This chapter adopts regulations to deal with water shortage emergency conditions which exist within the City and the City's water service areas, as declared by resolution of this City Council. These regulations shall become effective with the effective date of the ordinance codified in this chapter. A water shortage emergency declaration shall be in effect upon proper findings made by the City Council after a public hearing and shall remain in effect until the City Council finds and declares by resolution that the water shortage emergency condition has abated, has changed in degree or no longer exists.
(Prior code § 9-730)
The City Council finds, determines, and declares that the following shall occur prior to enforcement of the provisions of this chapter:
A. 
The City Council shall conduct duly noticed public hearings for the purpose of determining whether a water shortage emergency condition exists and, if so, the degree of the emergency and what regulations and restrictions should be enforced in response to the shortage.
B. 
The City Council shall adopt a resolution which declares that a water shortage emergency condition exists, the facts and conclusions which support such a declaration and that the ordinary water demands and requirements of water consumers within the City cannot be satisfied.
C. 
The regulations set forth herein are necessary and proper to protect and conserve the water supply for human consumption, sanitation, and fire protection during the duration of the water shortage emergency condition.
D. 
The regulations set forth herein shall remain enforceable to the extent declared by the City Council and until such time as the City Council finds that the water shortage emergency no longer exists.
E. 
During the existence of a declared water shortage emergency, the provisions of this chapter shall take precedence over the provisions of the City's Water Conservation Ordinance, Stockton Municipal Code Chapter 13.28, as now enacted or hereafter amended. The provisions of the Water Conservation Ordinance shall continue in effect except where provisions of this chapter are different. Within areas of the City where water service is provided by any other water provider, the provisions of this chapter as to prohibited uses and waste shall be applicable. The Water Conservation Ordinance shall remain in effect except where more stringent requirements are set out herein.
(Prior code § 9-731)
The following terms are defined for the purposes of this chapter:
"Allocation"
means the calculated percentage of the amount of water delivered to each customer's property during the corresponding monthly billing period of the base year for which no penalty or surplus use charge shall be imposed.
"Applicant"
means a person, firm, partnership, business, corporation, district or governmental agency that requests or receives water service from the City.
"Base year"
means the calendar year of 1987 or any other period established by resolution of the City Council.
"Customer"
means any person, firm, partnership, business, corporation, district, or governmental agency that receives water from the City ("City") Water Utility.
"Director"
means the Director of the Municipal Utilities Department of the City.
"Process water"
means water used to manufacture, alter, convert, clean, grow, heat or cool a product, including water used in laundries and car wash facilities.
"Water"
means water used in or supplied by the City.
(Prior code § 9-732)
During Stage 2, 3, 4, 5 and 6 emergencies, the following wasteful uses shall be prohibited in addition to the prohibitions and limitations stated in the Water Conservation Ordinance, Stockton Municipal Code Chapter 13.28. In the event the provisions of the section are inconsistent with the Water Conservation Ordinance, this section shall prevail.
A. 
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 recycled water sources are available. In the absence of alternate water sources or reclaimed water sources, use of potable water from a hydrant may be used provided a permit for such use is approved by the Fire Department and the responsible water agency.
B. 
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.
C. 
Irrigation of exterior landscaping, turf areas, open ground, crops, trees, grass, lawn, groundcover, shrubbery, or decorative plantings between the hours of 8:00 a.m. and 6:00 p.m. except irrigation by drip or mist irrigation systems shall not be restricted as to hours.
D. 
Irrigation of exterior landscaping, turf areas, open ground, crops, trees, grass, lawn, groundcover, shrubbery, or decorative plantings in such a manner or extent that allows water to run off or escape from the premises or to be wasted.
E. 
Violation of the above stated provisions shall be unlawful and an infraction.
(Prior code § 9-733; Ord. 2022-07-12-1503 C.S. § 4)
A. 
The following classes of water use are established:
1. 
"Residential" which shall consist of water service to land improved with structures designed to serve as a residence for human habitation.
2. 
"Multiple-family residential" which shall consist of water service to land improved with structures designed to serve as a residence for more than a single-family, including apartments, condominiums, townhouses, mobilehome parks, and the like where more than one unit is served by a single meter.
3. 
"Nonresidential" which shall consist of water service to land improved with structures designed to serve for uses other than residential uses and land without structures but used for agricultural purposes. The following kinds of water use are, without limitation, designated as nonresidential: commercial, industrial, agricultural, municipal, schools, and churches.
4. 
"Process water users" which shall consist of nonresidential users which utilize water primarily to manufacture, alter, convert, clean, grow, heat, or cool a product, including laundries and vehicle wash facilities.
B. 
No customer shall use City water for permitted uses in excess of the respective allocation for each class of service within each stage of water shortage emergency.
(Prior code § 9-734)
The following stages of water shortage emergency are established. Upon declaration of the City Council that an emergency condition exists, as provided in Sections 13.32.010 and 13.32.020, the City Council shall declare the degree of emergency and identify the applicable stage and the regulations which shall be enforceable for each respective stage. During Stages 2, 3, 4, 5 and 6 additional restrictions on water use shall be enforceable as stated in Section 13.32.040.
A. 
Stage 1—Mandatory Water Conservation. Upon a finding made by the City Council that a Stage 1 water shortage emergency exists, the regulations set out in the Water Conservation Ordinance, Stockton Municipal Code Chapter 13.28, as presently enacted or amended shall be enforceable as to all water users.
B. 
Stage 2—Water Shortage Emergency. Upon declaration of the City Council that a Stage 2 water shortage emergency exists, the following regulations shall be applicable to all customers of the City's water system:
1. 
Residential Accounts. Residential accounts shall use 20 percent less than the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year. Notwithstanding this provision, no residential account shall receive an allocation of less than 600 cubic feet (6 CCF) of water per billing period.
2. 
Multiple-Family Residential Accounts. Multiple-family residences which are served by a single meter shall use 20 percent less than the total quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than 400 cubic feet (4 CCF) of water per unit served on a single meter.
3. 
Nonresidential Accounts. Nonresidential accounts shall use 20 percent less than the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year.
4. 
Process-Water User Accounts. Process-water users shall use 20 percent less than the quantity of water as recorded by meter during the corresponding billing period during the base year.
C. 
Stage 3—Water Shortage Emergency. The following regulations shall be applicable to all customers of the City's water system:
1. 
Residential Accounts. Residential accounts shall use 30 percent less than the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year. Notwithstanding this provision, no residential account shall receive an allocation of less than 600 cubic feet (6 CCF) of water per billing period.
2. 
Multiple-Family Residential Accounts. Multiple-family residences which are served by a single meter shall use 30 percent less than the total quantity of water delivered to the customer's property as recorded by the meter during the corresponding billing period during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than 400 cubic feet (4 CCF) of water per unit served on a single meter.
3. 
Nonresidential Accounts. Nonresidential accounts shall use 30 percent less than the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year.
4. 
Process-Water User Accounts. Process-water users shall use 30 percent less than the quantity of water as recorded by meter during the corresponding billing period during the base year.
D. 
Stage 4—Water Shortage Emergency. The following regulations shall be applicable to all customers of the City's water system:
1. 
Residential Accounts. Residential accounts shall use 40 percent less than the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year. Notwithstanding this provision, no residential account shall receive an allocation of less than 600 cubic feet (6 CCF) of water per billing period.
2. 
Multiple-Family Residential Accounts. Multiple-family residences which are served by a single meter shall use 40 percent less than the total quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than 400 cubic feet (4 CCF) of water per unit served on a single meter.
3. 
Nonresidential Accounts. Nonresidential accounts shall use 40 percent less than the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year.
4. 
Process-Water User Accounts. Process-water users shall use 40 percent less than the quantity of water as recorded by meter during the corresponding billing period during the base year.
E. 
Stage 5—Water Shortage Emergency. The following regulations shall be applicable to all customers of the City's water system:
1. 
Residential Accounts. Residential accounts shall use 50 percent less than the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year. Notwithstanding this provision, no residential account shall receive an allocation of less than 600 cubic feet (6 CCF) of water per billing period.
2. 
Multiple-Family Residential Accounts. Multiple-family residences which are served by a single meter shall use 50 percent less than the total quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than 400 cubic feet (4 CCF) of water per unit served on a single meter.
3. 
Nonresidential Accounts. Nonresidential accounts shall use 50 percent less than the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year.
4. 
Process-Water User Accounts. Process-water users shall use 50 percent less than the quantity of water as recorded by meter during the corresponding billing period during the base year.
F. 
Stage 6—Water Shortage Emergency. The following regulations shall be applicable to all customers of the City's water system:
1. 
Residential Accounts. Residential accounts shall use 60 percent less than the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year. Notwithstanding this provision, no residential account shall receive an allocation of less than 600 cubic feet (6 CCF) of water per billing period.
2. 
Multiple-Family Residential Accounts. Multiple-family residences which are served by a single meter shall use 60 percent less than the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than 400 cubic feet (4 CCF) of water per unit served on a single meter.
3. 
Nonresidential Accounts. Nonresidential accounts shall use 60 percent less than the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year.
4. 
Process-Water User Accounts. Process-water users shall use 60 percent less than the quantity of water as recorded by meter during the corresponding billing period during the base year.
(Prior code § 9-735; Ord. 2022-07-12-1503 C.S. § 5)
A. 
The Director shall classify each customer and calculate each customer's allocation. Each customer shall be notified of the Director's determination by mail deposited in the United States Postal Service.
B. 
Establishment of Allocations With No Customer Use History.
1. 
Residential. All residential customers with no water use history at the current property address shall be assigned an allocation for single- or multiple-family residential accounts, as determined by the Director, on the basis of usage by similarly situated customers or on such other basis as may be fair and equitable under all the circumstances.
2. 
Other Use Classifications. In order to determine water use allocations for a new nonresidential use customer, for a change in property use, or for a customer with no water use history at the current property address, an application by the customer shall be submitted to the Director designating the intended use of the property, the square footage, and number of employees. An allocation will be determined by the Director after reviewing the above factors as well as comparing water use for similar types of construction and property uses, averaging the water use and applying the appropriate percentage reduction to this amount.
(Prior code § 9-736)
A. 
All applicants for an increase in allocation must submit an application in writing to the City Department of Municipal Utilities on an application form provided by the City.
B. 
Requests for increased allocations will be reviewed by the Water Conservation Officer for recommendation to the Director for approval, modified approval, or denial. Requests for increased allocations in excess of the historical use may be recommended for approval for reasons outlined in subsection D of this section.
C. 
All residential applicants for an additional allocation based on additional persons residing at a residence shall show proof of residency for all residents at that property.
D. 
Water allocations may be adjusted by the Director upon written application where the requested adjustment is found to be reasonably necessary. Factors for consideration shall include without limitation:
1. 
Additional people residing full time at that residence.
2. 
Unusual medical needs.
3. 
Change of property use.
4. 
Where a City audit of nonresidential customer's water-using appliances and usage shows that all reasonable conservation measures are being employed and the applicant provides a conservation plan demonstrating the measures employed and compliance with the plan.
5. 
Where a nonresidential customer has demonstrated growth in business volume over the base year in providing a water-related service to the public, the allocation may be based upon 1990 annual water use.
6. 
Hospitals, health care facilities, nursing care facilities, health clinics, and similar users may be excepted from the percentage reductions providing that a water conservation plan demonstrating reductions in consumption to the maximum extent feasible without jeopardizing patient care is prepared and approved by the Director.
E. 
A decision in writing shall be mailed to the applicant within 15 days of receipt of the application.
(Prior code § 9-737)
A. 
Procedure. Any customer may appeal for reconsideration of the Director's classification of use, allocation or determination of a request for an increase in allocation on the basis of hardship or incorrect calculation. Appeals for reconsideration shall be processed as set forth below.
1. 
Any customer appealing for reconsideration of the classification or allocation shall do so in writing to the Director by either using forms provided by the City or by letter setting forth in detail the reasons for the appeal.
2. 
The appeal for reconsideration shall be reviewed by the City Department of Municipal Utilities and a site visit scheduled if required.
3. 
If an appeal for reconsideration is sustained, a condition of approval may include a requirement for the installation of water efficient plumbing fixtures and/or irrigation systems.
4. 
A staff committee or designee of the Director and the Director shall review all appeals for reconsideration and make decisions on the appeal.
5. 
If an applicant disagrees with the Director's decision, the decision may be appealed in the same procedural manner as specified in subsection A of this section to the City Manager or a designee, whose decision shall be final. If an appeal to the City Manager is requested, the customer shall be notified of a hearing date by mail. Such hearing shall be scheduled within 10 days of filing the appeal. A decision shall be forwarded to the applicant within 15 days of the date of the hearing.
B. 
Each appeal to the City Manager shall be accompanied by an appeal fee in an amount to be set by resolution of the City Council from time to time to defray the additional costs to the City.
(Prior code § 9-738)
A. 
The first billing period after the effective date of the Council's declaration of a water shortage emergency or the effective date stated in said resolution shall be considered an adjustment period during which no penalties will be imposed for water usage in excess of the allocation.
B. 
Beginning with the second billing period after the effective date and except as provided in subsection C of this section, any customer who exceeds the established allocation in any monthly billing cycle shall pay an excess use charge in addition to all other charges. The excess use charge shall be based on a rate schedule as specified from time to time by resolution of the City Council.
C. 
No excess use charge shall be imposed in the following circumstances:
1. 
Multiple-family residential customers whose consumption is 400 cubic feet (4 CCF) per unit or less during any billing period;
2. 
All other customers whose consumption is 600 cubic feet (6 CCF) or less during any billing period.
D. 
Installation of Flow Restrictor.
1. 
After the issuance of one written warning for violation of the provisions of this chapter, or for any use of water which is prohibited, the City may install a flow restricting device on the customer's water service which shall remain in place for a period of not less than 48 hours and until the customer has paid the removal charges set forth below. The device shall not be removed except by the City.
2. 
If the customer, after removal of a flow restricting device by the City, shall again violate the provisions of this ordinance or the Water Conservation Ordinance, the City may install a flow restricting device which shall remain for a period of at least two weeks and until payment for removal by the City.
3. 
Further violations, removal of or by-passing the flow restricting device may result in termination of water service. Upon a determination by the Director that service shall be terminated, written notice of intent to disconnect shall be mailed to the customer. Said notice shall be mailed to the resident and any other person or entity known to the City who is responsible for the violation or correction of the violation, including the property owner in the case of rentals. A request for hearing on the discontinuance of service shall be requested within five days of mailing the notice. A hearing before the Director shall be held within three days of expiration of the period for requesting a hearing. The Director's final decision shall be mailed to the responsible parties within three days of the hearing. If the final decision is to discontinue service, the discontinuance shall not occur less than three days after mailing of the Director's final decision.
4. 
Removal Charges. The charge for removal of a flow restricting device shall be based on a rate schedule as established from time to time by resolution of the City Council. In the case of rentals, the person or entity occupying the premises and the owner shall be jointly and severally responsible for payment of said costs.
(Prior code § 9-739)