Ordinance # 93

AN ORDINANCE OF THE CITY OF RIGGINS, IDAHO COUNTY, IDAHO, PROVIDING FOR THE REGULATION OF WATER SERVICE FOR IRRIGATION WITHIN THE CITY OF RIGGINS; PROVIDING AUTHORITY TO THE CITY COUNCIL BY A RESOLUTION TO RESTRICT IRRIGATION DURING TIMES OF LIMITED WATER FLOWS; PROVIDING A SYSTEM FOR THE DIVISION OF THE CITY TO REGULATE IRRIGATION; PROVIDING CRIMINAL PENALTIES FOR VIOLATION OF IRRIGATION RESTRICTIONS AFTER NOTICE; PROVIDING FOR THE ORDINANCE TO BECOME EFFECTIVE UPON ITS PASSAGE, APPROVAL AND PUBLICATION.

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF RIGGINS, IDAHO COUNTY, IDAHO, AS FOLLOWS:

Section 1.    The City Council reserves the right to regulated the use of water for irrigation within the City of Riggins at all times when the City Council shall find that the supply of water has been substantially diminished by either use or lack of supply.

    Should the City Council make the finding that the water supply is in jeopardy, based upon reports it has received from the City Water Department, then the City may by resolution, appropriately adopted at such time, restrict the use of irrigation water from both the Riggins City ditch and the domestic well water system. Upon, making such finding, and upon adopting such resolution, the City of Riggins shall be divided such that from the Riggins City Post Office and the area immediately north of the Irwin Center in the city of Riggins, those properties shall be permitted to irrigate from the Riggins City ditch and from the well water system on odd numbered days.  From the Post Office and Irwin Center, including Irwin Center, to the south within the incorporated limits those properties shall be permitted to water and irrigate on even numbered days.

    In addition to the day restriction, the Council reserves the right to set particular times for irrigation as additional restrictions.

Section 2.    The Council further reserves the right to independently restrict the use of the Riggins City ditch and independently restrict the use of the well water system should supplies vary between the system.

Section 3.    Even thought the restrictions shall be in effect as adopted from time to time by the Council, hand sprinkling shall be allowed at all times. Hand sprinkling shall be limited tot he use of water by a sprinkler or sprayer actually held in a person's hand. If the restrictions are in effect, no person may actually set and leave a sprinkler unattended under any circumstances.

Section 4.    Upon the adoption of any such emergency resolution from time to time, such resolution shall be posted for inspection at the City Hall, the Riggins Post Office and three other public places within the City. Such resolution shall clearly specify all restrictions. Once a resolution has been adopted, a violation of the terms of such resolution shall subject a violator to a civil penalty of $50 for each such violation. Provided, however, before any person can be subjected to a civil penalty, he shall be entitled to one actual warning by the agents of the City, including the Police, of the fact he is violating this ordinance and must have actual knowledge of the existence of the emergency resolution.

    Processing of any violator shall be done on misdemeanor complaint forms that are regularly used and adopted by the City Police for general misdemeanors.

Section 5.    The ordinance shall be in effect upon its passage, approval and publication in the official newspaper of the City of Riggins.

This Ordinance passed under a suspension of the rules requiring three readings on separate days at a regular meeting of the City Council held in 1985.