Chapter 6.20 — WATER CONSERVATION

Editor's note— Ord. No. 667, § 1, adopted July 7, 2015, amended Ch. 6.20 in its entirety to read as herein set out. Former Ch. 6.20, §§ 6.20.010—6.20.080, pertained to similar subject matter and derived from Ord. No. 619, § 1, 5-5-2009.

(a)

A reliable supply of potable water is essential to the public health, safety, and welfare of the people and economy of City of Commerce.

(b)

Article X, Section 2 of the California Constitution declares that the general welfare requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable, that the waste or unreasonable use or unreasonable method of use of water be prevented, and that the conservation of such waters is to be exercised with a view to the reasonable and beneficial use thereof in the interest of the people and for the public welfare.

(c)

On January 17, 2014, the Governor of California proclaimed a state of emergency to exist throughout the State of California due to severe drought conditions.

(d)

On April 25, 2014, the Governor of California proclaimed a continued state of emergency to exist throughout the State of California due to the ongoing drought.

(e)

The drought conditions that formed the basis of the Governor of California's emergency proclamations continue to exist as the present year is critically dry and has been preceded by two or more consecutive below normal, dry, or critically dry years.

(f)

On April 1, 2015, the Governor of California proclaimed a continued state of emergency to exist throughout the State of California due to water shortage and drought conditions. The governor issued an executive order mandating a twenty-five percent statewide reduction in water use for all urban water users.

(g)

On May 5, 2015, the State Water Board adopted an emergency water conservation regulation effective June 2015 that requires a mandatory twenty-five percent reduction in urban water use statewide. The State Water Board may use various means to enforce the conservation mandate, including fines.

(h)

The adoption and enforcement of water conservation regulations is essential to ensure a reliable supply of water to meet current and future needs.

(Ord. No. 667, § 1, 7-7-2015)

(a)

The purpose of this chapter is to establish water conservation regulations that will reduce the consumption of water, assure reasonable and beneficial use of water, prevent the waste of water, and maximize the efficient use of water.

(b)

This chapter establishes permanent water conservation regulations intended to alter behavior related to the use of water and further establishes conservation stages 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.

(Ord. No. 667, § 1, 7-7-2015)

For the purposes of this chapter, the following terms have the meaning set forth in this section.

(a)

"Commercial nursery" means the use of land, buildings or structures for the growing and/or storing of flowers, fruit trees, ornamental trees, vegetable plants, shrubs, trees and similar vegetation for the purpose of transplanting, for use as stock or grafting, and includes the retail sale or wholesale distribution of such items directly from the premises/lot.

(b)

"Drip irrigation system" means a non-spray, low-pressure, and low volume irrigation system utilizing emission devices with a precipitation or flow rate measured in gallons per hour (GPH), designed to slowly apply small volumes of water at or near the root zone of plants or other landscaping.

(c)

"Flow rate" means the rate at which water flows through pipes, valves, and emission devices, measured in gallons per minute (GPM), gallons per hour (GPH), inches per hour (IPH), hundred cubic feet (Ccf), or cubic feet per second (CFS).

(d)

"Irrigation" means the application of potable water by artificial means to landscape.

(e)

"Irrigation system" means the components of a system meant to apply water to an area for the purpose of irrigation, including, but not limited to, piping, fittings, sprinkler heads or nozzles, drip tubing, valves, and control wiring.

(f)

"Landscape" means all of the outdoor planting areas, turf areas, and water features at a particular location.

(g)

"Measureable rainfall" means any amount of precipitation of more than one-tenth of an inch.

(h)

"Micro spray irrigation system" means a low-pressure, low-volume irrigation system utilizing emission devices that spray, mist, sprinkle, or drip with a precipitation or flow rate measured in GPH, designed to slowly apply small volumes of water to a specific area.

(i)

"Ornamental landscape" means shrubs, bushes, flowers, ground cover, turf, lawns, and grass planted for the purpose of improving the aesthetic appearance of property, but does not include crops or other agricultural products or special landscape areas.

(j)

"Person" means any natural person or persons, corporation, public or private entity, governmental agency or institution, or any other user of water within the City of Commerce.

(k)

"Plumbing fixture" means a receptacle or device that is connected to a water supply system, including, but not limited to, pipes, toilets, urinals, showerheads, faucets, washing machines, water heaters, tubs, and dishwashers.

(l)

"Potable water" means water which conforms to the federal and state standards for human consumption.

(m)

"Runoff" means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape onto other areas.

(n)

"Special landscape area" means an area of the landscape dedicated solely to edible plants and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface.

(o)

"Turf" means a ground cover surface of grass that can be mowed.

(p)

"Water feature" means a design element where open, artificially supplied water performs an aesthetic or recreation feature, including, but not limited to, ponds, lakes, waterfalls, fountains, and streams.

(Ord. No. 667, § 1, 7-7-2015)

(a)

The provisions of this chapter shall apply to all persons and property within the limits of the City of Commerce.

(b)

The provisions of this chapter do not apply to uses of water where necessary to protect public health or safety, for essential government services such as police, fire, and other similar emergency services or where necessary to comply with the a term or condition in a permit issued by a state or federal agency.

(Ord. No. 667, § 1, 7-7-2015)

Using potable water for the following actions is prohibited, at all times, as each is declared a non-essential, wasteful use of water:

(a)

Use of potable water through a broken or defective plumbing fixture or irrigation system when the water user has been notified in writing to repair the broken or defective plumbing fixture or irrigation system, and the water user has failed to effect such repairs within seven business days of delivery of such notice;

(b)

The application of potable water to 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;

(c)

The use of a hose that dispenses potable water to wash vehicles, including cars, trucks, buses, boats, aircraft, and trailers, whether motorized or not, 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.

(Ord. No. 667, § 1, 7-7-2015)

(a)

From time to time, the city may determine that additional restrictions on water use are needed. The city may implement a particular stage of mandatory restrictions on water use by resolution, adopted at a regular or special public meeting held in accordance with State law.

(b)

The restrictions set forth in the adopted stage of mandatory restrictions on water use shall take effect on the tenth calendar day after the date the stage is adopted.

(c)

Within five days of adopting a particular stage of the mandatory restrictions on water use, the city shall publish a copy of the resolution in a newspaper used for publication of official notices.

(d)

The restrictions set forth in the adopted stage of mandatory restrictions on water use shall remain in effect until the city implements, by resolution, a different stage of mandatory restrictions on water use or determines, by resolution, that additional restrictions on water use are no longer needed.

(Ord. No. 667, § 1, 7-7-2015)

(a)

Stage 1 mandatory restrictions on water use may be adopted when the city determines, in its sole discretion that drought or other water supply conditions are such that additional prohibitions on water use are needed to reduce water consumption.

(b)

In addition to the prohibited uses of water outlined in Section 6.20.050, the following restrictions on water use are implemented when stage 1 mandatory restriction on water use is in effect:

(1)

Outdoor irrigation restrictions.

a.

Irrigating ornamental landscapes with potable water is limited to no more than three days per week on a schedule established and posted by the city or as follows:

Water users with even-numbered addresses may irrigate on Saturdays, Tuesdays, and Thursdays.

Water users with odd-numbered addresses may irrigate on Sundays, Wednesdays, and Fridays.

Water users without a street address may irrigate on Saturdays, Tuesdays, and Thursdays.

Notwithstanding the foregoing restrictions, irrigation of special landscape areas or commercial nurseries may occur as needed, provided that the water user who wishes to irrigate a special landscape area or commercial nursery presents the city with a plan to achieve water use reductions commensurate with those that would be achieved by complying with foregoing restrictions.

b.

Irrigating ornamental landscape with potable water is prohibited during the hours between 8:00 a.m. and 6:00 p.m.

c.

The foregoing restrictions do not apply to:

Landscape irrigation zones that exclusively use drip irrigation systems and/or micro spray irrigation system;

Irrigation of ornamental landscapes with the use of a hand-held bucket or similar container, a continuously monitored hose which is fitted with an automatic shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use or monitored, or for the express purpose of adjusting or repairing an irrigation system.

(2)

All leaks, breaks, or other malfunctions in the water user's plumbing fixture(s) or irrigation system(s) must be repaired within five business days of a written notification to repair the broken or defective plumbing fixture or irrigation system being delivered to the water user.

(3)

Using potable water for the following actions is prohibited:

a.

The application of potable water to driveways and sidewalks;

b.

The use of potable water in a water feature, except where the water is part of a recirculating system;

c.

The application of potable water to outdoor landscapes during and within forty-eight hours after measurable rainfall.

(Ord. No. 667, § 1, 7-7-2015)

(a)

Stage 2 mandatory restrictions on water use may be adopted when the city determines, in its sole discretion that drought or other water supply conditions are such that prohibitions on water use beyond

those prescribed by the stage 1 restrictions on water use are needed to reduce water consumption.

(b)

In addition to the prohibited uses of water outlined in Section 6.20.050, the following restrictions on water use are implemented when stage 2 mandatory restrictions on water use is in effect:

(1)

Outdoor irrigation restrictions.

a.

Irrigating ornamental landscapes with potable water is limited to no more than three days per week on a schedule established and posted by city or as follows:

Water users with even-numbered addresses may irrigate on Saturdays, Tuesdays, and Thursdays.

Water users with odd-numbered addresses may irrigate on Sundays, Wednesdays, and Fridays.

Water users without a street address may irrigate on Saturdays, Tuesdays, and Thursdays.

Notwithstanding the foregoing restrictions, irrigation of special landscape areas or commercial nurseries may occur as needed, provided that the water user who wishes to irrigate a special landscape area or commercial nursery presents the City with a plan to achieve water use reductions commensurate with those that would be achieved by complying with foregoing restrictions.

b.

Irrigating ornamental landscape with potable water is prohibited during the hours between 8:00 a.m. and 6:00 p.m.

c.

The foregoing restrictions do not apply to:

Landscape irrigation zones that exclusively use drip irrigation systems and/or micro spray irrigation system;

Irrigation of ornamental landscapes with the use of a hand-held bucket or similar container, a continuously monitored hose which is fitted with an automatic shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use or monitored, or for the express purpose of adjusting or repairing an irrigation system.

(2)

All leaks, breaks, or other malfunctions in the water user's plumbing fixture(s) or irrigation system(s) must be repaired within three business days of a written notification to repair the broken or defective plumbing fixture or irrigation system being delivered to the water user.

(3)

Using potable water for the following actions is prohibited:

a.

The application of potable water to driveways and sidewalks;

b.

The use of potable water in a water feature, except where the water is part of a recirculating system;

c.

The application of potable water to outdoor landscapes during and within forty-eight hours after measurable rainfall;

d.

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;

e.

Irrigation of ornamental landscape on public street medians;

f.

Irrigation outside of newly constructed homes and buildings with potable water unless the potable water is delivered by a drip irrigation systems and/or micro spray irrigation system.

(4)

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 guest room using clear and easily understood language.

(5)

Re-filling and initial filling of single-family residential swimming pools or outdoor spas with potable water is prohibited, except to maintain required operating levels of existing pools and spas or as a result of completing structural repairs to the swimming pool or outdoor spa.

(6)

Filling or re-filling ornamental lakes or ponds with potable water is prohibited, except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to the implementation of any staged mandatory restrictions on water use.

(Ord. No. 667, § 1, 7-7-2015)

(a)

Stage 3 mandatory restrictions on water use may be adopted when the city determines, in its sole discretion that drought or other water supply conditions are such that prohibitions on water use beyond those prescribed by the stage 2 restrictions on water use are needed to reduce water consumption.

(b)

In addition to the prohibited uses of water outlined in Section 6.20.050, the following restrictions on water use are implemented when stage 3 mandatory restrictions on water use is in effect:

(1)

Outdoor irrigation restrictions.

a.

Irrigating ornamental landscapes with potable water is limited to no more than two days per week on a schedule established and posted by the city or as follows:

Water users with even-numbered addresses may irrigate on Saturdays, and Tuesdays.

Water users with odd-numbered addresses may irrigate on Sundays and Wednesdays.

Water users without a street address may irrigate on Saturdays and Tuesdays.

Notwithstanding the foregoing restrictions, irrigation of special landscape areas or commercial nurseries may occur as needed, provided that the water user who wishes to irrigate a special landscape area or

commercial nursery presents the city with a plan to achieve water use reductions commensurate with those that would be achieved by complying with foregoing restrictions.

b.

Irrigating ornamental landscape with potable water is prohibited during the hours between 8:00 a.m. and 6:00 p.m.

c.

The foregoing restrictions do not apply to:

Landscape irrigation zones that exclusively use drip irrigation systems and/or micro spray irrigation system;

Irrigation of ornamental landscapes with the use of a hand-held bucket or similar container, a continuously monitored hose which is fitted with an automatic shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use or monitored, or for the express purpose of adjusting or repairing an irrigation system.

(2)

All leaks, breaks, or other malfunctions in the water user's plumbing fixture(s) or irrigation system(s) must be repaired within two business days of a written notification to repair the broken or defective plumbing fixture or irrigation system being delivered to the water user.

(3)

Using potable water for the following actions is prohibited:

a.

The application of potable water to driveways and sidewalks;

b.

The use of potable water in a water feature, except where the water is part of a recirculating system;

c.

The application of potable water to outdoor landscapes during and within forty-eight hours after measurable rainfall;

d.

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;

e.

Irrigation of ornamental landscape on public street medians;

f.

Irrigation outside of newly constructed homes and buildings with potable water unless the potable water is delivered by a drip irrigation systems and/or micro spray irrigation system.

g.

Use of potable water for street cleaning with trucks, except for initial wash-down for construction purposes (if street sweeping is not feasible);

h.

Use of potable water for construction purposes, such as consolidation of backfill, dust control, or other uses unless no other source of water or other method can be used.

(4)

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 guest room using clear and easily understood language.

(5)

Re-filling and initial filling of single-family residential swimming pools or outdoor spas with potable water is prohibited.

(6)

Filling or re-filling ornamental lakes or ponds with potable water is prohibited, except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to the implementation of any staged mandatory restrictions on water use.

(Ord. No. 667, § 1, 7-7-2015)

(a)

Stage 4 mandatory restrictions on water use may be adopted when the city determines, in its sole discretion that drought or other water supply conditions are such that prohibitions on water use beyond those prescribed by the stage 3 mandatory restrictions on water use are needed to reduce water consumption.

(b)

In addition to the prohibited uses of water outlined in Section 6.20.050, the following restrictions on water use are implemented when stage 4 mandatory restrictions on water use is in effect:

(1)

Irrigating ornamental landscape with potable water is prohibited, except when a hand-held bucket or a similar container, or a continuously monitored hose which is fitted with an automatic shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use or monitored is used to maintain vegetation, including trees and shrubs.

(2)

All leaks, breaks, or other malfunctions in the water user's plumbing fixture(s) or irrigation system(s) must be repaired within one business day of a written notification to repair the broken or defective plumbing fixture or irrigation system being delivered to the water user.

(3)

Using potable water for the following actions is prohibited:

a.

The application of potable water to driveways and sidewalks;

b.

The use of potable water in a water feature, except where the water is part of a recirculating system;

c.

The application of potable water to outdoor landscapes during and within forty-eight hours after measurable rainfall;

d.

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;

e.

Use of potable water for street cleaning with trucks;

f.

Use of potable water for construction purposes, such as consolidation of backfill, dust control, or other uses.

(4)

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 guest room using clear and easily understood language.

(5)

Re-filling and initial filling of single-family residential swimming pools or outdoor spas with potable water is prohibited.

(6)

Filling or re-filling ornamental lakes or ponds with potable water is prohibited, except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to the implementation of any staged mandatory restrictions on water use.

(Ord. No. 667, § 1, 7-7-2015)

The city will be responsible for enforcement of its Municipal Code including water restrictions that apply to all water customers in the city.

(Ord. No. 667, § 1, 7-7-2015)

(a)

Any person violating or causing or permitting to be violated, any of the provisions of this chapter, is deemed guilty of a misdemeanor. Upon conviction thereof, such person shall be punished by a fine not exceeding one thousand dollars, or by imprisonment in the county jail for not more than thirty days. Every such person shall be deemed to be guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person, and shall be punishable therefor as provided in this section.

(b)

Notwithstanding any other provision of this code, whenever a violation of any section contained in this chapter is punishable as a misdemeanor, the city may specify that the offense is an infraction, and proceed with prosecution as an infraction, unless the defendant objects to the offense being made an infraction, in which event the court may elect to have the complaint amended to charge as a misdemeanor, and the case shall proceed on a misdemeanor charge.

(c)

In addition to all other available remedies, including penalties available pursuant to subsection (a) or (b) of this section, any person violating or causing or permitting to be violated any provision of this chapter shall be subject to the following penalties and fines:

(1)

First violation: The city will issue a written warning and deliver a copy of this chapter by mail.

(2)

Second violation: A second violation within any consecutive twelve-month period is punishable by a fine not to exceed one hundred dollars.

(3)

Third violation: A third violation within any consecutive twelve-month period is punishable by a fine not to exceed two hundred dollars.

(4)

Subsequent violations: Any subsequent violations within any consecutive twelve-month period are punishable by a fine not to exceed five hundred dollars.

(d)

Separate offenses. Each day that a person violated provisions of this chapter shall constitute a separate violation or offense.

(e)

All remedies provided for herein shall be cumulative and not exclusive.

(Ord. No. 667, § 1, 7-7-2015)

The actions taken hereafter pursuant to this chapter are exempt from the California Environmental Quality Act as specific actions necessary to prevent or mitigate an emergency pursuant to Public Resources Code Section 210808(b)(4) and California Environmental Quality Act Guidelines Section 15269(c).

(Ord. No. 667, § 1, 7-7-2015)

If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional of otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.

(Ord. No. 667, § 1, 7-7-2015)

This chapter shall become effective thirty calendar days from and after its adoption.

(Ord. No. 667, § 1, 7-7-2015)