(a) Findings. The mayor and board of aldermen find and declare:
(1) Water is considered a valuable natural resource that should always be used wisely.
(2) Water shortages have occurred at various times in recent years for reasons including, but not limited to, low rainfall, increased demand, and the failure, repair or modification of the water conveyance system.
(3) Unrestricted water use for nonessential needs may endanger the adequacy of the City of Frederick’s water supply for essential needs.
(4) It is necessary to implement water use restrictions to respond to water emergencies.
(5) An active water conservation and drought response plan within the city is essential to preserve water resources and to reduce the risk and severity of water shortages when drought or natural disaster occurs. Such a plan will significantly reduce the long- and short-term consumption of water, thereby preserving available water for the future requirements of the city, while minimizing the hardship caused to the general public to the greatest extent possible. The enactment of a water conservation and drought response plan is further necessary in order to preserve the public peace, health and safety.
(6) The city must enforce water conservation restrictions through the imposition of monetary penalties for unauthorized water use, by the shut-off of water, if necessary, and by the imposition of other sanctions.
(b) Purpose. It is the purpose of this section to:
(1) Provide for the regulation of water within the city’s service area in order to provide adequate water for public consumption during times of drought or pursuant to state declarations of emergency, and to protect the health, safety and welfare of the general public.
(2) Establish the authority of the mayor to declare a city water emergency and to impose restrictions on water usage.
(3) Establish the authority of the mayor and board of aldermen to adopt a water conservation and drought response plan and to adopt regulations thereunder in order to initiate and manage programs to further the conservation of water. Such regulations may restrict the continued use of water in order to ensure to the extent possible the availability of water to users within the water service area.
(4) Establish methods of enforcement of this section and other relevant city ordinances or regulations, including the issuance of municipal infractions, actions for abatement or injunction, and the imposition of monetary penalties.
(c) Definitions.
(1) “Water conservation and drought response plan” means a water conservation plan for the City of Frederick as adopted by the mayor and board of aldermen, and as thereafter amended, to initiate and manage programs to further the conservation of water including the adoption of regulations thereunder.
(2) “Water emergency” means any condition or situation which threatens the safety or supply of either treated or potable water within the water supply, treatment and distribution systems of the city. Emergency situations include, but are not limited to: drought, periods of insufficient raw water supply, and fires of such a magnitude that system integrity is threatened.
(3) “Declaration of water emergency” is a declaration by the mayor or the governor of the State of Maryland that a water emergency exists. Depending on the severity of the emergency, voluntary or mandatory staged water use restrictions as described in the water conservation and drought response plan will be imposed upon water customers.
(d) Authority.
(1) The mayor is hereby authorized and empowered to declare a water emergency, whenever in his[her] judgment [s]he thinks it necessary for the preservation of the public health and safety. Pursuant to such declaration, the mayor is hereby authorized and empowered to suspend, curtail, regulate and prohibit the use of water from the municipal water system of the city for the operation of fountains, bathhouses, swimming pools, pavement washers and hydrants, for the sprinkling of pavements, streets, lawns, flowers, shrubbery, gardens, etc., for washing automobiles and other vehicles, for bait fish boxes, and to regulate, curtail or prohibit the use of water for any purpose other than ordinary household, domestic and culinary purposes. When implementing mayoral declarations of water emergencies, the city shall follow the guidelines set forth in the city’s water conservation and drought response plan.
(2) The mayor is hereby authorized and empowered to give notice by publication in any newspaper published in the city to all consumers of water to curtail, regulate or refrain from the use of water for all or any of the purposes specified in this section.
(3) The governor of the State of Maryland is authorized and empowered by state law to declare a water emergency. If permitted by state law, the mayor shall review state declarations of water emergency in order to determine if local water sources are at emergency levels. If local conditions are such that water sources are at emergency levels, the city shall follow state guidelines entitled Drought Monitoring and Response Plan, and as amended, in implementing the response to such state declaration of water emergency. The city may impose more stringent water conservation restrictions if necessary.
(4) Upon declaration of a water emergency by the governor or by the mayor, the use of city water may be prohibited, restricted, or otherwise regulated as provided for by state mandates or by the city’s water conservation and drought response plan and the provisions of this section. Such action may be made effective to all customers, customers in affected areas only, or as to any particular class of customer. Such restrictions on water usage shall immediately become effective upon the declaration of water emergency by the governor or the mayor and the delivery of said declaration and any restrictions, prohibitions or regulations provided therein to news media within the city. The city shall also utilize such other available means of giving notice of such a declaration of water emergency as may in the judgment of the mayor be necessary.
(e) Water conservation and drought response plan. The city shall develop, adopt and implement a water conservation and drought response plan to further the water conservation objectives of the city. Said water conservation and drought response plan, and as may be amended from time to time, shall be implemented to encourage the wise and efficient use of water during water emergencies and/or those periods of water shortage when conservation is necessary to assure an adequate and safe supply of water for the public convenience.
(f) Drought coordinators. The mayor and board of aldermen hereby designate the following agencies and individuals as municipal drought coordinators to serve during declarations of state and/or local water emergencies for the purpose of monitoring water supply and conditions in the city service area, responding to customer complaints and problems related to drought conditions, and communicating as required or necessary with the Maryland Department of the Environment. Municipal drought coordinators will coordinate with Frederick County drought coordinators when appropriate and/or when requested.
The Chief Operations Officer of Citizen Services
Director of the Department of Public Works or his/her designee
Director of the Department of Engineering or his/her designee
During the pendency of all declarations of water emergencies, the drought coordinators shall prepare a report for submission before the mayor and board of aldermen as a regular agenda item at all regular public meetings of the mayor and board of aldermen. The report shall include all information contained in this subsection.
(g) Enforcement. The city department of permit and code management and/or the City of Frederick police department will responsible for enforcing state or local mandatory water restrictions in accordance with the following enforcement response protocol.
(1) The mayor and board of aldermen will direct staff to issue citations to violators of state or local mandatory drought restrictions in accordance with the following guidelines:
(A) 1st infraction: twenty-five dollar ($25.00) fine
(B) 2nd infraction: fifty dollar ($50.00) fine and immediate shut off of the water supply
(C) 3rd infraction: five hundred dollar ($500.00) fine and immediate shut off of the water supply
(D) 4th infraction: one thousand dollar ($1,000.00) fine and immediate shut off of the water supply
(2) Prior to having the water supply re-established after curtailment, the violator shall be required to pay all outstanding fines and an additional one hundred dollar ($100.00) re-connection fee to the city.
(3) City agents shall have the right of entry at reasonable times when necessary to inspect and enforce the provisions of mandatory water restrictions or any other provisions made pursuant to the local water conservation and drought response plan.
(4) The water conservation and drought response plan and conservation measures mandated by state or city declaration of water emergency may also be enforced through actions for abatement or injunction. (Ord. No. G-02-4, § 1, 4-4-02)

* Editor’s note--This section was repealed and reenacted by Ord. No. G-02-04, adopted Apr. 4, 2002. The repealed section which also pertained to curtailment of use of water derived from Code 1953, § 21.26.