The purpose of this article is to provide for a progressive water supply conservation program, including the declaration of a water supply watch, warning or emergency and the implementation of voluntary and mandatory water conservation measures throughout the city in the event such a watch, warning or emergency is declared by the governing body of the City.

(Ord. 1280; Code 2009)

(a)   Water - Shall mean water available to the city for treatment by virtue of its water rights or any treated water introduced by the city into its water distribution system, including water offered for sale at any coin- operated site.

(b)   Customer - Shall mean the customer of record using water for any purpose from the city’s water distribution system and for which either a regular charge is made or, in the case of coin sales, a cash charge is made at the site of delivery. For purposes of this section, “water user,” “customer,” and “water service account” shall be synonymous.

(c)   For the purposes of this section, residential water user, in addition to meaning private residential water user, also means and includes residents of apartments, duplexes, and other like municipal resident facilities, but shall not include hospitals, nursing homes or other similar uses.

(d)   Waste of Water - Includes but is not limited to (1) permitting water to escape down a gutter, ditch, or other surface drain, or (2) failure to repair a controllable leak of water due to defective plumbing.

(e)   Outdoor Watering - shall mean the irrigation with water of lawns, shrubs, flowers, trees, gardens and other outdoor vegetation for personal, private, commercial, or governmental purposes; the filling or adding of water to public or private swimming pools; the washing down with water of buildings, machinery, vehicles and appliances for personal or private purposes, and other similar practices and acts. Upon application, a special permit shall be issued to allow watering for newly seeded, Buffalo or Bermuda grass lawns between the hours of 12:00 noon and 7:00 p.m., effective June1 through September 30 as set forth in the Water Conservation Code.

(f)   Commercial Water Usage - shall mean water used in connection with an entity or individual whose sole purpose is to generate income of any kind, whether direct or indirect but does not include: educational institutions, non-profit organizations, and organizations created for the promotion of social welfare and public safety. Commercial Water Usage includes but is not limited to:

(1)   Commercial Aesthetic or Incidental: Water usage which, while commercial, is incidental to the purpose of the commercial enterprise such as water usage for beautification purposes.

(2)   Commercial Principal Use: Commercial water usage which is a necessary element of basis of the commercial enterprise. This water usage comprises an essential function or component of the commercial enterprise.

(g)   The following classes of uses of water are established:

Class 1:  Water used for outdoor watering, either public or private, for gardens, lawns, trees, shrubs, plants, parks, golf courses, playing fields, swimming pools or other recreational areas; or the washing of motor vehicles, boats, trailers, or the exterior of any building or structure.

Class 2:   Water used for any commercial or industrial, including agricultural, purposes; except water actually necessary to maintain the health and personal hygiene of bona fide employees while such employees are engaged in the performance of their duties at their place of employment.

Class 3:   Domestic usage, other than that which would be included in either classes 1 or 2.

Class 4:   Water necessary only to sustain human life and the lives of domestic pets and maintain standards of hygiene and sanitation.

(Ord. 1280; Code 2009; Ord. 1387; Code 2022)

In the event that the governing body of the City or the City’s designated official determines that the City’s water supply may be in subject to a shortage in supply or the governing body of the City determines there is need for conservation of City’s water resources for any reason, the City may begin the progressive three (3) stage water conservation program by declaring a water watch as described in section 3(a) or, in times of need and / or duress, the governing body of the City may choose to declare any section of the program described in section 3 in effect at any time:

(a)   Stage 1: Declaration of Water Watch. Whenever the governing body of the City finds that conditions indicate that the probability of a drought or some other condition causing a major water supply shortage is rising, it shall be empowered to declare, by resolution, that a water watch exists and that it shall take steps to inform the public and ask for voluntary reductions in water use. Such a watch shall be deemed to continue until it is declared by resolution of the governing body to have ended. The resolutions declaring the existence and end of a water watch shall be effective upon their publication in the official city newspaper.

(b)   Stage 2: Declaration of Water Warning. Whenever the governing body of the City finds that drought conditions or some other condition causing a major water supply shortage are present and supplies are starting to decline, it shall be empowered to declare by resolution that a water warning exists and that it will recommend restrictions on nonessential uses during the period of warning. Such a warning shall be deemed to continue until it is declared by resolution of the governing body to have ended. The resolutions declaring the beginning and ending of the water warning shall be effective upon their publication in the official city newspaper. Pursuant to the approval of the Chief Engineer, Division of Water Resources, Kansas Department of Agriculture, the recommended restrictions on nonessential uses may be extended to private wells within the City limits.

(c)   Stage 3: Declaration of Water Emergency. Whenever the governing body of the City finds that an emergency exists by reason of a shortage of water supply needed for essential uses, it shall be empowered to declare by resolution that a water supply emergency exists and that it will impose mandatory restrictions on water use during the period of the emergency. Such an emergency shall be deemed to continue until it is declared by resolution of the governing body to have ended. The resolutions declaring the existence and end of a water supply emergency shall be effective upon their publication in the official city newspaper. Pursuant to the approval of the Chief Engineer, Division of Water Resources, Kansas Department of Agriculture, the mandatory restrictions on water use may be extended to private wells within the City limits.

(Ord. 1280; Code 2009)

Upon the declaration of a water watch or water warning as provided in Sections 3(a) or 3(b), the mayor is authorized to call on all water consumers to employ voluntary water conservation measures to limit or eliminate nonessential water uses including, but not limited to, limitations on the following uses:

(a)   Sprinkling of water on lawns, shrubs or trees (including golf courses).

(b)   Washing of automobiles.

(c)   Use of water in swimming pools, fountains and evaporative air conditioning systems.

(d)   Waste of water.

(Ord. 1280; Code 2009)

Upon the declaration of a water supply emergency as provided in Section 3(c), the mayor or authorized city official is also authorized to implement certain mandatory water conservation measures, including, but not limited to, the following conservation measures:

(a)   Suspension of new connections to the City’s water distribution system, except connections of fire hydrants and those made pursuant to agreements entered into by the City prior to the effective date of the declaration of the emergency;

(b)   Restrictions on the uses of water in one or more classes of water use, wholly or in part;

(c)   Restrictions on the sales of water at coin-operated facilities or sites;

(d)   The imposition of water rationing based on any reasonable formula including, but not limited to, the percentage of normal use and per capita or per consumer restrictions;

(e)   Complete or partial bans on the waste of water; and

(f)   Any combination of the foregoing measures in section as the governing body of the City or authorized city official may deem appropriate and/or necessary.

(Ord. 1280; Code 2009)

Upon the declaration of a water supply emergency as provided above, the governing body of the City shall have the power to adopt emergency water rates by ordinance designed to conserve water supplies. Such emergency rates may provide for, but are not limited to:

(a)   Higher charges for increasing usage per unit of use (increasing block rates);

(b)   Uniform charges for water usage per unit of use (uniform unit rate); or

(c)   Extra charges in excess of a specified level of water use (excess demand surcharge).

(Ord. 1280; Code 2009)

To facilitate the purposes of this section the following regulations are imposed and control water use of the water supply of the City of Ellis, even in situations where a water watch, warning, or emergency has not been declared. It shall be and is made unlawful for any person, firm, corporation, or entity of any nature, to use water contrary to and in violation of the following regulations:

(a)   The escape or loss of water through breaks or leaks within the water user’s plumbing or distribution system for any substantial period of time shall be prohibited, it being presumed that a period of eight hours after the water user discovers or should have discovered such leak or break, is a substantial period of time.

(b)   Outdoor watering, including, but not limited to, the irrigation of lawns, shrubs, flowers, trees, gardens and other outdoor vegetation, shall be prohibited between the hours of noon and 7:00 p.m., year round.

(c)   No water user shall allow substantial amounts of water to escape or drain from private property onto public property, including, but not limited to, public sidewalks, rights-of-way, streets, alleys, and highways, provided that substantial shall mean an amount sufficient to cause a discernible flow of water reaching the street, gutter or other drainage system. For purposes of this section, it shall be conclusively presumed that the resident (s) of property from which water escapes or drains knows of such escape or draining. However, the escape of water from private property due to washing of vehicles shall not be construed as substantial, provided the user of the water has not allowed water to flow from a hose or open tap when not directly being used to wash down the vehicle.

(d)   During the effective period of any water supply emergency as provided for in Section 5, the mayor is empowered to promulgate such regulations as may be necessary to carry out the provisions of this article, any water supply emergency resolution, or emergency water rate ordinance. Such regulations shall be subject to the approval of the governing body at its next regular or special meeting.

(Ord. 1280; Code 2009)

(a)   If the mayor, public works director, water superintendent, or other authorized city official or officials charged with implementation and enforcement of this article or a water supply emergency resolution learn of any violation of any water use restrictions imposed pursuant to this article, a written notice of the violation shall be affixed to the property where the violation occurred and the customer of record and/ or any other person known to the City to be responsible for the violation and / or the correction of said violation shall be provided with either actual or mailed notice. Said notice shall describe the violation(s) and order that the noted violation(s) be corrected, cured or abated immediately or within such specified time as the City determines is reasonable for such correction, cure or abatement under the circumstances. In the event the order is not cured within the time period given in the notice, the City may terminate water service to the customer subject to the following procedures:

(1)   The City shall give the customer notice by mail or actual notice that water service will be discontinued within a specified time due to the violation(s) and that the customer will have the opportunity to appeal the termination by requesting a hearing scheduled before the City governing body or a city official designated as a hearing officer by the City governing body;

(2)   If such a hearing is requested by the customer charged with the violation, the customer shall be given a full opportunity to be heard by the City governing body or the city official designated as a hearing officer by the City governing body before termination is ordered; and the City governing body or the city official designated as a hearing officer by the City governing body shall make findings of fact and order whether service should continue or be terminated.

(b)   A fee of $30.00 shall be paid for the reconnection of any water service terminated pursuant to subsection (a). In the event of subsequent violations, the reconnection fee shall be $60.00 for the second reconnection and $100 for any subsequent additional reconnections within a two year (24 months) period.

(c)   Violations of this article shall be a municipal offense and may be prosecuted in Municipal Court. Any person so charged and found guilty in Municipal court of violating the provisions of this article shall be guilty of a municipal offense. Each calendar day in which a violation is observed shall constitute a separate offense. These provisions contained herein are cumulative and for purposes of determining the number of violations committed the previous 24 months shall be considered. Any violations previous to the preceding 24 months shall not be considered as violations for the purposes of assessing penalties of this section.

(1)   On first violation the offender shall be fined a maximum of $50.00.

(2)   Upon second violation the offender shall be fined a maximum of $100.00.

(3)   Upon third violation the offender shall be fined a maximum of $150.00.

(4)   Upon fourth violation the offender shall be fined a maximum of $200.00 In addition, such customer may be required by the Court to serve a definite term of confinement in the city or county jail which shall be fixed by the Court and which shall not exceed thirty (30) days.

(Ord. 1280; Code 2009)

Nothing in this article shall limit the ability of any properly authorized city official from terminating the supply of water to any or all customers upon the determination of such city official that emergency termination of water service is required to protect the health and safety of the public or for any other emergency as required or authorized by ordinance or as deemed necessity of the City by such city official or the governing body of the City.

(Ord. 1280; Code 2009)

(a)   Upon application, a special permit may be issued to allow watering for newly seeded, native grass lawns between the hours of 12:00 noon and 7:00 p.m., effective June 1 through September 30 as set forth in the Water Conservation Code.

(b)   Application for a special permit must be accompanied by a receipt or other proof of purchase of native grass seed. For purposes of this Code native grass is defined as Bermuda, Buffalo or Zoysia or any hybrid thereof.

(c)   Permits shall be for a duration not to exceed ten (10) days and are renewable for a total of three (3) consecutive permits not to exceed a total of thirty (30) days per season, June 1 through September 30.

(d)   Upon grant of permit, said permit shall be conspicuously displayed on the door or window of the building located address of the permit.

(Ord. 1388; Code 2022)