§ 14-5-6 Water use restrictions.
(A) Drought Preparedness Plan. The City Manager shall, pursuant to the requirements of A.R.S. § 45-342, establish a Drought Preparedness Plan that complies with the requirements of A.R.S. § 45-342 as it may be amended.
(1) Adoption. The Drought Preparedness Plan shall be adopted by the Mayor and Council of the City of Goodyear and the Drought Preparedness Plan shall become effective upon the later of the adoption of the Drought Preparedness Plan by the Mayor and Council of the City of Goodyear or the approval of the Director of the Arizona Department of Water Resources if such approval is required.
(2) Amendment. Following the adoption of the Drought Preparedness Plan by the Mayor and Council of the City of Goodyear, the City Manager is authorized to update and amend the Drought Preparedness Plan. The updated and amended Drought Preparedness Plan shall become effective upon the later of the approval of the City Manager or the approval of the Director of the Arizona Department of Water Resources if such approval is required.
(3) Council Notification. Following the effective date of an update or amendment to the Drought Preparedness Plan, the City Manager shall notify the Mayor and Members of City Council in writing of the revisions that were made to the Drought Preparedness plan with an explanation for the reasons the revisions were made.
(B) Declaration. Consistent with the terms of the Drought Preparedness Plan, and subject to other applicable federal, state, and local laws and regulations, the City Manager is authorized to declare a water shortage and authorize implementation of the conservation and water use restrictions ("water use restrictions" or "curtailment") in response to reductions in available water supply from events such as, but not limited to: natural disaster; disruption of supply lines or the disruption of the operation of any water facilities; contamination of water resources; reductions in water resources from Central Arizona Water Conservation District; or when an insufficient supply is imminent due to water system limitations, excessive demand, or structural failure. Such a declaration shall, as set forth in the Drought Preparedness Plan, identify the water use restriction stage that shall be implemented and identify the water use restrictions and measures that shall be implemented. The declaration may designate the entire area served by the City, or a portion of the service area if the shortage is not system-wide.
(C) Implementation. The City Manager shall direct the Department of Public Works to implement water use restrictions imposed pursuant to the City Manager’s declaration of a water shortage.
(D) Notification.
(1) A copy of the Drought Preparedness Plan, as it may be amended, shall be available for inspection at the City Clerk’s Office and the Department of Public Works administrative office during normal business hours and shall be posted on the City website.
(2) The City will provide extensive public education on provisions of the Drought Preparedness Plan, as it may be amended, so that customers who may be impacted by any future water shortages will understand the curtailment provisions and the need for compliance in reducing demand. The City will intensify educational efforts should average daily demand approach the threshold for a declaration of any stage of water shortage.
(3) Notice of all declarations of a water shortage and the imposition of mandatory water use restrictions shall be given by publication on the City website and press releases to area media. In addition to the mandatory forms of notice set forth herein, staff may provide notice of all declarations of a water shortage and the imposition of mandatory water use restrictions by other means as staff deems appropriate. The notice required herein shall include the most recent available water supply and demand and shall describe all mandatory restrictions on water use in accordance with the Drought Preparedness Plan.
(E) Termination. The City Manager may terminate curtailment when the conditions that triggered the water shortage no longer exist.
(F) Enforcement. The City Manager shall have authority to take necessary and proper actions to enforce compliance with mandatory use restrictions imposed pursuant to a declaration of a water shortage.
(G) Penalties. Violations of mandatory water use restrictions imposed by a water shortage declaration by the City Manager pursuant to the Drought Preparedness Plan are subject to enforcement and penalties as set forth in Section 14-5-5. (Ord. 08-1152, passed 12-15-2008; Am. Ord. 14-1299, passed 8-18-2014; Am. Ord. 22-1546, passed 12-5-2022. Formerly 14-7-7)