At any time that the Council finds and determines that a water shortage emergency condition exists within the criteria of Sections 13.24.020 through 13.24.050, and that it is necessary to limit usage by the customers, the Council shall adopt a resolution setting forth the applicable regulatory phase. As soon as is practicable after adoption of such resolution, the Town Clerk shall cause to be published at least once, in a newspaper of general circulation circulated in the Town, a notice declaring the establishment of such regulatory phase. Such notice shall set forth the limitations of water use applicable to the particular phase being established and shall further declare that violations of such limitations are punishable in accordance with the provisions of Sections 13.24.080 and 13.24.090. The establishment of a particular phase shall be effective at the time declared in the resolution.
(Ord. 284-98; Ord. 318-01)
A. 
The criteria for establishing Phase I shall be that:
1. 
The water available from all sources is projected to be less than 120% of the projected demand as determined by the Town Engineer; or
2. 
Conditions requiring the establishment of a Phase II water emergency appear to be imminent.
B. 
The following voluntary conservation measures by customers shall be encouraged and publicized by the Town:
1. 
All customers are encouraged to reduce their monthly water consumption by a minimum of 10% from their customary monthly consumption.
2. 
All customers are encouraged to immediately install water saving devices in their plumbing, appliances, or improvements.
3. 
All customers are encouraged to limit the expansion or installation of new water-using appliances, plumbing or improvements, such as lawns, gardens, landscaping, pools, sprinkler irrigation systems, wash-down equipment, larger washing machines or garbage disposal units.
4. 
Customers are encouraged to only wash cars, other vehicles, and other hard surfaces from buckets, with a quick rinse from a hose equipped with a shutoff nozzle.
5. 
The installation of any required landscaping may be deferred with the appropriate deferral agreement.
6. 
All persons are encouraged to place an increased emphasis on fire protection.
7. 
All schools, churches, and social and professional groups are encouraged to discuss water conservation as a regular agenda item and to forward worthwhile suggestions to the Town Planning Department for consideration and implementation.
8. 
All public facilities are encouraged to establish the following irrigation program: hand watering where appropriate for plants and shrubs; use of shutoff nozzles on hoses used for hand watering; maintenance watering of lawns and fields; 40 minutes per week maximum water for lawns and fields; night watering of fields; and lawns to be watered between 7:00 p.m. and 10:00 a.m.
9. 
All people in the Town who are wasting water will be notified by the Town that wasting water is prohibited by Chapters 13.20 and 13.24, and is a sufficient reason for the Town to discontinue service to the customer's premises.
C. 
During a Phase I water emergency the following administrative practices will be followed:
1. 
The Town will bill customers on a monthly basis for water used.
2. 
Based on the amount of water used, customers will be notified if their water usage during the billing period exceeded the amount they would be allowed under a Phase II water emergency.
3. 
The Town will advise customers of the water shortage and of the restrictions and opportunities for exemptions that are available under Section 13.24.070.
4. 
Any applicant for a building permit for construction that may be affected by the existence of a Phase III or Phase IV water emergency shall be informed of the impact of these phases prior to issuance of a building permit, but lack of such notice shall not permit a new water connection that is otherwise prohibited.
D. 
The Town shall consider development of a water shortage disaster plan, which shall include provisions for:
1. 
Emergency water stations;
2. 
Acquisition of private property under the right of eminent domain, with immediate possession to alleviate the emergency; and
3. 
Application for relief assistance from County, State, and Federal sources.
(Ord. 284-98; Ord. 318-01)
A. 
The criteria for establishing Phase II shall be:
1. 
The water available from all sources is projected to be no more than 100% of the projected demand as determined by the Town Engineer; or
2. 
Conditions requiring the establishment of a Phase III water emergency appear to be imminent.
B. 
The following conservation measures by water customers shall be enforced by the Town:
1. 
The voluntary conservation measures in Section 13.24.020(B) shall be encouraged by the Town.
2. 
Commercial and industrial users shall reduce their water use by 15% of their use during the corresponding period of the preceding nonrationed year, provided that no commercial or industrial user will be required to reduce usage to less than 100 gallons per day. Users with no prior record of use shall be governed by comparable facilities' usage records as determined by the Town.
3. 
Residential users shall be encouraged to reduce their water use by 15%. In no event shall residential users exceed the following gallons per day per meter:
a. 
Residential meter serving one unit: 450;
b. 
Residential meter serving two units: 700;
c. 
Master meter serving more than two units, no separate irrigation meter: 250 per occupied unit plus an irrigation allotment totaling 40 gallons per day for each 1,000 square feet of landscaping.
d. 
Master meter serving more than two units, with separate irrigation meter: 250 per occupied unit.
4. 
For a lawn, landscaping, vineyard or field watered or irrigated through a meter dedicated to that use, usage shall be limited to 40 gallons per day for each 1,000 square feet of such lawn, landscaping, vineyard, or field.
5. 
All watering or irrigation of lawns, landscaping, vineyards, and fields shall be prohibited between the hours of 10:00 a.m. and 7:00 p.m.
6. 
Even numbered addresses shall water lawns, landscaping, vineyards, and fields only on Tuesday, Thursday and Saturday, and odd numbered addresses shall water lawns, landscaping, vineyards, and fields only on Wednesday, Friday, and Sunday. Watering or irrigation shall not be permitted on Mondays.
7. 
The Town shall give notice to any customer that has a terminable service contract with the Town that such contract will be terminated upon implementation of Phase III by the Council.
C. 
The Council shall form a Water Advisory Board consisting of one councilmember, one member from the commercial community, and three residents. The Town Engineer shall be an ex-officio member of this board. This Board will disband when the water emergency is no longer in effect.
(Ord. 284-98; Ord. 318-01)
A. 
The criteria for establishing Phase III shall be:
1. 
The water available from all sources is projected to be no more than 90% of the projected demand as determined by the Town Engineer; or
2. 
Conditions requiring the establishment of a Phase IV water emergency appear to be imminent.
B. 
The following conservation measures by customers of the enterprise shall be enforced by the Town:
1. 
The voluntary conservation measures in Section 13.24.020(B) shall be encouraged by the Town.
2. 
The mandatory conservation measures in Section 13.24.030(B) shall be enforced by the Town.
3. 
Commercial and industrial users shall reduce their water use by 25% of their use during the corresponding period of the preceding nonrationed year, provided that no commercial or industrial user will be required to reduce usage to less than 75 gallons per day. Users with no prior record of use shall be governed by comparable facilities' usage records as determined by the enterprise.
4. 
Residential users shall be encouraged to reduce their water use by 25%. In no event shall residential users exceed the following gallons per day per meter:
a. 
Residential meter serving one unit: 300;
b. 
Residential meter serving two units: 500;
c. 
Master meter serving more than two units, no separate irrigation meter: 200 per occupied unit plus an irrigation allotment totaling 20 gallons per day for each 1,000 square feet of landscaping.
d. 
Master meter serving more than two units, with separate irrigation meter: 200 per occupied unit.
5. 
For a lawn, landscaping, vineyard, or field watered or irrigated through a meter dedicated to that use, usage shall be limited to 20 gallons per day for each 1,000 square feet of such lawn, landscaping, vineyard, or field.
6. 
No new water connections or expansions of existing uses will be permitted.
a. 
A "new water connection" is defined as a water connection for the benefit of any user or use of water, whether industrial, commercial, residential, institutional, or otherwise, who or which was not currently receiving water from the Town at the time Phase III conditions were established.
b. 
A user whose water was temporarily disconnected at the establishment of Phase III shall not be deemed a "new water connection."
c. 
All new construction not actually receiving water for other than construction uses at the time of establishment of Phase III shall be deemed a "new water connection," notwithstanding the fact that such new construction may have received all permits and consents required of it by any governmental agency, including the Town, and notwithstanding the fact that the applicable fees for water connection may have been prepaid by the applicant.
C. 
The Town shall prepare for implementation of the water shortage disaster plan.
(Ord. 284-98; Ord. 318-01)
A. 
The criteria for establishing Phase IV shall be:
1. 
The water available from all sources is projected to be no more than 80% or less of the projected demand as determined by the Town Engineer; or
2. 
The sources of water storage, supply, production and replenishment appear to be insufficient to furnish the necessary water to service the minimum requirements of the Town's customers, thereby constituting an immediate hazard to the safety and welfare of the Town, its residents, and its customers.
B. 
The following conservation measures by customers of the enterprise shall be enforced by the Town:
1. 
The voluntary and mandatory conservation measures in Sections 13.24.020, 13.24.030 and 13.24.040 shall be enforced by the Town, except insofar as they are inconsistent with this section.
2. 
Wasteful usage of water shall constitute a public hazard to which Chapter 13.32, Interruption of Service, shall apply.
3. 
Commercial and industrial users shall reduce their water use by 35% of their use during the corresponding period of the preceding nonrationed year, provided that no commercial or industrial user will be required to reduce usage to less than 50 gallons per day. Users with no prior record of use shall be governed by comparable facilities' usage records as determined by the enterprise.
4. 
Residential users shall be limited to 200 gallons per occupied residential unit per day.
5. 
All nonessential uses of water shall be prohibited. Nonessential uses shall include, but not be limited to, the following:
a. 
The washing of sidewalks, walkways, driveways, parking lots, tennis courts, and all other hard surfaced areas by hosing or by use of water directly from faucets or other outlets, except that such areas may be washed with water contained in a bucket or container not exceeding three-gallon capacity;
b. 
The washing of motor vehicles, trailers, airplanes, or boats by hosing or by use of water directly from faucets or other outlets, except that motor vehicles, trailers, airplanes, and boats may be washed with water contained in a bucket or container not exceeding three-gallon capacity;
c. 
The use of water for watering or irrigation purposes;
d. 
The refilling of swimming pools, hot tubs and spas, except as required by the Fire Chief for use as standby neighborhood fire protection. (The Fire Chief shall file with the Town a list of such pools that he or she determines need to be kept full.)
6. 
The Town shall terminate all nonessential water service contracts that are terminable.
(Ord. 284-98; Ord. 318-01)
A. 
Under a Phase I, Phase II, or Phase III water emergency, the Town Engineer may, upon the imposition of reasonable conditions, grant exception permits up to a maximum of 500 gallons per day, in addition to any basic allocation, on application of a customer submitted under penalty of perjury, based on the following:
1. 
For each full-time resident of a dwelling exceeding four residents, the quantity of 50 gallons per day.
2. 
For residential property exceeding 7000 square feet in area, the quantity of 20 gallons per day for each additional 1000 square feet of property area in excess of 7000 square feet. For purposes of this subdivision, multiple parcels maintained and fully landscaped as one property may be computed as being one parcel. The exception granted herein shall allow the use of no more than an additional 250 gallons per day for this purpose.
3. 
For each swimming pool, the quantity of 25 gallons per day.
4. 
For medical conditions of a resident, a quantity as required to maintain health standards.
B. 
The Water Advisory Board shall meet at least monthly and may grant permits for uses of water or for exceptions to water conservation measures or for water connections otherwise prohibited by Sections 13.24.030, 13.24.040 and 13.24.050 if it finds and determines that such regulations would:
1. 
Cause an unnecessary and undue hardship to the applicant or to the public; or
2. 
Cause an emergency condition affecting the health, sanitation, fire protection, or safety of the applicant or public; or
3. 
Promote water conservation by providing for the establishment of water efficient landscaping by replacing more water-intensive landscaping.
C. 
The Water Advisory Board shall prescribe necessary procedures for the application for and use of exception permits.
D. 
Any decision of the Town Engineer in granting or denying exceptions may be appealed by the applicant or any other person to the Water Advisory Board by filing a written appeal with the Town Clerk within five days after the date of mailing of written notice to the applicant of the decision rendered. The Water Advisory Board shall attempt to hear such appeal within 20 days, and shall affirm, reverse, or modify such decision.
E. 
Any decision of the Water Advisory Board may be appealed by the applicant to the Council according to the provisions of Chapter 1.30 of this code.
(Ord. 284-98; Ord. 318-01)
A. 
A violation of any provision of this chapter shall be subject to administrative enforcement under Chapter 8.05 of this code in addition to any other enforcement remedies available under law and this code.
B. 
A violation of any provision of this chapter shall constitute a public nuisance which may be abated and/or enjoined pursuant to law and this code.
C. 
After providing at least 15 days' notice thereof, the Town may install a flow restricting device on the meter of any customer whose use violates the provisions of this chapter to ensure compliance with this chapter. The customer shall pay the Town's actual costs related to the purchase, installation, monitoring, and removal of the device, which shall be established by resolution of the Town Council and may be included on the bill issued pursuant to Section 13.40.010.
(Ord. 284-98; Ord. 318-01; Ord. 21-500; Ord. 22-505)
Any customer receiving a second or subsequent violation notice shall be entitled to file an appeal with the Council according to the provisions of Chapter 1.30 of this code. The following shall apply in the case of such an appeal:
A. 
An appeal filed prior to its installation shall automatically stay installation of a flow restricting device or shut off on the customer's water service until the decision is final.
B. 
The customer's appeal shall not stay the imposition of a fee. If it is determined that a fee is wrongly assessed, the Town will refund any fee paid by the customer.
(Ord. 284-98; Ord. 318-01)
Notwithstanding any provision of this code to the contrary, the provisions of California Water Code Section 377 shall be applicable to any violation of this chapter. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor.
(Ord. 284-98; Ord. 318-01)