Barstow Municipal Code Ch. 13.40 Water Conservation Plan

For the purpose of this chapter, the following definitions shall apply, unless the context or subject matter otherwise requires:

Excess runoff means water accumulation on streets, gutters, neighboring properties or other in an amount sufficient to cause flow.

New development means any addition, extension, conversion, or enlargement of an existing structure, or any new construction requiring a building permit.

(Code 1969, § 13.40.010; Ord. No. 618, § 2(part), 1989)

The provisions of this chapter apply to all water users; water users being those persons, customers and property served within the incorporated boundaries of the city.

(Code 1969, § 13.40.020; Ord. No. 618, § 2(part), 1989)

Water users are deemed to have under control at all times their water distributions and facilities and to know the manner and extent of their water use and excess runoff.

(Code 1969, § 13.40.030; Ord. No. 618, § 2(part), 1989)

No water user within the city shall knowingly make, cause, use or permit the use of water for residential, commercial, industrial, agricultural, or any other purpose in a manner contrary to any provision of this chapter, or in an amount in excess of that use permitted by the conservation stages hereinafter designated:

(1) No water user shall cause or permit any water furnished to any property within the city to run or to escape from any hose, pipe, valve, faucet, sprinkler or irrigation device into any sidewalk, street or gutter, or to otherwise escape from the property if such running or escaping can reasonably be prevented.

(2) Commercial and noncommercial watering of grass, lawns, ground cover, open ground, shrubbery, crops, gardens and trees, including agricultural irrigation, in a manner or to an extent which allows substantial amounts of excess water to run off the area being watered shall not be permitted. A minimum amount of runoff which is a natural consequence of conservative watering, either by hand or mechanical sprinkling facilities, is permitted so long as such runoff is not excess as defined in section 13.40.010.

(3) Lawn watering, landscape irrigation, and watering of public and private recreation facilities is to be done only between 6:00 p.m. and 9:00 a.m. during the months of April through September. If a hand-held hose or drip irrigation system is used, watering may be done at any time. Watering of newly established landscaping also may be done at any time.

(4) Agricultural water users and commercial nurseries shall conduct watering between 6:00 p.m. and 11:00 a.m. during the months of April through September. If a hand-held hose or drip irrigation system is used, watering may be done at any time. Watering of livestock is permitted at any time.

(5) There shall be no washing down of sidewalks, driveways, parking lots, or other paved surfaces except to alleviate immediate fire or sanitation hazards.

(6) When not using a commercial automobile wash, the following shall apply:

a. Automobiles shall be washed using a bucket during the washing process.

b. A nozzle and hose which shuts off automatically when released shall be used for the rinsing process.

c. Automobiles may not be washed on public streets.

(7) Restaurants shall be asked not to serve water to customers, unless the customer specifically requests.

(Code 1969, § 13.40.040; Ord. No. 618, § 2(part), 1989)

All new development shall be in accordance with the provisions of this chapter as follows:

(1) Any additions to existing structures shall be equipped with low-flush toilets, as per California Health and Safety Code § 17921.3, and with low-flow showers and faucets, as per title 24, part 6, article 1, T20-1406F of the California Administrative Code, in addition to the insulating of all hot water lines, according to state energy commission regulations.

(2) Prior to project approval, guarantee of an adequate supply of potable water sufficient to meet essential private and domestic, sanitation and fire protection needs for the entire project shall be provided by a water purveyor or appropriate government agency.

(3) Prior to project approval for the development of a commercial vehicle wash, guarantee must be provided that a water recycling system shall be installed and efficiently utilized.

(4) Require that all environmental evaluations for proposed development include projections for the consumption of potable and (where feasible) reclaimed water, and for the generation and disposal of liquid and solid wastes.

(5) The use of drought tolerant plant species for landscaping purposes is suggested and encouraged.

(6) Large water users shall be encouraged to implement water recycling and reuse processes.

(7) Large water users shall be encouraged to submit a water conservation plan to the city manager's office and promote implementation of same.

(Code 1969, § 13.40.050; Ord. No. 618, § 2(part), 1989)

(a) The prohibited or restricted uses of water under this chapter shall not be applicable in those instances when the city manager or his designee finds:

(1) The use is essential to avoid an undue hardship for a water user;

(2) Special circumstances exist for a particular water user, as distinguished from other water users, which justify allowing an exception;

(3) The use is essential for required government or public utility services, including but not limited to, police protection, fire protection, sanitation, and other critical or emergency services; or

(4) The use is essential to maintain the public health and safety.

(b) Upon granting an exception, the city manager or his designee shall notify each member of the city council of the exception and the reason therefor.

(Code 1969, § 13.40.060; Ord. No. 618, § 2(part), 1989; Ord. No. 628, § 2, 1990)

(a) The city manager, city building officer, code enforcement officer or law enforcement officer shall give first-time violators of this chapter a courtesy notice of the violation. Upon second and subsequent violations, the violator shall receive a citation and fine.

(b) The first warning notice shall specify the nature of the violation, the date on which it occurred and the corrective measures to be taken. Upon a second violation, the water user shall be charged with an infraction and shall be subjected to the following fines:

(1) $50.00 for the first conviction.

(2) $100.00 for the second conviction.

(3) $200.00 for the third and each subsequent conviction, where the third and subsequent conviction constitutes a misdemeanor.

(Code 1969, § 13.40.070; Ord. No. 618, § 2(part), 1989)