Colton Municipal Code Ch. 13.28 Water Conservation Plan

Pursuant to Article X, section 2 of the California Constitution, the City Council declares that the waters of the State are to be put to maximum beneficial use, that the waste or unreasonable use, or unreasonable method of use of water be prevented, and that the conservation of such water must occur to protect the people and property of the State. This chapter establishes the City of Colton Water Conservation Plan.

(Ord. No. O-09-14, § 2, 9-16-2014)

The purpose of this chapter is to adopt a water conservation plan that establishes water conservation measures that conserve City water supplies for the greatest public benefit and reduce the quantity of water used by the City's water customers. The Water Conservation Plan is hereby established to extend and preserve the available water resources required for the basic needs of human consumption, sanitation and fire protection.

(Ord. No. O-09-14, § 2, 9-16-2014)

For the purposes of this Chapter 13.28, the following words, terms, and phrases shall have the following meanings:

"City" means the City of Colton.

"City Manager" means the City Manager of the city or his authorized designee.

"Customer" means a person who, according to the city's records, receives water service to a parcel of property.

"Department" means the City's Water/Wastewater Department.

"Director" means the Director of the City Water/Wastewater Department or his authorized designee.

"Enforcement Officer" means any individual employed or otherwise charged by the City to inspect or enforce codes, ordinances, mandates, regulations, resolutions, rules or other laws adopted by the City Council or other regulatory bodies.

"Notice of Violation" means a notice provided by the City to any person who as violated any provisions of this Chapter 13.28.

"Person" means any natural person, firm, joint venture, joint stock company, partnership, public or private association, club, company, corporation, business trust, organization, public or private agency, government agency or institution, school district, college, university, any other user of water provided by the City, or the manager, lessee, agent, servant, officer or employee of any of them or any other entity which is recognized by law as the subject of rights or duties.

"Water Conservation Plan" means the water conservation plan established pursuant to this chapter.

"Water shortage emergency" means a condition existing within the city in which the ordinary water demands and requirements of persons within the city cannot be satisfied without depleting the water supply of the city to the extent that there would be insufficient water for human consumption, sanitation, and fire protection. A water shortage emergency includes both an immediate emergency, in which the city is unable to meet current water needs of persons within the city, as well as a threatened water shortage, in which the city determines that its supply cannot meet an increased future demand.

(Ord. No. O-09-14, § 2, 9-16-2014)

The provisions of this chapter shall apply to all persons, customers, and property served water by the City, and shall also apply to all property and facilities owned, maintained, operated, or otherwise under the jurisdiction of the City.

(Ord. No. O-09-14, § 2, 9-16-2014)

No water user shall make, cause, use, or permit the use of water supplied by the City for residential, commercial, industrial, agricultural, governmental or any other use in the manner contrary to this chapter. Waste or the unreasonable or non-beneficial use of water is prohibited in the City. Service may be terminated to any customer who knowingly and willfully violates any provision of this Chapter.

(Ord. No. O-09-14, § 2, 9-16-2014)

The Director shall recommend guidelines for adoption by the City Council setting forth the criteria to determine when water supply conditions in the City require the implementation or termination of each water conservation stage. Such guidelines shall be updated when the Director determines availability of water so requires.

(Ord. No. O-09-14, § 2, 9-16-2014)

A. The Department shall monitor the projected supply and demand for water by its customers on a daily basis during the months of June, July, August, September, and October and shall recommend to the City Manager the extent of conservation required through the implementation and/or termination of particular conservation stages to allow the Department to prudently plan for and supply water to its customers. Thereafter, the City Manager may recommend to the City Council the implementation or termination of the appropriate stage of water conservation in accordance with the applicable provisions of this chapter.

B. The City Council may implement or terminate the appropriate conservation stage pursuant to Section 13.28.070 of this chapter. Notice of the implementation of successive stages of water conservation shall be given to water users immediately both by publication at least once in a newspaper of general circulation within ten days after adoption, and by notice enclosed with the next regular city invoice for water utility service or delivered by U.S. Mail.

C. If the City Council cannot meet in time to act to protect the public interest pursuant to this chapter, the City Manager or his designee is hereby authorized and directed to implement such provisions of this chapter upon his or her written determination that the City cannot supply adequate water to meet the ordinary demands of water consumers, and that such implementation is necessary to protect the public health or safety. Such written determination shall be presented to the City Council at its next meeting for review, revocation, or ratification. Such meeting shall be held as soon as possible.

(Ord. No. O-09-14, § 2, 9-16-2014)

A. Stage I, Normal Conditions. Water Conservation Stage I applies during periods when the City is able to meet all of the water demands of its customers. Water Conservation Stage I is in effect at all times unless the City Council otherwise declares that another water conservation stage is in effect pursuant to this chapter. The following water conservation measures apply during Stage I:

1. The following water uses are recommended:

a. Water conservation should be practiced within homes and business at all times.

b. Sprinklers and irrigation systems should be adjusted to avoid overspray, runoff in excess of five minutes, or other waste.

c. Use of potable water for irrigating or watering turf, gardens, landscaped areas, trees, shrubs, or other plants utilizing individual sprinkler systems should only be done between the hours of 6:00 p.m. and 10:00 a.m. (agricultural accounts are excluded from the time of irrigation restrictions). Drip irrigation and hand watering with a handheld hose or faucet filled bucket are exempt from this recommendation.

d. All restaurants are requested not to serve water to their customers unless specifically requested by the customer.

2. The following uses of water are hereafter considered non-essential to the public health, safety and welfare, constitute the waste of water, and are hereby prohibited at all times:

a. Use of potable water to clean sidewalks, walkways, driveways, parking areas, patios, porches, verandas, tennis courts, or other paved, concrete, or other hard surface areas, except where necessary for the benefit of public health or safety.

b. Use of potable water to clean, fill, or maintain decorative fountains, lakes, or ponds, unless such water is recycled.

c. Permitting potable water to escape from leaks within the customer's plumbing system. All water leaks from a customer's plumbing system shall be repaired in a timely manner.

d. Washing of automobiles, boats, trailers, aircraft, or other vehicles by hose without a shutoff nozzle and bucket, except to wash such vehicles at commercial or fleet vehicle washing facilities. Provided, however, such washings are exempt from these regulations when health, safety, and welfare of the public is contingent upon frequent vehicle cleaning, such as garbage trucks and vehicles used to transport food or perishables.

B. Stage II, Water Alert. Stage II applies during periods when the City will not be able to meet all of the water demands of its customers. The following mandatory conservation measures shall apply during Stage II:

1. All measures listed under Stage I, Subsection 13.28.080A.

The use of potable water for irrigating or watering turf, groundcover, gardens, landscaped areas, trees, shrubs, or other plants utilizing individual sprinkler systems shall only be permitted between the hours of 6:00 p.m. and 8:00 a.m. Agricultural accounts are excluded from the time of irrigation restrictions. Drip irrigation and hand watering with a handheld hose with a positive shutoff nozzle or faucet filled bucket are exempt from these restrictions.

2. No restaurant, hotel, cafe, cafeteria or other public place where food is sold, served, or offered for sale, shall serve drinking water to any customer unless expressly requested.

3. Washing of automobiles, boats, trailers, aircraft, and other types of mobile equipment shall be prohibited unless done with a hand-held bucket or hand-held hose equipped with a positive shutoff nozzle for quick rinses. This section does not apply to the washing of the above-listed vehicles or mobile equipment when conducted at a commercial car wash utilizing a recycling system. Provided, however, such washings are exempt from these regulations when the health, safety, and welfare of the public is contingent upon frequent vehicle cleaning, such as garbage trucks and vehicles used to transport food or perishables.

4. Golf course customers and commercial nursery customers shall curtail all non-essential water use and shall irrigate or water turf, groundcover, gardens, landscaped areas, trees, shrubs, or other plants only between the hours of 10:00 p.m. and 6:00 a.m., where possible. These customers shall reduce their potable water consumption by fifteen percent of their prior year's consumption for the comparable billing period.

5. Outdoor irrigation and watering of turf, gardens, landscaped areas, trees, shrubs, or other plants utilizing individual sprinkler systems in parks, schools, publicly-owned property, and the public rights-of-way shall be permitted only between the hours of 10:00 p.m. and 6:00 a.m. These customers shall reduce their potable water consumption by fifteen percent of their prior year's consumption for the comparable billing period.

6. The use of potable water for compaction, dust control, and other types of construction shall be allowed only pursuant to a permit issued by the Department. Use of potable water for such purposes shall be limited to the conditions of the permit or may be prohibited as determined by the Director or his designee.

C. Stage III, Water Warning. Stage III applies during periods when the City will not be able to meet all of the water demands of its customers. The following mandatory Conservation measures Shall apply during Stage III:

1. All measures listed under Stage I (Section 13.28.080A) and Stage II (Section 13.28.080B).

2. Washing of automobiles, boats, trailers, aircraft, and other types of mobile equipment is prohibited. Washing of the above-listed vehicles or mobile equipment Shall only be allowed at a commercial car wash utilizing recycling systems. Provided, however, such washings are exempt from these regulations when the health, safety, and welfare of the public is contingent upon frequent vehicle cleaning, such as garbage trucks and vehicles used to transport food or perishables.

3. New water service connections May be permitted, but the use of potable water for any new service connection before occupancy of any premises Shall be permitted only for essential construction and testing of landscape irrigation systems. The installation of new landscaping for any new development and/or project must be approved by the Department.

4. Outdoor irrigation or watering of turf, groundcover, gardens, landscaped areas, trees, shrubs, or other plants by commercial nursery customers Shall be permitted only on even numbered days between the hours of eleven p.m. and six a.m., and only with a hand-held hose equipped with a positive shutoff nozzle or with drip irrigation. Commercial nursery customers Shall reduce their potable water consumption by twenty-five percent of the customer's prior year's consumption for the comparable billing period.

5. Outdoor irrigation or watering of turf, groundcover, gardens, landscaped areas, trees, shrubs, or other plants by all golf course customers Shall be permitted only on odd numbered days, between the hours of eleven p.m. and six a.m., unless the applicable irrigation system is equipped with an electronic moisture sensor control system, a weather based irrigation controller and/or drip irrigation system. Irrigation Shall be allowed to run for no more than fifteen minutes per station per occurrence. Golf course customers Shall reduce their potable water consumption by twenty-five percent of their prior year's comparable billing period.

6. Outdoor irrigation or watering of turf, groundcover, gardens, landscaped areas, trees, shrubs, or other plants at schools Shall be permitted only on odd numbered days, between the hours of eleven p.m. and six a.m., unless the applicable irrigation system is equipped with an electronic moisture sensor control system, a weather based irrigation controller and/or drip irrigation system. Irrigation Shall be allowed to run for no more than fifteen minutes per station per occurrence. Water consumption at all school property Shall be reduced by twenty-five percent of the customer's prior year's comparable billing period.

7. Outdoor irrigation or watering of turf, groundcover, gardens, landscaped areas, trees, shrubs, or other plants at all publicly-owned property Shall be permitted only on even numbered days, between the hours of eleven p.m. and six a.m., unless the applicable irrigation system is equipped with an electronic moisture sensor control system, a weather based irrigation controller and/or drip irrigation system. Irrigation Shall be allowed to run for no more than fifteen minutes per station per occurrence. Water consumption at all publicly-owned property Shall be reduced by twenty-five percent of the customer's prior year's comparable billing period unless they are using reclaimed water.

8. Outdoor irrigation or watering of turf, groundcover, gardens, landscaped areas, trees, shrubs, or other plants for all other customers Shall only be permitted as follows:

i. Customers with addresses ending in an even number Shall be permitted to irrigate or water on Mondays, Wednesdays and Saturdays only, customers with addresses ending in an odd number Shall water on Tuesdays, Thursdays and Saturdays only. Such restrictions Shall not apply to any customer whose property is equipped with an electronic moisture sensor control system, a weather based irrigation controller and/or drip irrigation system.

ii. All watering Shall be permitted only between the hours of eight p.m. and six a.m.

iii. Irrigation Shall be allowed to run for no more than ten minutes per station per occurrence.

9. The application of potable water, by any customer type, to outdoor landscapes during and within forty-eight hours after measurable rainfall is prohibited, unless the property is equipped with an electronic moisture sensor control system and/or a weather based irrigation controller.

10. Water being used during repair or maintenance of a customer's watering system Shall be exempt from this section.

11. Swimming pools, ornamental pools, fountain and artificial lakes Shall not be filled or refilled after being drained, unless prior approval is obtained from the Department.

12. Water used for compaction, dust control, and other types of construction Shall only be authorized by a permit issued by the Department and Shall be limited to the conditions of the permit or May be prohibited as determined by the Director or his designee.

13. All agricultural customers Shall irrigate or water only at times approved by the Department.

14. Operators of hotels and motels Shall provide guests with the option of choosing not to have towels and linens laundered daily. The hotel or motel Shall prominently display notice of this option in each guestroom using clear and easily understood language.

D. Stage IV, Water Emergency. Stage IV shall apply when the ordinary demands and requirements of City water customers cannot be satisfied without depleting the City water supply to the extent that there would be insufficient water for human consumption, sanitation and fire protection. A water shortage emergency includes both an immediate emergency, in which the City is unable to meet current water needs of persons within the City, as well as a threatened water shortage, in which the City determines that its supply cannot meet an increased future demand. The following mandatory conservation measures shall apply during Stage IV:

1. All measures listed under Stage I (Section 13.28.080A), Stage II (Section 13.28.080B), and Stage III (Section 13.28.080C).

2. No potable water shall be used for construction purposes. All construction meters shall be locked off or removed.

3. Commercial nursery customers shall water only on designated irrigation days (based on property address number) between the hours of 11:00 p.m. and 6:00 a.m. and only with a hand-held hose equipped with a positive shutoff nozzle or with a drip irrigation system.

4. Outdoor irrigation or watering of turf, groundcover, gardens, landscaped areas, trees, shrubs, or other plants shall be prohibited for all other customers.

5. The filling, refilling, or adding of water to uncovered swimming or wading pools and spas shall be prohibited at all times.

6. The operation of any ornamental fountain or similar structure shall be prohibited.

7. The issuance of new water service connections and meters shall be prohibited.

8. Washing of vehicles or mobile equipment used for purposes such as garbage collection or transporting foods shall only be allowed when health, safety, and welfare of the public is contingent upon frequent vehicle cleaning, and shall be authorized only pursuant to a permit issued by the Department.

9. The use of water shall be limited to essential household, commercial, manufacturing, or processing uses only, except where other uses may be allowed pursuant to a permit issued by the Department.

10. Other restrictions may be necessary during a declared Water Shortage Emergency, to safeguard the adequacy of the water supply for domestic, sanitation, fire protection, and environmental requirements.

(Ord. No. O-09-14, § 2, 9-16-2014; Ord. No. O-08-15, § 2, 6-2-2015)

A. No exemption shall be granted to any person for any reason in the absence of a showing that the restrictions herein would:

1. Cause an unnecessary and undue hardship to the person or the public; or

2. Cause an emergency condition affecting the health, sanitation, fire protection or safety of the person or of the public.

B. The City Manager may grant exemptions for uses of water otherwise prohibited by the regulations set forth in Chapter 13.28. Any person requesting an exemption from the provisions of Chapter 13.28 shall submit to the Department an application for an exemption stating the justified circumstances. The application shall be in a form prescribed by the Department. If the exemption is not granted, the person may submit an appeal in writing pursuant to Section 13.28.120.

C. Inconvenience or the potential for damage to landscaping shall not be considered for exemption from any section of this chapter.

D. When a Stage II or III has been declared and is in effect, a thirty-day exemption will be granted for the installation of drought tolerant landscaping, new construction or re-landscaping of property, only by a permit issued by the Department. No exemption shall be granted or permit issued when a Stage IV has been declared and is in effect.

(Ord. No. O-09-14, § 2, 9-16-2014)

A. Violations—In addition to the remedy of criminal prosecution available to the City as described in Subsection 13.28.100, a violation of any water use restrictions of this Chapter 13.28 currently in effect may result in the imposition of fines, water use restrictions, and/or termination of water service as set forth below:

1. First Violation—Notice of Non-compliance. A written warning, accompanied by a copy of this chapter, will be delivered by U.S. Mail and/or hung on customer's door. Any such notice of violation shall specify a reasonable period to achieve compliance, and shall be directed to the customer of record for the premises where the noncompliance was observed.

2. Second Violation—Warning. A written warning and notice of the future imposition of a fine to be collected on the customer's utility bill will be issued. Any such notice of violation shall require compliance within three calendar days, and shall be directed to the customer of record for the premises where the noncompliance was observed. Delivery will be made by Certified U.S. Mail and/or by personal delivery with a declaration of delivery returned to the City Manager.

3. Third Violation (within one year). A citation will be issued and a fine of one hundred dollars will be imposed and collected on the customer's next regular utility bill.

4. Fourth Violation (within one year of the first violation). A citation will be issued, a fine of two hundred dollars will be imposed and collected on the customer's next regular utility bill, and a flow restricting device will be installed on the meter serving the customer's property for a minimum of ninety-six hours. The restricted flow shall meet minimum County Health Department standards, if any have been established. If the ninety-six hour period ends on a weekend or holiday, full service will be restored during the next business day.

5. Fifth Violation (within one year of the first violation). A citation will be issued, a fine of five hundred dollars will be imposed, and service will be terminated for such period as the City Manager determines to be appropriate under the circumstances. Prior to termination of service, the customer may submit an appeal pursuant to the procedures set forth in Section 13.28.120. Written notice of a hearing to consider any appeal shall be mailed to the customer at least ten calendar days before the hearing.

6. Any person subject to a fine pursuant to this Section 13.28.100 may file an appeal pursuant to Section 13.28.120.

B. Fines, Additional Charges. Any fine imposed pursuant to Chapter 13.28 shall be in addition to the basic water rates and other charges of the Department for the account and shall appear on and be payable with the billing statement for the period during which the violation occurred; non-payment shall be subject to the same remedies available to the Department as for non-payment of basic water rates.

In addition to any surcharge, a customer violating this chapter shall be responsible for payment of the Department's charges for installing and/or removing any flow restricting device and for disconnecting and/or reconnecting service per the Department's Water Rules and Rate Schedule then in effect. Such charges shall be paid prior to the removal of the flow restrictor or reconnection of service, whichever the case may be.

C. Non-liability for Damage. The customer or resident who violates this chapter assumes responsibility for injury to the customer and/or other residents/occupants receiving service, including emotional distress and/or damage to the customer's private water system and/or to other real or personal property owned by the customer or by a third party resulting from the installation and operation of a flow restricting device or from termination of service; said customer shall thereby be deemed to have:

1. Waived any claim for injury or for damage to the customer's property which the customer may have otherwise have against the City; and

2. Agreed to indemnify, defend, and hold the City harmless from claims by third parties for injury or property damage arising or claimed to arise out of the City's installation and/or operation of a flow restricting device or termination of water service.

(Ord. No. O-09-14, § 2, 9-16-2014)

This Chapter is adopted pursuant to Section 375 of the California Water Code. Any second or subsequent violation of this Chapter 13.28 after notice is provided as specified in Section 13.280.100 may be prosecuted as a misdemeanor.

(Ord. No. O-09-14, § 2, 9-16-2014)

A. The City Manager, or his designated Enforcement Officer, shall determine when any violation of this Chapter 13.28 has occurred and shall issue a Notice of Violation. Any person receiving notice of a second or subsequent violation pursuant to Section 13.28.100 of this chapter shall have a right to a hearing by the City Manager. The customer's written request for a hearing must be received within ten calendar days of mailing or other delivery of the notice of violation. Any Notice of Violation not timely appealed shall be final. Upon receipt of a timely appeal, a hearing shall be scheduled within fifteen calendar days. Written notice of the hearing shall be mailed at least eight calendar days before the date of said hearing.

B. The customer's written request for a hearing within the ten calendar day period shall automatically stay the imposition of monetary fines on the customer's utility bill until the City Manager renders his or her decision. The decision of the City Manager shall be final and not subject to further appeal pursuant to this code.

C. Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the City Manager or the Enforcement Officer may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violation and the current declared water condition.

(Ord. No. O-09-14, § 2, 9-16-2014)

The City Manager may delegate all duties and responsibilities hereunder.

(Ord. No. O-09-14, § 2, 9-16-2014)

If any provision, section, subsection, sentence, clause or phrase of this chapter, or the application of same to any person or set of circumstances is held to be unconstitutional, void, or invalid, such decision shall not affect the remaining portions of this chapter which shall remain in full force and effect, and all provisions of this chapter are declared to be severable for that purpose.

(Ord. No. O-09-14, § 2, 9-16-2014)

To the extent any provision of this chapter is incompatible with or at variance with any prior adopted ordinance or resolution, the provisions of this chapter shall take precedence, and all prior ordinances and resolutions shall be interpreted to harmonize with and not change the provisions of this chapter.

(Ord. No. O-09-14, § 2, 9-16-2014)

The City Council determines that the adoption of this chapter and implementation of the measures set forth herein are exempt from review under the California Environmental Quality Act of 1970 because they constitute a project undertaken as immediate action necessary to prevent or mitigate a water shortage emergency, and to protect natural resources.

(Ord. No. O-09-14, § 2, 9-16-2014)