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O-16-07VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -16 -7 AN ORDINANCE AMENDING CHAPTER 23 (WATER) OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD TO ADOPT CERTAIN WATER CONSERVATION MEASURES PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 7th day of March , 2016. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 7th day of March , 2016. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -16 -7 AN ORDINANCE AMENDING CHAPTER 23 (WATER) OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD TO ADOPT CERTAIN WATER CONSERVATION MEASURES WHEREAS, the Village of Deerfield has an allocation of Lake Michigan water and is subject to complying with water allocation rules adopted by the Illinois Department of Natural Resources; and WHEREAS, the Illinois Department of Natural Resources ( "IDNR ") has amended its current Lake Michigan water allocation rules and regulations (17 Il1.Adm.Code §3730.307) to adopt water conservation practices that the Village must comply with as a permitee of Lake Michigan water; and WHEREAS, the new conservation practices required by IDNR include a requirement that new and replacement plumbing fixtures and irrigation controllers shall bear the "WaterSense" label as designated by the U. S. Environmental Protection Agency WaterSense program when such labelled fixtures are available; and WHEREAS, the corporate authorities of the Village of Deerfield have determined that it is in the best interests of the Village and its residents to adopt the water conservation measures set forth in this Ordinance; -1- NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That Section 23 -9 entitled "Limitation on Water Used During Emergencies" of Chapter 23 ( "Water ") of the Municipal Code of the Village of Deerfield be and the same is hereby retitled as "Water Conservation Measures," and is further amended to read as follows: Sec. 23 -9. Water Conservation Measures: A. Emergencies. During any period when the overall demand upon the village water supply system is so great as to endanger the public health, safety and welfare, the village president is authorized to declare an emergency and to issue emergency water conservation regulations, limiting and prohibiting the use of water from the village water mains for use in air conditioning, sprinkling, watering or irrigating shrubbery, trees, lawns, grass, ground covers, vines, gardens, vegetables, flowers or for any other purpose. When the village president declares such an emergency, it shall be unlawful for any person to violate any such regulations. (1963 Code § 23.109) B. Lawn Sprinkling Restrictions: (1) Between May 15 and September 15 of each year it shall be unlawful for any person to use or any owner to allow the use of any water from the village water mains for the purpose of unrestricted lawn sprinkling except during the time periods provided below: (a) Unrestricted lawn sprinkling shall be permitted only between the hours of twelve o'clock (12:00) midnight and twelve o'clock (12:00) noon and six o'clock (6:00) P.M. and twelve o'clock (12:00) midnight on odd calendar days for those parcels of property with street addresses ending with an odd number and on even calendar days for those parcels of property with street addresses ending with an even number. Any parcel of property covering an area that includes multiple street addresses shall utilize the street address on the village water bills for purposes of determining the days on which such water use is permitted. -2- (b) Newly sodded areas of lawns may be watered at any time on any day for the two (2) week period following the installation of such sod. (2) Any person or property owner violating any provision hereof shall be fined not less than twenty five dollars ($25.00) for each offense occurring on residential property and not less than one hundred dollars ($100.00) for each offense occurring on nonresidential property. C. WaterSense Plumbing Fixtures: Notwithstanding anything to the contrary contained within this chapter or within the Plumbing Code of the Village of Deerfield, and subject to the Illinois Plumbing Code (77 Illinois Administrative Code 890) and the Lawn Irrigation Contractor and Lawn Sprinkler System Registration Code (77 Illinois Administrative Code 892), all new plumbing fixtures and irrigation controllers installed after the effective date of this ordinance shall bear the WaterSense label as designated by the U.S. Environmental Protection Agency WaterSense program when such labeled fixtures are available. SECTION 2: That Section 23 -9A ( "Restrictions on Water Usage ") of Chapter 23 ( "Water ") of the Municipal Code of the Village of Deerfield, being superseded by this Ordinance, be and the same is hereby repealed. SECTION 3: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. -3- SECTION 4: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this 7th dayof March '2016. AYES: Jester, Nadler, Seiden, Struthers NAYS: None ABSENT: Farkas, Shapiro ABSTAIN: None APPROVED this 7th day of March 2016. ATTEST: Vil age Clerk 1La�✓, e, t"j Village Pre ident -4-