A.
Declaration
of Policy. It is declared that because of the water conditions prevailing
in the city, the general welfare requires that the water resources
available to the city, region and state be put to the maximum beneficial
use, that the waste or unreasonable use of water be prevented, and
that the conservation of water is to be encouraged at all times.
B.
Authorization.
1.
The
city manager shall request the city council to declare that demand
for water is anticipated to be in excess of supply, immediately after
it appears that such a situation exists or is threatened, if the city
council is in session. If the council is not in session, the city
manager shall immediately cause a request for a special meeting of
the city council to be delivered to each council person who can be
located.
2.
The
city council shall have the power to declare the necessity to implement
the applicable provisions of this chapter when in its opinion the
demand for water consumption exceeds the city's available supply (allowing
for a safe reserve), or threatens to do so, provided there are no
immediate resources available to remedy the situation. Such declaration
shall be made by public announcement and shall be published in a newspaper
of general circulation and shall become effective immediately upon
such publication.
C.
Application.
The provisions of this chapter shall apply to all persons, customers
within the city, or property utilizing city water wherever situated.
D.
Presumption.
For purposes of this title, it shall be presumed that a person, corporation
or association in whose name the water utility of the city is or was
last billed or who is receiving the economic benefit of the water
supply has knowingly made, caused, used or permitted the use of water
received from the city for a purpose in a manner contrary to any provision
of this title.
(Prior code § 7730.0; Ord. 1786 § 1, 2005)
A.
Compliance—Guidelines.
1.
No
customer of the city or person who uses water within the city shall
knowingly use, or permit the use of water in a manner contrary to
any provision of this chapter, or in an amount in excess of that use
permitted by the provisions of this title or that is reasonably necessary
to satisfy the water usage need.
2.
Unless otherwise provided, any person, firm or corporation violating any provision of this title as adopted by reference above, other than the provisions of Sections 13.20.010 through 13.20.040 of this code, shall be guilty of an infraction or misdemeanor as hereinafter specified at the city's discretion, and each day or portion thereof such violation is in existence shall be a new and separate offense.
B.
Any
person so convicted shall be:
1.
Guilty
of an infraction offense and punished by a fine of not less than $25.00
but not exceeding $100.00 for a first violation during any calendar
year or declared conservation stage, whichever time period is shorter
in duration;
2.
Guilty
of an infraction offense and punished by a fine not less than $50.00
and not exceeding $200.00 for a second violation during any calendar
year or declared conservation stage, whichever time period is shorter
in duration;
3.
On
conviction of a third violation, guilty of a misdemeanor offense and
shall be punished by a fine not less than $500.00 nor more than $1,000.00
during any calendar year or declared conservation stage, whichever
time period is shorter in duration.
C.
1.
Notwithstanding
the above, a first or second offense may be charged and prosecuted
as a misdemeanor at the city's sole discretion. In addition to the
above penalties, such convicted person, firm, corporation or other
entity may, in the discretion of the court, be ordered to reimburse
the city for all necessary costs incurred through investigation, discovery,
analysis, inspection, abatement and other actual costs incurred by
the city or its agents pertaining to the violation.
2.
The
court shall fix the amount of any such reimbursements upon submission
of proof of such costs by the city. Payment of any penalty herein
provided shall not relieve a person, firm or corporation, or other
entity from the responsibility of correcting the condition resulting
from the violation.
D.
In
addition to the above, the water utility director is empowered to
enact other penalties and restrictive measures that are intended to
abate the conductor circumstances comprising the violation, including
but not limited to the following: placement of a flow restricting
device upon the water service, locking off of water meter, removal
of water meter, and shutting off of the service line valve.
(Prior code § 7731.00; Ord. 1812 § 1, 2006)
A.
The
following activities are prohibited:
1.
The
washing of sidewalks, walkways, driveways, public and private parking
areas and all other impervious hard surfaced areas by direct hosing
when runoff water directly flows to a gutter or storm drain, except
as may be necessary to properly dispose of flammable or other dangerous
liquids or substances, wash away spills that present a trip and fall
hazard, or to prevent or eliminate materials dangerous to the public
health and safety;
2.
Excessive
or unreasonable runoff of water or unreasonable spray of the areas
being watered. Every customer is deemed to have his or her water system
under control at all times, to know the manner and extent of this
water use and any runoff, and to employ available alternatives to
apply irrigation water in a reasonably efficient manner;
3.
Allowing,
permitting or causing the escape of water through breaks or leaks
within the customer's plumbing or private water distribution system
for any substantial period of time within which such break or leak
should reasonably have been discovered and corrected. It shall be
presumed that a period of 72 hours after the customer discovers such
a break or leak or receives notice from the city of a break or leak,
is a reasonable time within which to correct such break or leak, or,
at a minimum, to stop the flow of water from such break or leak;
4.
Outdoor
irrigation of landscape by sprinklers during the hours of 10:00 a.m.
to 6:00 p.m. Citizens are encouraged to avoid the use of sprinklers
on windy days. Irrigation by handheld hose, drip irrigation, handheld
bucket, or similar container or by use of a cleaning machine equipped
to recycle any water used are permitted anytime. In no event shall
any water so used be permitted to run off into adjacent property,
streets, alleys or storm drains;
5.
Washing
of automobiles, trucks, trailers, boats, airplanes, and other types
of equipment (mobile or otherwise) unless done with a hand-held bucket
or hand-held hose equipped with a positive shutoff nozzle for quick
rinses. The nozzle shall be removed when the hose is not in use to
ensure the water supply is shutoff. However, this section does not
apply to the washing of the above-listed vehicles or mobile equipment
when conducted on the immediate premises of a commercial carwash;
6.
All
eating and drinking establishments of any kind including, but not
limited to, any restaurant, hotel, café, cafeteria, bar or
club, whether public or private, shall not provide drinking water
to any person unless it is expressly requested.
B.
Exceptions.
None of these restrictions shall apply to the following:
1.
The
routine and necessary use of water, other than for landscape irrigation,
by a governmental entity in pursuit of its governmental functions
for the benefit of the public, such as construction projects and for
the cleaning of streets to prevent debris and harmful substances from
entering water systems via storm drains;
2.
The
necessary use of water for the routine maintenance and/or repair of
water distribution facilities, residential and commercial plumbing
and permanently installed landscaped irrigation systems.
(Prior code § 7732.00; Ord. 1786 § 1, 2005)
A.
In the event the city council determines that the measures outlined in Section 13.16.030 fail to produce a sufficient reduction in demand so as to produce a sufficient supply, the use of water within the city shall be additionally restricted and the following provisions shall become effective upon a declaration by the city council and publication of same as follows:
1.
The
washing of sidewalks, walkways, driveways, public and private parking
areas and all other impervious hard surfaced areas by direct hosing
when runoff water directly flows to a gutter or storm drain, except
as may be necessary to properly dispose of flammable or other dangerous
liquids or substances, wash away spills that present a trip and fall
hazard, or to prevent or eliminate materials dangerous to the public
health and safety.
2.
Excessive
or unreasonable runoff of water or unreasonable spray of the areas
being watered is prohibited. Every customer is deemed to have his
or her water system under control at all times, to know the manner
and extent of this water use and any runoff, and to employ available
alternatives to apply irrigation water in a reasonably efficient manner.
3.
Allowing,
permitting or causing the escape of water through breaks or leaks
within the customer's plumbing or private water distribution system
for any substantial period of time within which such break or leak
should reasonably have been discovered and corrected. It shall be
presumed that a period of 72 hours after the customer discovers such
a break or leak or receives notice from the city of a break or leak,
is a reasonable time within which to correct such break or leak, or,
at a minimum, to stop the flow of water from such break or leak.
4.
Outdoor
irrigation of landscape by sprinklers is permitted only on even days
of the month for those locations having a street address with an even
last digit. Outdoor irrigation by sprinklers is permitted only on
odd days of the month for those locations having a street address
with an odd last digit. Outdoor irrigation for locations not having
a street address shall occur on even days of the month if located
west of San Antonio Avenue or only on odd days of the month if located
east of San Antonio Avenue. No outdoor irrigation shall take place
between the hours of 10:00 a.m. and 6:00 p.m. Irrigation by hand-held
hose, drip irrigation, hand-held bucket, or similar container or by
use of a cleaning machine equipped to recycle any water used are permitted
anytime. In no event shall any water so used be permitted to run off
into adjacent property, streets, alleys or storm drains.
5.
Washing
of Vehicles, Trailers, Boats, Airplanes and Mobile Equipment.
a.
The washing of automobiles, trucks, trailers, boats, airplanes and other types of equipment (mobile or otherwise) is prohibited except on the designated outdoor water use days pursuant to subsection (A)(4) of this section between the hours of 12:00 midnight to 12:00 noon and sundown to 12:00 midnight. Such washing, when allowed, shall be done with a hand-held bucket or hand-held hose equipped with a positive shutoff nozzle for quick rinses. The nozzle shall be removed when the hose is not in use to ensure the water supply is shutoff.
b.
No individual, firm or business that regularly washes vehicles for
remuneration or provides facilities for customers to do so through
coin-operated machinery shall be permitted to operate such a business
unless their place of business is equipped and operating to approved
city standards with equipment to recycle water for use within their
facility.
c.
Washing trucks, trailers and other types of mobile equipment (such
as garbage trucks and vehicles used to transport food and other perishables),
when such washing is necessary in order to protect the health, safety
and welfare of the public, shall be restricted to the hours of sundown
to noon. Such washing, when allowed, shall be done with a hand-held
bucket or hand-held hose equipped with a positive shutoff nozzle for
quick rinses. The nozzle shall be removed when the hose is not in
use.
d.
Nonprofit and community based organizations' fundraising car washes
shall be allowed, provided they are otherwise in accordance with all
other provisions of the Upland Municipal Code and this section, and
have obtained a permit to operate a nonprofit carwash from the finance
department, the cost of same to be $5.00, which sum is found to cover
the city's costs to issue the permit. Such activities shall be limited
to no more than two times in one month. Permit shall become void upon
the effective date of the declaration of severe shortage.
6.
All
eating and drinking establishments of any kind including, but not
limited to, any restaurant, hotel, café, cafeteria, bar or
club, whether public or private, shall not provide drinking water
to any person unless it is expressly requested.
7.
The refilling or adding of water to swimming pools is prohibited except on designated outdoor water use days, which shall be the same days as outdoor watering is permitted pursuant to subsection (A)(4) of this section.
8.
Any
non-business, operation-related pond, ornamental fountain or other
structure making similar use of water is prohibited.
9.
The
irrigation of golf course fairways is prohibited. This section shall
not apply to the irrigation of any golf course solely with reclaimed
wastewater.
10.
The use of water from fire hydrants shall be limited to firefighting and emergency-related activities and/or other activities necessary to maintain the health, safety, and welfare of the citizens of Upland. This restriction shall not apply to businesses which require the use of water for land development and building construction processes, pursuant to prior written approval by the review board as defined in Section 13.16.070.
B.
Exceptions.
None of the moderate shortage restrictions shall apply to the following
uses of water:
1.
The
routine and necessary use of water, other than for landscape irrigation,
by a governmental entity in pursuit of its governmental functions
for the benefit of the public, such as construction projects and for
the cleaning of streets to prevent debris and harmful substances from
entering water systems via storm drains;
2.
The
routine and necessary use of water, other than for landscape irrigation,
for land development (e.g., roadway base preparation, flushing of
utility lines, dust control, concrete and asphalt work) and for building
construction processes;
3.
The
necessary use of water for the routine maintenance and/or repair of
water distribution facilities, residential and commercial plumbing
and permanently installed landscape irrigation systems;
(Prior code § 7733.00; Ord. 1786 § 1, 2005)
A.
In the event the city council determines that the measures outlined in Section 13.16.040 fail to produce a sufficient reduction in demand so as to produce a sufficient supply, the use of water within the city shall be additionally restricted and the following provisions shall become effective upon a declaration by the city council and publication of same as follows:
1.
The
washing of sidewalks, walkways, driveways, public and private parking
areas and other impervious hard surfaced areas by direct hosing when
runoff water directly flows to a gutter or storm drain, except as
may be necessary to properly dispose of flammable or other dangerous
liquids or substances, wash away spills that present a trip and fall
hazard, or to prevent or eliminate materials dangerous to the public
health and safety is prohibited.
2.
Excessive
runoff of water or unreasonable spray of the areas being watered is
prohibited. Every customer is deemed to have his or her water system
under control at all times, to know the manner and extent of this
water use and any runoff, and to employ available alternatives to
apply irrigation water in a reasonably efficient manner.
3.
Allowing,
permitting or causing the escape of water through breaks or leaks
within the customer's plumbing or private water distribution system
for any substantial period of time within which such break or leak
should reasonably have been discovered and corrected. It shall be
presumed that a period of 72 hours after the customer discovers such
a break or leak or receives notice from the city of a break or leak,
is a reasonable time within which to correct such break or leak, or,
at a minimum, to stop the flow of water from such break or leak.
4.
Outdoor
irrigation of landscape by sprinklers is permitted only on Wednesday
and Sunday for those locations having street address with an even
last digit. Outdoor irrigation by sprinklers is permitted only on
Tuesday and Saturday for those locations having a street address with
an odd last digit. Outdoor irrigation for locations not having a street
address shall occur on Wednesday and Sunday if located west of San
Antonio Avenue or only on Tuesday and Saturday if located east of
San Antonio Avenue. No outdoor irrigation shall take place between
6:00 a.m. until one hour before sundown. Irrigation by hand-held hose,
drip irrigation, or handheld bucket or similar container or by use
of a cleaning machine equipped to recycle any water used are permitted
anytime. In no event shall any water so used be permitted to run off
into adjacent property, streets, alleys or storm drains.
5.
Washing
of Vehicles, Trailers, Boats, Airplanes and Mobile Equipment.
a.
The washing of automobiles, trucks, trailers, boats, airplanes and other types of equipment (mobile or otherwise) is prohibited except on the designated outdoor water use days pursuant to subsection (A)(4) of this section between the hours of 12:00 midnight to 12:00 noon and sundown to 12:00 midnight. Such washing, when allowed, shall be done with a hand-held bucket or hand-held hose equipped with a positive shutoff nozzle for quick rinses. The nozzle shall be removed when the hose is not in use to ensure the water supply is shutoff.
b.
No individual, firm or business that regularly washes vehicles for
remuneration or provides facilities for customers to do so through
coin-operated machinery shall be permitted to operate such a business
unless their place of business is equipped and operating to approved
city standards with equipment to recycle water for use within their
facility.
c.
Washing trucks, trailers and other types of mobile equipment (such
as garbage trucks and vehicles used to transport food and other perishables),
when such washing is necessary in order to protect the health, safety
and welfare of the public, shall be restricted to the hours of sundown
to noon. Such washing, when allowed, shall be done with a hand-held
bucket or hand-held hose equipped with a positive shutoff nozzle for
quick rinses. The nozzle shall be removed when the hose is not in
use.
d.
Nonprofit and community-based organizations' fundraising car washes
shall be allowed, provided they are otherwise in accordance with all
other provisions of the Upland Municipal Code and this section, and
have obtained a permit to operate a nonprofit carwash from the finance
department, the cost of same to be $5.00, which sum is found to cover
the city's costs to issue the permit. Such activities shall be limited
to no more than two times in one month. Permit shall become void upon
the effective date of the declaration of severe shortage.
6.
All
eating and drinking establishments of any kind whatsoever including,
but not limited to, any restaurant, hotel, café, cafeteria,
bar or club, whether public or private, shall not provide drinking
water to any person unless it is expressly requested.
7.
The refilling or adding of water to existing swimming pools is prohibited except on designated outdoor water use days which shall be the same days as outdoor water is permitted pursuant to subsection (A)(4) of this section. New pool construction filling shall be by permit only.
8.
Any
non-business, operation-related pond, ornamental fountain or other
structure making similar use of water is prohibited.
9.
The
watering of golf course tee areas and fairways is prohibited unless
done with reclaimed wastewater.
10.
The use of water from fire hydrants shall be limited to firefighting and emergency-related activities and/or other activities necessary to maintain the health, safety, and welfare of the citizens of Upland. This restriction shall not apply to businesses which require the use of water for land development and building construction processes, pursuant to prior written approval by the review board as defined in Section 13.16.070.
B.
Exceptions. None of the high shortage restrictions shall apply to the following uses of water, provided there is prior written approval by the review board as defined in Section 13.16.070:
1.
The
routine and necessary use of water, other than for landscape irrigation,
by a governmental entity in pursuit of its governmental functions
for the benefit of the public, such as construction projects and for
the cleaning of streets to prevent debris and harmful substances from
entering water systems via storm drains;
2.
The
routine and necessary use of water, other than for landscape irrigation,
for land development (e.g., roadway base preparation, flushing of
utility lines, dust control, concrete and asphalt work) and for building
construction processes;
3.
The
necessary use of water for the routine maintenance and/or repair of
water distribution facilities, residential and commercial plumbing
and permanently installed landscape irrigation systems;
(Prior code § 7734.00; Ord. 1786 § 1, 2005)
In the event the city council determines that the measures outlined in Section 13.16.050 fail to produce a sufficient reduction in demand so as to produce a sufficient supply, then the use of water within the city shall be additionally restricted and the following provisions shall become effective upon a declaration by the city council and publication of same as follows:
A.
The
washing of sidewalks, walkways, driveways, public and private parking
areas and other impervious hard surfaced areas by direct hosing when
runoff water directly flows to a gutter or storm drain, except as
may be necessary to properly dispose of flammable or other dangerous
liquids or substances, wash away spills that present a trip and fall
hazard, or to prevent or eliminate materials dangerous to the public
health and safety is prohibited.
B.
Excessive
runoff of water or unreasonable spray of the areas being watered is
prohibited. Every customer is deemed to have his or her water system
under control at all times, to know the manner and extent of this
water use and any runoff, and to employ available alternatives to
apply irrigation water in a reasonably efficient manner.
C.
Allowing,
permitting or causing the escape of water through breaks or leaks
within the customer's plumbing or private water distribution system
for any substantial period of time within which such break or leak
should reasonably have been discovered and corrected. It shall be
presumed that a period of 72 hours after the customer discovers such
a break or leak or receives notice from the city of a break or leak,
is a reasonable time within which to correct such break or leak, or,
at a minimum, to stop the flow of water from such break or leak.
D.
Outdoor
irrigation of landscape by sprinklers is permitted only on Sunday
for those locations having street address with an even last digit.
Outdoor irrigation by sprinklers is permitted only on Saturday for
those locations having a street address with an odd last digit. Outdoor
irrigation for locations not having a street address shall occur on
Sunday if located west of San Antonio Avenue or only on Tuesday and
Saturday if located east of San Antonio Avenue. No outdoor irrigation
shall take place between 6:00 a.m. until one hour before sundown.
Irrigation by hand-held hose, drip irrigation, or hand-held bucket,
or similar container or by use of a cleaning machine equipped to recycle
any water used are permitted anytime. In no event shall any water
so used be permitted to run off into adjacent property, streets, alleys
or storm drains.
E.
Washing
of Vehicles, Trailers, Boats, Airplanes and Mobile Equipment.
1.
The
washing of automobiles, trucks, trailers, boats, airplanes, and other
types of equipment (mobile or otherwise) is prohibited except as provided
elsewhere in this section.
2.
No
individual, firm or business that regularly washes vehicles for remuneration
or provides facilities for customers to do so through coin-operated
machinery shall be permitted to operate such a business unless their
place of business is equipped and operating to approved city standards
with equipment to recycle water for use within their facility. Washing
of vehicles in such facilities shall occur only between the hours
of 6:00 a.m. and 12:00 noon.
3.
Washing
trucks, trailers, and other types of mobile equipment (such as garbage
trucks and vehicles used to transport food and other perishables),
when such washing is necessary in order to protect the health, safety
and welfare of the public, shall be restricted to the hours of sundown
to 12:00 noon. Such washing when allowed, shall be done with a hand-held
bucket or hand-held hose equipped with a positive shutoff nozzle for
quick rinses. The nozzle shall be removed when the hose is not in
use.
F.
All
eating and drinking establishments of any kind including, but not
limited to, any restaurant, hotel, café, cafeteria, bar or
club, whether public or private, shall not provide drinking water
to any person unless it is expressly requested.
G.
Washing
sidewalks, driveways, public and private parking areas, tennis courts,
patios, or other paved areas, except to alleviate an immediate health
hazard, is prohibited.
H.
The refilling or adding of water to existing swimming pools is prohibited except on designated outdoor water use days which shall be the same days as outdoor water is permitted pursuant to subsection D of this section. New pool construction filling shall be by permit only.
I.
Any
non-business, operation-related pond, ornamental fountain or other
structure making similar use of water is prohibited.
J.
The
watering of golf course tee areas and fairways is prohibited unless
done with reclaimed wastewater.
(Prior code § 7735.00; Ord. 1786 § 1, 2005)
A.
Review
Board—Variances, Permits and Compliance Agreements. A review
board is established to review special cases which cannot follow the
letter of this chapter. The review board shall consist of the water
utility director, the city engineer, the fire chief, the city planning
director and the city attorney, or their appointed representative.
B.
Appeal
of review board decisions shall be made to the city council. It is
the purpose of the review board to review special cases and to determine
whether or not such cases warrant a variance, permit or compliance
agreement including conditions of approval. The board shall consider
the facts of each case and decide whether to grant a variance or a
permit or to enter into a compliance agreement within five working
days of the receipt of a properly completed application for variance/permit/compliance
agreement form.
C.
A variance
shall be granted only for reasons of economic hardship, which is defined
as a threat to an individual business's primary source of income.
(Under no circumstances shall inconvenience or the potential for damage
of landscaping be considered an economic hardship, which justifies
a variance.) The board shall authorize only the implementation of
equitable water use restrictions which further the purpose and intent
of the water conservation plan. The special water use restrictions
authorized by the board in each case shall be set forth on the face
of the variance, permit or compliance agreement. A nonrefundable fee
of $50.00 per permit application for all requests shall be assessed
to reimburse the city for administrative costs.
D.
1.
A
variance or permit issued under moderate shortage shall not be valid
upon implementation of high or severe shortage stages unless the permit
specifically addresses either or both of those stages upon initial
issuance. The multistage permit would have to reflect significant
additional savings of water, or nonuse of water, under progressively
more critical shortage stages. A variance or permit shall expire under
its own terms and conditions and/or when another water conservation
stage is in effect.
2.
Exception.
If, within the period of the permit, the conservation stage for which
the permit was originally issued is reinstated, the permit will be
considered valid until the original expiration date, as long as that
conservation stage is in effect.
E.
Any
person, corporation or association who is issued a variance or permit
and makes use of water pursuant to the variance, permit or compliance
agreement shall provide proof of the variance, permit or compliance
agreement upon demand by any peace officer or person authorized by
the city to enforce this title.
F.
Upon
conviction of a person, corporation or association of violating any
provision of this chapter, the review board shall revoke any permit,
variance, or compliance agreement previously granted. However, the
board shall notify applicant of the proposed revocation five working
days before taking such action, and applicant shall be given the opportunity
to be heard by the review board prior to its taking such action.
G.
Persons
wishing to appeal the decision of the review board shall have the
right of appeal to the city council. Appeal shall be made in writing
within 10 working days of the review board decision. The decision
of the city council shall be final.
(Prior code § 7736.00; Ord. 1786 § 1, 2005)
