The purpose of this chapter is to establish mandatory drought conservation measures to prohibit wasting potable water during periods of severe water shortage. This is accomplished through provisions intended to reduce the wasting of potable water over an extended period of time, thereby extending the availability of potable water supply for residents and businesses throughout Livermore. Within areas of the City where water service is provided by any other water provider, the provisions of this chapter as to the prohibited uses and waste shall be applicable.
(Ord. 1995 § 3 (Exh. A), 2014; Ord. 1997 § 3 (Exh. A), 2014; Ord. 2132 § 1 (Exh. A), 2022)
A. 
To the extent authorized by law, this chapter shall apply to all water users in the City including water users outside the City water service area. For the purposes of this chapter, a "water user" means any person drawing water delivered to a business or residence in the City via a water system operated by a water retailer, as well as the individual in whose name the account with the water retailer is held.
B. 
For water users that are also customers of the City of Livermore's municipal water system, the provisions in this chapter are in addition to the conservation measures set forth in Chapter 13.26 LMC. The requirements in this chapter shall control in the event there is a conflict between the regulations.
C. 
The requirements in this chapter do not apply to water uses necessary to protect public health, safety, and welfare, for essential health care, or for government services such as police, fire, and other similar emergency services.
(Ord. 1995 § 3 (Exh. A), 2014; Ord. 1997 § 3 (Exh. A), 2014; Ord. 2065 § 1(A), 2018; Ord. 2132 § 1 (Exh. A), 2022)
No water user shall make, cause, use, or permit the use of potable water in the City in a manner contrary to any provision of this chapter. Each water user violating the requirements in this chapter shall be guilty of a separate offense for each day during which such violation occurred, continued, or was permitted.
(Ord. 1995 § 3 (Exh. A), 2014; Ord. 1997 § 3 (Exh. A), 2014; Ord. 2065 § 1(A), 2018; Ord. 2132 § 1 (Exh. A), 2022)
If the City adopts a resolution for a Stage 2 activation of its water shortage contingency plan for customers in the Livermore municipal water system area, the wasting of potable water throughout the City shall be prohibited for all water users, and the following restrictions shall apply to all water users:
A. 
Landscape irrigation, including construction meter irrigation, shall be reduced to no more often than three times per week on an odd-even schedule; properties with odd street address numbers are only allowed to water on Mondays, Wednesdays, and Fridays, and properties with even street address numbers are only allowed to water on Tuesdays, Thursdays, and Saturdays, with no watering permitted on Sundays for all addresses. On each day that landscape irrigation is permitted to occur, it may take place only after 6:00 p.m. and during the subsequent 15 hours, until 9:00 a.m. the next day.
B. 
Washing motor vehicles by hand is permitted only with the use of a hose fitted with a positive shut-off nozzle.
(Ord. 1995 § 3 (Exh. A), 2014; Ord. 1997 § 3 (Exh. A), 2014; Ord. 2037 § 3, 2016; Ord. 2065 § 1(A), 2018; Ord. 2132 § 1 (Exh. A), 2022)
If the City adopts a resolution for a Stage 3 activation of its water shortage contingency plan for customers in the Livermore municipal water system area, the wasting of potable water throughout the City shall be prohibited for all water users, and all the restrictions for a Stage 2 activation included in LMC § 13.27.040 shall apply to all water users with the following modifications or additions:
A. 
All swimming pools and spas shall be covered when not in use.
B. 
No potable water shall be used for compaction or dust control purposes for construction activities.
(Ord. 1995 § 3 (Exh. A), 2014; Ord. 1997 § 3 (Exh. A), 2014; Ord. 2065 § 1(A), 2018; Ord. 2132 § 1 (Exh. A), 2022)
If the City adopts a resolution for a Stage 4 activation of its water shortage contingency plan for customers in the Livermore municipal water system area, the wasting of potable water throughout the City shall be prohibited for all water users, and all the restrictions for a Stage 2 activation included in LMC § 13.27.040 and a Stage 3 activation included in LMC § 13.27.050 shall apply to all water users with the following modifications or additions:
A. 
All water users, excluding commercial nurseries, golf courses, and other water-dependent industries, shall be limited in the use of outdoor watering to hand-watering from a container of less than five-gallon capacity on Saturdays and Sundays only.
B. 
Potable water shall not be used for street washing or flushing, except to meet public health and safety requirements.
C. 
Washing of autos, trucks, trailers, boats, airplanes, and other types of mobile equipment is permitted only at commercial car wash facilities that use recycled or recirculating water.
D. 
Food service kitchens must be equipped with low-flow rinse nozzles.
E. 
Swimming pools, spas, and fountains must be leak-proof. Any leak shall be repaired within 72 hours of notification by City.
F. 
Potable water shall not be used to wash off impervious surfaces unless required for public health and safety.
G. 
Irrigation water shall not be allowed to run off such that water flows to adjacent properties, nonirrigated areas, or impervious surfaces.
(Ord. 1995 § 3 (Exh. A), 2014; Ord. 1997 § 3 (Exh. A), 2014; Ord. 2065 § 1(A), 2018; Ord. 2132 § 1 (Exh. A), 2022)
If the City adopts a resolution for a Stage 5 activation of its water shortage contingency plan for customers in the Livermore municipal water system area, the wasting of potable water throughout the City shall be prohibited for all water users, and all the restrictions for a Stage 2 activation included in LMC § 13.27.040, a Stage 3 activation included in LMC § 13.27.050, and a Stage 4 activation included in LMC § 13.27.060 shall apply to all water users with the following modifications or additions:
A. 
The irrigation of turf/lawn using potable water is prohibited.
B. 
All water users, excluding commercial nurseries, shall be limited to hand-watering non-turf-landscaped areas with a container of less than five-gallon capacity on Saturdays and Sundays only.
C. 
Potable water shall not be used to operate or maintain water levels in decorative fountains, basins, ponds, lakes, or waterways.
D. 
Food service establishments shall only serve water to customers upon request.
(Ord. 2132 § 1 (Exh. A), 2022)
If the City adopts a resolution for a Stage 6 activation of its water shortage contingency plan for customers in the Livermore municipal water system area in accordance with LMC § 13.26.110, the wasting of potable water throughout the City shall be prohibited for all water users, and all the restrictions for a Stage 2 activation included in LMC § 13.27.040, a Stage 3 activation included in LMC § 13.27.050, a Stage 4 activation included in LMC § 13.27.060, and a Stage 5 activation included in LMC § 13.27.070 shall continue to apply to all water users.
(Ord. 2132 § 1 (Exh. A), 2022)
If, due to unique circumstances, the application of a specific provision in this chapter would result in undue hardship to a water user, 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.
A. 
Written Finding. A hardship waiver may be granted or conditionally granted only upon a written finding of fact demonstrating an undue hardship to the water user 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 nonrefundable processing fee in an amount set by City Council resolution.
2. 
Supporting Documentation. The application should include 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 City 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 water use records, all of the following:
a. 
That a waiver does not constitute a grant of special privilege inconsistent with the limitations upon other water users;
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; and
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 to effectuate the purpose of this chapter and will not be detrimental to the public interest.
4. 
Approval Authority. The Public Works Director must act upon any completed application no later than 14 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.
(Formerly 13.27.070; Ord. 1995 § 3 (Exh. A), 2014; Ord. 1997 § 3 (Exh. A), 2014; Ord. 2065 § 1(A), 2018; Ord. 2132 § 1 (Exh. A), 2022)
A. 
Violations of this chapter may result in the issuance of an administrative citation with maximum fines pursuant to Chapter 1.20 LMC.
B. 
Nothing in this chapter shall be deemed to prevent the City from ordering the commencement of a civil proceeding to abate a public nuisance pursuant to the applicable law or from pursuing any other remedy available under applicable law and pursuant to LMC Title 1.
C. 
The Community Development Director shall designate specified employees to act as enforcement officers, who shall have the authority to enforce the provisions of this chapter and to issue administrative citations for violations of this chapter pursuant to Chapter 1.20 LMC.
(Formerly 13.27.080; Ord. 1995 § 3 (Exh. A), 2014; Ord. 1997 § 3 (Exh. A), 2014; Ord. 2065 § 1(A), 2018; Ord. 2132 § 1 (Exh. A), 2022)