The City Manager, as a representative of the City of Imperial Beach, hereinafter referred to as the City, upon recommendation by California-American Water Company, hereinafter referred to as the company, is authorized to determine and declare that a water shortage emergency exists in any and/or all parts of the City of Imperial Beach, and upon such determination, to promulgate such regulations, rules and conditions relative to the time of using water, the purpose or purposes for which it may be used, and such other necessary limitations as will, in the City's and the company's opinion, relieve the water shortage in any such section or sections of the City. The City Manager's decision to declare which stage is in effect shall be reviewed by the City Council.
(Ord. 817 § 1, 1990)
There is established a City Water Management Program.
(Ord. 817 § 2, 1990)
A. 
The City and the company find and determine that a water shortage could exist based upon the occurrence of one or more of the following conditions:
1. 
A general water supply shortage due to increased demand or limited supply;
2. 
Distribution or storage facilities of the San Diego County Water Authority or other agencies become inadequate; or
3. 
A major failure of the supply, storage and distribution facilities of the metropolitan water district of Southern California, the San Diego County Water Authority, the City of San Diego, or the company, occurs.
B. 
It is declared that, because of the conditions prevailing in the City, the general health, welfare and safety requires that the City maximize the beneficial use of its available water resources to the extent to which they are capable, and that the waste or unreasonable use, or unreasonable method of use of water be prevented and the conservation of such water is to be extended with a view to the reasonable and beneficial use thereof in the interests of the people of the City.
(Ord. 817 § 3, 1990)
The City Manager, or designee, upon the recommendation of the company, and following public notice, is authorized and directed to implement the applicable provisions of this chapter upon the determination that such implementation is necessary to protect the public welfare and safety under the following conditions:
A. 
In the event of an unforeseeable disaster or water emergency such as an earthquake, aqueduct break, or other major disruption in the water supply, the City Manager, or designee, in conjunction with the company, is authorized to implement the emergency provisions of this chapter as provided herein. Public notice will follow enactment of said provision.
B. 
In the event of a foreseeable water emergency such as extended drought conditions, the City Manager, or designee, in conjunction with the company, may be authorized to implement the applicable provisions of this chapter as provided herein.
(Ord. 817 § 4, 1990)
The provisions of this chapter shall apply to all persons, customers and property served by the company within the boundaries of the City.
(Ord. 817 § 5, 1990)
No customer of the company shall knowingly make, cause, use or permit the use of water for residential, commercial, industrial, agricultural, governmental or other purpose in a manner contrary to any provision of this chapter, or in an amount in excess of that use permitted by the following conservation stages which are in effect pursuant to action taken by the City Manager, or designee, in conjunction with the company, in accordance with the provisions of this chapter. At no time shall water be wasted or used unreasonably. The following stages shall take effect upon declaration as herein provided:
A. 
Stage 1. Voluntary Compliance—Water Watch. Stage 1 applies during periods when the possibility exists that the company will not be able to meet all of the water demands of its customers. All elements of Stage 2 shall, during Stage 1, apply on a voluntary basis only.
B. 
Stage 2. Mandatory Compliance—Water Alert. Stage 2 applies during periods when the probability exists that the company will not be able to meet all of the water demands of its customers. The following restrictions shall apply except when reclaimed water is used:
1. 
Irrigation utilizing individual sprinklers or sprinkler systems for lawns, gardens, landscaped areas, trees, shrubs or other plants is permitted only during designated irrigation hours. Irrigation of lawns, gardens, landscaped areas, trees, shrubs or other plants is permitted at any time if:
a. 
A hand-held hose equipped with a positive shutoff nozzle is used;
b. 
A hand-held, faucet-filled bucket of five gallons or less is used; or
c. 
A drip irrigation system is used.
Exception: Commercial nurseries and similarly situated establishments are exempt from Stage 2 irrigation restrictions but will be required to curtail all nonessential water use.
2. 
The washing of automobiles, trucks, trailers, boats, airplanes and other types of mobile equipment is permitted at any time. Such washing shall be done with a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rinses.
3. 
The filling, refilling or adding of water to swimming pools, wading pools, spas, artificial lakes, or fountains is permitted only during designated hours.
Exception: Commercial and public facilities may add water at any time, but will be required to curtail all nonessential usage.
4. 
The use of water for irrigation of golf courses, parks, school grounds and recreational fields is permitted only during designated hours, except golf course greens.
5. 
Use of water from fire hydrants shall be limited to firefighting, related activities or other activities necessary to maintain the health, safety and welfare of the public.
6. 
All restaurants are prohibited from serving water to their customers except when specifically requested by the customer.
7. 
Water shall not be used to wash down sidewalks, driveways, parking areas, tennis courts, patios or other paved areas, except to alleviate immediate fire or sanitation hazards.
C. 
Stage 3. Mandatory Compliance—Water Warning. Stage 3 applies during periods when the company will not be able to meet all of the water demands of its customers. Upon recommendation by the company, the City Manager shall, upon public notice, implement the following restrictions, except where reclaimed water is used:
1. 
Lawn watering and landscape irrigation shall be permitted only during designated hours on designated irrigation days. A designated irrigation day is determined by the last digit in the street address. Properties with addresses ending in an even number may use water on even numbered days and addresses ending in an odd number may use water on odd numbered days. The 31st day of any month is a non-irrigation day.
2. 
Commercial nurseries shall use water only during designated hours. The watering of propagation beds is permitted at any time.
3. 
The washing of automobiles, trucks, trailers, boats, airplanes and other types of mobile equipment is prohibited. Washing is permitted at any time on the immediate premises of a commercial car wash. The use of water by all types of commercial car washes not using partially reclaimed or recycled water shall be reduced in volume by 20%. Further, such washings are exempted from these regulations where the health, safety and welfare of the public is contingent upon frequent vehicle cleanings, such as garbage trucks and vehicles to transport food and perishables.
4. 
The filling, refilling or adding of water to swimming pools, wading pools, spas, or artificial lakes, is permitted only on designated days during designated hours.
5. 
The watering of all golf courses, parks, school grounds and recreational fields, except greens, is permitted only during designated hours.
6. 
Use of water from fire hydrants shall be limited to firefighting or other activities immediately necessary to maintaining the health, safety and welfare of the public.
7. 
All restaurants are prohibited from serving water to their customers except when specifically requested by the customer.
8. 
Water shall not be used to wash down sidewalks, driveways, parking areas, tennis courts, patios or other paved areas, except to alleviate immediate fire or sanitation hazards.
9. 
The operation of any ornamental fountain or similar structure is prohibited.
10. 
New construction meters and permits requiring construction water will not be issued.
D. 
Stage 4. Mandatory Compliance—Water Emergency. Stage 4 applies when a major failure of any supply or distribution facility, whether temporary or permanent, occurs in the water distribution system of the State Water Project, metropolitan water district, San Diego County Water Authority, City of San Diego, or the company. Upon recommendation by the company, and implementation by the City Manager and publication of notice, the following restrictions shall apply, except where reclaimed water is used:
1. 
All outdoor irrigation of vegetation is prohibited, with the exception of plant materials classified to be rare, exceptionally valuable or essential to the well-being of rare animals.
2. 
The use of water at commercial nurseries and similarly situated establishments is to be reduced in volume by 50%.
3. 
The washing of automobiles, trucks, trailers, boats, airplanes and other types of mobile equipment is prohibited. The use of water by all types of commercial car washes or commercial vehicles service stations and not in the immediate interest of the public health, safety and welfare shall be reduced in volume by 50%. Further, such washings are exempted from these regulations where the health, safety and welfare of the public is contingent upon frequent vehicle cleanings, such as garbage trucks and vehicles to transport food and perishables.
4. 
The filling, refilling or adding of water to swimming pools, wading pools, spas or artificial lakes is prohibited.
5. 
Watering of all golf course areas, except greens, is prohibited. Watering of parks, school grounds and recreation fields is prohibited with the exception of plant materials classified to be rare, exceptionally valuable, or essential to the well-being of rare animals.
6. 
Use of water from fire hydrants shall be limited to firefighting or other activities immediately necessary to maintain the health, safety and welfare of the public.
7. 
All restaurants are prohibited from serving water to their customers except when specifically requested by the customers.
8. 
Water shall not be used to wash down sidewalks, driveways, parking areas, tennis courts, patios or other paved areas, except to alleviate immediate fire or sanitation hazards.
9. 
The operation of any ornamental fountain or similar structure is prohibited.
10. 
New construction meters or permits for unmetered service will not be issued. Construction water shall not be used for earth work or road construction purposes.
(Ord. 817 § 6, 1990)
The company shall monitor the projected supply and demand for water, by its customers, on a daily basis during periods of emergency or drought and shall recommend to the City Manager the extent of the conservation required through the implementation and/or termination of particular conservation stages to prudently plan and supply water to its customers. Thereafter, the City Manager may order the implementation or termination of the appropriate phase of water conservation in accordance with the applicable provisions of this chapter. The declaration of any stage beyond Stage 1 shall be made by public announcement and shall be published a minimum of one time for three consecutive days in a daily newspaper of general circulation. The stage designated shall become effective immediately upon announcement.
(Ord. 817 § 7, 1990)
Violation by any person, corporation or association of the provisions of this chapter shall constitute an offense, and upon conviction, shall be punished by a fine not to exceed that established for municipal code violations. In addition to any other remedies which the City and the company may have for the enforcement of this chapter, service of water may be discontinued or appropriately limited to any customer who wilfully uses water in violation of any provision of this chapter.
(Ord. 817 § 8, 1990)