Unless the context requires otherwise, the following definitions shall be used in the interpretation and construction of this chapter. Words used in the present tense include the future; the singular number includes the plural and the plural the singular.
"Alternate water source"
means water from sloughs, canals, streams, rivers or nonpotable wells which is acquired with permission from the responsible owner or agency with jurisdiction.
"Director"
means the Director of Municipal Utilities of the City.
"Person"
means any individual, firm, organization, partnership, association, trust, company, business, corporation, public entity, political entity, or any agent thereof.
"Reclaimed" and "reclaimed water"
refer to the process of reusing the soap/water solution and to that portion of the soap/water solution which is recaptured, processed, and reused at a non-self service commercial car wash facility.
"Recycled water"
means water from the City of Stockton Regional Wastewater Control Facility supplied from designated hydrants under permit from the State Regional Water Quality Control Board.
"Waste"
means any inefficient or unreasonable use of or unreasonable method of use of water.
"Water"
means any water used in the City.
(Prior code § 9-710)
The provisions of this chapter shall apply to all persons using water in the City regardless of whether any person using water shall have a contract for water service with the City. Notwithstanding other provisions of this code inconsistent with the chapter, the provisions of this chapter shall supersede and prevail until termination of this chapter, except during a declared water shortage emergency, Stage 2, 3, 4, 5 or 6, in which event the provisions of Chapter 13.32 shall prevail.
(Prior code § 9-711; Ord. 2022-07-12-1503 C.S. § 2)
A. 
It is unlawful for any person to use, permit or allow the use of water in any of the following manners:
1. 
Hosing off sidewalks, driveways, and other hardscapes;
2. 
Washing automobiles or boats with hoses not equipped with a shut-off nozzle;
3. 
Using non-recirculated water in a fountain or other decorative water feature;
4. 
Watering lawns in a manner that causes runoff, or within 48 hours after measurable precipitation; and
5. 
Irrigating ornamental turf on public street medians.
B. 
It is unlawful during the period May 1st to November 1st of each year for any person to use, permit or allow the use of water in any of the following manners:
1. 
Any use of potable water from any fire hydrant is prohibited except by regularly constituted fire protection agencies for fire suppression purposes or by the responsible water agency, when alternate water sources or reclaimed water sources are available. In the absence of alternate water sources or recycled water sources, potable water from any fire hydrant may be used provided a permit for such use is approved by the Fire Department and the responsible water agency.
2. 
For exterior irrigation, including, but not limited to, public, private, and commercial locations, except as follows:
a. 
Irrigation shall be prohibited between the hours of 11:00 a.m. to 6:00 p.m.
b. 
To conduct exterior irrigation in such a manner or extent that allows water to run off or escape from the premises or to be wasted.
c. 
Exceptions to the above regulations:
i. 
Drip and/or mist irrigation systems.
ii. 
During the initial 21-day period of establishment for new plantings the above regulations shall not apply.
iii. 
Other uses which cannot reasonably comply with the above regulations due to the large size, normal hours of use or type of use of the area to be irrigated may be excepted upon approval by the Director of a water conservation plan which meets the goals of reduction and conservation.
3. 
To allow the escape of water through leaks, breaks, or malfunction within the water user's plumbing or distribution system for any period of time within which such break or leak should reasonably have been discovered and corrected. It shall be presumed that a period of 24 hours after the water user discovers such break, leak, or malfunction, or receives notice from the City, any water provider or enforcement authority of such condition, whichever occurs first, is a reasonable time within which to correct such condition or to make arrangements for correction.
4. 
The operation of any non-self service commercial car wash unless the soap/water solution for such use is reclaimed. If a reclaimed water system cannot be installed, the car wash operator shall submit a plan satisfactory to the Director to modify operation of the facility to reduce its usage of water by at least 20 percent of its usage during the same month of the prior year for comparable business volume. If there is no history of prior use, the operator shall provide to the Director data comparable to such history to establish its base monthly usage.
5. 
Restaurants shall serve water to customers only upon request.
6. 
Use of water for cleaning building or mobilehome exteriors shall be prohibited except as follows:
a. 
With the use of a bucket and sponge; or
b. 
For the preparation of such exterior surfaces for the purpose of repair or repainting with the use of a pressurized washing device equipped with a quick acting positive shut off.
7. 
Use of potable water for dust control purposes except for public health or safety purposes. Reclaimed, recycled or other nonpotable water may be used for such purposes so long as such water is not wasted.
8. 
The indiscriminate running of water or washing with water not otherwise prohibited above which is wasteful and without reasonable purpose.
9. 
Exception. The above regulations shall not apply to users or uses when the source of water is other than:
a. 
A public water system as defined in California Code of Regulations Section 64555(a)(23); or
b. 
A groundwater aquifer used by a public water system.
C. 
The draining and/or refilling of all existing swimming pools, whether public, private or commercial, shall be prohibited between June 1st and October 1st except for protection of public health and safety.
(Prior code § 9-712; Ord. 2017-08-22-1403 C.S. § 2)
Notwithstanding any other provision of this code, exterior irrigation shall be limited as follows:
A. 
For landscape irrigation, the following schedule shall be enforced to promote water conservation:
1. 
For even numbered addresses, exterior irrigation is permitted only on Wednesday and Sunday.
2. 
For odd numbered addresses, exterior irrigation is permitted only on Tuesday and Saturday.
3. 
For parcels that do not have a street address, exterior irrigation is permitted only on Wednesday and Sunday.
4. 
No exterior irrigation is permitted on Monday, Thursday, or Friday.
5. 
Exterior irrigation shall be prohibited between the hours of 8:00 a.m. to 6:00 p.m.
B. 
To prevent the unreasonable use of water and to promote water conservation, the use of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial, and institutional sites. The use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need. Non-functional turf means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. Non-functional turf does not include sports fields and turf that is regularly used for human recreational purposes or for civic or community events.
(Ord. 2022-07-12-1503 C.S. § 3)
During the period of November 1st through April 30th, it is unlawful for any person to use, permit, or allow the use of water as set out in Section 13.28.030 except that no restriction as to the hours of irrigation shall be imposed.
(Prior code § 9-712.1)
A. 
Whenever the City becomes aware of a person violating, causing or permitting a violation of the provisions of this chapter, a written notice stating the nature of the violation shall be delivered to the person at the premises by personal service or by first class mail and by posting in a conspicuous location at said premises. A copy of the notice shall be mailed to the person who is regularly billed for use of water at said premises.
B. 
All notices provided for by this section may be served as an addendum to the regular water service bill. All such notices may be given to any other person known to the City who is responsible for the violation or the correction thereof.
C. 
The notice shall describe the nature of the violation and order that said violation be corrected, cured or abated immediately or within such specified period as the City believes is reasonable under the circumstances.
D. 
Upon occurrence of a second violation or failure to immediately correct, cure or abate a violation, a second notice shall be served, as provided above, ordering the immediate correction, cure or abatement of the violation and imposing a surcharge of $100.00 per day for each day the violation continues. The surcharge may be added to the next regular billing for water service.
(Prior code § 9-713)
Upon a determination by the Director that a person has consumed water in violation of any of the provisions of this chapter, the Director may issue an order to cease and desist from such violation, and further order such person to comply forthwith with such provisions or otherwise to take appropriate remedial or preventive action. If, after the issuance of a cease and desist order, such person continues to consume or use, or again consumes or uses water in violation of any such provisions, the Director may, subject to the provisions for notification and hearing hereafter set forth, discontinue water service to the premises of such person.
(Prior code § 9-714)
Prior to the discontinuance of water service to any premises, the Director shall give written notice of intention to discontinue such service, and of hearing to be held by the Director upon the question of termination, not less than 10 days prior to such hearing. A person determined to be in violation of the provisions of this chapter, the owner of the premises (if not such person), and such other persons as the Director may deem appropriate, shall be heard at the hearing on the question of termination. If, upon completion of the hearing, the Director finds that no violation has occurred, the Director shall order that the service shall not be terminated. If, upon completion of the hearing, the Director determines that such violation has occurred, or is occurring, the Director may order the water service to be terminated, or may order that service be terminated within a specified period of time unless such violation or the conditions or activities causing such violations cease forthwith or within a specified period of time, or the Director may make such other order as deemed appropriate under the circumstances and in furtherance of the purposes and intent of this chapter.
(Prior code § 9-714.1)
Any person aggrieved by a determination, order, or directive of the Director made pursuant to the provisions of Sections 13.28.060 and 13.28.070 may appeal such determination, order, or directive to the City Manager. Written notification of such appeal shall be filed with the City Clerk within 10 days after notification of the determination, order, or directive of the Director, and shall set forth in detail the facts and reasons supporting the appeal. Hearing on the appeal shall be held by the City Manager or the designee within 10 days from the date of filing the notice of appeal. The appellant, the Director, and such other persons as the City Manager or the City Manager's designee may deem appropriate, shall be heard at the hearing on appeal. Upon conclusion of hearing the appeal, the City Manager or the designee may affirm, reverse or modify the determination, order or directive of the Director as deemed just and equitable, and in furtherance of the provisions, purposes, and intent of this chapter. During the pendency of any such appeal, the determination, order or directive of the Director shall remain in full force and effect. The City Manager's or the designee's action on the appeal shall be final.
(Prior code § 9-715)
Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Said violation shall be in addition to the surcharges and disconnection procedure established hereinabove.
(Prior code § 9-716)
The Director of Municipal Utilities is hereby authorized to and may enforce all the provisions of this chapter. For such purposes, the Director shall have the powers and discretion of a law enforcement officer. The Director, and duly delegated representatives, pursuant to the provisions of Section 836.5 of the Penal Code of the State of California, are hereby authorized to arrest a person without a warrant whenever there exists reasonable cause to believe the person has in his or her presence violated any provision of this chapter which is an infraction. Upon making such arrest, the Director or the delegated representative shall prepare a citation and release the person arrested pursuant to Section 853.6 of the Penal Code of the State of California. The provisions of Sections 836.5 and 853.6 of the Penal Code are hereby adopted by reference as part of this section.
(Prior code § 9-717)
The remedies and penalties provided for in this chapter shall be cumulative and shall be in addition to any or all other remedies available to the City.
(Prior code § 9-719)