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HomeMy WebLinkAbout2024-4509 - Ordinance - 04/25/2024ORDINANCE NO. 2024-4509 AN ORDINANCE AMENDING CHAPTER 40, “UTILITIES,” ARTICLE II, “WATER AND SEWER SERVICES,” DIVISION 5 “DROUGHT CONTINGENCY AND WATER EMERGENCY PLAN,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY REPEALING AND REENACTING DIVISION 5 “DROUGHT CONTINGENCY AND WATER EMERGENCY PLAN” AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 40, “Utilities,” Article II, “Water and Sewer Services,” Division 5 “Drought Contingency and Water Emergency Plan,” of the Code of Ordinances of the City of College Station, Texas, be repealed and reenacted as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO. 2024-4509 Page 2 of 15 PASSED, ADOPTED and APPROVED this 25th day of April, 2024. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2024-4509 Page 3 of 15 EXHIBIT A That Chapter 40, “Utilities,” Article II, “Water and Sewer Services,” Division 5 “Drought Contingency and Water Emergency Plan,” of the Code of Ordinances of the City of College Station, Texas, is hereby repealed and reenacted to read as follows: Division 5: DROUGHT CONTINGENCY AND WATER EMERGENCY PLAN A. DECLARATION OF POLICY, PURPOSE, AND INTENT To conserve the City of College Station’s available water supply and protect the integrity of its water supply facilities, with regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety; and minimize the adverse impacts of water supply shortage or other water supply emergency conditions such as equipment or system failures, the City of College Station hereby adopts the following regulations and restrictions on the delivery and consumption of water. Water uses regulated or prohibited under this Drought Contingency Plan (the Plan) are considered non-essential. Continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in Section M (Enforcement) of this Plan. The Plan will be reviewed and updated as necessary, at least every five (5) years. B. AUTHORIZATION The City Manager or their designee is hereby authorized and directed to implement the applicable provisions of this Plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The City Manager or their designee shall have the authority to initiate or terminate drought stages or water supply emergency response measures as described in this Plan. C. APPLICATION The provisions of this Plan shall apply to all persons, customers, and property utilizing potable water provided by the City of College Station. The terms “person” and “customer” as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities. Utilization of a water source other than City of College Station potable water is exempt from the provisions of this Plan. D. COORDINATION WITH REGIONAL WATER PLANNING GROUP The water service area of the City of College Station is located within the Brazos Region G Regional Water Planning Group. The City of College Station has provided a copy of this Plan to the Brazos Region G Regional Water Planning Group. E. DEFINITIONS For the purposes of this Plan, the following definitions shall apply: ORDINANCE NO. 2024-4509 Page 4 of 15 1. Aesthetic water use: water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens. 2. Commercial and institutional water use: water use which is integral to the operations of commercial and non-profit establishments and governmental entities such as retail establishments, hotels and motels, restaurants, and office buildings. 3. Conservation: those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses. 4. Customer: any person, company, or organization using water supplied by the City of College Station. 5. Domestic water use: water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. 6. Essential water use: water necessary for firefighting, health and safety purposes; water needed to sustain human and animal life; and water necessary to satisfy federal, state and local public health, safety or environmental protection requirements. 7. Even number address: street addresses, box numbers, or rural postal route numbers ending in 0, 2, 4, 6, or 8 and locations without addresses. 8. Foundation watering: an application of water to the soils directly abutting (within 2 feet) the foundation of a building or structure. 9. Industrial water use: the use of water in processes designed to convert materials of lower value into forms having greater usability and value. 10. Landscape irrigation use: water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, and rights-of-way and medians. 11. Non-essential water use: water uses that are neither essential nor required for the protection of public, health, safety, and welfare, including: a. irrigation of landscaped areas, including parks, athletic fields, and golf courses, except as otherwise provided under this Plan; b. use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle; c. use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas; d. use of water to wash down buildings or structures for purposes other than immediate fire protection; ORDINANCE NO. 2024-4509 Page 5 of 15 e. flushing gutters or permitting water to run or accumulate in any gutter or street; f. use of water to fill, refill, or add to any indoor or outdoor swimming pools or Jacuzzi - type pools; g. use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life; h. failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); i. use of water from hydrants for dust control; and j. Use of water to operate a single-pass splash pad system. 12. Non-Potable Water: water that has not been treated to public drinking water standards. 13. Odd numbered address: street addresses, box numbers, or rural postal route numbers ending in 1, 3, 5, 7, or 9. 14. Production/Distribution Capacity: Capacity of operable wells and the flow from regional interconnects. 15. Recycled or Reclaimed Water: Domestic or municipal wastewater which has been treated to a quality suitable for a beneficial use. F. PUBLIC EDUCATION The City will periodically provide the public with information about the Plan, including information about the conditions under which each stage of the Plan is to be initiated or terminated, and the drought response measures to be implemented in each stage. This information will be provided by means of press releases, public events, social media, and similar methods. G. PUBLIC INVOLVEMENT Opportunity for the public to provide input into the preparation of the Plan is provided by the City of College Station at a regularly scheduled City Council meetings. H. NOTIFICATION 1. Notification of the Public: Public notification of the initiation or termination of drought response stages shall be by means of online publication, as allowed by state or local laws and ordinances, or publication in a newspaper widely circulated in College Station, and public service announcements on local television and/or cable service. Additional methods of public notification may include signs posted in public places, utility bill inserts, and other means to be determined by the City. 2. Executive Director Notification: When mandatory restrictions are enacted with the initiation of any stage found within this plan, the Executive Director of TCEQ will be notified, at a minimum via telephone or email, within five (5) business days. When any stage is rescinded, the Executive Director of TCEQ will again be notified, at a minimum via telephone or via email, within five (5) business days. ORDINANCE NO. 2024-4509 Page 6 of 15 I. YEAR-ROUND WATER USE MANAGEMENT AND CONSERVATION This section establishes year-round water use management practices and applies year-round regardless of Drought Stage. The purpose of year-round water use management is to raise public and customer awareness of water demand conditions. Voluntary Water Conservation Guidelines: The peak season for water usage in College Station is the period from May 1 to September 30 and thus attention to water conservation in this period is critical to protecting valuable drinking water resources. During this time, water customers are requested to voluntarily conserve water and limit non-essential water uses. Water conservation practices are discussed in more detail in the City of College Station’s Water Conservation Plan. Permanent Water Use Restrictions: To minimize water lost to evaporation and leaks, the following water use restrictions apply year-round: (1) Landscape irrigation using automatic in-ground or hose-end sprinkler systems is prohibited between the hours of 10:00 A.M. and 6:00 P.M. (2) The time restrictions in (1) above do not apply to: (a) The irrigation of commercial plant nurseries. (b) Irrigation using reclaimed water or other non-potable water sources. (c) New landscape installation during planting and the first ten days after planting. (d) The testing of new irrigation systems or existing irrigation systems being tested or under repair. (e) Irrigation using a hand-held bucket or hose equipped with a positive pistol grip nozzle, pressure-washing system, or other device that automatically shuts off water flow when the hose is not being held by the water user, (f) Irrigation by drip irrigation or soaker hoses (3) The following uses constitute a waste of water and are prohibited: (a) Allowing water to run off a property or allowing water to pond in the street or parking lot. (b) Operating an irrigation system with sprinkler heads that are broken or out of adjustment. (c) Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s). (4) Ornamental fountains or ponds for aesthetic or scenic purposes must be equipped with a recirculation device. This restriction does not apply to ornamental fountains or ponds that use reclaimed water, non-potable water, or water provided by sources other than the City. J. TRIGGER CONDITIONS ORDINANCE NO. 2024-4509 Page 7 of 15 The City Manager or their designee shall monitor daily water supply and/or demand conditions on a regular basis. The City Manager, on recommendation of College Station Water Services, shall determine when conditions warrant initiation or termination of each stage of the Plan, that is, when the specified trigger conditions are reached. The triggering criteria described below are based on emergency situations caused by high daily average water demand, equipment or system failure, or a natural disaster. The trigger conditions also recognize that the City of College Station uses groundwater as its water supply, and therefore, will likely be constrained by system capacity before shortage of supply. Water system interconnections may be utilized to provide water in emergency conditions, provided there is not an additional emergency situation created by any water transfer. These shared water resources shall be evaluated and/or implemented prior to initiation of each stage of the Plan. (1) Stage 1 – High Water Demand (a) Requirements for initiation – Customers shall be required to comply with the requirements and restrictions on non-essential water uses, as outlined herein in Responses to Trigger Conditions, Stage 1, when: (i) Average daily water consumption for seven (7) days reaches 85% of production/distribution capacity of the City water system; or (ii) Emergency water supplied to the City of College Station through system interconnections is curtailed or interrupted; or (iii)A mechanical failure occurs in the water production or distribution system that reduces water production/delivery capacity. (b) Requirements for termination – Stage 1 of the Plan may be rescinded by the City Manager when seven (7) day average daily water demand drops below 85% production/distribution capacity, or the water system is returned to fully operational conditions. Upon termination of Stage 1, the standard condition of Year-Round Water Use Management becomes operative. (2) Stage 2 – Severe Water Demand (a) Requirements for initiation – Customers shall be required to comply with the requirements and restrictions on non-essential water uses, as outlined herein in Responses to Trigger Conditions, Stage 2, when: (i) The seven (7) day average water consumption reaches 90% of production/distribution capacity of the system, or (ii) The City daily water consumption will not enable storage levels to be maintained for fire protection. (b) Requirements for termination – Stage 2 of the Plan may be rescinded by the City Manager when the seven (7) day average water consumption decreases below 90%. ORDINANCE NO. 2024-4509 Page 8 of 15 Upon termination of Stage 2, Stage 1 becomes operative as directed by the City Manager. (3) Stage 3 – Extreme Water Demand (a) Requirements for initiation – Customers shall be required to comply with the requirements and restrictions on non-essential water uses, as outlined herein in Responses to Trigger Conditions, Stage 3, when: (i) The 7 day average water consumption reaches 95% of production/distribution capacity of the system, or (ii) The City daily water consumption will not enable storage levels to be maintained for fire protection. (b) Requirements for termination – Stage 3 of the Plan may be rescinded by the City Manager when the seven (7) day average water consumption decreases below 95%. Upon termination of Stage 3, Stage 2 becomes operative as directed by the City Manager. (4) Stage 4 – Water Supply Emergency (a) Requirements for initiation – Customers shall be required to comply with the requirements and restrictions on non-essential water uses, as outlined herein in Responses to Trigger Conditions, Stage 4, when: (i) The City water system is contaminated, whether accidentally or intentionally. A Water Supply Emergency condition is reached immediately upon detection. or (ii) The City water system fails for any reason. A Water Supply Emergency condition is reached immediately upon detection. (b) Requirements for termination – Stage 4 of the Plan may be rescinded by the City Manager with TCEQ guidance when the condition(s) listed above as triggering events have ceased to exist. Upon termination of Stage 4, the previously initiated stage becomes operative as directed by the City Manager. K. RESPONSES TO TRIGGER CONDITIONS The City shall monitor water supply and/or demand conditions on a daily basis and, in accordance with the triggering criteria set forth herein, shall determine that a high, severe, extreme, or emergency condition exists and shall implement the following actions upon notice as provided herein: (1) Stage 1 – High Water Demand The goal for Stage 1 of the Plan is to achieve a 5% reduction in daily water demand and maintain average daily water demand below eighty-five percent (85%) of system capacity. ORDINANCE NO. 2024-4509 Page 9 of 15 If the City Manager enacts Stage 1, the following water use restrictions shall apply to all customers using water provided by the City, in addition to the Year-Round Water Use Restrictions: (a) Transmission of flow through interconnects to other water utilities requires City Manager approval. (b) Water customers are required to participate in the Stage 1 Watering Schedule for non- essential water use. Non-essential water use shall only occur on designated outdoor watering days, which will be no more than twice each week. The Stage 1 Watering Schedule will be determined and distributed each year by the City. (c) Non-essential water use is permitted: (i) From 12:00 midnight to 10:00 A.M. and from 6:00 P.M. to 12:00 midnight on a customer’s designated watering day (d) The time of day restrictions do not apply to: (i) The irrigation of commercial plant nurseries. (ii) Irrigation using reclaimed water. (iii)The testing of new irrigation systems or existing irrigation systems being tested or under repair. (iv) Irrigation using hand-held hoses equipped with a positive pistol grip nozzle or other device that automatically shuts off water flow when the hose is not being held by the water user, by drip irrigation, by soaker hose, or by hand-held buckets. (e) Irrigation of new landscapes is permitted according to the following schedule: (i) During planting and the first ten days after installation, once per day; (ii) Day 11 through Day 20 after installation, once every other day; (iii)Day 21 through Day 30 after installation, once every third day. (f) The washing of automobiles, trucks, motorbikes, boats, trailers, airplanes or other vehicles is permitted: (i) On designated watering days, from 12:00 midnight to 10:00 A.M. and from 6:00 P.M. to 12:00 midnight. (ii) Such washing, when allowed, shall be done with a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rinses. (iii)The washing of individual vehicles may be done at any time on the immediate premises of a commercial car wash or commercial service station. (iv) Further, this restriction does not apply to the washing of vehicles or any other type of mobile equipment (such as garbage trucks and vehicles to transport food and perishables) when the health, safety, and welfare of the public is contingent upon frequent vehicle cleansing. (g) Use of water for the irrigation of golf course greens, tees, and fairways is permitted only on designated watering days. Such irrigation shall only occur from 12:00 midnight to 10:00 A.M. and from 6:00 P.M. to 12:00 midnight. These restrictions do not apply ORDINANCE NO. 2024-4509 Page 10 of 15 to the irrigation of any golf course that uses reclaimed water, or other non-potable water sources. (2) Stage 2 – Severe Water Demand The goal for Stage 2 of the Plan is to achieve a 5% reduction in daily water demand, maintaining average daily water demand below ninety percent (90%) of system capacity. If the City Manager enacts Stage 2, the following water use restrictions shall apply to all persons: (a) Supply Management Measures – The City will cease the flushing of water mains except when necessary to maintain public health, safety, and welfare. (b) Water Use Restrictions – All requirements of Stage 1 shall remain in effect during Stage 2, with these additional water use restrictions: (i) The use of permanently installed irrigation systems, drip irrigation systems, and hose end irrigation is allowed one day per week. The Stage 2 Watering Schedule will be determined and distributed each year by the City. Such water use may occur only between the hours of 6:00 A.M. to 10:00 A.M. and 6:00 P.M. to 10:00 P.M. on designated water use days. (ii) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited. This restriction does not apply to a commercial carwash or a commercial service station or if washing is necessary to protect the health safety, and welfare of the public. (iii)Commercial plant nurseries may use only hand-held buckets, or hand-held hoses equipped with a positive pistol grip nozzle, or other device that automatically shuts off water flow when the hose is not being held by the water user. All variances granted in a particular stage shall expire upon advancing to a more restrictive Stage of the Plan. (3) Stage 3 – Extreme Water Demand The goal for Stage 3 of the Plan is to achieve a 5% reduction in daily water demand, maintaining average daily water demand below ninety percent (95%) of system capacity. If the City Manager enacts Stage 3, the following water use restrictions shall apply to all persons: (a) Supply Management Measures – All City departments will discontinue irrigating public landscaped areas except when such areas are irrigated with reclaimed water, or water source other than that provided by the City water system. ORDINANCE NO. 2024-4509 Page 11 of 15 (b) Water Use Restrictions – All requirements of Stage 2 shall remain in effect during Stage 3, with these additional water use restrictions: (i) The use of permanently installed irrigation systems, drip irrigation systems, and hose end irrigation is prohibited. (ii) Non-essential water use is restricted to use of hand-held buckets, or hand-held hoses equipped with a positive pistol grip nozzle, or other device that automatically shuts off water flow when the hose is not being held by the water user. (iii)Such water use may occur only between the hours of 6:00 A.M. to 10:00 A.M. and 6:00 P.M. to 10:00 P.M. on a single designated non-essential water use day each week. (iv) The washing of automobiles, trucks, trailers, boats, airplanes, and other types of mobile equipment not occurring on the immediate premises of a commercial car wash or a commercial service station and not in the immediate interest of the public health, safety, and welfare are prohibited. (v) Commercial plant nurseries may use only hand-held buckets, or hand-held hoses equipped with a positive pistol grip nozzle, or other device that automatically shuts off water flow when the hose is not being held by the water user. (vi) The filling, refilling, or adding of potable water to swimming or wading pools is prohibited. (vii) No new landscapes of any type may be installed. (viii) Charity car washes are prohibited. (ix) Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life. This restriction does not apply to ornamental fountains or ponds that use reclaimed water, non-potable water, or water sources other than the City water system. All variances granted in a particular stage shall expire upon advancing to a more restrictive Stage of the Plan. (4) Stage 4 – Water Supply Emergency The goal for Stage 4, Water Supply Emergency, is to rectify the emergency and return to normal operating conditions as soon as possible. In the event of an imminent or actual water supply emergency due to a loss of water supply source (including contamination), system or equipment failure, or any other condition that reasonably constitutes an emergency, the City Manager has the authority to initiate the following Water Supply Emergency Responses: ORDINANCE NO. 2024-4509 Page 12 of 15 (a) The City Manager may request assistance from the City of Bryan and Texas A&M University in maintaining distribution system volume and pressure during the emergency conditions. (b) Effective immediately upon initiation of Stage 4, all non-essential water use shall be discontinued. (c) If water shortage or water emergency conditions threaten public health, safety, and welfare, the City Manager, upon recommendation of the Water Services Director, may order water rationing and/or terminate service to selected users of the system in accordance with the following sequence: (i) Recreational users, (ii) Commercial users, (iii)School users, (iv) Residential users, and (v) Hospitals, public health, and safety facilities. (d) Public Notification: If minimum health and safety standards for drinking water are not met during emergency conditions, public service announcements on local television and radio stations will be utilized to notify the public of the emergency conditions and response measures. These response measures may include notifying the public of the need to boil water, use bottled water, or use a designated alternate water source, as appropriate. (e) Emergency Management Assistance: The City may seek assistance through the local and/or State Emergency Management Program. L. WHOLESALE AGREEMENTS/CONTRACTS PROVISION In the event that the Trigger Conditions specified by Stage 3 – Severe Water Shortage, or Stage 4 – Water Supply Emergency, of this Plan have been met, the City Manager is hereby authorized to initiate allocation of water supplies to wholesale customers on a pro rata basis. This stipulation applies to all existing and future wholesale water supply contracts or agreements made with the City. The pro rata basis for water allocation to wholesale customers will be made in accordance with the Texas Water Code §11.039 and as specified in 30 Texas Administrative Code §288.22(a)(7). M. ENFORCEMENT (1) No person shall knowingly or intentionally allow the use of potable water from the City for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this Plan, or in an amount in excess of that permitted by the stage in effect at the time pursuant to action taken by the City Manager in accordance with provisions of this Plan. ORDINANCE NO. 2024-4509 Page 13 of 15 (2) If a person is convicted of three or more distinct violations of this Plan, the City shall provide written notice to the person of possible termination of water service. The notice shall apprise the person of the possible termination of service, the reasons for such possible termination, and afford the person an opportunity to present their objections to termination in a hearing before the City Manager or the City Manager’s designee. The person shall have not less than ten (10) days to present their objections. The notice shall also contain the notice requirements described in TCEQ Commission Rules located in 30 Texas Administrative Code §291.88(a), as it currently exists or as amended from time to time. If after such hearing, the City Manager or the City Manager’s designee determines that service will be terminated, services discontinued under such circumstances shall be restored only upon payment of the reconnection charge, as established by City’s Code of Ordinances, and any other costs incurred by the City in discontinuing service. In addition, suitable assurance must be given to the City Manager or the City Manager’s designee, that the same action shall not be repeated while the Plan is in effect. Compliance with this Plan may also be sought through injunctive relief in a Texas district court. (3) Any person who violates this Plan is guilty of a misdemeanor and, upon conviction shall be punished by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day that one or more of the provisions in this Plan is violated shall constitute a separate offense. If a person is convicted of three or more distinct violations of this Plan, the City Manager or the City Manager’s designee shall, upon due notice to the customer, be authorized to discontinue water service to the premises where such violations occur. Services discontinued under such circumstances shall be restored only upon payment of a re-connection charge, as established by the City’s Code of Ordinances, and any other costs incurred by the City in discontinuing service. In addition, suitable assurance must be given to the City Manager or the City Manager’s designee that the same action shall not be repeated while the Plan is in effect. Compliance with this plan may also be sought through injunctive relief in a Texas district court. (4) A City of College Station Police Officer, Code Enforcement Officer, or other authorized employee designated by the City Manager may issue a citation or a summons to a person they reasonably believe to be in violation of this Ordinance. The citation or summons shall be prepared in duplicate and shall contain the name and address of the alleged violator, if known, the date or dates of the violation, the location of the violation, the offense or offenses charged, and shall direct the alleged violator to appear in the City of College Station Municipal Court on the date shown on the citation or summons, for which the date shall not be less than 3 days nor more than 5 days from the date the citation or summons was issued. The alleged violator shall be served a copy of the citation or summons either by hand-delivery or certified United States Postal Service mail, with return receipt confirmation. Service of the citation or summons shall be complete upon delivery of the citation or summons to the alleged violator, to an agent or employee of an alleged violator, or to a person over 14 years of age who is a member of the alleged violator’s immediate family or is a resident of the alleged violator’s residence. The alleged violator shall appear in municipal court to enter a plea of guilty, no contest, or not guilty for the violation of this ORDINANCE NO. 2024-4509 Page 14 of 15 Plan. If the alleged violator fails to appear in municipal court, a warrant for the alleged violator’s arrest may be issued. A summons to appear may be issued in lieu of a citation or an arrest warrant. These cases shall be expedited and given preferential setting in municipal court before all other cases. N. PRESUMPTIONS (1) Any person, including a person classified as a water customer of the City, in apparent control of the property where a violation occurs or originates, shall be presumed to be the violator, and proof that the violation occurred on the person’s property shall constitute a rebuttable presumption that the person in apparent control of the property committed the violation, but any such person shall have the right to show that they did not commit the violation. (2) Parents shall be presumed to be responsible for violations of their minor children and proof that a violation, committed by a child, occurred on property within the parents’ control shall constitute a rebuttable presumption that the parent committed the violation. Any such parent may be excused if they prove that they had previously directed the child not to use the water as it was used in violation of this Plan and that the parent could not have reasonably known of the violation. O. VARIANCES The City Manager or the City Manager’s designee may, in writing, grant temporary variances for existing water uses otherwise prohibited under this Plan if it is determined that failure to grant such a variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance, or if one or more of the following conditions are met: (1) Compliance with this Plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the Plan is in effect. (2) Alternative methods can be implemented which will achieve the same level of reduction in water use. Persons or entities requesting an exemption from the provisions of this Ordinance shall file a petition for variance with the City within five (5) business days after the Plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the City Manager or the City Manager’s designee and shall include the following: (a) Name and address of the petitioner(s), (b) Location and purpose of water use, (c) Specific provision(s) of the Plan from which the petitioner is requesting relief, (d) Detailed statement as to how the specific provision of the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this Plan, (e) Description of the relief requested, (f) Period of time for which the variance is sought, ORDINANCE NO. 2024-4509 Page 15 of 15 (g) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this Plan and the compliance date, (h) Estimated water savings, as a percentage (%) of normal monthly water use, while operating under the variance requested, and (i) Other information reasonably requested by the City. (3) Variances granted by the City Manager or the City Manager’s designee shall be subject to the following conditions, unless waived or modified by the City Manager or the City Manager’s designee: (a) Variances granted shall include a timetable for compliance, and (b) Variances granted in a particular stage shall expire upon advancing to a more restrictive stage of the Plan. (c) Petitioners shall prominently display the variance granting document where it can be read by the general public at all location(s) for which the variance applies, and make said variance available to the public. (d) Variances granted may be revoked by the City Manager or the City Manager’s designee if the petitioner fails to meet the specific requirements set forth in the variance. (e) No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the variance.