§ 70-44. Irrigation restrictions; limitations on water use.

(a)

Irrigation systems restrictions. Property which has automatic activated or manually operated lawn and landscaping irrigation system which is connected to the municipal water system is restricted from irrigating pursuant to the following restrictions between May 15 and October 15 of each calendar year:

(1)

Automated lawn and/or landscaping irrigation is prohibited between the hours of 5:00 a.m. and 11:00 p.m. Eastern Standard Time except as provided in subsection (a)(5) below.

(2)

Properties with an even numbered address shall be allowed to irrigate on Mondays, Wednesdays, Fridays and Sundays.

(3)

Properties with an odd numbered address shall be allowed to irrigate on Tuesdays, Thursdays, Saturdays and Sundays.

(4)

If a property has a mixture of odd and even numbered addresses or an undetermined address, the city manager or his designee, may assign days for compliance with this article.

(5)

A property with a newly-seeded or sodded lawn may for the first 21 days following planting, irrigate such lawn as often as required, except that irrigation is prohibited between 5:00 a.m. and 9:00 a.m. Eastern Standard Time.

(b)

A water user may manually irrigate residential landscaping utilizing garden hoses and sprinklers provided the irrigation is not connected to an automatic system, is attended and monitored by the water user and is prohibited between the hours of 5:00 a.m. to 9:00 a.m. Eastern Standard Time.

(c)

The city council of the City of Sylvan Lake may declare an emergency and require the lawns and garden sprinklers and private car washing be limited to such periods as it deems advisable in order to assure an adequate supply of water for household and industrial uses.

(d)

Whenever the city council for the City of Sylvan Lake shall declare an emergency as specified, it shall publish in a newspaper of general circulation in the city a notice of its determination and of the rules and regulations limiting the periods and setting forth the regulations governing domestic use of water. A violation of the regulations so determined and published shall constitute a violation of this chapter.

(e)

This section may be enforced by the city manager, Sylvan Lake Police Department, and/or any other employees authorized to issue appearance tickets.

(f)

If the above provisions create a practical hardship for a large commercial water user, the water user can petition the city manager, asking for relief from one of the above referenced restrictions. The petition shall set forth the requested relief, and shall detail the extraordinary circumstances that would justify the requested relief, as well as the duration of the requested relief. The city manager may grant or deny or modify the petition, taking into consideration the contractual obligations of the city as well as the articulated circumstances of the petitioner. The decision of the city manager shall be final.

(g)

Penalties for violation. A violation of this section shall constitute a civil infraction and the violator upon being found responsible for the civil infraction shall pay the following fine(s):

(1)

First violation in any calendar year a fine of no less than $50.00, but no more than $100.00 plus costs of prosecution including actual attorney fees.

(2)

A second violation in any calendar year a fine of no less than $100.00, but no more than $500.00 plus costs of prosecution including actual attorney fees.

(3)

A third or subsequent violation in any calendar year a fine of no less than $500.00, plus costs of prosecution including actual attorney fees.

(Ord. No. 300, § 1, 4-14-2010)