News Releases

6/12/2013 - ORDINANCE NO. 13-10684: Water Conservation

ORDINANCE NUMBER 13-10684

AN ORDINANCE AMENDING CHAPTER 41, ARTICLE II, DIVISION 3, SECTIONS 41-61, 41-61.1, AND 41-62 PERTAINING TO WATER CONSERVATION AND REPEALING EXISTING SECTIONS 41-61, 41-61.1, AND 41-62.

BE IT ORDAINED by the Governing Body of the city of Salina, Kansas:

Section 1.  That Sections 41-61, 41-61.1 and 41-62 of Chapter 41, Article II, Division 3 of the Salina Code are hereby amended as follows:

Sec. 41-61.  Definitions and classes of usage established.
(a)    Definitions. The following definitions shall apply in the interpretation, implementation and enforcement of this division:

(1)    Customer, as the term is used in this division, shall mean the customer of record using water for any purpose from the city's water distribution system and for which either a regular charge is made or, in the case of coin sales, a cash charge is made at the site of delivery.
(2)    Domestic uses, as the term is used in this division, shall mean the use of water by any person or by a family unit or household for household purposes, or for the watering of livestock, poultry, farm and domestic animals used in operating a farm, and for the irrigation of lands not exceeding a total of two acres in area for the growing of gardens, orchards and lawns.
(3)    Outdoor watering, as the term is used in this division, shall mean the irrigation with potable or private domestic well water of lawns, shrubs, flowers, trees, gardens and other outdoor vegetation for personal, private, commercial, or governmental purposes.
(4)    Person, as the term is used in this division, shall mean and include a natural person, a partnership, an organization, a corporation, a municipality and any agency of the state or federal government.
(5)    Private domestic well water, as the term is used in this division, shall mean groundwater utilized for domestic uses.
(6)    Waste of water, as the term is used in this division, includes, but is not limited to, permitting substantial amounts of water to escape down a gutter, ditch or other surface drain or failure to repair a controllable leak of water due to defective plumbing.
(7)    Water, as the term is used in this division, shall mean water available to the City of Salina for treatment by virtue of its water rights or any treated water introduced by the city into its water distribution system, including water offered for sale at any coin-operated site.

(b)    Classes of usage. The following classes of uses of water are established:

Class 1

Water used for outdoor watering, either public or private, for gardens, lawns, trees, shrubs, plants, parks, golf courses, playing fields, swimming pools or other recreational areas, or the washing of motor vehicles, boats, trailers or the exterior of any building or structure.

Class 2

Water used for commercial or industrial, including agricultural, purposes, except water actually necessary to maintain the health and personal hygiene of bona fide employees while such employees are engaged in the performance of their duties at their place of employment.

Class 3

Domestic usage, other than that which would be included in either classes 1 or 2.

Class 4

Water necessary only to sustain human life and the lives of domestic pets and maintain standards of hygiene and sanitation.

Sec. 41-61.1.  Regulation of use.
(a)  Outdoor watering shall be prohibited between the hours of 10:00 a.m. and 6:00 p.m., effective between June 1 and September 30.  Upon application, a special permit shall be issued by the Director of Utilities to allow watering newly seeded lawns between the hours of 10:00 a.m. and 6:00 p.m., effective June 1 through September 30.

(b)  No customer or private domestic well owner 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.

Sec. 41-62.  Declaration of a water watch, water warning, or water emergency.
(a)    Declaration of water watch. Whenever the city manager finds that conditions indicate that the probability of a drought or some other condition causing a major water supply shortage is rising, the city manager shall be empowered to declare, that a water watch exists and shall take steps to inform the public and ask for voluntary reductions in water use. Such a watch shall be deemed to continue until it is declared by the city manager to have ended. The city manager's determination that a water watch exists shall be subject to review by the governing body at its next regular or special meeting.
(b)   Declaration of water warning. Whenever the city manager finds that drought conditions or some other condition causing a major water supply shortage are present and supplies are starting to decline, the city manager shall be empowered to declare that a water warning exists and will recommend, to the governing body, restrictions on nonessential uses during the period of warning. Such a warning shall be deemed to continue until it is declared by the city manager to have ended. The city manager's determination that a water warning exists and the recommended restrictions shall be subject to review by the governing body at its next regular or special meeting. The restrictions shall apply to all city residents and shall include private domestic well owners within the city limits by authority delegated by the chief engineer, division of water resources, Kansas department of agriculture pursuant to K.S.A. 82a-733(i).
(c)    Declaration of water emergency. Whenever the city manager finds that an emergency exists by reason of a shortage of water supply needed for essential uses, the city manager shall be empowered to declare that a water supply emergency exists and will impose mandatory restrictions on water use during the period of the emergency. Such an emergency shall be deemed to continue until it is declared by the city manager to have ended. The city manager's determination that a water emergency exists and the restrictions imposed shall be subject to review by the governing body at its next regular or special meeting. The restrictions shall apply to all city residents and shall include private domestic well owners within the city limits by authority delegated by the chief engineer, division of water resources, Kansas department of agriculture pursuant to K.S.A. 82a-733(i).

Section 2.  That existing Sections 41-61, 41-61.1 and 41-62 are hereby repealed.

Section 3.    Summary of ordinance for publication.  That this ordinance shall be in full force and effect from and after the following sequence:

1. Adoption on first and second reading;
2. Receipt of written confirmation of the delegation of authority by the chief engineer, division of water resources, Kansas department of agriculture pursuant to K.S.A. 82a-733(i); and
3. Publication once in the official city newspaper.

Ordinance No. 13-10684 Summary

On April 1, 2013, the City of Salina, Kansas, passed Ordinance No. 13-10684.  The ordinance amend Chapter 41, Article II, Division 3, Section 41-61, 41-61.1, and 41-62 pertaining to water conservation.  A complete copy of the ordinance is available at www.salina-ks.gov or in the office of the city clerk, 300 W. Ash Street, free of charge.  This summary is certified by the city attorney.

Introduced:  March 25, 2013
Passed: April 1, 2013
Norman M. Jennings, Mayor

(SEAL)
ATTEST:
Lieu Ann Elsey, CMC, City Clerk