Chapter XIX · Utilities

ARTICLE 4. WATER USAGE RESTRICTIONS

Sections 19-401 to 19-408 · 8 sections

19-401 Purpose.

The purpose of this chapter is to provide for the declaration of a water supply emergency and the implementation of water conservation measures within the City of Andover, Kansas in the event such emergency is declared.

(Ord. 675)

19-402 Declaration of emergency.

Whenever the Mayor or the City Council of the City of Wichita, Kansas finds that an emergency exists by the reason of a shortage of water volume or pressure needed for essential uses or by reason of a declaration of emergency from the City of Wichita, Kansas, the Mayor or City Council are authorized to declare that a water supply emergency exists within the City of Andover, Kansas and to establish any such voluntary or mandatory restrictions on water use as are set forth in this Ordinance. Such emergency shall be deemed to continue until it is declared by the Mayor, City Council or the City of Wichita, Kansas to amend it. The declaration of emergency shall be effective upon its issuance and a publication through the general news media or publication in a newspaper of general circulation in the community.

(Ord. 675)

19-403 Definitions.

The following terms shall have the meaning ascribed to them in this section.

(a)Nonessential Water Use - shall mean any and all of the following:

(1)Irrigation or sprinkling of water on lawns, shrubs, or trees (irrigation or sprinkling of water on gardens is not a nonessential water use).

(2)Washing of automobiles or other vehicles.

(3)Use of water in swimming pools and fountains.

(4)The waste of water.

(b)Water Supply Emergency - shall mean the existence of conditions in the water supply system that reduce the volume or pressure of water so that essential public needs cannot be met or cannot be met in the near future if present conditions continue. The determination of such conditions shall be made by the Mayor or the City Council in their discretion using such information that may be provided by City staff, the City of Wichita's Director of Water and Sewer or others knowledgeable of water supply needs and conditions. The declaration of a water supply emergency within the City of Wichita, Kansas shall be presumed to constitute a water supply emergency within the City of Andover, Kansas.

(Ord. 675)

19-404 Water use restrictions - classes.

Upon the declaration of a water emergency, the Mayor shall establish a class of restrictions of use of water as follows:

(a)Voluntary Conservation Measures. The Mayor is authorized to call upon all water customers to employ voluntary water conservation measures to limit or eliminate nonessential water use. Such requests may be made through the public media, distribution of literature, or other means at the disposal of the Mayor that will insure widespread dissemination.

(b)Mandatory Conservation Measures. The Mayor is authorized to call upon all water customers to employ and of the following means to limit nonessential water use:

(1)Total Ban. A ban on all or designated types of nonessential water use during the period of emergency or any portion thereof.

(2)Partial Ban. Establishment of a schedule allowing all or designated types of nonessential water use by only a portion of the customers on any given day during the period of emergency.

(A)By a system based upon date and street address; or

(B)By a quadrant system whereby the City is divided into four areas using Central and Andover Road as the dividing lines. Except as allowed under the terms of such a schedule as more fully announced by the City, all other nonessential water use is banned.

(Ord. 675)

19-405 Notification.

Installers of lawn watering irrigation or sprinkling water systems, upon installing a lawn watering irrigation or sprinkling system, shall provide a copy of this Ordinance to the owner of the lawn watering irrigation or sprinkling system.

(Ord. 675)

19-406 Enforcement.

Whenever a water supply emergency is declared to exist as set forth in this chapter, the City's Director of Public Works or his designee shall have the power to enforce the provisions of this chapter. Designated enforcement officials shall have the power of a law enforcement officer for the purpose of signing a complaint and serving said complaint and a notice to appear upon any person where there is probable cause to believe such person has or is violating a section of this chapter and such violation has occurred or is occurring in the presence of the individual empowered hereunder to enforce this Ordinance.

(Ord. 675)

19-407 Penalty for violation.

Any person violating the provisions of this Ordinance relating to mandatory conservation measures shall upon conviction be deemed guilty of a misdemeanor and fined a sum of not more than $100.00. Each day of violation shall be deemed a separate offense.

(Ord. 675)

19-408 Exemptions.

Watering from wells - Sign Required.

(a)Persons using water from a well for any of the nonessential uses as defined herein when such uses are banned by order of the Mayor or City Council shall be exempt from the penalties of this chapter.

(b)Persons using water from a well as set forth in Subsection (A) should display a sign with the words “Well Water” upon it in a location that is readily visible to the general public while engaged in such use (s).

(Ord. 675)