Blue Lake Municipal Code Ch. 9.04 Water Shortage Emergency Regulations

A. The Council of the City of Blue Lake has declared that a water shortage emergency condition prevails in the area served by the City of Blue Lake, due to conditions prevailing throughout the State of California and especially in the service area of the Humboldt Bay Municipal Water District. This chapter is intended to allocate equitably the water available for human consumption, sanitation and fire protection.

B. The specific uses regulated or prohibited in this chapter are nonessential; if allowed, they would constitute wastage of water and should be prohibited pursuant to Water Code Section 350 et seq., Water Code Section 71640 et seq., and the common law.

C. The actions taken hereinafter are exempt from the provisions of the California Environmental Quality Act of 1970 as projects undertaken as immediate action necessary to prevent or mitigate an emergency pursuant to Section 15071(c) of the State EIR Guidelines.

For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

"City"

means the City of Blue Lake.

"Council"

means the elected City Council of the City of Blue Lake.

"Customer"

means any person using water supplied by the City of Blue Lake.

"Nonessential use"

means any use not required for human consumption, sanitation, or fire protection.

"Nonessential user"

means any user other than a domestic residential customer or facility providing for health and safety.

"Outdoor surface"

means any patio, porch, veranda, driveway or sidewalk.

"Person"

means any person, firm, partnership, association, corporation, company, or organization of any kind.

"Water"

means water from the City of Blue Lake.

"Water Committee"

means the committee consisting of the Water Commissioner, the Mayor and the Director of Public Works of the City of Blue Lake.

The provisions of this chapter shall apply to all customers using City water both in and outside the City of Blue Lake, regardless of whether any customer using water shall have a contract for water service with the City of Blue Lake.

The Water Committee shall adopt rules and procedures, and shall hold meetings from time to time, as the Water Committee shall deem necessary and convenient in carrying out the intents and purposes of this chapter.

No person whose historic monthly average water use during any three-month period exceeds 50,000 gallons per month, hereinafter called "large water users," shall irrigate, sprinkle, or water any shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens, vegetables, flowers, or any other vegetation except as assigned by the Water Committee after consultation with individual large water users.

While this chapter is in effect, no planting or landscaping required by the design review process or other City action shall be implemented unless the Water Committee determines that the health, safety or welfare of the public might be endangered.

No person or customer shall cause or permit any water furnished to him or her by the City of Blue Lake to run to waste in any gutter, or otherwise.

Whenever the Water Committee determines that the water available to the City of Blue Lake is insufficient to permit nonessential use and that all water then available to the City should be used solely for human consumption, sanitation, and fire protection, the Water Committee may order and direct individually or collectively that nonessential use shall not be permitted by any person or customer. While the order is in effect, no person or customer shall, with City furnished water, fill any swimming pool, wash any car or any outdoor surface, irrigate, sprinkle, or water any shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens, vegetables, flowers, or any other vegetation, or allow any other nonessential use of water as designated by order of the Water Committee. Violations shall be punished as provided in Section 9.04.100.

The Water Committee shall use every reasonable means to inform customers that such order is in effect.

Whenever the Water Committee determines that the water available to the City of Blue Lake is insufficient to meet the demands of customers of the City and that all water available to the City should be protected for human consumption, sanitation and fire protection, the Water Committee may order limits be imposed on individual consumption as determined and specified by resolution of the City Council, including penalties in addition to those specified in Section 9.04.100.

Except as otherwise provided herein, violations of any provision of this chapter shall be punished as follows:

The Water Committee shall forthwith direct and cause disconnection of the water service of any person or customer cited for a misdemeanor under this section. Such service shall be restored only upon payment of the turn-on charge fixed by the City Council. Each day any violation of this chapter is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

Each police officer of the City of Blue Lake shall, in connection with his or her duties imposed by law, diligently enforce the provisions of this chapter.

The Water Committee and all employees of the City of Blue Lake have the duty and are authorized to enforce the provisions of this chapter and shall have all the powers and authority contained in California Penal Code Section 836.5, including the power to issue written notice to appear.

The provisions of this chapter shall be in full force and effect only upon adoption by the City Council of a resolution declaring that a water emergency condition prevails pursuant to California Water Code Section 350 et seq.

The provisions of this chapter shall be of no further force or effect when the City Council determines that a water shortage no longer exists.