El Centro Municipal Code Art. III Water Conservation Regulations and Restrictions

It is hereby resolved by the city council that in order to conserve the city's water supply for the greatest public benefit and to reduce the quantity of water used by the city's customers, wasteful use of water should be eliminated. It shall be unlawful for any person, firm, partnership, association, corporation, political entity (including the city) or any other water department customer to use water in a manner inconsistent with this regulation.

No customer shall waste water. As used herein, the term "waste" means:

(1) Use of potable water to irrigate turf, ground-cover, shrubbery, crops, vegetation, and trees in such a manner as to result in runoff for more than two (2) minutes;

(2) Use of potable water in outdoor landscapes in a manner that causes runoff to non-irrigated areas, public walkways, roadways, parking lots, structures or an adjacent property;

(3) Allowing potable water to escape from breaks within a customer's plumbing system for more than twenty-four (24) hours after the customer is notified or discovers the break;

(4) The use of running water to wash vehicles shall be prohibited, except to wash such vehicles at commercial or fleet vehicle washing facilities using water recycling equipment. The use of buckets and stop nozzles on hoses, for rinsing only, shall be permitted; and

(5) The use of potable water in a fountain or other decorative water.

(Ord. No. 15-07, § 2, 6-16-15; Ord. No. 17-01, § 1, 2-21-17)

The water 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 water department shall recommend that the council make a determination, by resolution, that a water shortage exists and that the appropriate water conservation plan shall take effect, as provided in this article. The city council may discontinue any stage or may implement another stage as necessary. Upon a finding by the city council that a water shortage no longer exists, any water shortage stage then in effect shall terminate.

(Ord. No. 15-07, § 2, 6-16-15; Ord. No. 17-01, § 1, 2-21-17)

(a) Stage 1 water conservation plan. Under a stage 1 water conservation plan, in addition to those restrictions set forth in section 28-50 above, the following prohibitions and restrictions on a customer's use of potable water shall apply:

(1) Potable water may not be applied 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.

(2) A hose that dispenses potable water may not be used to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device that causes it to cease dispensing water immediately when not in use.

(3) Potable water may not be applied to hardscapes, driveways, parking lots and walkways except, to protect public health and safety.

(4) Potable water may not be used in a fountain or other decorative water feature, except where the water is part of a recirculating system.

(5) Potable water may not be used for outdoor irrigation during and forty-eight (48) hours following measurable precipitation.

(6) No restaurant, hotel, café, cafeteria or other public place where food is sold, served or offered for sale shall serve drinking water to any customer unless requested.

(7) Potable water may not be used to irrigate ornamental turf on public street medians.

(8) Potable water may not be used to irrigate landscapes of new homes and buildings in a manner inconsistent with the requirements of the California Building Standards Commission and the Department of Housing and Community Development.

(9) Operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. Each hotel or motel shall prominently display notice of this option in each bathroom, using clear and understandable language.

(10) Customers shall be notified by the city in the event the customer has a leak that is within the customer's control.

(b) Stage 2 water conservation plan. Under a stage 2 water conservation plan, in addition to the restrictions set forth in section 28-52(a) above, the following actions are mandatory:

(1) Landscape/turf irrigation shall only be permitted between 6:00 p.m. and 10:00 a.m.

(2) Residential and commercial turf/laws watering days are restricted to three (3) days per week from June 1 through September 15.

(a) Properties located west of Eighth Street shall be permitted to water on Monday, Wednesday and Friday.

(b) Properties located east of Eighth Street shall be permitted to water on Tuesday, Thursday and Saturday.

(c) Adding water time to compensate for lost days is prohibited.

(3) Residential and commercial turf/lawn watering days are restricted to two (2) days per week from September 16 through May 31.

(a) Properties located west of Eighth Street shall be permitted to water on Monday and Friday.

(b) Properties located east of Eighth Street shall be permitted to water on Tuesday and Saturday.

(c) Adding water time to compensate for lost days is prohibited.

(4) Outdoor irrigation of commercial, industrial and institutional facilities shall be restricted to the same watering days as residential irrigation and limited to between the hours of 6:00 p.m. and 10:00 a.m., according to a schedule determined by city staff following consultation with the customer. A commercial, industrial or institutional customer may implement an alternative water use reduction plan that achieves reductions in water use equivalent to those expected from the restrictions prescribed herein, if approved in advance by the director.

(5) City parks and schools shall comply with the restrictions in subsection (b)(4) of this section.

(6) Potable water may not be used for construction, compaction, dust control, street or parking lot sweeping or building wash down where non-potable water is sufficient.

(7) City customers are encouraged not to empty and refill swimming pools from June 1 through October 31 unless necessary to address a health or safety emergency.

(8) City will establish water allocation in accordance with the city's water shortage contingency plan for stage 2 and corresponding drought penalty over the allocation.

(c) Stage 3 water conservation plan. Under a stage 3 water conservation plans, in addition to the restrictions set forth in section 28-52 above, the following actions are mandatory:

(1) Water features such as fountains are not to be filled or replenished.

(2) Vehicle washing is prohibited, except at facilities using recycled or recirculated water.

(3) City will implement flow restrictors for wasters program.

(4) City will establish water allocation in accordance with the city's water shortage contingency plan for stage 3 and corresponding drought penalty over the allocation.

(5) City will implement drought rate structure in accordance to the city's water shortage contingency plan stage 3.

(d) Stage 4 water conservation plan. Under a stage 4 water conservation plan, in addition to the restrictions set forth in section 28-52 above, the following actions are mandatory:

(1) Lawns are not to be watered.

(2) New construction meters will not be issued.

(3) City will establish water allocation in accordance with the city's water shortage contingency plan for stage 4 and corresponding drought penalty over the allocation.

(4) City will implement drought rate structure in accordance to the city's water shortage contingency plan stage 4.

(e) Stage 5 water conservation plan. Under a stage 5 water conservation plan, in addition to the restrictions set forth in section 28-52 above, the following actions are mandatory:

(1) City will establish water allocation in accordance with the city's water shortage contingency plan for stage 5 and corresponding drought penalty over the allocation.

(2) City will implement drought rate structure in accordance to the city's water shortage contingency plan stage 5.

(Ord. No. 15-07, § 2, 6-16-15; Ord. No. 17-01, § 1, 2-21-17)

Editor's note— Ord. No. 17-01, § 1, adopted Feb. 21, 2017, repealed § 28-35, which pertained to level 2 water conservation plan and derived from Ord. No. 15-07, § 2, 6-16-15.

It shall be unlawful to violate customer water rationing regulations, including regulations intended to preclude excessive water usage and specifying maximum water usage limitations.

(Ord. No. 15-07, § 2, 6-16-15; Ord. No. 17-01, § 1, 2-21-17)

(a) Penalties. The purpose of the administrative penalties assessed pursuant to this section is to assure future compliance with the provisions of this article by the customer who was cited through the imposition of penalties so as to create a meaningful disincentive to commit future violations of the provisions of this article. In acknowledgment of the fact that the city's water is a scarce and irreplaceable commodity and that this article is intended to equitably distribute that commodity among water department customers and to assure that, to the extent feasible, city water is conserved and used only for purposes deemed necessary for public health and safety, the penalty schedule herein prescribed is not to be construed as creating a "water pricing" structure pursuant to which customers may elect to pay for additional water at significantly higher rates. To this end, a customer's repeated violation of this article shall result in either the installation of a flow restriction device at the customer's cost or disconnection of the customer's property from the city's water service system.

(b) The enforcement agency and enforcement official may exercise any enforcement powers as provided in El Centro City Code chapter 18, articles X and XI, as may be necessary to effectively implement and enforce this article.

(c) Any person, firm, partnership, association, corporation, political entity or other water department customer violating any provision of this article may be assessed an administrative citation by the city.

(d) Administrative penalties for failure to comply with the water conservation regulations and restrictions set forth in this article are as follows:

(1) Warning notice: Written warning notice of violation and opportunity to correct violation.

(2) First citation: Offense within the preceding twelve (12) calendar months is punishable by administrative citation not to exceed one hundred dollars ($100.00).

(3) Second citation: Offense within the preceding twelve (12) calendar months is punishable by administrative citation not to exceed two hundred dollars ($200.00).

(4) Third and subsequent citations: Offense within the preceding twelve (12) calendar months is punishable by administrative citation not to exceed one hundred dollars ($500.00)

(5) Commercial/industrial/institutional customers: Administrative citations shall be double the amounts set forth in this section.

(6) Discontinuing service: In addition to any citations and the installation of a water flow restrictor, the director may disconnect a customer's water service for willful violations of mandatory restrictions and regulations in this article. Upon disconnection of water service, a written notice shall be served upon the customer which shall state the time, place, and general description of the prohibited or restricted activity and the method by which reconnection can be made.

(e) Appeals and hearings shall be provided per El Centro City Code chapter 18, article XI.

(Ord. No. 15-07, § 2, 6-16-15; Ord. No. 17-01, § 1, 2-21-17)

The remedies available to the city to enforce this article are in addition to any other remedies available under the City Code or any state statutes or regulations, and do not replace or supplant any other remedy, but are cumulative.

(Ord. No. 15-07, § 2, 6-16-15)

Where other provisions of the City Code, whether enacted prior or subsequent to this article, are inconsistent with the provisions of this article, the provisions of this article shall supersede and control for the duration of the water shortage set forth in the resolution of the city council.

(Ord. No. 15-07, § 2, 6-16-15)

[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

City means the City of El Centro.

Customer means any account customer of the City of El Centro Water Department as well as to any consumer of city water who may not be a City of El Centro Water Department account customer.

Director means the Director of Public Works/City Engineer of the City of El Centro.

Issue/declare. Whenever this article references the city council's issuance or declaration of an alert, warning, emergency, or regulation, said alert, warning, emergency or regulation shall be put into effect by the placement of a legal advertisement in a newspaper of general circulation, by a posting on the city's internet website and by a posting in the following public places: City of El Centro City Hall, 1275 W. Main Street, El Centro, CA. Any such alert, warning, emergency or regulation shall take effect upon the date of its publication in the Imperial Valley Press.

Water means water produced and served by the City of El Centro Water Department.

Water department refers to the City of El Centro Water Department.

(Ord. No. 15-07, § 2, 6-16-15)

If any portion of this article is held to be unconstitutional, it is the intent of the city council that such portion of the article be severable from the remainder and that the remainder be given full force and effect.

(Ord. No. 15-07, § 2, 6-16-15)