Exeter Municipal Code Ch. 7.02 Water Shortage Emergencies

This chapter shall be referred to as the water shortage emergency ordinance.

(Ord. 671, 2014)

A. All city water customers shall limit outdoor irrigation of ornamental landscapes and turf with potable water to no more than two days per week, and will abide by the following watering restrictions and schedule:

1. Watering of current landscaping and turf must be accomplished by use of sprinkler irrigation, a hand-held hose with a positive shut-off nozzle or a hand-held and faucet-filled bucket with, at most, a five gallon capacity.

2. Customers whose addresses end with an even number shall water their turf and landscapes on Tuesdays and Saturdays between the hours of 6:00 p.m. - 10:00 a.m. Customers whose addresses end with an odd number shall water their landscapes on Wednesdays and Sundays between the hours of 6:00 p.m. - 10:00 a.m.

3. There will be no outdoor watering of any kind allowed on Mondays, Thursdays and Fridays.

B. The operation of any ornamental fountain or other structure making similar use of water is prohibited unless the fountain uses a recycling system, such as an electric pump.

C. The use of city water for the purpose of operating any aquarium or other structure containing aquatic life is prohibited except as necessary to sustain the life of the animals currently living in such structures.

D. The addition of new aquatic life to any aquarium or other structure containing aquatic life is prohibited until further notice.

E. Until further notice, no city customer shall use water provided by the city to water soil/dirt areas, building exteriors, sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas, except where necessary to dispose of liquids or substances that would endanger the public's health and safety.

F. The watering of soil/dirt for ecological purposes such as limiting dust or air pollution is prohibited until further notice.

G. The following uses of water are defined as "waste of water" and are prohibited except as otherwise authorized. These restrictions shall be in effect until further notice from the council:

1. The use of water which allows substantial amounts of water to run off to a gutter, ditch, or drain. Every water user is deemed to have his water distribution lines and facilities under his control at all times and to know the manner and extent of his water use and excess runoff.

2. The excessive use, loss or escape of water through breaks, leaks or malfunctions in the water user's plumbing or distribution facilities for any period of time after such escape of water should reasonably have been discovered and corrected. It shall be presumed that a period of forty-eight hours after discovery is a reasonable time within which to correct such leak or break.

3. Any use of a hose without a positive shut-off nozzle.

(Ord. 671, 2014)

It is one of the objectives of the council that the citizens of the city are encouraged to voluntarily comply with the provisions of the emergency water shortage ordinance. Therefore, in furtherance of said objective, the enforcement of the ordinance will permit the issuance a single warning of violations of this chapter, by way of a written notice of violation to the violating water user, before the issuance of a citation for said violations.

(Ord. 671, 2014)

Notwithstanding the foregoing, any person violating any provision of the emergency water shortage ordinance shall be deemed guilty of an infraction shall be punishable by a fine not to exceed fifty dollars for a first violation after a written warning, one hundred dollars for a second violation and two hundred fifty dollars for a third violation and any subsequent violations. Each day that a violation continues shall be regarded as a new and separate offense.

(Ord. 671, 2014)

In addition to any other remedies which may otherwise be available to the city, the council makes the following findings and declarations:

A. The waste of water, as that term is defined herein, on public or private property within the city, is found to contribute to and compound drought conditions which may, from time to time, exist in the city, to the detriment of one of our most precious and finite resources, to wit, water. Such conditions cause injury to the health, safety and general welfare of the citizens of the city.

B. Therefore, the waste of water within the city, on private or public property, except as expressly permitted in this chapter, is declared to constitute a public nuisance which may be abated in an action brought on behalf of the people of the State of California, by the City Attorney of Tulare County, in any court of competent jurisdiction.

(Ord. 671, 2014)

A. All peace officers and persons authorized by law to issue citations within the city shall, in conjunction with duties imposed by the law, diligently enforce the provisions of the emergency water shortage ordinance.

B. The following officers and employees of the city are designated as enforcement officers and authorized to issue citations for enforcement of the emergency water shortage ordinance:

1. Any sworn peace officer;

2. Any other persons previously authorized by the city council to issue citations;

3. Anyone authorized by the city council to issue citations pursuant to this chapter.

C. Other employees of the city are authorized by the emergency water shortage ordinance to issue written notices of violations, but are not authorized to issue citations for said violations.

(Ord. 671, 2014)

A. All applications for exceptions regarding these regulations and restrictions shall be made, in writing, to the city at the following address:

City of Exeter 100 North C Street Exeter, CA 93221

B. The city council will consider all written applications for exception regarding regulations and restrictions on water use not otherwise set forth in previous sections of the emergency water shortage ordinance. The council shall grant said exceptions if:

1. Compliance with this emergency water shortage ordinance would cause an unnecessary and undue hardship to the applicant, including, but not limited to, adverse economic impacts, such as loss of production or jobs;

2. Compliance with this emergency water shortage ordinance would cause a condition affecting the health, sanitation, fire protection or safety of the applicant or the public;

3. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance.

C. The city has the right to deny applications for new or additional service connections to the fullest extent permissible by law, and has the power to enforce the regulations and restrictions by discontinuing service to consumers willfully violating the regulations and restrictions.

D. The city has the right to deny applications for new or additional annexations to the fullest extent permissible by law.

(Ord. 671, 2014)

The restrictions in this chapter go into effect immediately and be in effect whenever the council, by resolution authorized pursuant to Water Code §350 et seq., declares that a water shortage emergency exists. Said restrictions shall remain in effect unless and until conditions change and the council adopts a resolution declaring an end to the water shortage emergency.

(Ord. 671, 2014)