This chapter is adopted in accordance with Article XI, Section
7 of the California Constitution and Water Code Section 375 for the
purpose of adopting water conservation regulations.
(Ord. 2214 § 1, 2021)
To the extent that any regulation in this chapter conflicts with that of Chapter 14.08, the more restrictive regulation favoring water conservation takes precedence. The director, in consultation with the city attorney, may make a written determination regarding any such potential conflict and enforce the more restrictive regulation.
(Ord. 2214 § 1, 2021)
(a)
It is unlawful for any person to violate, or fail to comply with,
any provision of this chapter. Unless otherwise provided, violations
of this chapter constitute an infraction.
(b)
Every person violating this chapter is guilty of a separate offense
for every day during any portion of which any violation of any provision
of this chapter is committed, continued, or permitted by such person.
(c)
In addition to these penalties, any condition caused or permitted
to exist in violation of any of the provisions of this chapter is
a public nuisance and may be abated in accordance with applicable
law including, without limitation, this code.
(Ord. 2214 § 1, 2021)
(a)
Each infraction is punishable as follows:
(1)
A fine not exceeding one hundred dollars for the first violation;
(2)
A fine not exceeding two hundred dollars for a second violation of
the same provision within one year;
(3)
A fine not exceeding five hundred dollars for each additional violation
of the same provision within one year of the first violation.
(b)
If a person violates the same provision a fourth time within one
year of the first violation, the city attorney may, but is not required
to, prosecute the violation as a misdemeanor in accordance with applicable
law.
(c)
Following a duly noticed public hearing, the city council may, by
resolution, adopt additional penalties in accordance with applicable
law for violations of this chapter.
(Ord. 2214 § 1, 2021)
(a)
This chapter does not apply when an action is needed to address an
immediate threat to health and safety or to comply with a term or
condition in a permit issued by a state or federal agency.
(b)
A person may assert such exception as a defense for violations of
this chapter.
(Ord. 2214 § 1, 2021)
Words and phrases not defined by this chapter have the meaning
set forth in this code, the water code, or regulations promulgated
by the State Water Resources Control Board in accordance with applicable
law.
means water features that are artificially supplied with
water including, without limitation, ponds, lakes, waterfalls, and
fountains, but excluding pools and spas.
means the public works director, or designee.
(Ord. 2214 § 1, 2021)
Should the city council declare a stage four, stage five, or
stage six drought emergency in accordance with this chapter, it may
also direct the director not to accept any applications for new water
service.
(Ord. 2214 § 1, 2021)
It is unlawful for any person to allow, maintain, or permit
leaks or waste of water. When a person's interior water pipes, those
water pipes on the person's side of the water meter, leak to an extent
that water is being wasted and the customer does not repair said leaks,
the director, may, except in a drought emergency, give the customer
thirty days' notice to make such repairs to eliminate said wastage
of water. If said repairs are not completed within the thirty days'
notice, the water service to the property may be shut off. To have
water service restored after such a shutoff, it the person must furnish
proof of repairs, apply for water service to be reinstated, and pay
a reconnection fee established by city council resolution. In a drought
emergency, the director may provide less time for compliance as required
in accordance with applicable law. Persons must be provided with at
least twenty-four hours to repair.
(Ord. 2214 § 1, 2021)
(a)
Multiple Parcels. It is unlawful for water to be served to two or more parcels of property separately owned through a common service pipe, unless there is no main contiguous to said premises from which service may be had, and further unless the consumer first in order of service from the main provides a written guarantee to pay water rates for all parcels of property so served. Except in a drought emergency, the director, must give thirty days' notice in writing to all consumers served through such service before enforcing Chapter 14.08 or Chapter 14.12 by discontinuing water service in accordance with this code and Public Utilities Code Sections 10001, et seq. In a drought emergency, the director may provide less time for compliance.
(b)
Hosing Down. To, among other things, comply with the city's national
pollutant discharge elimination system ("NPDES") permit requirements,
it is unlawful for any person to hose water or wash down any sidewalk,
walkway, driveway, parking area or other paved surface, except as
is required for the benefit of public health and safety.
(c)
Lawn/Landscape Watering. To, among other things, comply with the
city's NPDES permit requirements:
(1)
It is unlawful for any person to water or cause to be watered any
lawn or landscaping between the hours of nine a.m. and five p.m. of
any one day;
(2)
It is unlawful for any person to water or cause to be watered any
lawn or landscaping more than once a day;
(3)
It is unlawful for any person to water or cause to be watered any
lawn or landscaping within forty eight hours after measurable precipitation;
(4)
It is unlawful for any person to water or cause to be watered any
lawn or landscaping to such an extent that runoff into any adjoining
street, parking lot or alley occurs due to incorrectly directed or
maintained sprinklers or excessive watering;
(5)
It is the duty of all persons to inspect all hoses, faucets and sprinkling
systems for leaks, and to cause all leaks to be repaired as soon as
is reasonably practicable.
(d)
Indoor Plumbing and Fixtures. It is the duty of all persons to inspect
all accessible indoor plumbing and faucets for leaks, and to cause
all leaks to be repaired as soon as is reasonably practicable, but
not later than seven days after receiving a notice of violation from
the director.
(e)
Washing Vehicles. It is unlawful for any person to wash any motor
vehicle, boat, trailer, or other type of mobile equipment unless such
vehicle is washed:
(f)
Running Hose Prohibited. It is unlawful for any person to leave a
water hose running while washing a vehicle or at any other time.
(g)
Public Eating Places. It is unlawful for any restaurant, hotel, cafeteria,
café, or other public place where food is sold or served to
serve drinking water to any customer unless specifically requested
to do so by such customer.
(h)
Linen Services. Commercial lodging establishments, including hotels
and motels, must offer guests the option of declining daily bed linen
and towel laundry services. Each commercial lodging establishment
must prominently display notice of this option in each room.
(i)
Decorative Fountains. It is unlawful for any person to use water
to clean, fill, or maintain levels in any decorative fountain, pond,
lake, or other similar aesthetic structure unless such water flows
through a recycling system.
(j)
It is unlawful to install non re-circulating water systems at new
commercial car washes and new commercial laundromat facilities.
(k)
Single Pass Cooling Systems. It is unlawful to install single pass
cooling systems in new commercial buildings requesting new water utility
service.
(l)
A written warning must be provided to persons upon the first violation
of this section.
(Ord. 2214 § 1, 2021)
The director must monitor and evaluate projected available water
supplies and estimated water demand of the city's users. Upon the
director determining whether through an independent evaluation or
as directed by the State Water Resources Control Board, that a drought
emergency exists, the city council must consider declaring a stage
one, stage two, stage three, stage four, stage five, or stage six
drought emergency by resolution. In addition to the general regulations,
restrictions from the previous drought emergency state will apply
to the next higher stage in addition to a more stringent restriction.
(Ord. 2214 § 1, 2021)
(a)
Declaring a stage one drought emergency demonstrates the need to
reduce the city's water demand by a maximum of ten percent.
(b)
The resolution declaring a stage one drought emergency must direct
the director, to provide public notice regarding appropriate voluntary
water use restrictions including, without limitation:
(1)
Watering outdoors for the purposes of irrigating landscape, lawns,
vegetated areas, and plant material without the use of a drip irrigation
or micro-spray system should be limited to three times per week. Residents
may water and/or irrigate landscape, lawns, vegetated areas, and plant
material on Monday, Wednesday, and Friday.
(Ord. 2214 § 1, 2021)
(a)
Declaring a stage two drought emergency demonstrates the need to
reduce the city's water demand between eleven percent and twenty percent.
(b)
The resolution declaring a stage two drought emergency must, in addition
to the general prohibitions of this chapter, direct the director,
to impose the following mandatory water use restrictions:
(1)
Watering outdoors for the purposes of irrigating landscape, lawns,
vegetated areas, and plant material without the use of a drip irrigation
or micro-spray system is limited to two times per week. Residents
may water and/or irrigate landscape, lawns, vegetated areas, and plant
material on Monday and Thursday.
(2)
Install non drip irrigation or micro-spray systems used in watering
outdoors for purposes of irrigating landscape, lawns, vegetated areas,
and plant material in new commercial and residential developments
requesting new water utility service is unlawful.
(c)
It is unlawful to use potable water to irrigate ornamental turf on
public street medians within the city's service boundaries.
(Ord. 2214 § 1, 2021)
(a)
Declaring a stage three drought emergency demonstrates the need to
reduce the city's water demand between twenty-one percent and thirty
percent.
(b)
The resolution declaring a stage three drought emergency must, in
addition to the general prohibitions of this chapter, direct the director,
to impose the following mandatory water use restrictions:
(1)
Watering outdoors for the purposes of irrigating landscape, lawns,
vegetated areas, and plant material without the use of a drip irrigation
or micro-spray system is limited to one time per week. Persons are
permitted to water and/or irrigate landscape, lawns, vegetated areas,
and plant material on Monday.
(2)
Filling swimming pools, spas, hot tubs, jacuzzis, or children's wading
pools is limited to not more than one time per week on Mondays.
(3)
Using potable water from fire hydrants is limited to firefighting
and emergency related activities and/or other activities necessary
to maintain public health, safety, and welfare including, without
limitation, flushing utility distribution pipelines; constructing
water distribution and production facilities; and maintaining street
sweeping services. If there is a need for acquiring fire hydrant and
flow testing services, the applicant is required to have the test
completed by the director, through the water system computer model
in-lieu of having an actual real-time field test completed. The expense
incurred by the city for completing a fire hydrant and flow test using
the city water system computer model will be paid by the applicant.
(c)
Declaring a stage three drought emergency makes it unlawful to:
(1)
Install non drip irrigation or micro-spray systems used in watering
outdoors for purposes of irrigating landscape, lawns, vegetated areas,
and plant material in new commercial and residential developments
requesting new water utility service.
(2)
Use potable water to irrigate ornamental turf on public street medians
within the city's service boundaries.
(3)
Wash any motorized vehicle or non-motorized equipment including,
without limitation, automobiles, trucks, vans, buses, motorcycles,
boats, or other motorized and non-motorized equipment unless performed
at commercial car wash facilities.
(Ord. 2214 § 1, 2021)
(a)
Declaring a stage four drought emergency demonstrates the need to
reduce the city's water demand between thirty-one percent and forty
percent, or more.
(b)
The resolution declaring a stage four drought emergency must, in
addition to the general prohibitions of this chapter, direct the director,
to impose the following mandatory water use restrictions:
(1)
Using potable water from fire hydrants is limited to firefighting
and emergency related activities and/or other activities necessary
to maintain public health, safety, and welfare including, without
limitation, flushing utility distribution pipelines; constructing
water distribution and production facilities; and maintaining street
sweeping services. If there is a need for acquiring fire hydrant and
flow testing services, the applicant is required to have the test
completed by the director, through the water system computer model
in-lieu of having an actual real-time field test completed. The expense
incurred by the city for completion of a fire hydrant and flow test
using the city water system computer model will be paid by the applicant.
(c)
Declaring a stage four drought emergency makes it unlawful to:
(1)
Water without a drip irrigation or micro-spray system.
(2)
Install non drip irrigation or micro-spray systems used in watering
outdoors for purposes of irrigating landscape, lawns, vegetated areas,
and plant material in new commercial and residential developments
requesting new water utility service.
(3)
Use potable water to irrigate ornamental turf on public street medians
within the city's service boundaries.
(4)
Fill swimming pools, spas, hot tubs, and/or jacuzzis of any kind
whether in-ground or above-ground structures, including children's
wading pools.
(5)
Wash any motorized vehicle or non-motorized equipment including,
without limitation, automobiles, trucks, vans, buses, motorcycles,
boats, or other motorized and non-motorized equipment unless performed
at commercial car wash facilities.
(Ord. 2214 § 1, 2021)
Declaring a stage five water shortage demonstrates the need
to reduce the city's water demand between forty-one percent and fifty
percent. All prohibitions and restrictions for a stage four drought
emergency are applicable to a stage five drought emergency and must
be incorporated into the resolution adopted by the city council.
(Ord. 2214 § 1, 2021)
Declaring a stage six water shortage demonstrates the need to
reduce the city's water demand more than fifty percent. All prohibitions
and restrictions for a stage five drought emergency are applicable
to a stage six drought emergency and must be incorporated into the
resolution adopted by the city council.
(Ord. 2214 § 1, 2021)
