§ 82-40. Periods of water shortage.

(a)

Definitions. [The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:]

Established landscaping means landscaping plantings, including but not limited to lawns, vegetable gardens, flowers, trees and shrubs, existing in an area after such period of time as to accomplish the establishment and maintenance of growth.

Fountain means a water display where water is sprayed into the air, strictly for ornamental purposes.

New landscaping means any landscaping made up of plants or seeds in or transplanted to an area within such period of time as to accomplish a reasonable establishment and maintenance of growth. Over seeding or aeration of an existing lawn does not qualify as new landscaping.

Person means any individual, corporation, partnership, association, company, business, trust, joint venture or other legal entity.

Swimming pool means any structure, basin, chamber, or tank containing an artificial body of water for swimming, diving or recreational bathing and having a depth of two feet or more at any point.

Vegetable garden means any "noncommercial" vegetable garden planted primarily for household use; "noncommercial" includes incidental direct selling of produce from such vegetable garden to the public.

Water outage emergency means a condition in which: a) the supply of water in the system or from the supplier has ceased or is in jeopardy of cessation, b) is severely limited due to water system failure, or c) is polluted. Such emergency is required to protect human health or provide minimum potable water for human consumption.

(b)

Levels of restrictions.

(1)

Stage 1—Drought watch, voluntary water conservation reductions.

a.

[Water restrictions.] Prince George citizens and water customers shall reduce and conserve water by:

1.

Not filling decorative fountains.

2.

Not washing paved or impervious surfaces more than two days per week.

3.

Not replenishing swimming pools.

b.

Irrigation or outdoor watering.

1.

Landscape (includes lawn) watering shall be limited to three days per week by address (odd last digit home addresses water on Tuesday, Thursday and Saturday and even last digit home addresses water on Wednesday, Friday and Sunday).

2.

Irrigating with hose-end sprinklers and automatic sprinkler systems shall be limited to between the hours of 11:00 a.m. and 6:00 p.m.

3.

Date and time limitations for irrigation do not apply during repair or testing of a new or existing irrigation system.

4.

Irrigation with handheld bucket, handheld hose, soaker hose and drip irrigation systems is allowed on any day and at any time.

5.

Irrigation of vegetable gardens is allowed on any day and at any time.

6.

New landscaping: All watering is permitted for the first ten days after planting.

7.

Irrigation of golf courses, athletic fields and commercial nurseries with sprinklers shall not be done between the hours of 11:00 a.m. and 6:00 p.m. Greens and tees exempted from this restriction.

c.

Vehicle washing.

1.

Charity car washes are allowed, but should be done using a handheld bucket or a handheld hose equipped with a positive shutoff device.

2.

Noncommercial vehicle washing is allowed on any day and at any time, but shall be done using a handheld bucket or a handheld hose equipped with a positive shutoff device.

3.

Commercial vehicle washing is allowed on any day and at any time.

(2)

Stage 2—Drought warning (mandatory public water use restrictions).

a.

Water restrictions.

1.

Filling of decorative fountains is prohibited.

2.

Washing of paved and impervious areas is prohibited.

3.

Swimming pool filling and replenishing is prohibited.

4.

Health care facilities are exempt.

5.

Noncommercial vehicle washing is allowed only one day per week and shall be done using only hoses with an automatic shutoff nozzle.

6.

Commercial vehicle washing businesses are permitted to operate under normal conditions provided they utilize washing processes that recycle water.

b.

Irrigation.

1.

Landscape (includes lawn) watering shall be limited to three days per week by address (odd last digit home addresses water on Tuesday, Thursday and Saturday and even last digit home addresses water on Wednesday, Friday and Sunday).

2.

Irrigation with hose-end sprinklers and automatic sprinkler systems is prohibited between the hours of 11:00 a.m. and 6:00 p.m.

3.

Irrigation with handheld bucket, handheld hose, soaker hose and drip irrigation systems is allowed on any day and at any time.

4.

New landscaping: All watering is permitted for the first ten days after planting .

5.

Irrigation of golf courses, athletic fields and commercial nurseries with sprinklers is prohibited between the hours of 11:00 a.m. and 6:00 p.m. Greens and tees exempted from restriction.

6.

Restaurants: No restrictions.

(3)

Stage 3—Drought emergency (emergency public water use restrictions).

a.

Water restrictions.

1.

Filling of decorative fountains is prohibited.

2.

Washing of paved and impervious areas is prohibited.

3.

Filling or replenishing of swimming pools is prohibited.

4.

Health care facilities are exempt.

5.

Washing of vehicles including commercial vehicles is prohibited.

6.

Established landscaping: All water use is prohibited.

7.

New landscaping: All water use is prohibited.

8.

Golf courses: All water use is prohibited.

9.

Restaurants: Water use only for cooking, hygiene and meal beverage.

b.

Note: Stage 3 drought emergency restrictions may be called for by declaration by the Governor of Virginia or the Virginia Drought Coordinator. Upon the determination by the Commonwealth of Virginia's Drought Monitoring Task Force that a drought watch, drought warning, or emergency condition exists for the Middle James Drought Evaluation Region of Amelia or Chesterfield Counties, or in the Chowan Drought Evaluation Region of Dinwiddie County or a declaration by the Governor of the Commonwealth of Virginia has been made, Prince George County will immediately comply with the commonwealth's recommendations or requirements under the issued drought stage. Water use prohibitions would apply to all uses from all sources (including wells) of water.

(c)

Effective date of restrictions.

(1)

Water use restrictions will become effective the date the county administrator declares in writing the need for the restrictions. Water use restrictions shall be declared to assure maximum beneficial use of available water resources for the public welfare.

(2)

Emergency water use restrictions may also be imposed by the county administrator based on a determination that an emergency condition of any nature exists that threatens the availability or quality of the public drinking water supply.

(3)

When the county administrator is notified by the Appomattox River Water Authority that levels lake levels have reached one of the levels outlined in Table 1 of the ARWA Drought Management Plan, the county administrator will promptly take steps necessary to notify the public that the restrictions are in effect and publish a notice of such restrictions in a newspaper having general circulation within the area.

(4)

The restrictions will remain in effect until the level of the lake warrants reduced restrictions per the ARWA Drought Management Plan.

(d)

Violation. It shall be a violation of this section for any person to use water, or allow or cause the use of water, in violation of the provisions of this section after the publication of such notice of restriction date.

(e)

Penalty.

(1)

Any person who violates the mandatory or emergency provision of this section shall be subject to a fine of $100.00.

(2)

For the second offense, violator shall be fined $200.00.

(3)

For the third offense, violators shall be fined $400.00.

(4)

For a fourth offense, violators shall be fined $800.00.

(5)

For a fifth and each subsequent offence, violators shall be fined $1,600.00.

(6)

Each violation by a person shall be counted as a separated violation by that person, irrespective of the location at which the violation occurs.

(7)

The county administrator may authorize cutting off a person's water supply for repeated violations.

(8)

Persons shall have the right to challenge the assessment of a penalty. Such challenge shall be filed within ten days of the assessment of the penalty by notifying the county attorney of such challenge, in writing. Upon receipt of such challenge, the county attorney shall file a civil warrant in general district court seeking adjudication of the imposition of the fine.

(f)

Applicability. Subsection (b) of this section will not immediately apply to those county water systems that have groundwater or use water from Virginia-American Water Company as a source of supply instead of ARWA. These areas may be imposed with the restrictions located in subsection (b) either before or after the county is notified of a drought condition as indicated in subsection (c) of this section.

(g)

Public notification. Notice of the declaration of drought watch water conservation reduction measures will be furnished to local media formats, including but not limited to print media, radio, television and appropriate computer-based websites. Additionally, declaration for mandatory and emergency public water use restrictions shall be published in widely circulated print media for a minimum of one day per week for each week that the restrictions are in force.

(Code 1988, § 16-10; Ord. No. O-07-07, 8-28-2007; Ord. No. O-14-22, § 1, 10-14-2014)

(Code 1988, § 16-10; Ord. No. O-07-07, 8-28-2007; Ord. No. O-14-22, § 1, 10-14-2014)