Arcata Municipal Code Art. 6 General Use Regulations

The applicant may apply for as many services as may be reasonably required for his premises provided that the pipe line system from each service be independent of the others and that they not be interconnected. The cost of all services shall be borne by the applicant. Parcels under separate ownership shall not be allowed to be connected to single water service.

No customer shall permit leaks or waste of water. Where water is wastefully or negligently used on a customer’s premises, seriously affecting the general service, the Environmental Services Department may discontinue the service if such conditions are not corrected. (Ord. 1516, eff. 8/16/2019)

A. Findings. The City Council for the City of Arcata finds as follows:

1. On January 17, 2014, the Governor issued a proclamation declaring a state of emergency exists in California based on severe drought conditions.

2. On April 25, 2014, the Governor issued a proclamation of a continued state of emergency based on continued drought conditions.

3. On April 1, 2015, based on continued drought conditions, the Governor issued an executive order directing the State Water Resources Control Board ("State Board") to develop regulations that impose restrictions on water service suppliers to achieve Statewide a twenty-five percent (25%) reduction in potable urban usage through February 28, 2016; to require commercial, industrial, and institutional users to implement water efficiency measures; to prohibit irrigation with potable water of ornamental turf in public street medians; and to prohibit irrigation outside newly constructed homes and buildings with potable water that is not delivered by microspray systems.

4. On May 7, 2015, the State Board adopted amendments to prior State Board emergency water conservation regulations to implement the Governor’s April 1, 2015, executive order ("emergency regulation").

5. Pursuant to the emergency regulation, the City of Arcata must require its water customers to implement specific Statewide water conservation measures, and, additionally, must reduce the City’s residential gallons per capita day (R-GPCD) water usage by eight percent (8%) for each month as compared to water usage in the same month of 2013, effective June 1, 2015.

6. This Section is intended to implement the State Board’s emergency regulation and provide notice to the City’s water customers about the applicable prohibitions and restrictions that are in effect.

B. Mandatory Water Conservation Measures. To prevent the waste and unreasonable use of water and to promote water conservation, each of the following actions is prohibited, except where necessary to address an immediate health and safety need, to comply with a term or condition in a permit issued by a State or Federal agency, or if pursuant to specific water conservation policy adopted by resolution of the City Council:

1. The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures.

2. The application of potable water to outdoor landscapes and turf during and within forty-eight (48) hours after measurable rainfall.

3. The application of potable water to outdoor ornamental landscapes and turf more than four (4) days per calendar week except for commercial nurseries.

4. The application of potable water to outdoor landscapes and turf between the hours of 10:00 a.m and 6:00 p.m.

5. The application of potable water to outdoor landscapes and turf by hose; except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use or to meet the initial watering requirements of newly planted landscaping and newly seeded lawns.

6. The irrigation with potable water of ornamental turf on public street medians except where necessary to protect trees.

7. The irrigation with potable water of landscapes outside of newly constructed homes and building in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development.

8. The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use.

9. The application of potable water to hard surfaces including, but not limited to, driveways, sidewalks, patios, parking lots, streets, or similar surfaces except as necessary by the City for street sweeping and to otherwise protect the public health or safety.

10. The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system.

11. The serving of drinking water other than upon request in eating or drinking establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served and/or purchased.

12. The failure of hotel and motel operators to prominently display in each guest room using clear and easily understood language a notice of the option for guests to choose not to have towels and linens laundered daily. (Ord. 14621, eff. 6/17/2015)

All facilities installed by the Environmental Services Department on private property for the purposes of rendering water service shall remain the property of the City and may be maintained, repaired or replaced by the Environmental Services Department without consent or interference of the owner or occupant of the property. The property owner shall use reasonable care in the protection of the facilities. No payment shall be made for placing or maintaining said facilities on private property. No persons shall place or permit the placement of any object in a manner which will interfere with the free access to a meter box or will interfere with the reading of a meter. (Ord. 1516, eff. 8/16/2019)

The customer shall be liable for any damage to the City-owned customer water service facilities when such damage is from causes originating on the premises by an act of the customer or his tenants, agents, employees, contractors, licensees or permittees, including the breaking or destruction of locks by the customer or others on or near a meter, and any damage to a meter that may result from hot water or steam from a boiler or heater on the customer’s premises. The Environmental Services Department shall be reimbursed by the customer for any such damage promptly on presentation of a bill. (Ord. 1516, eff. 8/16/2019)

All persons are forbidden to attach any ground wire or wires to any plumbing which is or may be connected to a service connection or main belonging to the Environmental Services Department; the City will hold the customer liable for any damage to its property occasioned by such ground-wire attachments. (Ord. 1516, eff. 8/16/2019)

The customer shall provide a valve on his side of the service installation as close as is practicable to the meter location, street, highway, alley or easement in which the water main serving the customer’s property is located, to control the flow of water to the piping on his premises. The customer shall not use the service curb stop to turn water on and off for his convenience.

No person shall draw water from City pipes directly into any stationary steam boiler, hydraulic elevator, power pump or similar apparatus.

Where City water is used to supply a steam boiler, hydraulic elevator or power pump, its owner shall provide tankage of sufficient capacity to afford a supply of at least twelve (12) hours, into which the service pipe shall be discharged.

All services furnished to the City shall be paid for at the rates established by this Chapter, and all water furnished to the City shall be paid for at the meter rates established by this Chapter or any resolution adopted pursuant to it.

For the purpose of applying the meter rates, un-metered water used for sewer flushing shall be considered as having been furnished through a single meter. Un-metered water used for street sweeping, watering trees, storm drain flushing, construction purposes by City forces, and all miscellaneous uses not herein specifically mentioned, shall be deemed to have been furnished through a single meter. The monthly volume of un-metered water used for such purposes shall be estimated by the City Manager, and charges for such water shall be made in accordance with such estimate.

The City shall not be liable for damage which may result from an interruption in service from a cause beyond the control of the Environmental Services Department. Temporary shutdown may be made by the Environmental Services Department to make improvements and repairs. Whenever possible and as time permits, all customers affected will be notified prior to making such shutdowns. The City will not be liable for interruption, shortage or insufficiency of supply, or for any loss or damage occasioned thereby, if caused by accident, act of God, fire, strikes, riots, war or any other cause not within its control. (Ord. 1516, eff. 8/16/2019)

Representatives from the Environmental Services Department shall have the right of ingress and egress to the customer premises at reasonable hours for any purpose reasonably connected with the furnishing of water service. (Ord. 1516, eff. 8/16/2019)