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EXHIBIT D CURTAILMENT OF WATER USE (ORDINANCE TO BE ADOPTED BY MUNICIPALITY) Upon notice from the City of Cleveland, Division of Water of the Department of Public Utilities that a shortage of water supply exists which threatens the public health and safety and that the shortage makes it necessary to curtail water use within all or any part of the, the Mayor shall proclaim a water use emergency throughout all or any part of. A water use emergency proclamation shall specify: (a) the geographic area affected by the water use emergency; (b) the length of time the emergency shall be in effect which time shall not exceed seven (7) days; and (c) the degree of water use curtailment. During a water use emergency, the Mayor may order a water use curtailment by prohibiting unnecessary use or consumption of water during all or specified hours of the day and/or may order that specified premises curtail necessary use or consumption of water on specified days only as the Mayor shall determine to be necessary. A proclamation of a water use emergency shall become effective at the time of issuance by the Mayor. Notice thereof shall be given to a newspaper of general circulation in and shall be reported to a local radio and television station for broadcast. As used in this section, unnecessary use or consumption means the use or consumption of water for purposes other than personal health, safety, sanitation and bodily consumption. "Unnecessary use of consumption" of waters includes but is not limited to sprinkling or watering lawns, other land irrigation, the washing of automobiles, houses or other structures and the use of water for recreational purposes such as the maintenance of swimming pools. The use of water for private construction such as the mixing and curing of concrete, the puddling of backfill in excavations, the moistening of masonry walls preparatory to pointing or sealing, and other similar uses is not an unnecessary use or consumption of water. The use of water to scrub and rinse areas such as hard -surface drives, garage floors, patios and similar uses where necessary for the purpose of sanitation and the protection of health is not an unnecessary use or consumption of water. No person or entity shall during a water use emergency use water in violation of the terms and conditions of the Mayors water use emergency proclamation. Whoever violates this ordinance is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00). Whoever violates this ordinance having been previously convicted of a violation of this ordinance is guilty of a misdemeanor of the third-degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty (60) days, or both. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.