ORDINANCE NO. 2012 - 12
AN ORDINANCE AMENDING ENID MUNICIPAL CODE 2003, TITLE 8, ENTITLED “UTILITIES”; CHAPTER 2, ENTITLED “WATER SYSTEM,” SECTION 8-2-15, ENTITLED “CONSERVATION AND WASTE OF WATER,” TO PROVIDE FOR EMERGENCY WATER CONSERVATION MEASURES AND A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR REPEALER, SAVINGS CLAUSE SEVERABILITY, AND CODIFICATION.
ORDINANCE
BE IT ORDAINED BY THE MAYOR AND BOARD OF COMMISSIONERS OF THE CITY OF ENID, OKLAHOMA:
Section I: That Title 8, Chapter 2, Section 8-2-15 of the Enid Municipal Code 2003 is hereby amended to read as follows:
8-2-15: CONSERVATION AND WASTE OF WATER:
A. Preventing Waste; Maintaining Lines And Fixtures: All persons using water from the water system shall exercise reasonable measures to prevent the wanton or negligent waste thereof and prevent threats to the health, safety, or welfare of the public by maintaining all private water lines and pipe between the outlet side of the water meter and all fixture openings in watertight and nonleaking condition and in accordance with all city standards and specifications.
B. Cutoff Valve: Such persons shall install and maintain an approved cutoff valve in the private supply line for use in shutting off water during the periods that repairs in any private water lines are necessary.
C. Owner Or Occupant Responsibility: All such repairs, and all maintenance and the expense thereof shall be the responsibility of the owner or occupant of the premises affected.
D. Failure To Make Repairs; Termination Of Service: If any owner or occupant fails or refuses to make or cause to be made such repairs as necessary to stop a leaky condition, his failure or refusal shall be cause for the temporary termination by the city of water services at the premises.
E. Notice Of Termination Of Service: The city shall provide the owner or occupant twenty four (24) hours' notice prior to the termination of water service hereunder.
F. Proof Of Making Repairs: Should said necessary repairs be made by a licensed plumber or should arrangements be made by and between the owner or occupant and a licensed plumber for said necessary repairs to be made within a time period acceptable to the utility billing director or his designated representative, and should said necessary repairs or arrangements for repairs be reasonably verifiable by the utility billing director within said twenty four (24) hour notice period, then service to said premises shall not be terminated hereunder. However, should said necessary repairs not have been made pursuant to the standards, specifications, and requirements of the city, or should said repairs not have been made within a reasonable time pursuant to said arrangements, then said water service may be terminated without further notice. (1994 Code § 34-36)
G. Requirement: Upon direction by City of Enid staff to conserve water during a drought or to prevent a water shortage, citizens must comply by reducing their water consumption as described herein:
Phase 1: Persons with residences or commercial buildings on the even numbered sides of the street may only water their lawns on even numbered days, and persons with residences or commercial buildings on the odd numbered sides of the street may only water their lawns on odd numbered days.
Phase 2: In addition to the restrictions in Phase 1, no sprinkler systems or sprinklers are allowed. Outside watering is restricted to hand held watering only, no more than one (1) hour per day. Commercial and industrial users may be contacted to decrease consumption.
Violation: No person shall fail to comply with the City’s request to conserve water as described above. Upon receiving information that a citizen has not complied, the City Attorney’s office may file a charge in Municipal Court for “Violation of Water Conservation Ordinance,” the punishment of which may result in a fine up to one hundred dollars ($100.00), plus costs, for each day the defendant violates this ordinance.
Section II. REPEALER. All ordinances or parts thereof, which are inconsistent with this ordinance, are hereby repealed.
Section III. SAVINGS CLAUSE. Nothing in this ordinance hereby adopted shall be construed to affect any suit or proceeding now pending in any court, or any rights acquired or liability incurred nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired or affected by this ordinance.
Section IV. SEVERABILITY. The invalidity of any Section or provision of this Ordinance shall not invalidate other Sections or provisions thereof.
Section V. CODIFICATION. This ordinance shall be codified as Title 8, Chapter 2, Section 8-2-15 of the Enid Municipal Code, 2003.
PASSED AND APPROVED by the Mayor and Board of Commissioners on the 5th day of June, 2012.