Calexico Municipal Code Ch. 13.40 Restrictions on Outdoor Use of Water During Statewide Drought Conditions

A. The purpose of this chapter is to establish a water conservation and supply shortage program that will reduce water consumption within the city and its service territory through conservation, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, and maximize the efficient use of water within the city and its service territory to avoid and minimize the effect and hardship of water shortage to the greatest possible extent.

B. This chapter establishes permanent water waste and conservation standards intended to alter behavior related to water use efficiency at all times and further establishes two levels of water supply shortage response actions to be implemented during times of declared water shortage or declared water shortage emergency, with increasing restrictions on water use in response to worsening drought or emergency conditions and decreasing supplies.

C. The provisions of this chapter are intended to achieve consistency with California Code of Regulations, Title 23, Sections 863 through 865.

D. The provisions of this chapter shall be distinct and cumulative from, and remain consistent with Sections 13.24.010 and 13.24.020 and the city's adopted urban water management plan, concerning shortages in local water supply.

(Ord. No. 1155, § 2, 8-19-14; Ord. No. 1156, § 2, 9-2-14)

As used in this chapter, unless a different meaning is apparent from the context or is specified elsewhere in this Code, the following words shall have the following meanings:

A. "City" means the area within the territorial city limits of the city and such territory outside of this city over which the city has jurisdiction or for which the city water department provides water service.

B. "Council" means the city council of this city.

C. "Person" means any individual person or persons, corporation, public or private entity, governmental agency or institution, including all agencies and departments of the city, or any other user of water provided by the city water department.

D. "Customer" means any person, persons, association, corporation, or governmental agency supplied and billed for water service by the city water department.

E. "Department" means the city water department, its divisions, and its employees.

F. "Potable water" means water that is suitable for drinking.

G. "Recycled water" means the reclamation and reuse of non-potable water for beneficial use.

(Ord. No. 1155, § 2, 8-19-14; Ord. No. 1156, § 2, 9-2-14)

The provisions of this chapter apply to any person in the use of any potable water provided by the department, except for the following water uses:

A. Water necessary for water system or fire suppression system testing and maintenance, or fire suppression and other similar emergency services affecting public health and safety.

B. Water necessary to protect public health and safety as determined in the discretion of the department and/or the council.

C. Any use of recycled water.

D. The use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial use.

(Ord. No. 1155, § 2, 8-19-14; Ord. No. 1156, § 2, 9-2-14)

The department shall monitor and evaluate the projected supply and demand for water by its customers and any state proclamations regarding drought conditions. In the event of a water shortage and/or statewide drought, the department shall recommend that the council make a determination that a water shortage exists and that the level 2 water conservation plan shall take effect, as provided in this chapter. The council may discontinue any level or may implement another level as necessary. Upon a finding by the council that a water shortage no longer exists, any water shortage level then in effect shall terminate.

(Ord. No. 1155, § 2, 8-19-14; Ord. No. 1156, § 2, 9-2-14)

Under a level 1 water conservation plan, there are no outdoor water use restrictions and the level 2 water conservation plan restrictions specified in Section 13.40.060, shall not be applicable.

(Ord. No. 1155, § 2, 8-19-14; Ord. No. 1156, § 2, 9-2-14)

Under a level 2 water conservation plan, the following restrictions on a person's use of potable water shall apply:

A. Watering of lawns and ornamental landscapes shall be limited to three times per week on the following days:

1. Properties located North of Highway 98 shall water on Tuesdays, Thursdays, and Saturdays only

2. Properties located South of Highway 98 shall water on Mondays, Wednesdays, and Fridays only;

B. Watering of lawns and ornamental landscapes is prohibited between the hours of nine a.m. and six p.m.;

C. 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 is prohibited;

D. The use of a hose that dispenses potable water to wash a motor vehicle is prohibited, unless the hose if fitted with a shut-off nozzle or other device attached to the hose that causes it to cease dispensing water immediately when not in use;

E. The application of potable water to driveways and sidewalks is prohibited;

F. The use of potable water in a fountain or decorative water feature is prohibited unless the water is re-circulated.

(Ord. No. 1155, § 2, 8-19-14; Ord. No. 1156, § 2, 9-2-14)

All means of enforcement authorized under this code may be used to address violations of this chapter, including, but not limited to: criminal actions, nuisance abatement, civil actions, and administrative citations. Violations of this chapter are punishable as an infraction and subject to fine of up to five hundred dollars per violation, per day.

(Ord. No. 1155, § 2, 8-19-14; Ord. No. 1156, § 2, 9-2-14)

The rights of the department hereunder shall be cumulative to any other right of the department to discontinue service.

(Ord. No. 1155, § 2, 8-19-14; Ord. No. 1156, § 2, 9-2-14)

In addition to the penalties provided in this chapter, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and may be, by the city, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense.

(Ord. No. 1155, § 2, 8-19-14; Ord. No. 1156, § 2, 9-2-14)

If any section, subsection, sentence, clause or phrase in this chapter is for any reason held invalid, the validity of the remainder of the chapter will not be affected. The council hereby declares it would have passed this chapter and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases or is declared invalid.

(Ord. No. 1155, § 2, 8-19-14; Ord. No. 1156, § 2, 9-2-14)