Cupertino Municipal Code Ch. 15.32 Water Conservation

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

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, and 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; and

C. Article XI, Section 7 of the California Constitution declares that a city or county may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws; and

D. The Governor of the State of California and/or other State regulatory agencies such as the State Water Resource Control Board may, as regional drought conditions warrant, mandate water conservation measures; and

E. The Santa Clara Valley Water District, or other wholesale water supplier serving the City of Cupertino, may implement water conservation goals specific to the Cupertino area based upon drought stages identified in their Urban Water Management Plan or in other declaration or action; and

F. San Jose Water Company, California Water Service Company, and any other urban water suppliers in the City of Cupertino, will coordinate water conservation measures with the Santa Clara Valley Water District and, depending on the severity of a drought, may file with the California Public Utilities Commission specific water use targets and/or budgets along with associated tariffs and enforcement measures, consistent with its Water Shortage Contingency Plan to achieve state mandated water use reductions that may affect City of Cupertino residents and businesses; and

G. The adoption and enforcement of water conservation regulations is essential to minimize the effects of drought and shortage within the City and ensure a reliable and sustainable minimum supply of water to protect public health, safety and welfare of current and future community members and to protect the environment; and

H. The purpose of this Chapter is to establish water conservation measures that are intended to alter behavior related to the use of water, reduce the consumption of water, assure reasonable and beneficial use of water, prevent the waste of water, and maximize the efficient use of water across the City of Cupertino.

(Ord. 15-2131, § 1 (part), 2015; Ord. 1622, (part), 1993; Ord. 1587, (part), 1992; Ord. 1580, (part), 1992; Ord. 1558, § 1, 1991; Ord. 1524, § 1, 1990; Ord. 1513, § 1, 1990)

As used in this chapter

A. "Customer" means any person who pays for service to receive potable water.

B. "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.

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

D. "Person" means any individual, firm, partnership, association, corporation, trust, governmental body or other organization or entity.

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

F. "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.

G. "Water" means potable water.

H. "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.

I. "Urban water supplier" means the California Water Service and/or San Jose Water Company or any other urban water supplier as defined by Water Code Section 10617, excluding wholesale suppliers, unless the wholesale supplier is functioning in a retail capacity.

J. "Water district" means the Santa Clara Valley Water District or other wholesale water supplier as defined by State law.

(Ord. 15- 2131, § 1 (part), 2015; Ord. 1776, (part), 1998; Ord. 1622, (part), 1993: Ord. 1587, (part), 1992; Ord. 1580, (part), 1992; Ord. 1558, § 2, 1991; Ord. 1524, § 2, 1990; Ord. 1513, § 2, 1990)

To prevent water waste, the unreasonable use of water, and to promote water conservation, each of the following actions are prohibited while using potable water:

A. No person shall waste water, including, but not limited to flooding or creating runoff on sidewalks or gutters, adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures.

B. No person shall use a hose that dispenses potable water to wash vehicles, including cars, trucks, buses, boats, aircraft, and trailers, whether motorized or not, unless 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.

C. No person shall waste water by failing to repair defective plumbing, sprinkler, watering or irrigation systems.

D. No person shall use water for single pass cooling process for new building construction.

(Ord. 15-2131, § 1 (part), 2015; Ord. 1622, (part), 1993; Ord. 1587, (part), 1992; Ord. 1580, (part), 1992; Ord. 1558, § 3, 1991; Ord. 1524, § 3, 1990; Ord. 1513, § 3, 1990)

A. The City Council may determine that additional restrictions on water use are needed as a result of drought or other water supply conditions, to achieve additional conservation goals, or for other public purposes. The City Council may adopt Regulations Restricting Water Use.

B. The Regulations shall take effect as soon as practicable.

C. The Regulations shall remain in effect until the City Council repeals, modifies, or amends them, or according to their own terms, whichever comes first.

D. The Regulations adopted pursuant to this chapter shall have the force and effect of law.

(Ord. 15-2131, § 1 (part), 2015)

The Director of Public Works or his/her designee may adopt and implement water conservation measures at City facilities.

(Ord. 15-2131, § 1 (part), 2015)

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

(Ord. 15-2131, § 1 (part), 2015)

In the event of an emergency involving broken or defective plumbing, sprinkler, watering or irrigation systems where, in the opinion of the Director of Public Works or his/her designee, water is being or will be lost in considerable quantity, the City may require that the urban water supplier immediately suspend water service without notice or hearing to any customer pending repairs. The urban water supplier shall attempt to give notice to the customer or customers affected as soon as practical. Subject to other provisions of this Chapter, service shall be restored as soon as possible.

(Ord. 15-2131, § 1 (part), 2015; Ord. 1622, (part), 1993; Ord. 1587, (part), 1992:

Any person who violates any provision of this Chapter or any regulation adopted pursuant to this Chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Chapter 1.12 of this code. As an alternative to criminal legal punishment, any person who violates any provision of this Chapter or any regulation adopted pursuant to this Chapter shall be subject to administrative citation, fines, or penalties as provided in Chapter 1.10 of this code.

(Ord. 15-2131, § 1 (part), 2015; Ord. 1776, (part), 1998; Ord. 1622, (part), 1993; Ord. 1587, (part), 1992; Ord. 1580, (part), 1992; Ord. 1558, § 4.01, 1991; Ord. 1524, § 4.01, 1990; Ord. 1513, § 4.01, 1990)