Ordinance 2004-20 States of Illinois )
) ss
County of Kendall )
aooN-
ORDINANCE No. a(�
ORDINANCE AMENDING
UNITED CITY OF YORKVILLE WATER CONSERVATION REGULATIONS
ORDINANCE NO. 2004-17
WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the
Mayor and City Council, has determined it necessary to amend the Water Conservation
Regulations; and
WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the
Mayor and City Council has determined that it is in the best interests of the community to amend
the Section 7-5-15 (I) Penalty in order to ensure the orderly and efficient enforcement of the
Water Conservation Regulations.
NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE;
that Section 7-5-15(I)Penalty is hereby revoked; and a new Section 7-5-15(I)is created to read
as follows:
1. Any United City of Yorkville inspector, employee, officer or citizen observing a
violation of Title 7 may file a complaint for violation of Title 7 by notifying the
United City of Yorkville Police Department.
2. Any person who or which violates, disobeys, neglects, fails to comply with or
resists enforcement of the provisions of this Article other than Section(3)(A)(3)
or Section(3)(F) above, shall be subject to penalties as provided in section 1-4-1
of this code in conjunction with the following provisions:
a. $50.00 for a first offense;
b. $125.00 for a second offense; and
C. $500.00 for each subsequent offense.
3. Within ten(10) days of receiving notice of such violation any person may pay at
the Office of the United City of Yorkville Water Department the fine.
a
4. The amount of any fine due pursuant to Title 7, for a violation of the provisions of
Title 7 occurring at a property in the City, if not paid as provided therein, a notice
to appear shall issue and upon adjudication of the matter and assessment of a fine,
the fine amount owed to the City shall be added to the bill for water consumption
for the property at which the offense occurred.
1
Any Ordinance or parts thereof in conflict with the provisions of this Ordinance are
hereby repealed to the extent of such conflict. The various parts, sections, and clauses of this
Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section of
clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction,the remainder
of the Ordinance shall not be affected thereby.
IN WITNESS WHEREOF,this Ordinance has been enacted this 27th day of M", 2004.
IAQR«
PAUL JAMES MARTY MUNNS
RICHARD STICKA WANDA OHARE
VALERIE BURD ROSE SPEARS
LARRY KOT JOSEPH BESCO
APPROVED by me, as Mayor of the United City of Yorkville, Kendal County, Illinois,
this 27th day of h ,'2004.
A
Mayor
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois
this 27t'day of
J1 W2004.
2004.
C Clerk
This Document Prepared by:
Law Offices of Daniel J. Kramer
1107A South Bridge Street
Yorkville, IL 60560
630-553-9500
2
United City of Yorkville
Ordinance No. a100q- 020
Ordinance Amending
Water Conservation Regulations
Ordinance No. 2004-17
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.
3
2. The provisions of this Article shall apply annually from May 1 through
September 30, subject to any modifications thereof, including application of
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 1St
through August 31St 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.
4
2. From May 1"through June 30th and from September 1St through September
30th, 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.
5
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,they shall be deemed to be in violation of this Article.
6
I. Penalty.
1. Any United City of Yorkville inspector, employee, officer or citizen observing a
violation of Title 7 may file a complaint for violation of Title 7 by notifying the
United City of Yorkville Police Department.
2. Any person who or which violates, disobeys, neglects, fails to comply with or
resists enforcement of the provisions of this Article other than Section(3)(A)(3)
or Section(3)(F) above, shall be subject to penalties as provided in section 1-4-1
of this code in conjunction with the following provisions:
a. $50.00 for a first offense;
b. $125.00 for a second offense; and
C. $500.00 for each subsequent offense.
3. Within ten(10) days of receiving notice of such violation any person may pay at
the Office of the United City of Yorkville Water Department the fine.
4. The amount of any fine due pursuant to Title 7, for a violation of the provisions of
Title 7 occurring at a property in the City, if not paid as provided therein, a notice
to appear shall issue and upon adjudication of the matter and assessment of a fine,
the fine amount owed to the city shall be added to the bill for water consumption
for the property at which the offense occurred.
7
Exhibit A
UNITED CITY OF YORKVILLE
800 Game Farm Road
Yorkville, IL 60560
Phone: 630-553-4350
Fax: 630-553-7575
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 31St 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 30th 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. 2004-17
(copy attached) shall apply.
Signature of Responsible Party:
8