(a) 
In order to conserve the available water supply and protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the city hereby adopts the following regulations and restrictions on the delivery and consumption of water.
(b) 
Water uses regulated or prohibited under this drought contingency plan (the “plan”) are considered to be nonessential, and continuation of such uses during times of water shortage or other emergency water supply conditions is deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in section 13.04.010 of this plan.
(Ordinance 2000-0821, exh. A, sec. I, adopted 8/21/00)
Opportunity for the public to provide input into the preparation of the plan was provided by the city by means of a public meeting.
(Ordinance 2000-0821, exh. A, sec. II, adopted 8/21/00)
The city will periodically provide the public with information about the plan, including information about the conditions under which each stage of the plan is to be initiated or terminated and the drought response measures to be implemented in each stage. This information will be provided by means of the local newspaper.
(Ordinance 2000-0821, exh. A, sec. III, adopted 8/21/00)
The public works director, or his/her designee, is hereby authorized and directed to implement the applicable provisions of this plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The public works director, or his/her designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in the plan.
(Ordinance 2000-0821, exh. A, sec. V, adopted 8/21/00)
The provisions of this plan shall apply to all persons, customers, and property utilizing water provided by the city. The terms “person” and “customer” as used in the plan include individuals, corporations, partnerships, associations, and all other legal entities.
(Ordinance 2000-0821, exh. A, sec. VI, adopted 8/21/00)
For the purposes of this plan, the following definitions shall apply:
Aesthetic water use.
Water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens.
Commercial and institutional water use.
Water use which is integral to the operations of commercial and nonprofit establishments and governmental entities such as retail establishments, hotels and motels, restaurants, and office buildings.
Conservation.
Those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses.
Customer.
Any person, company, or organization using water supplied by the city.
Domestic water use.
Water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, and sanitation, or for cleaning a residence, business, industry, or institution.
Even-numbered address.
Street addresses, box numbers, or rural postal route numbers ending in 0, 2, 4, 6, or 8, and locations without addresses.
Industrial water use.
Water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, rights-of-way and medians.
Non-essential water use.
Water uses that are neither essential nor required for the protection of public, health, safety, and welfare, including:
(1) 
Irrigation of landscape areas, including parks, athletic fields, and golf courses, except as otherwise provided under this plan;
(2) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle;
(3) 
Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas;
(4) 
Use of water to wash down buildings or structures for purposes other than immediate fire protection;
(5) 
Flushing gutters or permitting water to run or accumulate in any gutter or street;
(6) 
Use of water to fill, refill, or add to any indoor or outdoor swimming pools or jacuzzi-type pools;
(7) 
Use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life;
(8) 
Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and
(9) 
Use of water from hydrants for construction purposes or any other purposes other than firefighting.
Odd-numbered address.
Street addresses, box numbers, or rural postal route numbers ending in 1, 3, 5, 7, or 9.
(Ordinance 2000-0821, exh. A, sec. VII, adopted 8/21/00)
The public works director, or his/her designee, shall monitor water supply and/or demand conditions on a daily basis and shall determine when conditions warrant initiation or termination of each stage of the plan. Public notification of the initiation or termination of drought response stages shall be by means of local newspaper and television. The triggering criteria described below are based on a statistical analysis of the vulnerability of the water source under a drought of record conditions.
(1) 
Stage 1 - Mild water shortage conditions.
(A) 
Requirements for initiation.
Customers shall be requested to voluntarily conserve water and adhere to the prescribed restrictions on certain water uses:
(i) 
When consumption has reached 65% of total production capacity for three (3) consecutive days.
(ii) 
When any combination of mechanical failures in production, or distribution [occurs] that reduces the total production capacity by a significant amount (as determined by the public works director) or contamination of the water supply.
(B) 
Requirements for termination.
Stage 1 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of three (3) consecutive days.
(2) 
Stage 2 - Moderate water shortage conditions.
(A) 
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in section 13.04.007 of the plan:
(i) 
When consumption has reached 75% of total production capacity for three (3) consecutive days.
(ii) 
When any combination of mechanical failures in production, or distribution [occurs] that reduces the total production capacity by a significant amount (as determined by the public works director) or contamination of the water supply.
(B) 
Requirements for termination.
Stage 2 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of three (3) consecutive days. Upon termination of Stage 2, Stage 1 becomes operative.
(3) 
Stage 3 - Severe water shortage conditions.
(A) 
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses for Stage 3 of this plan:
(i) 
When consumption has reached 80% of total production capacity for three (3) consecutive days.
(ii) 
When any combination of mechanical failures in production, or distribution [occurs] that reduces the total production capacity by a significant amount (as determined by the public works director) or contamination of the water supply.
(B) 
Requirements for termination.
Stage 3 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of three (3) consecutive days. Upon termination of Stage 3, Stage 2 becomes operative.
(4) 
Stage 4 - Critical water shortage conditions.
(A) 
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses for Stage 4 of this plan:
(i) 
When consumption has reached 90% of total production capacity for three (3) consecutive days.
(ii) 
When any combination of mechanical failures in production, or distribution [occurs] that reduces the total production capacity by a significant amount (as determined by the public works director) or contamination of the water supply.
(B) 
Requirements for termination.
Stage 4 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of three (3) consecutive days. Upon termination of Stage 4, Stage 3 becomes operative.
(5) 
Stage 5 - Emergency water shortage conditions.
(A) 
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses for Stage 5 of this plan when:
(i) 
Major water line breaks or pump or system failures occur, which cause unprecedented loss of capability to provide water service; or
(ii) 
Natural or man-made contamination of the water supply source(s) occurs. Upon termination of Stage 5, the stage previously in effect prior to Stage 5 initiation becomes operative.
(B) 
Requirements for termination.
Stage 5 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of three (3) consecutive days.
(Ordinance 2000-0821, exh. A, sec. VIII, adopted 8/21/00)
The public works director, or his/her designee, shall monitor water supply and/or demand conditions on a daily basis and, in accordance with the triggering criteria set forth in section 13.04.008 of the plan, shall determine that a mild, moderate, severe, critical, or emergency condition exists and shall implement the following actions upon publication of notice in a newspaper of general circulation:
(1) 
Stage 1 - Mild water shortage conditions.
(A) 
Goal.
Achieve a voluntary reduction in daily water demand.
(B) 
Voluntary water use restrictions.
(i) 
Water customers are requested to voluntarily limit the irrigation of landscaped areas to Sundays and Thursdays for customers with a street address ending in an even number (0, 2, 4, 6 or 8), and Saturdays and Wednesdays for water customers with a street address ending in an odd number (1, 3, 5, 7 or 9), and to irrigate landscapes only between the hours of midnight and 10:00 a.m. and 8:00 p.m. to midnight on designated watering days.
(ii) 
All operations of the city shall adhere to water use restrictions prescribed for Stage 1 of the plan.
(iii) 
Water customers are requested to practice water conservation and to minimize or discontinue water use for non-essential purposes.
(2) 
Stage 2 - Moderate water shortage conditions.
(A) 
Goal.
Achieve a 10% reduction in daily water use.
(B) 
Water use restrictions.
Under threat of penalty for violation, the following water use restrictions shall apply to all persons:
(i) 
Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems shall be limited to Sundays and Thursdays for customers with a street address ending in an even number (0, 2, 4, 6 or 8), and Saturdays and Wednesdays for water customers with a street address ending in an odd number (1, 3, 5, 7 or 9), and irrigation of landscaped areas is further limited to hours of 12:00 midnight until 10:00 a.m. and between 8:00 p.m. and 12:00 midnight on designated watering days. However, irrigation of landscaped areas is permitted at any time if it is by means of a hand-held hose, a faucet-filled bucket or watering can of five (5) gallons or less, or a drip irrigation system.
(ii) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight. Such washing, when allowed, shall be done with a hand-held bucket or a hand-held hose equipped with a positive shut-off nozzle for quick rinses. Vehicle washing may be done at any time on the immediate premises of a commercial carwash or commercial service station. Further, such washing may be exempted from these regulations if the health, safety, and welfare of the public is contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables.
(iii) 
Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or jacuzzi-type pools is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight.
(iv) 
Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system.
(v) 
Use of water from hydrants shall be limited to firefighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the city.
(vi) 
All restaurants are prohibited from serving water to their patrons except when requested.
(vii) 
The following uses of water are defined as non-essential and are prohibited:
a. 
Washing down sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas;
b. 
Use of water to wash down buildings or structures for purposes other than immediate fire protection;
c. 
Use of water for dust control;
d. 
Flushing gutters or permitting water to run or accumulate in any gutter or street; and
e. 
Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s).
(3) 
Stage 3 - Severe water shortage conditions.
(A) 
Goal.
Achieve a 15% reduction in daily water demand.
(B) 
Water use restrictions.
All requirements of Stage 2 shall remain in effect during Stage 3 except:
(i) 
Irrigation of landscaped areas shall be limited to designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight and shall be done by means of hand-held hoses, hand-held buckets, drip irrigation, or permanently installed automatic sprinkler systems only. The use of hose-end sprinklers is prohibited at all times.
(ii) 
The watering of golf courses is prohibited unless the golf course utilizes a water source other than that provided by the city.
(iii) 
The use of water for construction purposes from designated fire hydrants under special permit is to be discontinued.
(4) 
Stage 4 - Critical water shortage conditions.
(A) 
Goal.
Achieve a 25% reduction in daily water demand.
(B) 
Water use restrictions.
All requirements of Stage 2 and Stage 3 shall remain in effect during Stage 4 except:
(i) 
Irrigation of landscaped areas shall be limited to designated watering days between the hours of 6:00 a.m. and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight and shall be done by means of hand-held hoses, hand-held buckets or drip irrigation only. The use of hose-end sprinklers or permanently installed automatic sprinkler systems is prohibited at all times.
(ii) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle not occurring on the immediate premises of a commercial carwash or commercial service station and not in the immediate interest of public health, safety, and welfare is prohibited. Further, such vehicle washing at commercial carwashes and commercial service stations shall occur only between the hours of 6:00 a.m. and 10:00 a.m. and between 6:00 p.m. and 10:00 p.m.
(iii) 
The filling, refilling, or adding of water to swimming pools, wading pools, or jacuzzi-type pools is prohibited.
(iv) 
Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system.
(v) 
No applications for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extension, mains, or water service facilities of any kind shall be allowed or approved.
(5) 
Stage 5 - Emergency water shortage conditions.
(A) 
Goal.
Achieve a 25% reduction in daily water demand.
(B) 
Water use restrictions.
All requirements of Stages 2, 3, and 4 shall remain in effect during Stage 5 except:
(i) 
Irrigation of landscaped areas is absolutely prohibited.
(ii) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is absolutely prohibited.
(Ordinance 2000-0821, exh. A, sec. IX, adopted 8/21/00)
(a) 
No person shall knowingly or intentionally allow the use of water from the city for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of the plan, or in an amount in excess of that permitted by the drought response stage in effect at the time pursuant to action taken by the public works director, or his/her designee, in accordance with provisions of the plan.
(b) 
Any person who violates this plan is guilty of a misdemeanor, and upon conviction shall be punished by a fine in accordance with the general penalty provided in section 1.01.009. Each day that one or more of the provisions in this plan is violated shall constitute a separate offense. If a person is convicted of three or more distinct violations of this plan, the public works director shall, upon due notice to the customer, be authorized to discontinue water service to the premises where such violations occur. Services discontinued under such circumstance shall be restored only upon payment of a reconnection charge as adopted by the city council, and any other costs incurred by the city in discontinuing service. In addition, suitable assurance must be given to the public works director that the same action shall not be repeated while the plan is in effect. Compliance with this plan may also be sought through injunctive relief in the district court.
(c) 
Any person, including a person classified as a water customer of the city, in apparent control of the property where a violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on the person’s property shall constitute a rebuttable presumption that the person in apparent control of the property committed the violation, but any such person shall have the right to show that he/she did not commit the violation. Parents shall be presumed to be responsible for violations of the minor children, and proof that a violation, committed by a child, occurred on property within the parents’ control shall constitute a rebuttable presumption that the parent committed the violation, but any such parent may be excused if he/she proves that he/she had previously directed the child not to use the water as it was used in violation of the plan and that the parent could not have reasonably known of the violation.
(d) 
Any employee of the city, a police officer, or other employee designated by the public works director may issue a citation to a person he/she reasonably believes to be in violation of this article. The citation shall be prepared in duplicate and shall contain the name and address of the alleged violator, if known, and the offense charged, and shall direct him/her to appear in the municipal court on the date shown on the citation, for which the date shall not be less than 3 days nor more than 5 days from the date the citation was issued. The alleged violator shall be served a copy of the citation. Service of the citation shall be complete upon delivery of the citation to the alleged violator, to an agent or employee of a violator, or to a person over 14 years of age who is a member of the violator’s immediate family or is a resident of the violator’s residence. The alleged violator shall appear in municipal court to enter a plea of guilty or not guilty for the violation of the plan. If the alleged violator fails to appear in municipal court, a warrant for his/her arrest may be issued. A summons to appear may be issued in lieu of an arrest warrant. These cases shall be expedited and given preferential setting in municipal court before all other cases.
(Ordinance 2000-0821, exh. A, sec. XI, adopted 8/21/00; Ordinance adopting 2017 Code)
(a) 
The public works director or his/her designee may, in writing, grant a temporary variance for existing water uses otherwise prohibited under this plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance and if one or more of the following conditions are met:
(1) 
Compliance with the plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect.
(2) 
Alternative methods can be implemented which will achieve the same level of reduction in water use.
(b) 
Persons requesting an exemption from the provisions of this article shall file a petition for variance with the city within 5 days after the plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the public works director, or his/her designee, and shall include the following:
(1) 
Name and address of the petitioner(s).
(2) 
Purpose of water use.
(3) 
Specific provision(s) of the plan from which the petitioner is requesting relief.
(4) 
Detailed statement as to how the specific provision of the plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if the petitioner complies with this article.
(5) 
Description of the relief requested.
(6) 
Period of time for which the variance is sought.
(7) 
Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of the plan and the compliance date.
(8) 
Other pertinent information.
(c) 
Variances granted by the city shall be subject to the following conditions, unless waived or modified by the public works director or his/her designee:
(1) 
Variances granted shall include a timetable for compliance.
(2) 
Variances granted shall expire when the plan is no longer in effect, unless the petitioner has failed to meet specified requirements.
(d) 
No variance shall be retroactive or otherwise justify any violation of this plan occurring prior to the issuance of the variance.
(Ordinance 2000-0821, exh. A, sec. XII, adopted 8/21/00)