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Public Notice

(Published in The Hays Daily News May 1, 2013)

ORDINANCE NO. 3860

AN ORDINANCE AMENDING CHAPTER 65 OF THE CITY OF HAYS, KANSAS, MUNICIPAL CODE, BY MODIFYING

ARTICLE III, DIVISION 1, SECTION 65-69, REGARDING WATER ALLOTMENT AND CONSERVATION.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HAYS, KANSAS:

Section 1. Chapter 65, Article III, Division 1, Section 65-69 of the City of Hays, Kansas Municipal Code is hereby amended as follows:

CHAPTER 65 

UTILITIES

ARTICLE III. WATER SERVICE SYSTEM

DIVISION 1.  GENERALLY

Sec. 65-69. Water Allotment and Conservation.

(a) Purpose. In order to conserve the water supply of the city, to meet the needs and demands of the citizens of the city, and to eliminate waste in the use of such water, it shall be and is made unlawful for any person of any nature, including all persons and entities outside the City limits of the City of Hays, Kansas, with whom the City has any agreement to provide potable water, to use water contrary to and in violation of the following provisions. This section shall be known as and referred to as the “Water Allotment And Conservation Ordinance” of the city. 

(b) Definitions and Regulations. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning. The terms “water user,” “customer” and “water service account” shall be synonymous:

Outdoor watering means 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.

Residential water user, in addition to meaning private residential water user, also means and includes residents of apartments, duplexes, and other like multiple resident facilities, but shall not include hospitals, nursing homes, residence halls, dormitories, or other similar uses.

Ultra low-flow means, in the case of faucets and showerheads, devices which substantially restrict the flow of water, while only providing sufficient water for the purpose intended; and in the case of water closets or toilets, means devices which restrict the use of water per flush to 1.6 gallons, or less. 

(c) Regulations

(1) The use of water for the washing down of sidewalks, walkways, driveways, parking lots, gas station aprons, and all other hard-surfaced areas, and other similar practices, shall be prohibited; provided that upon application, a special permit to allow such usage may be granted by the city clerk, if sufficient documentation and need, such as unreasonable hazard to public safety, can be shown. 

(2) 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. 

(3) Outdoor watering, including, but not limited to, the irrigation of lawns, shrubs, flowers, trees, gardens and other outdoor vegetation, with potable water, shall be prohibited between the hours of 12:00 noon and 7:00 p.m., between June 1 and September 30, inclusive. Upon application and good cause shown, a special permit may be issued by the City to allow watering newly seeded lawns between said hours and said dates, with the terms and conditions of said permit to be established by the City, taking into account the type of grass and vegetation to be planted and watered so as to maximize the benefit of the use of potable water for said purpose, minimizing the waste of water and encouraging the water user to establish the grass and other vegetation at the optimum time and season.  Said permit shall be valid for a maximum of ten days, shall restrict and regulate watering consistent with all ordinances and regulations, and shall be posted prominently at the site of the planting so that law enforcement and the public can easily view the permit.  The City shall establish fees for said permits, in such a manner as to encourage the planting of low-water-use grass and vegetation and shall establish a system and program to purchase warm season, low-water-use seed and plants to give to applicants who are converting higher water-use grass and vegetation to lower water-use grass and vegetation.  The City Manager or his designee shall inform the City Commission, as needed, of all current provisions of said permits, setting out all pertinent requirements and regulations, fees, financial incentives, and other information. 

(4) 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 the term “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 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) Penalties. Any person accused of violating the provisions of subsection (c) of this section shall be notified in writing that such accusation has been made and the accused party may request a hearing before the city clerk, or any representative appointed by the city clerk, and may present evidence in defense of such accusation. If a request for a hearing is not served on the city clerk within three days following the service of the written accusation on the accused party or if the city clerk finds that the allegations of such accusation are true, the following penalties shall be imposed: 

(1) Upon a first violation, the accused party shall be issued a formal written warning.

(2) Upon a second violation, water service shall be terminated on the property involved and a resumption of services fee in the sum of $50.00 shall be paid before water service shall be resumed. 

(3) Upon a third violation, water service shall be terminated on the property involved and a resumption of services fee in the sum of $200.00 shall be paid before water service is resumed. 

(4) Upon a fourth violation and any subsequent violations, water service shall be terminated on the property involved and a resumption of services fee in the sum of $250.00 shall be paid before water service is resumed. 

These provisions 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 purpose of assessing penalties in this section. 

Section 2. The ordinance shall take effect and be in force from and after its passage and publication in the Hays Daily News, the official city newspaper.

PASSED by the Commission on April 25, 2013.

KENT STEWARD

Mayor

ATTEST

DORIS WING

City Clerk

(SEAL)

Published online - 4/29/2013, 11:22 AM