Ordinance 2004-17 AN ORDINANCE
ADOPTING WATER CONSERVATION REGULATIONS
FOR THE CITY
WHERAS, the population of the United City of Yorkville has grown substantially in
recent years and is projected to continue to grow at a rapid pace; and
WHEREAS, prolonged dry periods, increased Water demand, equipment failures from
time to time may threaten the Water resources and jeopardize the health, safety, and Welfare of
the residents of the United City of Yorkville; and
WHEREAS, Water is a limited natural resource that must be protected and the
conservation of City water supplies is good and proper stewardship of those resources; and
WHEREAS, it is the finding of the Mayor and City Council of the United City of
Yorkville that certain mandatory Water conservation measures be imposed on the Water users of
the City water supply system; and that a Water Conservation Regulations Ordinance be enacted;
and
NOW,THEREFORE BE IT ORDAINED,BY THE MAYOR AND CITY COUNCIL
OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS, AS FOLLOWS;
Section 1. The Yorkville Municipal Code of 1994 as amended, shall be and is hereby
further amended to adopt and incorporate therein certain water conservation measures in the
City, limiting watering of lawns and other uses of water during certain hours and establishing
other regulations, as follows and as stated in the attached test:
TITLE 7 Water and Sewer
CHAPTER 5 Water Conservation Regulations
SECTION 7-5-15
Section 2. The Yorkville Municipal Code of 1994, as amended, shall be and is hereby
further amended to provide for the collection of unpaid fines assessed for violation of the Water
Conservation Regulations herein adopted,by adding the amount of any unpaid fine to the water
bill due for the property at which the offense occurred, in accordance with the attached text:
1
TITLE 7 Public Ways
CHAPTER 5 Water Use and Service
SECTION 7-5-15 Water Conservation
1. The amount of any fine due pursuant to section 7-5-15 of this Chapter, for a
violation of the provisions of Article III of this Chapter occurring at a property
in the City, it has not otherwise been paid as provided therein, shall be added
to the amount of any bill for water consumption rendered in respect to said
property pursuant to this section.
Section 3. Any and all ordinances, resolutions, and orders, or parts thereof, which are in
conflict with the provisions of this Ordinance, to the extent of any such conflict, are
hereby superseded and waived.
Section 4. If any section, subdivision, sentence or phrase of this Ordinance is for any
reason held to be void, invalid, or unconstitutional, such decision shall not affect the
validity of the remaining portions of this Ordinance.
Section 5. This Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
'r
IN WITNESS WHEREOF, this Ordinance has been enacted this day of
ftA,o , 2004.
PAUL JAMES MARTY MUNNS
RICHARD STICKA A— WANDA OHARE A
VALERIE BURD ROSE SPEARS
LARRY KOT JOSEPH BESCO
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
1 ,2 fcA
this t.-U, day of &ar AA , A.D. 2004.
MAYOR
PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois
this 3 day of n,�,l/l , A.D. 2004.
Attest:
nQp U CITY CLERK
This Document Prepared by:
Law Offices of Daniel J. Kramer
1107A South Bridge Street
Yorkville, Illinois 60560
630-553-9500
United City of Yorkville
Ordinance No.61004- 1't
Water Conservation Regulations
Text
TITLE 7 PUBLIC WAYS
CHAPTER 5 WATER CONSERVATION REGULATIONS
SECTION 7-5-15
7-5-15. Definitions. The following words and phrases when used in this Article shall, for
the purpose of this Article, have the following meanings:
Drip-Irrigation System: A soaking hose that when in use does not result in an
actual dissipation of Water.
Drip-Line: Pertaining to a tree or shrub, the ground area immediately beneath the
branches of the tree or shrub.
Landscape/Landscaping: Sod and seeded turf lawns, gardens, trees, shrubs, and
other living plants.
Permitted Hours of Water Use: A time period between 5:00a.m. and 9:00a.m.,
and between 9:00p.m. and 12:00 midnight, each day.
Person: Any individual, firm, partnership, association, corporation, company,
organization, or entity of any kind.
City: The United City of Yorkville.
Water: The water provided by and obtained by a person from the City water
supply and distribution system.
A. Application
1. The provisions of this Article shall apply to all Persons using Water, and to all
properties within the City or unincorporated areas which are connected to the
City's Water supply and distribution system, regardless of whether any Person
using the Water has a contract for service with the City.
2. The provisions of this Article shall apply annually from May 1 through
September 30, subject to any modifications thereof, including application of
e
these or other regulations during this or any other time, by an Emergency Proclamation
issued pursuant to Section(1) below.
B. Restricted Hours and Days for Specified Uses:
1. Water may be used for landscape watering or the filling of swimming pools only as
follows:
a. All properties with even-number street numbers(i.e. numbers ending in 0, 2,
4, 6 or 8) may use Water for landscape watering or for pool filling, only on
even-number calendar dates during Permitted Hours of Water Use.
b. All properties with odd-numbered street numbers (i.e. number ending in 1, 3,
5, 7, and 9) may use Water for landscape watering or for pool filling only on
odd-numbered calendar dates during Permitted Hours of Water Use.
c. There shall be no restrictions as to hours or days when Water may be used for
any of the following:
a) Landscape watering or sprinkling where such watering or sprinkling is
done by a Person using a hand-held watering device;
b) Filling swimming pools with a volume of fifty(50) gallons or less;
c) The automatic watering of trees and shrubs by means of automatic
root-feed or Drip-Irrigation Systems within the drip line of the tree or
shrub; or
d) Vehicle and equipment washing; or
e) Any other lawful use of Water such as bathing, clothes washing, and
other normal household uses not otherwise specifically restricted by
the provisions of this Article.
C. Restrictions for Sod Laying and Lawn Seeding for New Lawns. Notwithstanding the
provisions of Section 8-3-3 above, the following special regulations shall apply:
1. Sod laying, lawn seeding, and the planting of other landscaping for the establishment
of a new lawn or new landscaping is prohibited from July l"through August 31"
each year unless the source of watering for said sod, lawn seeding and/or planting of
landscaping is derived from a private well, imported water source or means other than
any municipal water source.
2. From May I"through June 30'' and from September I"through September 30`x',
Water may be used on new lawns (sod or seed), only as follows:
Prior to sod laying or lawn seeding, a Sod Watering Permit(Exhibit A) must be
obtained from the United City of Yorkville.
a. On the day new sod or seed has been placed on a property, a
Person may use an automatic sprinkling device to apply
Water to the sod or seed for a total period of time not to
exceed eight (8)hours.
b. For the next nine(9) days thereafter, a Person may apply
water to said sod or seed each day during Permitted Hours of
Water Use.
C. Following the first ten(10) days after the sod or seed is
placed, the provisions of Section 8-3-3 above shall apply.
3. Prior to the execution of any real estate contract for the sale of newly constructed
property,the builder or owner of such new construction shall:
A. Inform prospective purchasers of the restrictions upon the
installation of new lawns set forth in this Article;
B. Attach a Copy of these regulations to the contract; and
C. Obtain the signature of the purchaser(s) on a statement that
he, she or they has (have)been informed of the new lawn
installation restrictions set forth in this Article.
4. The applicant for a certificate of occupancy for any newly constructed property
shall submit as a part of his application, and as a condition of issuance of such
certificate, a copy of said signed statement. When an application for certificate
of occupancy is submitted prior to sale of the property, and the future occupant
is unknown, the applicant shall submit his signed statement that he shall comply
with the requirements of this Section at the time the real estate contract is
executed.
D. Waste of Water Prohibited. No Person shall allow a continuous stream of Water
to run off into any gutter, ditch, drain, or street inlet while using Water for restricted
purposes during the Permitted Hours of Water Use.
E. Exceptions. The provisions of the article shall not apply any commercial or
industrial entity for which use of Water is necessary to continue normal business
operations, or to maintain stock or inventory. Provided,however, this exception shall
not apply to any and all uses of Water not essential to normal business operations or
maintenance of inventory or stock, and specifically shall not apply to landscape
watering or pool filling.
F. Bulk Water Rates. Bulk Water rates shall be increased to three (3) times the non-
resident Water rate during the time described in Section 8-3-2 (B) above.
G. Hydrant Use Prohibited. Hydrants connected to the City water supply and
distribution system for the purpose of providing Water for fire fighting purposes shall
not be opened by any Person, other than authorized City or Fire District personnel,
except for the purpose of fighting a fire.
H. Emergency proclamation.
1. Whenever the Water supply of the City is diminished from any cause,
including but not limited to prolonged dry period, increased Water
demand, equipment failure, or Water quality concerns, to an amount
which in the opinion of the City Engineer or Director of Public Works is
or is likely to become dangerous to the health and safety of the public, the
City Mayor is hereby authorized and empowered to issue an Emergency
Proclamation specifying different or additional regulations on the use of
water.
2. Such regulations may provide for limitations on the usage of Water,
limitations on days and hours of use of Water for some or all purposes,
and the prohibition of specified uses of Water.
3. Upon issuing such Proclamation, the City Mayor shall make the contents
thereof known to the public by posting a copy at the City Hall, and by new
release to local newspapers and radio media, and may also endeavor to
notify the City residents and other Persons in any other practical manner
that he or she shall devise. Further, the City Mayor shall immediately
deliver notice of such Proclamation, and the regulations that have been
imposed by such Proclamation, to all members of the City Council.
4. The Emergency Proclamation of the City Mayor, and the regulations
imposed thereby, shall remain in full force and effect until any one of the
following shall first occur:
a. The City Mayor determines that the emergency no longer exists
and that the Emergency Proclamation, and the regulations imposed
thereby, shall no longer continue in effect.
b. The City Council modifies or repeals the Emergency Proclamation,
and the regulations imposed thereby,by means of an ordinance
enacted at any regular or special meeting of the City Council
C. The first regular meeting of the City Council occurring more than
30 days after the date of the Emergency Proclamation of the City
Mayor.
5. Any City employee or officer may, at the direction of the City Mayor,
notify and warn any Person of the effect of said Emergency Proclamation
and direct said Person to comply with said watering or sprinkling
restrictions. If any said Person, after having first been warned about said
restrictions of the Emergency Proclamation, the shall be deemed to be in
violation of this Article.
I. Penalty.
1. Any person who or which violates, disobeys, neglects, fails to comply
with or resists enforcement of the provisions of this Article other than
Section 8-3-4(A) above, shall,within ten(10) days of receiving notice of
such violation, pay at the Office of the City Clerk, a fine, as follows:
a. $50.00 for a first offense;
b. $125.00 for a second offense; and
C. $500.00 for each subsequent offense.
2. Any person who violates Section 8-3-4 (A) of the Article shall, within
thirty(30) days of receiving a notice of such violation, shall be subject to
imposition of a fine up to $750.00 for each offense.
3. Each day a violation occurs or continues shall be considered a separate
violation for purposes of this article.
4. The amount of any fine due pursuant to Section 8-3-10(A) above, if not
paid as provided therein, shall be added to the bill for water consumption
for the property at which the offense occurred.
EXHIBIT A
�? United City of Yorkville
County Seat of Kendall County
EST. \ �a35 800 Game Farm Road
r N Yorkville, Illinois 60560
O [ r] O Phone:630-553-4350
K..m �2 Fax:630-553-7575
v
LE
Sod Watering Permit
Name: Date:
Address:
Start Date: Ending Date:
Official Sod Watering Rules:
1. Sod laying, lawn seeding, and the planting of other landscaping for the
establishment of a new lawn or new landscaping is prohibited from July 1St
through August 31 st of each year unless the source of watering for said sod,
lawn seeding and/or planting of landscaping is derived from a private well,
imported water source or means other than any municipal water source.
2. From May 1St through June 30'h and September 1St through the end of the
season, water may be used on new lawns (sod or seed) only as follows:
a. On the day new sod or seed has been placed on a property, a person may use
an automatic sprinkling device to apply water to the sod or seed for a total
period of time not to exceed eight (8) hours.
b. For the next nine (9) days thereafter, a person may apply water to said sod or
seed each day during permitted hours of water use.
c. Following the first ten (10) days after the sod or seed is placed, the provi-
sions of the Water Conservation Regulations Ordinance No. 2004-�
(copy attached) shall apply.
Signature of Responsible Party: