Dorris Municipal Code Ch. 13.05 Water Conservation

Sections:

• 13.05.010
• Application.
• 13.05.020
• Authorization.
• 13.05.030
• Water conservation stages.
• 13.05.040
• Mandatory conservation
• phase implementation.
• 13.05.050
• Request for exemptions
• from regulations.
• 13.05.060
• Administrative restrictions.
• 13.05.070
• Penalty.

This chapter shall apply to all water custom- ers. “Water customer,” for purposes of this chapter, shall mean any person, partnership, corporation, association or other legal entity that requests, obtains or pays for water service for any parcel of real property located within the city or within the city’s service area. (Ord. 208 (part), 2007)

The city’s public works director (director), or such person designated as a representative, is hereby authorized and directed to implement the provisions of this chapter, including but not limited to designation of a “base year” for usage in calculating water usage rates and related formulas. (Ord. 208 (part), 2007)

No water customer shall knowingly make, cause, use, or permit the use of water supplied by the city in a manner contrary to any provi- sion of this chapter, in an amount in excess of the amounts authorized by this chapter, or dur- ing any period of time other than the periods of time specified in this chapter. At no time shall water be wasted or used unreasonably. The fol- lowing stages shall take effect upon declaration as herein provided. A. Stage 1—Voluntary Compliance— Water Watch. Stage 1 applies at any and all times when facts and information available to the city indicate that there is a demonstrable possibility that the city will not be able to meet all of the demands of its water customers. Dur- ing Stage 1, customers are encouraged to vol- untarily implement Stage 2 restrictions. B. Stage 2—Mandatory Compliance— Water Alert. Stage 2 applies when the director determines facts and information available to the city indicate that there is a demonstrable probability that the city will not be able to meet all of the demands of its water customers. Dur- ing Stage 2, the following water conservation measures shall apply: 1. Lawn watering and landscape irrigation including construction irrigation should be done in a way as to not cause water to run off irrigated areas. Watering of lawns or gardens will be done only between the hours of eight p.m. and ten a.m. Even numbered houses will water on even days and odd numbered houses will water on odd numbered days. 2. Agricultural users and commercial nurseries as defined in the city’s general plan are exempt from Stage 2 irrigation restrictions, but will be required to curtail all nonessential water use. The watering of livestock and irriga- tion of propagation beds are permitted at any time. 3. Washing of autos, trucks, trailers, boats, airplanes and other types of mobile equipment should be done, when possible, with a hand- held bucket or a hand-held hose equipped with a positive shut-off nozzle for quick rinses. Washing is permitted at any time in the imme- diate premises of a commercial car wash. Fur- ther, such washing is exempted from these

152-2 (Revised 8-11) regulations where the health, safety and wel- fare of the public is contingent upon frequent vehicle cleaning such as garbage trucks and vehicles used to transport food and perish- ables. 4. The use of water from fire hydrants shall be limited to firefighting and related activities, for construction activities, or other activities necessary to maintain the health, safety and welfare of the public. 5. Water shall not be used to wash down sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas, except for rear patios and to alleviate immediate fire or sanitation hazards. 6. Restaurants shall not serve water to their customers except when specifically requested. 7. The operation of any ornamental foun- tain or similar structure is prohibited. C. Stage 3—Mandatory Compliance— Water Warning. Stage 3 applies at any and all times when facts and information available to the city indicate that the city will not be able to meet all of the water demands of its water cus- tomers. During Stage 3, all the following restrictions apply: 1. Lawn watering and landscape irrigation including construction irrigation should be done in a way as to not cause water to run off irrigated areas. Watering of lawns or gardens will be done between the hours of eight p.m. and ten a.m. Even numbered houses will water on even days and odd numbered houses will water on odd numbered days. 2. Agricultural users and commercial nurseries shall use water only between the hours of six p.m. and six a.m. the following morning. The watering of livestock and irriga- tion of propagation beds are permitted at any time. 3. Washing of autos, trucks, trailers, boats, airplanes and other types of mobile equipment is prohibited. Washing is permitted at any time on the immediate premises of a commercial car wash. The use of water by all types of commer- cial car washes not using partially reclaimed or recycled water shall be reduced in volume by twenty (20) percent. Further, such washings are exempted from these regulations where the health, safety and welfare of the public is con- tingent upon frequent vehicle cleaning such as garbage trucks and vehicles used to transport food and perishables. 4. Filling or refilling swimming pools, spas, ponds, and artificial lakes is permitted only between the hours of ten p.m. and six a.m. the following morning. 5. Watering golf courses, parks, school grounds and recreational fields is permitted only between the hours of ten p.m. and six a.m. the following morning, except golf course greens. 6. The use of water from fire hydrants shall be limited to firefighting and related activities, or other activities necessary to main- tain the health, safety and welfare of the public. 7. Water shall not be used to wash down sidewalks, driveways, parking areas, tennis courts, patios or other paved areas, except to alleviate immediate fire or sanitation hazards. 8. Restaurants shall not serve water to their customers except when specifically requested. 9. The operation of any ornamental foun- tain or similar structure is prohibited. 10. New construction use or permits for unmetered service will not be issued. Con- struction water shall not be used for earth work or road construction purposes. D. Stage 4—Mandatory Compliance— Water Emergency. Stage 4 applies when a major fault of any supply or distribution facil- ity, whether temporary or permanent, occurs in the water distribution system of city facilities. During Stage 4, the following water conserva-

152-3 (Revised 8-11) tion measures shall apply except when reclaimed water is used: 1. All outdoor irrigation of vegetation is prohibited. 2. Use of water for agricultural or com- mercial nursery purposes, except for livestock watering, is prohibited. 3. Washing of autos, trucks, trailers, boats, airplanes and other types of mobile equipment is prohibited. Washing is permitted at any time upon the immediate premises of a commercial car wash. The use of water by all types of com- mercial car washes shall be reduced in volume by fifty (50) percent. Further, such washings are exempted from these regulations where the health, safety and welfare of the public is con- tingent upon frequent vehicle cleaning such as garbage trucks and vehicles used to transport food and perishables. 4. Filling, refilling or adding of water to swimming pools, spas, ponds and artificial lakes is prohibited. 5. Watering of all golf course areas, except greens, is prohibited. Watering of parks, school grounds and recreation fields is prohib- ited with the exception of plant materials proven to be rare, exceptionally valuable, or essential to the well-being of rare animals. 6. The use of water from fire hydrants shall be limited to firefighting or related activ- ities necessary to maintain the health, safety and welfare of the public. 7. Water shall not be used to wash down sidewalks, driveways, parking areas, tennis courts, patios or other paved areas, except to alleviate immediate fire or sanitation hazards. 8. Restaurants shall not serve water to their customers except when specifically requested. 9. The operation of any ornamental foun- tain or similar structure is prohibited. 10. New construction use or permits for unmetered service will not be issued. Con- struction water shall not be used for earth work or road construction purposes. 11. The use of water for commercial, man- ufacturing or processing purposes shall be reduced in volume by fifty (50) percent. 12. No water shall be used for air condition- ing purposes. (Ord. 208 (part), 2007)

phase implementation. The city shall monitor the projected supply and demand for water by its customers on a daily basis. The director shall determine the extent of the conservation required through the implementation and/or termination of particu- lar conservation stages in order for the city to plan prudently for supply of water to its cus- tomers. Thereafter, the director may order that the appropriate stage of water conservation be implemented or terminated in accordance with the applicable provision of this chapter. The declaration of any stage beyond Stage 1 shall be made by public announcement and notice shall be published by certified public posting in three prominent places within the city limits. The stage designated shall become effective immediately upon announcement. The declara- tion of any stage beyond Stage 1 shall be reported to the city council at its next regular meeting. The city council shall thereupon ratify the declaration, rescind the declaration, or direct the declaration of a different stage. (Ord. 208 (part), 2007)

regulations. A. Any person may request, in writing, to be exempted from some or all of the limitations set forth in this chapter. All requests for exemp- tion from regulation set forth, in writing and in detail, the basis and justification for such request. Written requests for exemption from

152-4 (Revised 8-11) regulation shall be submitted to the director or his or her designee. B. The director or his or her designee shall have ten (10) calendar days from the date such request is received to approve, approve subject to reasonable conditions, disapprove, or request additional information from the requesting party except as provided hereinaf- ter. When additional information is requested by the public works director, the ten (10) day period shall commence at the time the addi- tional information is received. In the event the request for exemption is based upon a medical or personal safety basis the director shall approve, approve subject to reasonable condi- tions or deny the request within twenty-four (24) hours of the receipt of such request. C. The director shall prepare a written deci- sion which describes the scope of the exemp- tion granted, any conditions which may be applied to such approval or basis for his or her denial, and shall attach to this the requesting person’s application for such exemption. The person who submitted the request shall sign such approval and shall attest, under penalty of perjury, that the request for exemption is true and accurate and the scope of the approval is understood by such person. D. Appeal to Appeals Board. 1. The appeals board shall consist of the city administrator or his or her designee. The board shall hear appeals from the decision of the director. A written request for appeal shall be submitted within five calendar days after receipt of the decision of the director. The writ- ten request shall automatically stay the deci- sion of the director until such time as the appeals board has issued its decision. 2. The appeals board shall hear any such appeal within its jurisdiction on or before fif- teen (15) calendar days have elapsed from the receipt of the request for appeal. The board’s written decision shall be issued within ten (10) calendar days of the completion of the hearing on the appeal. E. The decision of the appeals board may be appealed by the requesting person in writ- ing, to the city council within five calendar days of the date of the appeals board written decision. Such appeal shall describe in detail the basis for the appeal, and shall be submitted to the city clerk. The city clerk shall place such appeal on the first available city council agenda. F. The city council shall review the deci- sion of the appeals board and may affirm, mod- ify or vacate such decision. (Ord. 208 (part), 2007)

Any water customer who violates or who permits violation of Section 13.05.030(B), (C) or (D) may be subject to the limitation or dis- continuance of water service to the water ser- vice address at which the violation has occurred. The decision of the director regard- ing the limitation or discontinuance of water service to any water service address may be appealed as set forth in Section 13.05.050(D) through (F). No water service shall be limited or discontinued until the director mails, by first class mail to the water billing address, written notice of intent to so limit or discontinue such service, and further, provides such water cus- tomer notice of the right to appeal the decision. (Ord. 208 (part), 2007)

Pursuant to Section 377 of the California Water Code, any violation of this chapter is a misdemeanor. (Ord. 208 (part), 2007)

152-5 (Revised 8-11)