The purpose of this chapter is to establish a water conservation
and supply shortage program that will reduce water consumption within
the City of Claremont through conservation, assist in effective water
supply planning, assure reasonable and beneficial use of water, prevent
waste of water, and maximize the efficient use of water within the
City to avoid and minimize the effect and hardship of water shortages
to the greatest extent possible.
This chapter establishes water conservation restrictions intended
to alter behavior related to water use efficiency at all times and
further establishes three levels of water supply shortage response
actions to be implemented during times of declared water shortage
or declared water shortage emergency, with increasing restrictions
on water use in response to worsening drought or emergency conditions
and decreasing supplies.
(09-10)
The following definitions shall apply to this chapter:
means an irrigation system with pipes, hoses, spray heads,
or sprinkling devices that are operated by hand or through an automated
system.
means a lawn, landscape, or other vegetated area, or combination
thereof, equal to more than one acre of irrigable land.
means any plant material.
means any agency or privately-owned company that provides
water to residents, businesses and other water users in the City of
Claremont.
means any natural person or persons, corporation, public
or private entity, governmental agency or institution, or any other
user of water in the City of Claremont.
means water which is suitable for drinking.
means the reclamation and reuse of non-potable water for
beneficial use as defined in Title 22 of the California Code of Regulations.
means equipment where water is circulated only once to cool
equipment before being disposed.
(09-10)
A.
The
provisions of this chapter apply to any person in the use of any potable
water in the City.
B.
The
provisions of this chapter do not apply to uses of water necessary
to protect public heath and safety or for essential governmental services,
such as police, fire and other similar emergency services.
C.
The provisions of this chapter do not apply to the use of recycled water, with the exception of Section 8.30.040(A).
D.
The
provisions of this chapter do not apply to the use of water by commercial
nurseries and commercial growers to sustain plants, trees, shrubs,
crops or other vegetation intended for commercial sale.
E.
This
chapter is intended solely to further the conservation of water. It
is not intended to implement any provision of federal, state, or local
statutes, ordinances, or regulations relating to protection of water
quality or control of drainage or runoff.
F.
Where
any provision of the Claremont Municipal Code is in conflict with
this chapter, the provision of this chapter shall take precedence.
(09-10)
The following water conservation requirements are effective at all times. Any person who violates this section shall be subject to the penalties for violation as set forth in Section 8.30.100 of this Code.
A.
Limits on water hours. Outdoor watering or irrigating of lawn,
landscape or any other vegetated area with potable water is prohibited
between the hours of 9:00 a.m. and 5:00 p.m. Pacific Standard Time
(PST) on any day, except by use of a hand-held bucket or similar container,
a hand-held hose equipped with a positive self-closing water shut-off
nozzle or device, or for very short periods of time for the express
purpose of adjusting ore repairing an irrigation system. This subsection
does not apply to landscape irrigation systems that exclusively use
very low-flow drip type irrigation systems when no emitter produces
more than two gallons of water per hour.
B.
Limit on watering duration. Watering or irrigating of lawn,
landscape or other vegetated area with potable water using a landscape
irrigation system or a watering device that is not continuously attended
is limited to no more than 15 minutes watering per day per station.
This subsection does not apply to landscape irrigation systems that
exclusively use very low-flow drip type irrigation systems when no
emitter produces more than two gallons of water per hour and weather
based controllers or stream rotor sprinklers that meet a 70% efficiency
standard.
C.
No excessive water flow or runoff. Watering or irrigating
of any lawn, landscape or other vegetated area in a manner that causes
or allows excessive water flow or runoff onto an adjoining sidewalk,
driveway, street, alley, gutter or ditch is prohibited.
D.
No washing down hard or paved surfaces. Washing down hard
or paved surfaces, including but not limited to sidewalks, walkways,
driveways, parking areas, tennis courts, patios or alleys is prohibited,
except when necessary to alleviate safety or sanitary hazards, and
then only by use of a hand-held bucket or similar container, a hand-held
hose equipped with a positive self-closing water shut-off device,
a low-volume, high-pressure cleaning machine equipped to recycle any
water used, or a low-volume highpressure water broom.
E.
Obligation to fix leaks, breaks or malfunctions. Excessive
use, loss or escape of water through breaks, leaks or other malfunctions
in the water user's plumbing or distribution system for any period
of time after such escape of water should have reasonably been discovered
and corrected and in no event more than five business days of the
property owner receiving notice from the local retail water agency
or the City of Claremont, is prohibited.
F.
Re-circulating water required for water fountains and decorative
water features. Operating a water fountain or other decorative
water feature that does not use re-circulated water is prohibited.
G.
Limits on washing vehicles. Using water to wash or clean a
vehicle, including but not limited to any automobile, truck, van,
bus, motorcycle, boat or trailer, whether motorized or not is prohibited,
except by use of a hand-held bucket or similar container or a hand-held
hose equipped with a positive self-closing water shut-off nozzle or
device. This subsection does not apply to any commercial car washing
facility.
H.
Drinking water served upon request only. Eating or drinking
establishments, including but not limited to a restaurant, hotel,
café, cafeteria, bar, or other public place where food or drinks
are sold, served, or offered for sale, are prohibited from providing
drinking water to any person unless expressly requested.
I.
Commercial lodging establishments must provide guests option to decline
daily linen services. Hotels, motels, and other commercial
lodging establishments must provide customers the option of not having
towels and linen laundered daily. Commercial lodging establishments
must prominently display notice of this option in each bathroom using
clear and easily understood language.
J.
No installation of single pass cooling systems. Installation
of single pass cooling systems is prohibited in buildings requesting
new water service.
K.
No installation of non-recirculating commercial car wash and laundry
systems. Installation of nonrecirculating water systems is
prohibited in new commercial conveyor car wash and new commercial
laundry systems.
L.
Restaurants required to use water conserving dish wash spray valves. Food preparation establishments, such as restaurants or cafes,
are prohibited from using non-water conserving dish wash spray valves.
(09-10)
A.
Upon
the declaration by the City Manager of a Level 1 water supply shortage
condition, the City will implement the mandatory Level 1 conservation
measures identified in this section. Following the City Manager's
declaration, he or she shall agendize before the City Council an item
for the Council to affirm the declaration.
Generally, a Level 1 water supply shortage is warranted when
a reduction in consumer demand of up to 10% is needed to respond to
existing water conditions. Conditions to be considered by the City
Manager and City Council in declaring a water supply shortage include,
but are not limited to: time of year, local rainfall totals, regional/sub-regional
water district's water supply allocation plans, groundwater use programs,
state water project allocations or anticipated allocations, local
or regional water system emergencies, or natural disasters that cause
damage to water supplies or water distribution system.
B.
Additional water conservation measures. In addition to the prohibited uses of water identified in Section 8.30.040 and subject to subsection C below, the following water conservation requirements apply during a declared Level 1 water supply shortage. Any person in violation of this subsection shall be subject to the penalties for violation as set forth in Section 8.30.100 of this Code.
1.
Limits on watering days. Watering or irrigating of lawn, landscape
or other vegetated area with potable water is limited to three days
per week on a schedule established and posted by the City of Claremont.
During the months of November and March, watering or irrigating of
lawn, landscape or other vegetated area with potable water is limited
to no more than one day per week on a schedule established and posted
by the City of Claremont. This provision does not apply to landscape
irrigation zones that exclusively use very low flow drip type irrigation
systems when no emitter produces more than two gallons of water per
hour. This provision also does not apply to watering or irrigating
by use of a hand-held bucket or similar container, a hand-held hose
equipped with a positive self-closing water shut-off nozzle or device,
or for very short periods of time for the express purpose of adjusting
or repairing an irrigation system.
2.
Obligation to fix leaks, breaks or malfunctions. All leaks,
breaks, or other malfunctions in the water user's plumbing or distribution
system must be repaired within 72 hours of notification of any property
owner by the City of Claremont or a local retail water agency unless
other arrangements are made with the City or local retail water agency.
C.
More stringent conservation measures required by a public or private
water agency. Notwithstanding subsection B above, during a declared Level 1 water supply shortage, the City Manager may, by declaration, impose more stringent water conservation requirements if necessary to comply with any drought-related mandate imposed by the State of California (including Executive Orders signed by the Governor and/or mandates of the State Water Resources Control Board), the Three Valleys Municipal Water District, the Metropolitan Water District of Southern California, the Golden State Water Company, or any other public or private entity with jurisdiction to mandate restrictions on water usage in the City of Claremont.
(09-10; 22-05)
A.
Upon
the declaration by the City Manager of a Level 2 water supply shortage
condition, the City will implement the mandatory Level 2 conservation
measures identified in this section. Following the City Manager's
declaration, he or she shall agendize before the City Council an item
for the Council to affirm the declaration. Generally, a Level 2 water
supply shortage is warranted when a reduction in consumer demand of
11% to 30% is needed to respond to existing water conditions.
B.
Additional conservation measures. In addition to the prohibited uses of water identified in Sections 8.30.040 and 8.30.050 and subject to subsection C below, the following additional water conservation requirements apply during a declared Level 2 water supply shortage.
1.
Watering days. Watering or irrigating of lawn, landscape or
other vegetated area with potable water is limited to two days per
week on a schedule established and posted by the City of Claremont.
During the months of November through March, watering or irrigating
of lawn, landscape or other vegetated area with potable water is limited
to no more than one day per week on a schedule established and posted
by the City of Claremont. This provision does not apply to landscape
irrigation zones that exclusively use very low flow drip type irrigation
systems when no emitter produces more than two gallons of water per
hour. This provision also does not apply to watering or irrigating
by use of a hand-held bucket or similar container, a hand-held hose
equipped with a positive self-closing water shut-off nozzle or device,
or for very short periods of time for the express purpose of adjusting
or repairing an irrigation system.
2.
Obligation to fix leaks, breaks or malfunctions. All leaks,
breaks, or other malfunctions in the water user's plumbing or distribution
system must be repaired within 48 hours of notification of the property
owner by the City of Claremont or the local retail water agency unless
other arrangements are made with either the City or local retail water
agency.
3.
Limits on washing vehicles. Using water to wash or clean a
vehicle, including, but not limited to, any automobile, truck, van,
bus, motorcycle, boat or trailer, whether motorized or not, is prohibited
except by use of a hand-held bucket or similar container, a hand-held
hose equipped with a positive self-closing water shut-off nozzle or
device, by high pressure/low volume wash systems, or at a commercial
car washing facility that utilizes a re-circulating water system to
capture or reuse water.
C.
More stringent conservation measures required by a public or private
water agency. Notwithstanding subsection B above, during a declared Level 2 water supply shortage, the City Manager may, by declaration, impose more stringent water conservation requirements if necessary to comply with any drought-related mandate imposed by the State of California (including Executive Orders signed by the Governor and/or mandates of the State Water Resources Control Board), the Three Valleys Municipal Water District, the Metropolitan Water District of Southern California, the Golden State Water Company, or any other public or private entity with jurisdiction to mandate restrictions on water usage in the City of Claremont.
(09-10; 15-06; 22-05)
A.
A Level
3 water supply shortage condition is also referred to as an "emergency"
condition. A Level 3 condition exists when the City Manager declares
a water shortage emergency and notifies its residents and businesses
that a significant reduction in consumer demand is necessary to maintain
sufficient water supplies for public health and safety. Upon the declaration
of a Level 3 water supply shortage condition, the City will implement
the mandatory Level 3 conservation methods identified in this section.
Following the City Manager's declaration, he or she shall agendize
before the City Council an item for the Council to affirm the declaration.
Generally, a Level 3 water supply emergency is warranted when a reduction
in consumer demand of more than 30% is needed to respond to existing
water conditions.
B.
Additional conservation measures. In addition to the prohibited uses of water identified in Sections 8.30.040, 8.30.050 and 8.30.060 and subject to subsection C below, the following water conservation requirements apply during a declared Level 3 water supply shortage emergency.
1.
No watering or irrigating. Watering or irrigating of lawn,
landscape or other vegetated area with potable water is prohibited.
This restriction does not apply to the following categories of use,
unless the City has determined that recycled water is available and
may be applied to the use:
a.
Maintenance of vegetation, including trees and shrubs, that are watered
using a hand-held bucket or similar container, hand-held hose equipped
with a positive self-closing water shut-off nozzle or device;
b.
Maintenance of existing landscape necessary for fire protection;
c.
Maintenance of existing landscape for soil erosion control;
d.
Maintenance of plant materials identified to be rare or essential
to the well-being of protected species;
e.
Maintenance of landscape within active public parks and playing fields, day care centers, golf course greens, and school grounds, provided that such irrigation does not exceed two days per week according to the schedule established in Section 8.30.060(B)(1) and time restrictions in Sections 8.30.040(A) and (B);
f.
Actively irrigated environmental mitigation projects.
2.
Obligation to fix leaks, breaks or malfunctions. All leaks,
breaks, or other malfunctions in any plumbing or water distribution
system must be repaired within 24 hours of notification of the property
owner by the City or local retail water agency unless other arrangements
are made with the City or local retail water agency.
C.
More stringent conservation measures required by a public or private
water agency. Notwithstanding subsection B above, during a declared Level 3 water supply shortage, the City Manager may, by declaration, impose more stringent water conservation requirements if necessary to comply with any drought-related mandate imposed by the State of California (including Executive Orders signed by the Governor and/or mandates of the State Water Resources Control Board), the Three Valleys Municipal Water District, the Metropolitan Water District of Southern California, the Golden State Water Company, or any other public or private entity with jurisdiction to mandate restrictions on water usage in the City of Claremont.
(09-10; 22-05)
A.
Declaration and notification of water supply shortage. The
existence of Level 1, Level 2 or Level 3 water supply shortage conditions
may be declared by the City Manager and affirmed by resolution of
the City Council adopted at a regular or special public meeting held
in accordance with State law. The mandatory conservation requirements
applicable to Level 1, Level 2 or Level 3 conditions will take effect
10 days after the date the shortage level is declared. Within five
days following the declaration of the shortage level, the City Council
must publish a copy of the resolution in a newspaper used for publication
of official notices.
B.
Declaration and notification that a water supply shortage has ended. The City Council may declare an end to a water supply shortage
situation upon recommendation from the City Manager, or designee,
by approval of a resolution at a regular or special public meeting
of the City Council.
(09-10)
A.
Undue and disproportionate hardship. If, due to unique circumstances,
a specific requirement of this chapter would result in undue hardship
to a person using water or to property upon which water is used, that
is disproportionate to the impacts to water users generally or to
similar property or classes of water users, then the person may apply
for a waiver to the requirements as provided in this section.
B.
Written finding. The waiver may be granted or conditionally
granted only upon a written finding of the existence of facts demonstrating
an undue hardship to a person using water or to property upon which
water is used, that is disproportionate to the impacts to water users
generally or to similar property or classes of water use due to specific
and unique circumstances of the user or the user's property.
1.
Application. Application for a waiver must be on a form prescribed
by the City and accompanied by a non-refundable processing fee in
an amount set by City Council resolution.
2.
Supporting documentation. The application must be accompanied
by photographs, maps, drawings, and other information, including a
written statement of the applicant.
3.
Required findings for waiver. An application for a waiver
will be denied unless the Community Development Director finds, based
on the information provided in the application, supporting documents,
or such additional information as may be requested, and on water use
information for the property as shown by the records of the local
retail water agency or its agent, all of the following:
a.
That the waiver does not constitute a grant of special privilege
inconsistent with the limitations upon other residents and businesses;
b.
That because of special circumstances applicable to the property
or its use, the strict application of this chapter would have a disproportionate
impact on the property or use that exceeds the impacts to residents
and businesses generally;
c.
That the authorizing of such waiver will not be of substantial detriment
to adjacent properties, and will not materially affect the ability
of the City Council to effectuate the purpose of this chapter and
will not be detrimental to the public interest; and
d.
That the condition or situation of the subject property or the intended
use of the property for which the waiver is sought is not common,
recurrent or general in nature.
4.
Approval authority. The City Manager, or his or her designee,
must act upon any completed application no later than 10 days after
submittal and may approve, conditionally approve, or deny the waiver.
The applicant requesting the waiver must be promptly notified in writing
of any action taken. Unless specified otherwise at the time a waiver
is approved, the waiver will apply to the subject property during
the period of the mandatory water supply shortage condition. The decision
of the City Manager, or his or her designee, will be final.
(09-10)
A.
Misdemeanor. Any violation of this chapter may be prosecuted
as a misdemeanor punishable by imprisonment in the County Jail for
not more than 30 days, or by a fine not exceeding $1,000, or by both.
B.
Penalties. Penalties for failure to comply with any provisions
of this chapter are as follows:
1.
First violation. The City may issue a written warning and
deliver a copy of this chapter by mail to a violator.
2.
Second violation. A second violation within the preceding
12 calendar months is punishable by a fine not to exceed $100.
3.
Third violation. A third violation within the preceding 12
calendar months is punishable by a fine not to exceed $250.
4.
Fourth and subsequent violations. A fourth and any subsequent
violation is punishable by a fine not to exceed $500.
C.
Separate offenses. Each day that a violation of this chapter
occurs is a separate offense.
(09-10)
