§ 9-32-3. Energy curtailment measures.

A.

After proclamation of an energy emergency, the mayor may, at his or her discretion, in the interest of the public health, safety and welfare, order the implementation of any or all of the following energy curtailment steps:

1.

Prohibit any customer from making, causing or permitting any use of an energy resource from the light, gas and water division for exterior floodlighting and motorized devices for decorative use, with the exception that commercial customers may operate window display lighting and one outdoor sign for business logo or identification purposes;

2.

Reduce the amount of electric energy usage for lighting billboards and other outdoor advertising signs under contract by the same percentage of kilowatt hours that the Tennessee Valley Authority reduces the total supply of kilowatt hours available to the light, gas and water division. This reduction shall not apply to the amount of energy used in connection with lighting the one outdoor sign for business logo or identification permitted under subsection (A)(1) of this section;

3.

Prohibit any customer from making, causing or permitting any use of an energy resource from the light, gas and water division for outdoor gaslights, swimming pool heaters, outdoor barbecue grills or similar nonessential uses;

4.

Prohibit any customer from making, causing or permitting any use of an energy resource from the Memphis light, gas and water division for the purpose of:

a.

Heating or cooling an occupied space beyond the temperature limits set by order of the mayor, or

b.

Heating or cooling an unoccupied space at a temperature in excess of that required to prevent loss of perishable goods, animals or damage to piping or equipment;

5.

Prohibit any customer from making, causing or permitting any use of an energy resource from the light, gas and water division for exterior lighting during daylight hours;

6.

Prohibit any customer from making, causing or permitting any use of an energy resource from the light, gas and water division for interior lighting within commercial and industrial buildings when they are closed for business;

7.

Prohibit any customer from making, causing or permitting any use of an energy resource from the light, gas and water division for noncommercial recreational use after 10:00 p.m., and such use before 10:00 p.m. shall not be in excess of 50 percent of the amount of that energy resource used in the billing period for the same month one year earlier;

8.

Declare and set the maximum number of hours and the maximum number of days that commercial customers may be open for the conduct of trade or business in any seven-consecutive-day period. Such declaration or restriction shall not be in conflict with any restrictions that may be imposed by the state or the federal government;

9.

Declare certain businesses as nonessential to the maintenance of the public health, welfare and safety. Such businesses shall be subject to having their energy resource supply from the light, gas and water division restricted or eliminated upon order of the mayor;

10.

Prohibit or restrict such other activities as he or she reasonably believes are necessary to help maintain life, health or property within the city.

B.

In imposing the restrictions provided by this section, the mayor may impose them for such times, upon such conditions, with such exceptions and in such areas of the city as he or she from time to time deems necessary.

C.

Whenever the restrictions imposed under this chapter are more restrictive than are required by any other statute, local ordinance or regulations, the provisions of the restriction imposed hereunder shall govern.

D.

Whenever the restrictions of any other statute, local ordinance or regulation are more restrictive than the restriction imposed under this chapter, the provisions of such statute, local ordinance or regulations shall govern.

(Code 1967, § 22-107; Code 1985, § 20-88; Ord. No. 2186, § 3, 12-17-1974; Ord. No. 2563, § 1, 2-22-1977)