The provisions of this chapter shall apply to all persons using water within the city water service area, and regardless of whether any person using water shall have a contract for water service with the city. No customer of the city shall make, cause, use or permit the use of potable water from the city for residential, commercial, industrial, agricultural, governmental or any other purpose in a manner contrary to any provision of this chapter.
(Ord. 91-02)
It is the purpose of this chapter to provide for an effective means to manage the local water supply as necessary for public health, safety, fire protection and recreational needs.
(Prior code § 53.21)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
"City"
means the city of Lathrop.
"City clerk"
means secretary of the city of Lathrop.
"City manager"
means the manager of the city of Lathrop.
"Consumer unit" or "unit"
means 100 cubic feet of water, or 748 gallons.
"Council"
means the city council of the city of Lathrop.
"Drought"
means a water shortage as declared by the Governor of California which affects the local water supply; or any unusual situation or circumstance affecting the quantity of the local water supply.
"Flow restrictor"
means any device expressly used to limit water flow or pressure to a water service.
"Public works director"
means the city engineer, or the city official, or his or her duly authorized agent, responsible for the implementation of this chapter, including, but not limited to, the duly appointed manager of the city water system.
"Water emergency"
means an event, time or situation that requires extraordinary management or restrictions on water use caused as a result of natural events or as an unanticipated manmade event affecting the quantity or quality of the local water supply.
(Prior code § 53.22; Ord. 25-476, 12/8/2025)
Any of the following acts or omissions, whether willful or negligent, shall constitute the waste of water:
A. 
Causing or permitting water to leak, discharge, flow or run to waste into any gutter, sanitary sewer, watercourse or public or private storm drain, or to any adjacent property, from any tap, hose, faucet, pipe, sprinkler, pond, pool, waterway, fountain or nozzle. In the case of irrigation, "discharge," "flow" or "run to waste" means that the earth intended to be irrigated has been saturated with water to the point that excess water flows over or through the earth to waste. In the case of washing, "discharge," "flow" or "run to waste" means that water in excess of that necessary to wash, wet or clean the dirty or dusty object, such as an automobile, sidewalk, or parking area, flows to waste.
B. 
Allowing water fixtures (including, but not limited to, toilets, faucets, shower heads) or heating or cooling devices to leak or run to waste.
C. 
Maintaining ponds, waterways, decorative basins or swimming pools without water recirculation devices.
D. 
Backwashing so as to discharge to waste swimming pools, decorative basins or ponds in excess of the frequency necessary to ensure the healthful condition of the water or in excess of that required by standards for professionally administered maintenance or to address structural considerations, as determined by the city manager, or designee.
E. 
Operation of an irrigation system that applies water to an impervious surface or that is in disrepair.
F. 
Use of a water hose not equipped with a control nozzle capable of completely shutting off the flow of water except when positive pressure is applied.
G. 
Irrigation of landscaping during rainfall or 48 hours after a measurable rain event.
H. 
Overfilling of any pond, pool or fountain which results in water discharging to waste.
(Ord. 21-424 § 1)
The city is required to prepare a water shortage contingency plan (WSCP) pursuant to CWC Section 10632 et seq. that includes the following prescriptive elements:
A. 
Key attributes of its water supply reliability analysis;
B. 
Six standard water shortage levels corresponding to progressive ranges of up to 10, 20, 30, 40, and 50% shortages and greater than 50% shortage;
C. 
Locally appropriate "shortage response actions" for each shortage level, with a corresponding estimate of the extent the action will address the gap between supplies and demands;
D. 
Procedures for conducting an annual water supply and demand assessment with prescribed elements; following adoption of the UWMP 2020, the city is required to submit, by July 1st of each year an annual water shortage assessment report to DWR;
E. 
Communication protocols and procedures to inform customers, the public and government entities of any current or predicted water shortages and associated response actions;
F. 
Monitoring and reporting procedures to assure appropriate data is collected to monitor customer compliance and to respond to any state reporting requirements;
G. 
A reevaluation and improvement process to assess the functionality of its WSCP and to make appropriate adjustments as may be warranted.
(Ord. 21-424 § 1)
All applicants for water service are put on notice that further restrictions or prohibitions on water use and service may hereafter become necessary; and nothing herein, no application, permit or approval of water service or water service facilities granted pursuant to these rules shall vest in the applicant any right to a particular use or quantity of water; but such applicant shall be subject to all further prohibitions, restrictions, rules and regulations in the same manner and extent as any other consumer or class of consumers similarly situated existing at the time such prohibitions or restrictions are imposed.
(Prior code § 53.23)
A. 
All peace officers and persons authorized by law to issue citations within the water service area shall, in conjunction with duties imposed by law, diligently enforce the provisions of this chapter.
B. 
Pursuant to the provisions of Section 836.5 of the State Penal Code, the public works director and designees have the authority to issue citations for the enforcement of this chapter. The following are designated as enforcement personnel:
1. 
The public works director or designees;
2. 
Water service field representatives;
3. 
Sworn peace officers;
4. 
Fire chief and designees;
5. 
City building and zoning personnel.
C. 
The public works director or designee have the primary responsibility in the implementation and enforcement of this chapter.
(Prior code § 53.24)
A. 
Whenever necessary to make an inspection to enforce any provisions of this chapter, or whenever the enforcement personnel have reasonable cause to believe that there exists in any building or upon any premises any condition which violates this chapter, employees may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed by this chapter; provided that if such building or premises is occupied, the city employee shall first present proper credentials and request entry. If such entry is refused, the city shall have recourse to every remedy by law to secure entry.
B. 
When the city shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the enforcement personnel for the purpose of inspection, examination or repair pursuant to this chapter. Any person violating this section is guilty of a misdemeanor.
(Prior code § 53.25)
Owners of property will be held responsible for water used on their premises, although payments will be accepted from tenants. In case the tenants do not pay in accordance with the provisions of this chapter, the service may be disconnected and shall not be restored until the delinquent water charges, including the cost of water delivered, applicable surcharges, as well as the cost of reconnecting the service, shall have been paid. The property owner shall be notified of any fines or excess water use surcharges levied against the tenant, or the second non-payment notice to the tenant which could be levied against the property.
(Prior code § 53.26)
Each charge levied by or pursuant to this chapter or any resolution adopted pursuant to this chapter is made a lien upon the property which received the benefit of the service or facility for which the charge was made, and any steps authorized by law may be taken by the city to enforce payment of such lien.
(Prior code §53.27)
The public works director or designee shall terminate service to any customer due to excessive violations of this chapter upon written notice, sent by certified mail to the customer. In addition, the notice shall be posted on the door of the customer by door hangar at least two business days prior to the termination of service. For purposes of this chapter, excessive violations shall be considered to be more than four violations within a six-month period. Service will be reinstated when all fines and charges have been paid, and all needed repairs or corrections made.
(Prior code § 53.28)
In order to enforce the provisions of this chapter, the city may correct any violation of this chapter. The cost of such correction, including attorney's fees, may be added to any water service charge payable by the person occupying the property upon which the violation occurred, and the city shall have such remedies for the collection action of such costs as it has for the collection of water service charges.
(Prior code § 53.29)
It is unlawful for any person, firm, partnership, association, corporation or political entity to use water obtained from the water system of the city through fraud, including misrepresentation made to obtain a particular allocation of water, or for any prohibited or restricted use as herein defined in this chapter.
(Prior code § 53.30)
A. 
Water shall be used for beneficial purposes only; all unnecessary and wasteful uses (as defined in Section 13.08.030.1) of water are prohibited.
B. 
Water shall be confined to the user's property and shall not be allowed to run off to adjoining properties, or to the roadside or to the gutter. Care shall be taken not to water past the point of saturation.
C. 
Free-flowing hoses for all uses are prohibited. Automatic shut-off devices shall be attached on any hose or filling apparatus in use.
D. 
All leaks (including irrigation systems, pipes, fixtures, pools, ponds, fountains and waterways) shall be repaired within five calendar days or less if warranted by the severity of the problem as determined in the discretion of the city manager, or designee.
E. 
All pools, spas, and ornamental fountains/ponds shall be equipped with a recirculation pump and shall be constructed to be leak-proof. Pool draining and refilling shall be allowed only to the extent required for health, maintenance, or structural considerations, and must otherwise comply with all applicable federal, state and local stormwater management program requirements, including, but not limited to, the urban stormwater quality management and discharge control ordinance set forth in Chapter 13.28 of Title 13 of the city of Lathrop Municipal Code.
F. 
Landscaping.
1. 
All landscaping installed in the city of Lathrop shall comply with the current Model Water Efficient Landscape Ordinance established by the State Department of Water Resources and landscape requirements adopted by resolution of the city council.
2. 
Irrigation of new landscaping shall be allowed on any day of the week for a period of 30 days after the new landscaping is planted, unless the city manager, or designee, provides prior written consent to extend this time period based on plant type and the season when the new landscaping is planted. After the 30 days, irrigation days and run times should be decreased to settings appropriate for an established landscape.
3. 
Upon city declaration of a water shortage, the city manager may impose revised and/or additional limitations on the irrigation of new landscaping, as specified in the city's WSCP set forth in Section 13.08.130, and no person shall use, or cause to be used, city water in violation of such limitations while the water shortage remains in effect. A waiver may be granted to irrigate during an established period for actively used turf areas and/or sports fields. Allowance shall also be made for irrigation testing and repairs.
G. 
All site reviews shall include an evaluation of using recycled water. Recycled water shall be required if economically feasible.
(Ord. 17-381 § 1; Ord. 21-424 § 1)
Enactment of this chapter shall cause the immediate implementation of mandatory requirements as set forth in Section 13.08.120 and the city's water shortage contingency plan (WSCP). The WSCP includes six standard water shortage levels corresponding to 10, 20, 30, 40, and 50% shortages and greater than 50% shortage, and provides shortage response actions for each shortage level intended to address the gap between supplies and demands. Shortage level changes shall be implemented by resolution following a duly noticed public hearing, and shall be based upon the procedures as set forth in Sections 13.08.140 and 13.08.150. Affected customers shall be notified of shortage level changes and the corresponding shortage response actions either by notice on the utility bill, or by actual written notification.
(Ord. 91-02; Ord. 17-381 § 1; Ord. 21-424 § 1)
The city council shall declare a drought and may direct the public works director to implement all provisions of Sections 13.08.160 through 13.08.290 by resolution action when one or more of the following conditions exist:
A. 
A water shortage of greater than 10% is determined to exist based on the city's annual demand and supply assessment that may be attributed to drought conditions.
B. 
A drought is declared by the Governor of California covering the water sources used by the city, and subsequent reductions of water supplied to the city will occur or are likely to occur.
(Ord. 91-02; Ord. 17-381 § 1; Ord. 21-424 § 1)
The city council shall declare a water emergency and may direct the public works director to implement appropriate water conservation and/or rationing requirements consistent with this chapter when one or more of the following conditions exist:
A. 
A water shortage of greater than 10% is determined to exist based on the city's annual demand and supply assessment attributed to factors other than drought conditions;
B. 
A decrease in the ability to draw ground water due to well contamination, well failure or other equipment or system failure, and no alternative source of water is available;
C. 
Contamination of the water system;
D. 
Natural disasters affecting water deliveries;
E. 
During times of floods which would affect water quality;
F. 
Sabotage or threats of sabotage against the water system;
G. 
Any unusual situation or circumstance which affects the quantity or quality of the water supply.
(Ord. 91-02; Ord. 17-381 § 1; Ord. 21-424 § 1)
When drought conditions or water emergency conditions prevail for more than two months, it may become necessary to implement a temporary rate increase to cover lost revenues due to water consumption reductions. Rates shall be increased as recommended by the public works director and at the council's discretion when it is determined that revenues are inadequate to maintain the water enterprise. Such increase will be accomplished by resolution action.
(Ord. 91-02; Ord. 17-381 § 1; Ord. 21-424 § 1)
A. 
Water use in excess of the maximum ration allowed in any billing period during water rationing under this chapter or the WSCP will cause the automatic imposition of a use fee/surcharge to the customer.
B. 
The water user shall be given written notice of any water use in excess of that user's water ration, and notice of an excess water use surcharge shall be collected as a fee on the user's utility bill in the event the water user again exceeds that user's water ration during the next billing cycle.
C. 
If the water user again exceeds that user's water ration during the following billing period, the excess use fee shall be imposed as a surcharge upon all water use in excess of that user's water ration, dating back to the original billing period for which notice of excess use had been given and extending forward until the water user consumes no more than allowed under the water rationing standard.
D. 
Excess water use surcharges shall be calculated as a fee for water use, and shall be calculated as follows:
Excess Water Use
Surcharge
1 — 5 units over base
$12.50/unit
6 — 10 units over base
$15.00/unit
11 — 15 units over base
$17.50/unit
16 — 25 units over base
$30.00/unit
26 — 50 units over base
$42.50/unit
More than 50 units over base
$100.00/unit
E. 
The fee shall apply to all water use in excess of the maximum ration applicable to that user. The public works director and designee, following the notification requirement set forth above, shall cause this surcharge to be collected directly from any water user if that user exceeds the monthly water ration. Any water user may seek to have the excess water use surcharge waived or forgiven through the rationing variance process set forth in Section 13.08.200 upon substantial evidence of the following:
1. 
The excess water use was beyond the user's control, and was not reasonably correctable due to special and unique circumstances.
2. 
An incident or condition occurred where public health or safety would have been threatened by decreased water usage.
(Ord. 91-02; Ord. 17-381 § 1; Ord. 21-424 § 1)
A. 
The public works director or designee shall document the number of full time residents for each residential water use, but shall presume each residence has only one occupant for those residences who fail to respond to any reasonable inquiry. The public works director or designee shall also document the type and character of any commercial, industrial or public authority requesting a variance in the assigned water allotment in of this chapter. The public works director or designee shall maintain a separate file of each rationing variance request, and the response to that request. This file shall be available for public inspection during regular business hours.
B. 
The public works director or designee may grant variances for uses of water otherwise prohibited or adjust any consumer's usage allotment if the public works director or designee finds and determines that to fail to do so would cause an emergency condition affecting health, sanitation or fire protection of the applicant or public.
(Ord. 91-02; Ord. 17-381 § 1; Ord. 21-424 § 1)
Any water service customer who considers an action taken by the public works director under the provisions of this chapter to have been erroneously taken may appeal such action and decision to the city council in the following manner:
A. 
All appeals shall be filed in writing with the city clerk and shall state the nature of the appeal or request and the basis upon which the decision of the public works director is considered to be in error.
B. 
Such appeals, to be effective, must be received by the city clerk not later than 10 business days following the date that the public works director has given notice of such action from which the appeal is being taken and be accompanied by a fee of $50. The fee of $50 will be refunded if the appeal is granted.
C. 
The city clerk shall schedule the appeal for consideration by the city council at the earliest next regularly scheduled council meeting.
D. 
The decision of the city council on the appeals shall be final.
E. 
A successful appeal by an applicant shall include reimbursement, if any, of an excess use fee by the city in a timely fashion.
(Ord. 91-02; Ord. 92-97; Ord. 17-381 § 1; Ord. 21-424 § 1)
Notwithstanding any other provisions of this chapter, no restriction or prohibition is imposed upon applications, approvals or installations of water service facilities solely for temporary service to those construction works which are entitled to permanent water service facilities under the terms of this chapter.
(Ord. 91-02; Ord. 17-381 § 1; Ord. 21-424 § 1)
No owner or manager or other person responsible for the day-to-day operation of any premises shall fail to initiate steps to repair any leaking, broken or defective water pipes, faucets, plumbing fixtures, other water service appliances, sprinklers, watering or watering systems within five working days after the owner, or manager or other responsible person knew or should have known of such leaks, breaks or defects.
(Ord. 91-02; Ord. 21-424 § 1)
Additional rules and regulations concerning the operation of the municipal water system and water conservation and rationing plan may be established by the council from time to time.
(Ord. 91-02; Ord. 21-424 § 1)
Citations may be issued for the following violations of the provisions of Section 13.08.120 the city's WSCP set forth in Section 13.08.130, and the corresponding fees and charges will be added to the utility bills of customers who are observed by enforcement personnel listed under Section 13.08.050 in violation of such. Refusal to pay fines as assessed shall result in the termination of service to the customer and/or the placement of a lien against the property. Fines shall be imposed as follows:
A. 
Any wasteful water usage during, and as defined in this chapter or the WSCP, shall carry fines as listed below:
1. 
Fifty dollars upon the second notification of such offense;
2. 
Seventy-five dollars upon the third notification of such offense;
3. 
One hundred dollars upon the fourth notification of such offense, and a fourth notification shall also result in the installation of a flow restrictor by the city staff at the customer's expense, which shall remain in place for the remainder of the drought or water emergency.
Failure to pay assessed fines will result in termination of service until such time as payment in full is collected from the customer.
(Ord. 91-39; Ord. 17-381 § 1; Ord. 21-424 § 1)