1. For purposes of this section the following terms shall have the following definitions:
   1. Culinary Water shall include all water supplied through that portion of Cedar City’s water works system for culinary use. Typical examples of culinary water include, but are not limited to, residential connections, business connections, and industrial connections.
   2. Ditch Irrigation Water shall include all water supplied by Cedar City pursuant to the terms of Chapter 21 of the Ordinances of Cedar City.
   3. Irrigation shall include the spraying, sprinkling, misting, flooding, dripping, or otherwise applying water on turf, gardens, trees, grass, shrubbery, or any other vegetation.
   4. Secondary Irrigation Water shall include all non-potable water supplied through any Cedar City water works system dedicated for secondary irrigation purposes. Typical examples of secondary irrigation water include, but are not limited to, large irrigation users such as schools, City recreational facilities, golf courses, or Southern Utah University. Additional irrigation uses may be added by the Superintendent of the Cedar City Water Works System.
2. Beginning on April 1 and ending on October 31 of each calendar year, outside irrigation using culinary water is prohibited between the hours of 8:00 a.m. and 6:00 p.m., except for the following situations:
   1. New lawns that require frequent irrigation for establishment purposes within thirty (30) days of planting;
   2. Short cycles required for testing, inspecting, and maintaining irrigation systems provided that there is a person physically present to monitor the system test; or
   3. Use of culinary water for irrigation of commercial stock and commercial gardens or plant nurseries that are licensed by the City, provided that the licensee or a representative is personally on the premises at the time the irrigation is taking place.
   4. Special permit issued by the Superintendent of the Cedar City Water Works System.
3. Use of Secondary Irrigation Water and Ditch Irrigation Water are specifically excluded from the provisions of this ordinance.
4. Within a calendar year culinary water users found violating this ordinance shall be subject to the following penalties:
   1. Upon a first offense a notice reasonably designed to educate and inform the water user about the provisions of this ordinance shall be provided. The notice shall be deemed sufficient if left in a conspicuous location on the property where the ordinance violation occurs. An example is leaving a notice hanging on the front door of a residence, or the manager’s door of a multi-unit dwelling.
   2. Upon a second violation the water supply to the property where the violation occurs shall be shut off. Once the water is shut off it may only be turned back on by City staff after the fee established in this ordinance or the City’s fee schedule has been paid.
   3. Upon a third or subsequent violation the water supply to the property where the violation occurs shall be shut off. Once the water is shut off it may only be turned back on by City staff after the fee established by this ordinance or the City’s fee schedule and an additional one hundred dollar ($100) penalty have been paid.
5. All fines and penalties shall be paid in full prior to restoration of water service. If not paid the fines shall be added to the water user’s outstanding water bill and collected in accordance with the provisions of this ordinance.
6. The City’s Public Works Department shall maintain a complete list containing the time of day, date, and address of each property for the enforcement of the provisions of this ordinance.
   
7. After the enforcement action has taken place a property owner shall be able to appeal. The appeal shall be to the City Manager. The appeal shall be limited in scope to the property owner having to show that on the dates and times recorded by the Public Works Department they were not irrigating with culinary water during prohibited times. The City Manager shall be limited in the remedy that may be provided. If clear from the facts and circumstances the City Manager may waive re-connection fees and/or penalties imposed by this ordinance and remove the unfounded violation from the records maintained by Public Works.
8. For purposes of enforcing this ordinance each day when a violation occurs may be considered a separate violation.

Amended by City Ordinance No. 0423-14-1