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:
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)
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)