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Home My WebLink AboutO-1781ORDINANCE NO. 1781 AN ORDINANCE TO AMEND ORDINANCE NO. 1682: AN EMERGENCY WATER CONSERVATION PLAN FOR THE CITY OF FAIRHOPE FOR CUSTOMERS OR PERSONS WHO USE THE CITY OF FAIRHOPE WATER SYSTEM BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAlRHOPE, ALABAMA, as follows: Section 1. The Code of Ordinance, City of Fairhop e, Alabam a, Article II, Section s 10.5-54, 10.5 - 55, and 10.5 -5 6, are hereby amended to reflect the follow in g changes and additions: Section 10.5-54 WATER CONSERVATION PHASES The onset of an emergency s ituati on or antic ipated onset of drought an d the necessary adjustment an d management techniques depend on th e severi ty of the water emergenc y. Therefore , upon a declaration of an emergency by the Governing Body of the City of Fairhope, water conservation phases wi ll be implemented on following criteria : • Phase I: When water demand reac hes an average of 80% capac ity for 7 out of 10 days • Phase II : When water demand reac hes an average of90% capacity for 7 out of 10 days • Phase III : When water demand reache s an average of95% capac ity for 7 out of 10 days Section 10.5-55 WATER CONSERVATION RESPONSE Specific co ns ervation management responses are listed according to the conservation phase . The phases are dependent on the abi lity of City of Fairhope to foresee cond ition s which would affect water allotments or water availability. After declaration of the drought or water emergency stage by Governing Body, the City Co un cil is to authorize the Mayor to implement any or all the following : New lawns and landscaping would be exempt for 30 days from the date of planting . Phase I : WATER ALERT -Voluntary. All customers or persons who use City of Fairhop e water system are requ ested to vo luntari ly limit the amount of water to the· amount that is absolutely necessary for h ealth , business , and outdoor use. The Alert will remain in effect until lifted by the Governing Body or un_til demand averages at or below 80 % of capacity for 7 out of 10 days . No emergency decl aration by the Governing Body is needed to implement Phase I. Phase II : WATER WARNING -Mandatory Compliance. Beginning at a time deemed necessary by City of Fairhope and after public notification , the following restrictions shall a ppl y to a ll residential customers or persons who use City of Fairhope water system. Phase II restrictions will remain in effect until lifted by the Governing Body or until demand averages at or below 90% of capacity for 7 out of 10 days: Irrigation utilizing individual sprinklers from hoses or buried sprinkler systems for the purpose of watering lawns, gardens, landscaped areas, trees , shrubs, and other plants is prohibited, except on designated water-use days which shall be as follows: • Odd-numbered street addresses will water on Monday and Wednesday • Even-numbered street addresses will water on Tuesday and Thursday • No irrigation shall be performed betwee n the hours 5 :00 a.m . -9:00 a.m. and 5 :00 p .m . - 9:00 p .m. • No watering will be allowed on Friday , Saturday , and Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sunday Odd Even Odd Even No No No Addresses Addresses Addresses Addresses Watering Watering Waterin g Water Water Water Water Allowed Allowed Allowed Phase III : WATER EMERGENCY -Mandatory Compli ance. Upon implementation by City of Fairhope and after public notification , the fo llo wing restrictions shall be imposed in place of Phase II restrictions (unti l further notice) to a ll resi dential City of Fairhope water system customers or persons who u se City of Fairhop e water sys tem: · Ordinance No . 1781 Page -2- • Irrigation utilizing individual sprinklers from hoses or buried sprinkler systems for the purpose of watering lawns, gardens, landscaped areas, trees, shrubs, and other plants is prohibited. • Washing of private vehicles is prohibited. • Commercial car washes and service stations are exempt from this restriction . • Topping off of swimming pools by users of water at street addresses containing odd numbers on Monday and Wednesday; and by users of water at street addresses containing even numbers on Tuesday and Thursday . Empty swimming pools may be filled only with City ofFairhope approval. • Washing of sidewalks, streets, driveways , parking areas, tennis courts, patios or other paved areas is absolutely prohibited except by the street department and fue department to alleviate health or fire hazard. • Taking water from a fire hydrant is prohibited without written permission from City of Fairhope. The water system, street department, and fire department are exempt from this condition in order to properly maintain the water system and provide for public health and safety. Phase III restrictions will remain in effect until lifted by the Governing Body or until demand averages at or below 95% of capacity for 7 out of IO days and 1.5 inches of rain are received within a 7 day period . When easing Phase III restrictions , the new Phase will be determined by the demand average . If demand average is 90-94%, the new Phase ~ill be Phase II. If the demand average is 80-89%, the Phase will be Phase I. If the demand average is less than 80%, no Phase will be in effect. VI. VIOLATIONS Violations of this Ordinance shall be punished as follows: First Time Offense Second Time Offense Third and Subsequent Offenses Warning $300.00 Fine $500.00 Fine The Balance of Chapter 10 .5 -Article II . -Emergency Water Conservation Plan remains as written and codified in the City of Fairhope Code of Ordinances. Severability. The sections, paragraphs , sentences, clauses and phrases of this ordinance are severable, and if any phrase , clause, sentence, paragraph or section of this ordinance shall be declared unconstitution a l by a court of competent jurisdiction, then such ruling shall not affect any other paragraphs and sections, since the same would have been enacted by the municipality council without the incorporation of any such unconstitutional phrase, clause, sentence, paragraph or section . Effective Date. This ordinance shall take effect upon its due adoption and publication as required by law. ADOPTED THIS 14TH DAY OF AUGUST, 2023 ATTEST: ~,.~L City Clerk