The purpose of this article is to provide for the implementation of water conservation measures in the city in the event a water supply emergency is declared by the governing body of the City of Wichita.

(Ord. 292, Sec. 1)

Upon the declaration by the City of Wichita, Kansas, that a water supply emergency exists, and upon the establishment by the governing body therein of voluntary or mandatory restrictions on water use as set forth in Chapter 17.14 of the Code of the City of Wichita, Kansas, then a water supply emergency shall be deemed to exist in the city. When the City of Wichita has published the declaration and any water use restrictions through the general news media or in a newspaper of general circulation in the community, the any water use restrictions set forth by the City of Wichita shall immediately be in effect and enforceable in the city; however, the city may put into place restrictions that may differ from those imposed by the City of Wichita, but will conform to the intent as set forth by the City of Wichita except for the water schedule set forth in section 15-604(c), no local restriction in variance with the restrictions imposed by the City of Wichita shall be enforceable until, notice of sale is published once in the official city newspaper. Such emergency shall be deemed to continue until it is declared to have ended in the City of Wichita.

(Ord. 292, Sec. 2, Ord. 292A, Sec. 2)

The following terms shall have the meaning ascribed to them in this section:

(a)   Nonessential Water Use shall mean any or all of the following:

(1)   Irrigation or sprinkling of water on lawns, shrubs, or trees (irrigation or sprinkling of water on gardens is not a nonessential water use);

(2)   Washing of automobiles or other vehicles;

(3)   Use of water in swimming pools, fountains, and evaporative air conditioning systems;

(4)   The waste of water.

(b)   Water Supply Emergency shall mean the existence of conditions in the water supply system that reduce the volume or pressure of water so that essential public need cannot be met or cannot be met in the near future if present conditions continue. The determination of such condition shall be made by the city council or the city manager of the City of Wichita in their discretion using such information that may be provided by the director of water and sewer of the City of Wichita, or others knowledgeable of water supply needs and conditions.

(Ord. 292, Sec. 3)

Upon the declaration of a water emergency, one of the following classes of restriction of water use shall be established:

(a)   Voluntary Conservation Measures. The city manager of the City of Wichita is authorized to call upon all water customers to employ voluntary water conservation measures to limit or eliminate nonessential water use. Such requests may be made through the public media, distribution of literature, or their means at the disposal of the city manager of the City of Wichita that will ensure widespread dissemination.

(b)   Mandatory Conservation Measures. The city manager of the city of Wichita is authorized to call upon all water customers, including customers residing in the city to employ any of the following means to limit nonessential water use:

(1)   Total Ban. A ban on all or designated types of nonessential water use during the period of emergency or any portions thereof.

(2)   Partial Ban. Establishment of a schedule allowing all or designated types or nonessential water use by only a portion of the customers on any given day during the period of emergency (a) by a system based upon date and street address or (b) by a quadrant system whereby the City of Wichita and the surrounding areas which are supplied water by the City of Wichita are divided into four areas using Interstate 135 and Kellogg Street as the dividing lines. Except as allowed under the terms of such a schedule as more fully announced by the City of Wichita, all other nonessential water use is banned.

(3)   Variation in date and street address System. Whenever water use restrictions are imposed pursuant to this article, and the City of Wichita designates a date and street address system to limit nonessential water use for a portion of water customers, the city shall utilize the following watering schedule:

Customers’ street addresses ending with the numbers 0-8, such water use will be allowed on Tuesday and Friday;

Customers’ street addresses ending with the numbers 9-19, such water use will be allowed on Wednesday and Saturday;

Customers’ street address ending with numbers 20-99, such water use shall be allowed on Monday and Thursday.

No such water use so restricted will be allowed on Sunday for any water customer.

All other aspects of the particular water restrictions imposed by the City of Wichita upon their customer shall apply to the city water customers.

(Ord. 292, Sec. 4, Ord. 292A, Sec. 3)

Installers of lawn watering irrigation or sprinkling water systems, upon installing a lawn watering irrigation or sprinkling system, shall provide a copy of this article to the owner of the lawn watering irrigation or sprinkling system.

(Ord. 292, Sec. 5)

Whenever a water supply emergency is declared to exist as set forth in this article, in addition to all law enforcement officers, the following personnel employed by the City of Rose Hill shall have the power to enforce the provisions of this chapter:

(a)   Utilities Superintendent;

(b)   Utilities Billing Clerk;

(c)   City Clerk or Deputy City Clerk.

Such personnel shall have the power of a law enforcement officer for the purpose of signing a complaint and serving the complaint and a notice to appear upon any person where there is probable cause to believe such person has or is violating a section of this article and such violation has occurred or is occurring in the presence of the officer or employee empowered hereunder to enforce this article.

(Ord. 292, Sec. 6)

Any person violating the provisions of this article relating to mandatory conservation measures shall upon conviction be deemed guilty of a misdemeanor and fined a sum of not more than $100. Each day of violation shall be deemed a separate offense.

(Ord. 292, Sec. 7)

(a)   Persons using water from a well for any of the nonessential uses as defined in section 15-603 and when such uses are banned by order of the city council of the City of Wichita shall be exempt from the penalties of this chapter.

(b)   Persons using water from a well as set forth in subsection (a) shall display a sign with the words W ell Water upon it in a location that is readily visible to the general public while engaged in such use(s).

(Ord. 292, Sec. 8)