Exeter Municipal Code Ch. 7.32 Water Conservation Ordinance

It is the purpose and intent of this chapter to minimize outdoor water use and to control unnecessary consumption of the available potable water supplies in the city.

(Ord. 674, 2015; Ord. 675, 2015)

This chapter shall be known as the "Water Conservation Ordinance of the City of Exeter".

(Ord. 674, 2015; Ord. 675, 2015)

The city council, upon the recommendation of the public works director, is hereby authorized and directed to implement the applicable provisions of this chapter upon their determination that the implementation is necessary to protect the public welfare and safety.

(Ord. 674, 2015; Ord. 675, 2015)

The provisions of this chapter shall apply to all persons, customers, and property within the city limits.

(Ord. 674, 2015; Ord. 675, 2015)

The following uses of water are defined as a "waste of water" and are hereby prohibited, except as otherwise authorized:

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

B. 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 the 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 the leak or break.

C. The washing of vehicles, building exteriors, sidewalks, driveways, parking areas, tennis courts, patios or other paved areas without the use of a positive shut-off nozzle on the hose, which results in excessive run-off, except where necessary to dispose of liquids or substances that would endanger the public's health and safety.

D. The watering of lawns, ground cover and shrubbery except in accordance with restrictions adopted via resolution of the city council.

(Ord. No. 686, §1, 6-12-2018)

Editor's note— Ord. No. 685, §1, adopted July 10, 2018, repealed the former §§7.32.050—7.32.060, and enacted a new section 7.32.050 as set out herein. The former section pertained to water conservation stages and derived from Ord. 675, 2015 and Ord. 674, 2015.

No one receiving city water service, shall knowingly make, cause, use or permit the use of water for residential, commercial, industrial, government or any other purpose in a manner contrary to any provision of this chapter, or in an amount in excess of that use permitted by the conservation state in effect pursuant to action taken by the city council, in accordance with the provisions of this chapter.

The city council shall adopt, via resolution, water conservation stages with applicable restrictions for each stage, which will go into effect upon implementation by the city council and publication of notice as set forth in this chapter.

(Ord. No. 686, §1, 6-12-2018)

Editor's note— Ord. No. 685, §1, adopted July 10, 2018, repealed the former §§7.32.050—7.32.060, and enacted a new section 7.32.060 as set out herein. The former section pertained to mandatory conservation phase implementation and derived from Ord. 675, 2015 and Ord 674, 2015.

Editor's note— Ord. No. 685, §1, adopted July 7, 2018, repealed §7.32.070, which pertained to prohibition on water waste and derived from Ord. 675, 2015 and Ord. 674, 2015.

A. Enforcement Objectives. It is one of the objectives of the city council that the citizens of Exeter are encouraged to voluntarily comply with the provisions of this chapter. In furtherance of said objective, the enforcement of this chapter may permit the issuance of a first warning of violation of this chapter, by way of a written courtesy notice of violation to the water user, before the issuance of a citation for further violations.

B. Notwithstanding the foregoing, any person violating any provision of this chapter shall be deemed guilty of an infraction which shall be punishable by a fine of up to one hundred dollars for the first infraction, two hundred dollars for the second infraction and five hundred dollars for the third and each subsequent infraction. Each day that a violation continues shall be regarded as a new and separate offense, except where the infraction cannot be immediately remedied by shutting off the source, in which case not more than forty-eight hours will be allowed to correct the problem. Beyond that, each new day will constitute a new and separate offense.

(Ord. 674, 2015; Ord. 675, 2015)

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 this chapter.

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

4. Other employees of the city are authorized to issue written courtesy notices of violation, but are not authorized to issue citations for said violations.

(Ord. 674, 2015; Ord. 675, 2015)

Consideration of written applications for exceptions regarding regulations and restrictions on water use not otherwise set forth in previous sections of this chapter shall be as follows:

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. Exceptions may be granted if:

1. Compliance with this chapter 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; and granting such exception would not cause the city to be in violation of state or federal laws, regulations or requirements; and/or

2. Compliance with this chapter would cause a condition affecting the health, sanitation, fire protection or safety of the applicant or the public.

(Ord. 674, 2015; Ord. 675, 2015)