ORDINANCE NO. 02-15
AN ORDINANCE ESTABLISHING WATER CONSERVATION PROCEDURES FOR THE CITY OF GREENWOOD, ARKANSAS; PROVIDING FOR PENALTIES FOR FAILURE TO COMPLY WITH THE CONDITIONS OF THIS ORDINANCE; AND, REPEALING ORDINANCES 362, 402, 99-11 AND 99-13; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES.
WHEREAS, the City of Greenwood has in past years experienced a diminished water supply during the summer and fall months to the extent that the continued supply of quality water to the citizens of Greenwood has been threatened; and,
WHEREAS, because of such problems, it would be prudent to take adequate precautions to establish appropriate water conservation measures to preserve the quantity and quality of water during the periods of low supply;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arkansas;
Section I. The City Council hereby authorizes the Mayor, in consultation with the Water Superintendent, to institute the appropriate phase of the water conservation plan established in Section II of this ordinance. In making the decision as to which phase should be instituted, the Mayor will consider the current water level in the lake, recent and projected rainfalls, water treatment plant processing levels, and current water quality. In no case, however, shall the lake level be allowed to drop more than four (4) feet from the permanent pool crest (top of permanent concrete dam) elevation before implementing Phase I conservation procedures, or more than six (6) feet from the permanent pool crest elevation before implementing Phase II conservation procedures. The Mayor’s decision will be made in writing with the basis so stated and placed on the file in the records of the City of Greenwood. Local media will be informed of the Mayor’s decision and other appropriate means will be used to notify the public of the institution of water conservation measures. Enforcement of water conservation measures will commence immediately after the Mayor’s decision has been made.
Section II.
(a) Phase I: When Phase I is instituted under the procedures set forth above, the following water restrictions shall apply
(1) The following uses of water from City sources are permitted at locations with even-numbered addresses on even-numbered days of the month only and at locations with odd-numbered addresses on odd-numbered days of the month only:
Lawn watering: watering of shrugs, plants, trees, and gardens; washing motor vehicles, trailers or boats (not applicable to commercial car washes); and filling of swimming pools between the hours of 8:00 P.M. to 12:00 Midnight and 6:00 A.M. to 10:00 A.M.
(2) No person shall use water as provided in Section II (a)(1) to such an extent as to allow water to escape from his premises onto public property, such as alleys or streets, nor onto another person’s property.
(3) Watering of golf courses, athletic fields, and other public areas from City sources shall be done only to the extent necessary to preserve turf and other plant life and only between the hours of 9:00 P.M. and 12:00 Midnight or the appropriate days of the month as described in Section II (a)(1).
(4) The washing of building exteriors, sidewalks, walkways, driveways, patios, parking lots, tennis courts and other hard surfaced areas by hosing or by use of water directly from faucets with water from City sources is prohibited with the exception of commercial food establishments complying with Arkansas State Health Department regulations pertaining to outdoor hard surface food service areas.
(5) The use of water from fire hydrants at any time for construction purposes, fire drills, or routing hydrant testing is prohibited.
(b) Phase II: When Phase II is instituted under the procedures set forth above, the following water usage restrictions apply:
(1) All lawn and turf watering from City sources is prohibited.
(2) The watering of shrubs, plants, trees, and gardens is permitted only by hand held hose should be limited to the minimum amounts necessary to sustain plant life. Such watering is permitted at locations with even numbered addresses on even numbered days of the month only and at locations with odd numbered addresses on odd numbered days of the month only.
(3) Gold courses are permitted to water only greens and tee boxes from City sources. Watering of golf course fairways and roughs and school athletic fields and other public areas from City sources are prohibited.
(4) All washing of motor vehicles, trailers and boats is prohibited except as commercial car washes. The filling of swimming pools is prohibited.
(5) The washing of building exteriors, sidewalks, walkways, driveways, patios, parking lots, tennis courts, and other hard-surfaced areas as hosing or by use of water directly from faucets with water from City sources is prohibited.
(6) The use of water from fire hydrants at any time for construction purposes, fire drills, or routine hydrant testing is prohibited.
(7) The use of water from City sources for compacting dirt, earth moving operations or street base course construction is prohibited.
Section III. This ordinance shall apply to all users of water from the City of Greenwood. Whenever any emergency exists as determined by the Mayor, or the Mayor’s designated agent, by reason of a shortage of water, limited distribution facilities or any other circumstances which make it necessary to immediately conserve water, there is hereby delegated to the Mayor or the Mayor’s designated agent, the authority to implement the conservation measures of Phase I and/or Phase II and other conservation measures which are necessary to maintain potable water for essential public health and safety. These emergency measures shall remain in effect until the next regularly scheduled meeting or special meeting of the City Council at which time the Council shall decide whether it is necessary to continue the measures.
Section IV.
(a) The failure to comply with or a violation of any requirements contained in this ordinance by any user of water from the City of Greenwood, Arkansas has hereby been declared to be unlawful. First time violators will receive written warnings. In the even of any subsequent violations, any user of water shall be assessed an additional fee in accordance with the following schedule:
| First Violation |
Written Warning |
| Second Violation |
$100.00 |
| Third and each subsequent violation |
$200.00 |
(b) Those individuals who use water from other sources, such as wells, for outdoor watering or other purposes shall place a sign next to the street stating that well water is being used in order to avoid being incorrectly cited.
Section V. If any section, sub-section, sentence, clause or phrase of this ordinance or any application hereof is for any reason held illegal, invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining parts hereof.
Section VI. Ordinances 362, 402, 99-11, and 99-13 are hereby repealed.
Section VII. WHEREAS, an emergency is hereby declared to exist and this ordinance being necessary for the preservation of the public peace, health and safety shall take effect and be in force from and after its passage and approval.