location. Any such activity shall only be performed with a hose or
other equipment provided with a self activated shut -off nozzle or valve which stops the
flow of water immediately upon release from the user's grip. The use of any hose or
equipment that allows the flow of water to be uncontrolled by the user at the point of
discharge or to continue if unattended is strictly prohibited.
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(9) Food processing by food service establishments may use water only to the extent
necessary to maintain and preserve the public health, and in compliance with any state or
federal regulations.
(10) Restaurants and other food service establishments may, only to the extent
necessary, hose or wash walkways immediately adjacent to entrances only and not
beyond ten (10) feet of entrances and not beyond ten (10) feet of garbage facilities or
food delivery areas. Remote food serving stations for vehicles may be cleaned of spills
only to the extent necessary and not beyond three (3) feet of the spill. Any such activity
shall only be performed with a hose or other equipment provided with a self activated
shut -off nozzle or valve which stops the flow of water immediately upon release from the
user's grip. The use of any hose or equipment that allows the flow of water to be
uncontrolled by the user at the point of discharge or to continue if unattended is strictly
prohibited.
(11) The use of potable water for any construction activity that cannot be performed
using non potable water if approved by the Director of Utilities, or his designated
representative, and, if required by same, shall be conducted under the direct supervision
of an employee of the Van Buren Municipal Utilities Department.
(12) The use of water from a fire hydrant for activities which requires potable water if
approved by the Director of Utilities, or his designated representative, and, if required by
same, shall be conducted under the direct supervision of an employee of the Van Buren
Municipal Utilities Department. Any such use shall be registered through a Department
owned meter issued under a permit for a specific use, time period, location and, if further
specified, for a maximum volume of use.
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(13) The fire departments for the city of Van Buren, and other fire departments
recognized by the State of Arkansas and State of Oklahoma, whose fire
suppression functions require the use of water from the City of Van Buren, may
conduct training activities required under the Insurance services Organization,
National Fire Prevention Association, Arkansas Fire Academy, or other federal
agency, which require the use of water provided by the City of Van Buren, if
performed in accordance with a written training program which has first been
submitted to, and approved by, the Fire Chief of the City of Van Buren, or his
designated representative, and the scheduling of same has been approved by the
Van Buren Municipal Utilities Director of Utilities, or his designated
representative.
(14) No person shall use water as provided for in Section 3 to an extent that
allows water to flow from user's premises onto public property, such as alleys or
streets, or onto another person's property.
Section 4:
This section shall apply to all users of water from the City of Van Buren,
Arkansas. Effective immediately from the date of the adoption of this Ordinance and
continuing throughout the currently declared "drought" conditions, the following uses of
water from the City of Van Buren water system are strictly prohibited:
(1) Washing of any motor vehicles, trailers, boats or aircraft, except as provided
for in Section 3.
(2) Washing of sidewalks, walkways, driveways, patios, decks, parking lots,
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tennis courts, or other similar type of hard surfaced area, except as provided for in
Section 3.
(3) Washing or cleaning of building exteriors or fences.
(4) Use of potable water for any construction activities that can be performed
using non potable water. These uses include, but not limited to, dust control, soil
compaction, street and road construction earth moving activities, directional
boring, and oil and gas well drilling.
(5) Use of water from a fire hydrant for any purpose other than fire suppression
by fire department personnel or maintenance activities required of utility
department personnel for water system operation functions, except as provided for
in Section 3.
(6) Filling or flushing of newly constructed or repaired water mains except as
approved by the director of Utilities and conducted under the direct supervision of
an employee of the Van Buren Municipal Utilities Department.
(7) Testing of private fire protection systems.
(8) Replenishing or supplementing lakes or ponds.
Section 5:
The City shall have the authority to:
(1) Install flow restriction devices on those points of service to contract water
users who is determined to be using water in violation of this Ordinance.
(2) Install flow restriction devices to curtail water service, or terminate water
service, to any user who is determined to be using water in violation of this
Ordinance.
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(3) To remove water meters designated for irrigation accounts which shows water
usage in violation of this Ordinance.
Installation of flow restriction devices shall require approval of Van Buren
Municipal Utilities Commission.
Section 6:
Any person convicted of performing any act prohibited by or in violation of this
Ordinance, or any person who tampers with or disables any meter used to register the
water usages of any user of water from the City of Van Buren, Arkansas, shall be deemed
guilty of a Class B misdemeanor and 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 and Each Subsequent Violation $500.00 and /or termination of service
Section 7:
This section shall apply to all users of water from the City of Van Buren.
Whenever an emergency exists as determined by the Van Buren Municipal Utilities
Commission, or their designated agent, by reason of a shortage of water, limited
distribution facilities or any other circumstance which make it necessary to immediately
conserve water, there is hereby delegated to the Van Buren Municipal Utilities
Commission or their designated agent, the authority to implement conservation measures
additional to the provisions of this Ordinance which are determined to be 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
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meeting, of the Van Buren Municipal Utilities Commission at which time the
Commission shall decide whether it is necessary to continue said measures.
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:
Emergency Clause. It is hereby found and determined by the Van Buren City
Council that an emergency exists in the City of Van Buren, Arkansas, requiring the
efficient management of water. 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 LS day of May 2006.
APPROVED:
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Mayor
ATTEST:
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City Clerk
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