WATER CONSERVATION

Charlotte City Code ch. 23, art. VII

in effect

Charlotte City Code § 23-251 Purpose and intent.

Sec. 23-251. - Purpose and intent. It is the purpose and intent of this article to maintain and protect the water resources available to the city for essential and community and business water uses during a water shortage declaration. This article seeks to achieve that purpose by providing for the issuance of an official water shortage declaration and the implementation of mandatory water conservation controls during the time when such declaration is in effect. This article shall be liberally construed to effectuate such purpose and intent. (Ord. No. 2274, § 4(23-130), 3-24-2003)

Charlotte City Code § 23-252 Definitions.

Sec. 23-252. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: City manager means the city manager, the deputy city manager, any assistant city manager or any acting or interim city manager. CMU water system means CMU potable water supply, storage, treatment and distribution system, or any portion thereof. Customer means any person or entity in whose name the city maintains an account for water use. The term "customer" also means and includes any person or entity who receives or is capable of receiving water from CMU water system through the customer's private water system or by any other means, without regard to whether CMU is aware of the existence of such customer. Community and business water use means any use of water from CMU water system that meets either of the following criteria with special emphasis on those uses which substantially minimize water use through recycling or other means: critical to an institution's or business's function and such use or function has a significant impact upon the economy of the county or any municipality located therein; or critical to recreational or other facilities operated or maintained for community use. Examples of community and business water uses may be set forth in the water shortage management plan and include but are not limited to: (1) Watering stock or inventory at plant nurseries, garden centers or tree farms; (2) Watering fairways, tees and greens on golf courses; (3) Washing vehicles at commercial car washes; (4) Commercial pressure washing; (5) Commercial, agricultural applications; (6) Commercial manufacturing; (7) Fire hydrant and water line flushing; (8) Complying with applicable law for earth-disturbing activity using no more water than is reasonably necessary; and (9) Other similar uses as determined by CMU. Discretionary water use means any use of water from CMU water system that is elective and is not a community and business or essential water use. Examples of discretionary water uses may be set forth in the water shortage management plan and include but are not limited to lawn/turf irrigation, residential car washing, noncommercial pressure washing, ornamental pools or fountains and other similar uses as determined by CMU. Emergency conditions means any condition posing a substantial and immediate threat to the ability of CMU to meet actual or anticipated demand for community and business and/or essential water uses and requiring the immediate implementation of mandatory water conservation measures in order to protect the public health and safety, including, without limitation, a major disruption or failure in any portion of the system or contamination of the water in any portion of the system or of the raw water supply. Essential water use means any use of water from CMU water system that is necessary to maintain public health and safety. Examples of essential water uses may be set forth in the water shortage management plan and include but are not limited to: sustaining human life, fighting fires, testing for public safety standards, patient care and rehabilitation, maintaining pressure in CMU water system, maintaining operation of CMU water system and other similar uses as determined by CMU. Irrigation service connection means a service connection by which a customer receives water from CMU water system for the sole purpose of watering vegetation and is not connected directly or indirectly to any plumbing system that discharges into the publicly operated treatment works. Service connection means the terminal end of a complete service connection or, in the absence of a complete service connection, the point at which water leaves CMU water system and enters a customer's water system. (Ord. No. 2274, § 4(23-131), 3-24-2003)

Charlotte City Code § 23-253 Imposition of mandatory controls.

Sec. 23-253. - Imposition of mandatory controls. (a) The city manager is authorized to impose mandatory water conservation controls as authorized by this article on the usage of water obtained directly or indirectly from CMU water system by declaring a water shortage. After receiving written recommendations from CMU, the city manager may impose such controls, upon consideration of the following factors: (1) Pressure at monitoring locations of CMU water system; (2) Ability to refill water storage tanks of CMU water system; (3) Ability to maintain an amount of water in the ground level storage tanks at CMU's water treatment plants which is adequate for fire protection purposes; (4) Ability to maintain adequate water pressure in every portion of CMU water system; (5) Adequacy of CMU water supply in terms of quantity and/or quality for the foreseeable future to satisfy the anticipated demand for water; (6) Conditions downstream of CMU water intakes; (7) Regulatory requirements affecting the operation, repair or maintenance of any portion of CMU water system; (8) Such factors as are identified in a water shortage management plan adopted by CMU pursuant to this article; and (9) Such other factors as may affect CMU's ability to supply, treat and/or distribute water through its water system. (b) CMU's recommendation to the city manager on the issuance, amendment or termination of a water shortage declaration shall set forth the basis for such recommendation, including the factors leading to such recommendation. (c) CMU is authorized to adopt a water shortage management plan, which shall be consistent with and guide CMU in the implementation and enforcement of the provisions of this article. (Ord. No. 2274, § 4(23-132), 3-24-2003)

Charlotte City Code § 23-254 Water shortage declaration.

Sec. 23-254. - Water shortage declaration. (a) The city manager may issue a water shortage declaration by signing a notice of water shortage declaration. A water shortage declaration will take effect on the effective date and time specified in the notice. A water shortage declaration, including any amendment thereto, may be issued for the entire CMU water distribution system or for any designated portions thereof. Upon issuance, a water shortage declaration shall remain in effect until amended or terminated in accordance with this article. (b) A water shortage declaration may be amended or terminated by the issuance of a notice of such action signed by the city manager and posted in accordance with this section. Water conservation controls imposed pursuant to this article and/or the portion of CMU water distribution system subject to an existing water shortage declaration may be revised by amending such a declaration. The termination of any water shortage declaration will automatically terminate all mandatory water conservation controls imposed pursuant to this article. (c) A notice required by this article must specify the effective date and time of the notice and be publicly posted in the Charlotte-Mecklenburg Government Center, 600 East Fourth Street, Charlotte, North Carolina, or any other place designated by law or the city council for the posting of public notices for at least 12 hours before taking effect; provided that the city manager may determine that the following notices need not be posted for any minimum period of time: (1) A notice of termination of a water shortage declaration; (2) A notice of amendment of a water shortage declaration that reduces the portion of CMU water distribution system subject to the declaration and/or the mandatory water conservation controls in effect; and (3) A notice of a water shortage declaration or amendment thereto under emergency conditions as set forth therein. All notices posted pursuant to this article shall state the date and time of posting. (Ord. No. 2274, § 4(23-133), 3-24-2003)

Charlotte City Code § 23-255 Phases of water conservation.

Sec. 23-255. - Phases of water conservation. (a) Any one of the following phases of water conservation may be implemented by the issuance of a water shortage declaration or amendment of a previously issued declaration: (1) Phase I, restricted; (2) Phase II, banned; and (3) Phase III, emergency. (b) A water shortage declaration, including without limitation an amendment thereto, imposing phase I, II or III water conservation controls shall specify the controls imposed by such declaration. Customers and users shall comply with such mandatory controls as are specified in a water shortage declaration, including any amendment thereto, issued pursuant to this article. Violation of any mandatory control specified in a declaration issued pursuant to this article shall be subject to such enforcement action as is set forth in this article. (c) No mandatory control imposed by a water shortage declaration shall apply to any public or volunteer fire department while fighting a fire. (d) The water shortage management plan adopted pursuant to this article may include classifications of the uses made of water from CMU water system as discretionary, community and business and essential and take such classifications into account in determining the water conservation controls that may be imposed pursuant to this article. (Ord. No. 2274, § 4(23-134), 3-24-2003)

Charlotte City Code § 23-256 Phase I, restricted.

Sec. 23-256. - Phase I, restricted. (a) A water shortage declaration, including an amendment thereto, may impose phase I water conservation controls at any time that, based upon a recommendation from CMU, the city manager determines that CMU may not be able to meet all demand for discretionary, community and business and essential water uses based on any one or more of the factors set forth in section 23-253(a). (b) A water shortage declaration imposing phase I water conservation controls may include: (1) Restrictions on the manner, day of the week, and/or time of day of one or more discretionary water uses; and/or (2) Complete prohibitions on one or more of such uses. (c) Community athletic associations, golf courses and similar customers whose use of water to irrigate large areas is a community and business water use may submit a plan for approval by CMU allowing alternatives to the water conservation controls imposed by a water shortage declaration. Approval of alternatives shall be limited to a customer's community and business water use and shall require such customers to comply with substantially equivalent controls on water usage. Violation of any portion of a customer's approved plan shall be considered as a violation of a water conversation control and subject to the provisions of section 23-262 in the same manner as any other violation of a water conservation control imposed pursuant to this article. (Ord. No. 2274, § 4(23-135), 3-24-2003)

Charlotte City Code § 23-257 Phase II, banned.

Sec. 23-257. - Phase II, banned. (a) A water shortage declaration, including an amendment thereto, may impose phase II water conservation controls at any time that, based upon a recommendation from CMU, the city manager determines that CMU may not be able to meet all demand for community and business and essential water uses based on any one or more of the factors set forth in section 23-253(a). (b) A water shortage declaration imposing phase II water conservation controls may include: (1) Restrictions on the manner, day of the week, and/or time of day of one or more discretionary or community and business water uses; and/or (2) Complete prohibitions on one or more of such uses. (Ord. No. 2274, § 4(23-136), 3-24-2003)

Charlotte City Code § 23-258 Phase III, emergency.

Sec. 23-258. - Phase III, emergency. (a) A water shortage declaration, including an amendment thereto, may impose phase III water conservation controls at any time that, based upon a recommendation from CMU and the city manager, the city council determines that CMU may not be able to meet all demand for essential water uses based on any one or more of the factors set forth in section 23-253(a); provided that the city manager may impose phase III water conservation controls without the approval of the city council at any time that, based upon a recommendation from CMU, the city manager determines that CMU may not be able to meet all demand for essential water uses based on any one or more of the factors set forth in section 23-253(a) and also finds that emergency conditions exist. If the city manager imposes phase III water conservation controls pursuant to this section, such controls shall be subject to amendment or termination by the city council. (b) A water shortage declaration imposing phase III water conservation controls may include: (1) Restrictions on the manner, day of the week, and/or time of day of one or more discretionary, community and business or essential water uses; and/or (2) Complete prohibitions on one or more of such uses. (c) The city manager, based upon a recommendation from CMU, shall determine the specific water conservation controls included in a water shortage declaration imposed pursuant to this section. The provisions of subsection (a) of this section shall not be construed under any circumstances to limit the authority of the city manager under this article to issue, amend or terminate a water shortage declaration or to require approval of the city council in order for the city manager to amend or terminate any water shortage declaration imposing phase III water conservation controls, including, without limitation, amending a water shortage declaration to revise phase III water conservation controls or to impose phase I or II water conservation controls. (d) In addition to the controls authorized by subsection (b) of this section, the city manager shall also be authorized, based upon a recommendation from CMU, to take such actions as may be reasonably necessary or convenient to ration water among CMU customers, including, without limitation, suspending water service to customers pursuant to a plan approved by the city council. (Ord. No. 2274, § 4(23-137), 3-24-2003)

Charlotte City Code § 23-259 Termination for leak in customer's plumbing.

Sec. 23-259. - Termination for leak in customer's plumbing. It shall be unlawful for any customer or owner of a plumbing system receiving water from CMU water system to fail to repair a leak in such plumbing system within a reasonable time while a water shortage declaration is in effect. Any customer or owner who fails to repair a leak in such plumbing system within five calendar days after notice to do so from CMU shall be subject to a civil penalty of $100.00 termination of service, or both. (Ord. No. 2274, § 4(23-138), 3-24-2003)

Charlotte City Code § 23-260 Permits for hydrant usage.

Sec. 23-260. - Permits for hydrant usage. (a) CMU may issue permits to any customer with a qualifying need during a water shortage declaration authorizing water to be used from fire hydrants that are a part of CMU water system, so long as such water is used in accordance with all water conservation controls imposed by such declaration. Any permit to use water from such a fire hydrant issued prior to a water shortage declaration shall be subject to such declaration and the water conservation controls imposed by such declaration. (b) In any permit issued pursuant to this section, CMU may impose such conditions and restrictions as are appropriate to require that water used from CMU water system be minimized to the extent practical. (c) Unless otherwise expressly provided in a permit, any permit subject to this section shall automatically terminate upon the effective date and time of the imposition of phase III water conservation controls. (d) Any person or entity receiving a permit subject to this section who violates the terms thereof shall be subject to a civil penalty pursuant to section 23-262(e) and to the revocation of the permit. Any person who has violated the term of any permit subject to this section, any variance issued pursuant to this article or any mandatory water conservation control imposed pursuant to this article may be denied a permit, notwithstanding any provision of this section to the contrary. (Ord. No. 2274, § 4(23-139), 3-24-2003)

Charlotte City Code § 23-261 Variances.

Sec. 23-261. - Variances. (a) CMU is authorized to issue a variance in accordance with this article permitting any customer satisfying the requirements of this article to use water for a purpose that would otherwise be prohibited by water conservation controls then in effect. (b) During any time that phase I water conservation controls have been imposed pursuant to this article and except as otherwise provided in this article, CMU shall issue variances under the following circumstances: A customer with a new lawn and/or landscape installed within 30 days of the application for a variance (but not during any time when phase II or phase III water conservation controls were in effect) may be permitted to water such newly installed landscaping on the date of installation and for up to 30 days after the date of installation and, during such time period, shall not be subject to restrictions on the days of the week, but shall be subject to any restrictions on the times of the day, when outdoor vegetation may be watered in accordance with the water conservation controls otherwise in effect. A variance issued pursuant to this subsection may be extended by CMU under such terms and conditions as are set forth in the water shortage management plan. (c) During any time that phase II water conservation controls have been imposed pursuant to this article and except as otherwise provided in this article, CMU shall issue variances for the following uses: A customer with a new lawn and/or landscape installed within 30 days prior to the implementation of phase II water conservation controls (but not during any time when phase II or phase III water conservation controls were in effect) may be permitted to water such newly installed landscaping on the date of installation and for up to 30 days after the date of installation and during such days of the week and times of the day as designated in the variance. (d) During any time that phase I or phase II water conservation controls have been imposed pursuant to this article, CMU shall issue variances for the following uses: (1) A public or volunteer fire department during any training exercise using water from CMU water system under circumstances when such training is reasonably necessary to maintain effective firefighting capabilities; (2) Any customer or user undertaking any activity required by applicable law; and (3) Any person or entity proposing to eliminate or reduce unsanitary conditions that pose a substantial risk of injury or disease. (e) During any time that phase III water conservation controls have been imposed pursuant to this article, CMU may, but shall be under no obligation to, issue variances for the uses listed in subsection (d) of this section. (f) In any variance issued pursuant to this section, CMU may impose such conditions and restrictions as are appropriate to require that water used from CMU water system be minimized to the extent practical. (g) Unless otherwise expressly provided in a variance, any variance issued pursuant to this section shall automatically terminate upon the effective date and time of the imposition of phase III water conservation controls. (h) Any person or entity receiving a variance pursuant to this section who violates the terms thereof shall be subject to a civil penalty pursuant to section 23-262(e) and to the revocation of the variance. Any person who has violated the term of any permit subject to this article, any variance issued pursuant to this section or any mandatory water conservation control imposed pursuant to this article may be denied a variance, notwithstanding any provision of this section to the contrary. (Ord. No. 2274, § 4(23-140), 3-24-2003)

Charlotte City Code § 23-262 Enforcement.

Sec. 23-262. - Enforcement. (a) The use of water from CMU water system in violation of any mandatory water conservation control imposed pursuant to this article, the term of any permit subject to section 23-260 or the term of any variance issued pursuant to section 23-261 is unlawful. Further, the refusal or failure of a customer or other person acting on the customer's behalf to cease immediately a violation of a water conservation control, after being directed to do so by a person authorized to enforce the provisions of this article, is unlawful. Each customer is responsible for any use of water that passes through the service connection associated with the customer's account or otherwise passes through the customer's private water system. (b) Any customer who violates or permits the violation of any mandatory water conservation control imposed pursuant to section 23-256 shall be subject to a civil penalty according to the following schedule of penalties: 1½-inch service connection or smaller | 2-inch service connection or larger First offense | $100.00 | $200.00 Second offense | 200.00 | 400.00 Third and subsequent offenses | 300.00 | 600.00 (c) Any customer who violates or permits the violation of any mandatory water conservation control imposed pursuant to sections 23-257 or 23-258 shall be subject to a civil penalty according to the following schedule of penalties: 1½-inch service connection or smaller | 2-inch service connection or larger First offense | $200.00 | $ 400.00 Second offense | 400.00 | 800.00 Third and subsequent offenses | 600.00 | 1,200.00 (d) Any customer who violates or permits the violation of any term of a permit subject to section 23-260 or a variance issued pursuant to section 23-261 shall be subject to a civil penalty of $500.00. (e) Any customer or other person acting on behalf of the customer who refuses or otherwise fails to cease immediately a violation of a water conservation control after being directed to do so by a person authorized to enforce the provisions of this article shall be subject to a civil penalty equal to twice the amount of the civil penalty applicable to the violation which such customer or person was directed to cease. (f) In addition to the payment of any civil penalty assessed pursuant to this section, a customer shall be subject to termination of water service through any irrigation service connection used to violate any water conservation controls imposed pursuant to this article during any period of time during which a water shortage declaration is continuously in effect under the following circumstances: (1) Five or more violations of any water conservation control, including, without limitation, the terms of any variance or permit issued pursuant to this article; or (2) Two or more violations of any phase II or phase III water conservation control, including, without limitation, the terms of any variance or permit issued pursuant to this article. In the discretion of CMU, termination of such service may include one or more of the following actions: turnoff, meter removal, yoke removal and turnoff at main. Water service will not be restored at such service connection until the customer agrees to such terms as CMU determines are reasonably necessary or advisable to ensure the customer's compliance with such water conservation controls as are then in effect or may be imposed pursuant to this article and the payment of all the customer's obligations, including, without limitation, all outstanding charges for water service, civil penalties and all other fees, amounts and penalties charged in accordance with the provisions of this chapter. If a customer violates such a term or condition, the customer shall be subject to a civil penalty of up to $1,000.00 in addition to any other remedy that may be authorized by law or agreement and termination of water service through such service connection for up to a minimum period of 15 days. Service may be restored thereafter in accordance with the provisions of this section. (g) A customer whose water service is terminated pursuant to subsection (f) of this section shall not be entitled to notice and an opportunity for a hearing in advance of such termination. Notice of such termination shall be given as soon as reasonably possible after a decision is made by CMU to terminate such service, but service of such notice and an opportunity for a hearing shall not be conditions precedent to such termination. A customer whose service is terminated pursuant to this section or who receives notice of such a termination shall have five calendar days after termination of service or receipt of notice of termination, whichever is later, to appeal such termination to the director of CMU, or his/her designee, by delivering a written notice of appeal. A hearing shall be held on such appeal within three business days of receipt of the notice of appeal, or by such other date as approved by the director of CMU, or his/her designee, and the customer. (h) The violation of any water conservation control or provision of this article may be enforced by all remedies authorized by law for noncompliance with municipal ordinances, including the assessment of a civil penalty and action for injunction, order of abatement or other equitable relief; provided that, except as provided in subsection (i) of this section, no violation of any water conservation control or provision of this article shall be a basis for imposing any criminal remedy. (i) The violation of sections 23-137 and 23-140 during any time while a water shortage declaration is in effect shall be punishable in accordance with applicable law for a criminal misdemeanor, including without limitation a fine of $500.00. (j) Each civil penalty assessed against a customer pursuant to this article shall be added to the customer's water bill and shall be paid in the same manner as set forth in this chapter for the payment of water bills. Failure to pay all or any portion of a water bill, including any civil penalty assessed pursuant to this article, in a timely manner may result in the termination of water service from CMU. (k) Except as provided in this subsection, each day that a violation of a mandatory water conservation control occurs shall be considered to be a separate violation. (1) If a customer or other person acting on behalf of the customer refuses or otherwise fails to cease immediately a violation of a water conservation control after being directed to do so by a person authorized to enforce the provisions of this article, such failure shall constitute a separate violation; and (2) After receiving a notice of violating a water conservation control and ceasing such violation, a customer who resumes the violation of the water conservation control on the same day shall be guilty of a separate violation. (l) CMU and any other city employees or persons designated by the city manager shall be authorized to enforce the provisions of this article. (Ord. No. 2274, § 4(23-141), 3-24-2003)

Source: City of Charlotte, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nc/charlotte/codes/code_of_ordinances?nodeId=PTIICOOR_CH23WASEINWADIRE_ARTVIIWACOFetched: 10/27/2026