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HomeMy WebLinkAboutORDINANCE NO. 07-10-49STATE OF GEORGIA ORDINANCE NO. 07-10-49 COUNTY OF FULTON AN EMERGENCY ORDINANCE OF THE CITY OF MILTON TO ADOPT ARTICLE 9 OF CHAPTER 14 OF THE CITY CODE OF ORDINANCES PROVIDING RESTRICTIONS ON OUTDOOR WATERING CONSISTENT WITH RESTRICTIONS ESTABLISHED BY THE GEORGIA DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION AS MODIFIED BY THE FULTON COUNTY WATER SYSTEM; TO PROVIDE PROCEDURES FOR IMPLEMENTATION AND ENFORCEMENT; TO DECLARE A WATER SHORTAGE EMERGENCY AND FOR OTHER PURPOSES The Council of the City of Milton hereby ordains while in regular session on the 181h day of October, 2007 at 7:00 pm. as follows: SECTION 1. That pursuant to the authority granted in Section 3.18 of its Charter for the adoption of emergency ordinances, the City Council finds that an emergency exists so as to justify the adoption of this ordinance on such a basis; and SECTION 2. That the Ordinance amending Chapter 14 of the City Code of Ordinance to add Article 9, related to water use restrictions, is hereby adopted and approved on an emergency IN= basis; and is attached hereto as if fully set forth herein; and, SECTION 3. That a water shortage emergency is hereby declared in the City of Milton, activating the provisions of Article 9 of Chapter 14 of the City Code of Ordinances; and, SECTION 4. That this Ordinance shall become upon its adoption. ORDAINED, this the 18th day of October, 2007. Attest: 4gt"teR. Marchi ava, City Cl rk (Seal) Approved: Mayor Milton City Code Chanter 14, Article 9: Water Use Restriction Ordinance Section 1: Purpose and Intent (a) The purpose of this ordinance is to protect the public health, safety and welfare by adopting and enforcing water use measures that encourage water conservation and ensure adequate supplies of water for the residents and water customers of the city. (b) It is the policy of the city to promote water conservation by regulating outdoor water use, by Complying with the laws and regulations imposed by the State of Georgia on outdoor water use; and by restricting water usage during emergency conditions. (c) The City hereby establishes that in the event that the Georgia Environmental Protection Division (EPD declares that a water shortage drought emergency exists within the City of Milton, restrictions on outdoor watering consistent with restrictions established by the EPD will be implemented and enforced by the City. Section 2: Definitions (a) "Address " means the "house number" (a numeric or alphanumeric designation) that, together with the street name, describes a physical location of a specific property. "Even numbered address" means a house number ending with the number 0, 2, 4, 6, 8, or no house number. "Odd number address" means a house number ending with the number 1, 3, 5, 7, or 9. (b) "Declared Drought Response Level" means one of four levels of drought that can be declared based on the severity of drought conditions, with one being the least severe and four being the most severe. (c) "Director" means the director of the environmental protection division as defined in this article. (d) "Environmental Protection Division ("EPD" or "Division') means an organizational unit of the State of Georgia Department of Natural Resources ("DNR"), which has responsibility for administration of the State of Georgia's Rules for Outdoor Water Use (Ga.Comp.R.& Regs. Chapter 391-3-30) promulgated by the State of Georgia Board of Natural Resources. (e) "Owner" means a person who owns real property or the person's employee or agent. (f) "Tenant" means any person other than the owner who has possession or the right of possession of real property. Section 3: Applicabilty These rules apply to an entity, and its customers, permitted by the EPD for water withdrawal or for operation of a drinking water system. (a) Outdoor Water Use Schedule During Non -Drought Periods (i) Outdoor water use other than exempted activities shall occur only as follows: "' (A) Odd -numbered addresses: outdoor water use is allowed on Tuesdays, Thursdays and Sundays. (B) Even -numbered addresses: Outdoor water use is allowed on Mondays, Wednesdays and Saturdays. (b) Outdoor water use During Declared Drought Response Levels (i) The Director of the Environmental Protection Division is authorized to make drought declarations. (ii) During declared drought conditions, outdoor water use other than activities exempted in 391-3-30-05, shall occur only during scheduled hours on the scheduled days. (c) Declared Drought Response Level One — Outdoor water use may occur on scheduled days within the hours of 12:00 midnight to 10:00 a.m. and 4:00 p.m. to 12:00 midnight. (i) Scheduled days for odd -numbered addresses are Tuesdays, Thursdays and Sundays. (ii) Scheduled days for even -numbered addresses are Mondays, Wednesdays and Saturdays. (iii) Use of hydrants for any purpose other than firefighting, public health, safety or flushing are prohibited. (d) Declared Drought Response Level Two — Outdoor water use may occur on scheduled days within the hours of 12:00 midnight to 10:00 a.m. (i) Scheduled days for odd numbered addresses are Tuesdays, Thursdays and Sundays. (ii) Scheduled days for even -numbered addresses are Mondays, Wednesdays and Sundays. (iii) The following uses are prohibited: (A) Using hydrants for any purpose other than firefighting, public health safety or flushing. (B) Washing hard surfaces, such as streets, gutters, sidewalks and driveways except when necessary for public health and safety. (e) Declared Drought Response Level Three — Outdoor water use may occur on the scheduled day within the hours of 12:00 midnight to 10:00 a.m. (i) The scheduled day for odd -numbered addresses is Sunday. (ii) The scheduled day for even -numbered addresses and golf course fairway is Saturday. (iii) The following uses are prohibited: (A) Using hydrants for any purpose other than firefighting, public health, safety or flushing. (B) Washing hard surfaces, such as streets, gutters, sidewalks, and driveways except when necessary for public health and safety. (C) Filling installed swimming pools except when necessary for health care or structural integrity. (D) Washing vehicles, such as cars, boats, trailers, motorbikes, airplanes and golf carts. (E) Washing buildings or structures except for immediate fire protection. (F) Non-commercial fund-raisers, such as car washes. (G) Using water for ornamental purposes, such as fountains, reflecting pools, and waterfalls except when necessary to support aquatic life. (f) Declared Drought Response Level Four - NO OUTDOOR WATER USE IS ALLOWED, other than for activities exempted in 391-3-30-05, or as the EPD Director may order. Section 4: Exemptions (a) This rule shall not apply to the following outdoor water uses: (i) Capture and re -use of cooling system condensate or storm water in compliance with applicable local ordinances. (ii) Re -use of gray water in compliance with applicable local ordinances. (b) The following established landscape uses are exempt from the outdoor watering use schedules of the rule. (i) Use of reclaimed wastewater by a designated user from a system permitted by EPD to provide reclaimed wastewater. (ii) Irrigation of personal food gardens. (c) Newly (in place less than thirty days) installed landscapes are subject to the following: (i) Irrigation of newly installed landscapes is allowed any day of the week, but only during allowed hours for the drought response level in effect, for a period of 30 days following installation. No watering is allowed during Drought Response Level Four. (ii) For new landscapes installed by certified or landscape professionals, commercial exemptions apply. (d) The following golf course outdoor water uses are exempt from outdoor water use schedules of this rule: (i) Use of reclaimed wastewater by a designated user from a system permitted by EPD to provide reclaimed wastewater. (ii) Irrigation of fairways during times of non -drought and Declared Drought Response Level One. (iii) Irrigation of tees during times of non -drought and Declared Drought Response Levels One, Two and Three (iv) Irrigation of greens. (e) The following commercial outdoor water uses are exempt from the outdoor water use schedules of this rule: (i) Professionally certified or licensed landscaper, golf course contractors, and sports turf landscapers; during installation and 30 days following installation only. Professional landscapers must be certified or licensed for commercial exemptions to apply. (ii) Irrigation contractors: during installation and as needed for proper maintenance and adjustments only. (iii) Sod producers. (iv) Ornamental growers. (v) Fruit and vegetable growers (vi) Retail garden centers (vii) Hydro -seeding. (viii) Power -washing. (ix) Construction sites. (x) Producers of food and fiber. (xi) Car washes. (xii) Other activities essential to daily business. (xiii) Watering -in of pesticides and herbicides of turf. Section 5: Enforcement and Penalties: (a) No resident or customer shall use or allow the use of water in violation of the restrictions contained in this ordinance. (b) The City of Milton shall be the enforcement authority for this article. The Mayor may also authorize other departments in the city as may be deemed necessary to support enforcement. (i) Violators of this article shall be subject to the following schedule of administrative penalties: (A) First violation. Written notice posted at the property where the violation occurred. (B) Second violation and subsequent violations. A citation will be issued to requiring an appearance in Municipal Court and shall be punishable by a fine of up to one thousand dollars ($1,000.00).