Farmersville Municipal Code Ch. 13.06 Water Conservation

It is the purpose and intent of this chapter to minimize outdoor use of water provided by the City of Farmersville ("city") and to control unnecessary consumption of the available potable water supplies in the city.

(Ord. No. 469, § 2, 5-11-2015)

The provisions of this chapter shall apply to all persons, customers and real property within the city limits and those parcels receiving water services from the city within one of its extended service areas.

(Ord. No. 469, § 2, 5-11-2015)

No one within the city or any city extended service area shall make, cause, engage in or permit the use of water provided by the city for residential, commercial, industrial, governmental or any other purpose in a manner contrary to any provision of this chapter, or in amount in excess of that use permitted by the conservation stage in effect pursuant to action taken by the city council.

By resolution the city council will, from time to time, put into effect the following stages applicable to water use within the city and its extended service areas.

A. Stage I—Raising awareness of drought.

1. The city may provide notification to customers by direct mailing, newsletters, press releases or public meetings, that any drought condition exists and the city must take steps to reduce water consumption by its water service customers;

2. The city may provide educational literature or Internet links to educational literature for conservation practices regarding waste, over watering, leaks, etc. This includes information and assistance to customers on how to read their water meter and monitor water usage;

3. Outdoor water uses which cause substantial amounts of water to run off into a gutter, ditch or drain are prohibited. Overwatering of lawns, gardens, landscaped areas, trees, shrubs or other plants is prohibited;

4. The city encourages the use of native plants or other water conserving vegetation as well as the use of efficient landscaping systems (e.g. drip, timed sprinkler, etc.). Water service customers are encouraged to implement evening and early morning watering to reduce evaporation;

5. The city discourages the emptying and refilling of swimming pools, ponds and fountains between the hours of seven a.m. and seven p.m. (local time) from June 1st through August 31st;

6. The city encourages water-reducing practices in household use (e.g. full loads for dishwasher and clothes washer, low-flow showerhead, patio sweeping, use of shut-off valve on hose for car washing and watering, etc.).

B. Stage II—Volunteer conservation program and heightened awareness.

1. All elements of stage I shall remain in effect except to the extent otherwise indicated or modified in, or inconsistent with, the requirements of this stage as indicated hereafter.

2. Irrigation utilizing individual sprinklers or sprinkler systems of lawns, gardens, landscaped areas, trees, shrubs or other plants is permitted only on designated days before ten a.m. and after seven p.m. (local time). No outdoor watering is permitted during the day between ten a.m. and seven p.m. (local time). Excessive watering beyond beneficial use is prohibited.

Irrigation of lawns, gardens, landscaped areas, trees, shrubs, or other plants is permitted at any time if:

a. A hand-held hose with a shut-off nozzle is used; or

b. A hand-held faucet-filled bucket of five gallons or less is used; or

c. A drip or moist irrigation system is used.

Exception: City parks, other city maintained properties, commercial nurseries, similar establishments, and new landscapes are exempt from stage II irrigation restrictions, but will be requested to curtail all nonessential water use.

3. Designated days are:

a. Even numbered addresses:

b. Odd numbered addresses:

4. The washing of automobiles, trucks, trailers, boats, airplanes and other types of mobile equipment is permitted only on designated irrigation days. Such washing, when allowed, must be done with a hand-held bucket and/or a hand-held hose equipped with a shutoff nozzle for quick rinses. Vehicle/equipment washing may be exempt if the health, safety and/or welfare of the public is contingent upon frequent cleanings, such as garbage and septic hauling trucks and vehicles used to transport food and perishables.

Exception: Washing may be done at any time on the immediate premises of a commercial car wash which has a city business license. Car washes by nonprofit community group(s) or organizations may be permitted subject to the following:

a. Permit for car wash must be obtained from the city;

b. Responsible person or persons must sign the permit, assure compliance with regulations and remain at the site the entire time the car wash is taking place;

c. Organization or group applying for a car wash permit shall provide written authorization from the property owner authorizing the car wash on their property;

d. No more than two car washes shall be allowed per calendar month. Permits will be issued on a first come first served basis except two consecutive permits shall not be issued to the same organization or group unless no other organization or group applies for a permit;

e. Hours of operation shall be from nine a.m. to six p.m.

f. Washing shall be done with a hand-held bucket and/or hand held hose equipped with a positive shut off nozzle for quick rinses;

g. All car wash activities must stop immediately upon the direction of a Farmersville Police Officer, Code Enforcement Officer or Public Works employee.

5. The operation of any ornamental fountain, waterfall or other structure making similar use of water is prohibited unless it uses a water recirculation system, such as an electric pump.

6. The washing or wetting of sidewalks, driveways, parking areas, courts, patios or other paved areas is prohibited, unless it is necessary for the health and/or safety of the public.

7. All restaurants and other businesses providing food service must serve water only upon specific customer request.

8. All operators of hotels and motels must provide guests with the option of choosing not to have towels and linens laundered daily and must prominently display notice of this option.

9. The city shall monitor its own monthly water use at city owned facilities and strive to reduce its own water consumption by ten percent as compared to the same time frame in preceding years.

C. Stage III—Mandatory conservation.

1. All elements of stage II shall remain in effect except to the extent otherwise indicated or modified in, or inconsistent with, the requirements of this stage as indicated hereafter.

2. All outdoor irrigation of vegetation, including irrigation of city parks, schools, houses, business and district lawns, shall occur only before ten a.m. and after seven p.m. on designated days (local time). No outdoor watering is permitted during the day between ten a.m. and seven p.m. (local time).

3. Designated days are as follows but, notwithstanding the following listed days, shall not include any portion of a listed day that is within forty-eight hours following measurable precipitation:

a. Even numbered addresses:

b. Odd numbered addresses:

4. Water service for construction projects will be handled on a case-by-case basis. A written request detailing water needs, time of use and other details requested by the city will be required and reviewed by staff. Final approval for service in this category will be granted by the public works director. Services in this category will be monitored on an individual project basis.

5. The city may notify its water service customers who are not located within the incorporated city limits that water service is now limited to residents of the City of Farmersville.

D. Stage IV—Mandatory compliance—Water emergency.

1. All elements of stage III shall remain in effect except to the extent otherwise indicated or modified in, or inconsistent with, the requirements of this stage as indicated hereafter.

2. All outdoor irrigation of vegetation must occur only before either six a.m. or after eight p.m., but not both, on designated days (local time). No outdoor watering is allowed during the day between six a.m. and eight p.m. (local time).

3. Designated days are as follows but, notwithstanding the following listed days, shall not include any portion of a listed day that is within forty-eight hours following measurable precipitation:

a. Even numbered addresses:

b. Odd numbered addresses:

3. The use of water from fire hydrants shall be limited to fire fighting and/or other activities immediately necessary to maintain the health, safety and/or welfare of the citizens of Farmersville.

4. The operation of any ornamental fountain, waterfall, recreational device or similar structure is prohibited.

5. The draining and refilling of swimming pools is prohibited.

6. The city may notify its water service customers who are not located within the incorporated city limits that water service is now limited to residents of the City of Farmersville.

7. The city shall monitor its own monthly water use at city owned facilities and take steps reasonably necessary to reduce its own water consumption by twenty percent, or such other percentage required by state law (if any), as compared to the same time frame in preceding years.

E. Stage V—Mandatory compliance—Extreme water crisis.

1. All elements of stage IV shall remain in effect except to the extent otherwise indicated or modified in, or inconsistent with, the requirements of this stage as indicated hereafter.

2. All outdoor irrigation of vegetation is prohibited.

3. Washing of vehicles shall be done only by a commercial car wash using only recycled or reclaimed water.

4. Designated days are:

a. Even numbered addresses:

b. Odd numbered addresses:

5. The city must notify its water service customers who are not located within the incorporated city limits that water service is now limited to residents of the City of Farmersville.

The city shall ensure that:

1. A one-time mailing, upon enactment hereof, will provide written notice of this water conservation ordinance to all city water service customers.

2. Each new applicant for water service will be provided a copy of the water conservation policy and the stage that is in effect.

3. Notice will be published in a local newspaper in English and Spanish to advise consumers of the effective date of the stage to be implemented each time there is a change.

4. Adequate projected reserve water capacity exists to support any new development prior to the approval, if any, by the city council. Adequate projected water supplies must exist before any additional demand is placed upon the city's water system to ensure sufficient water to all existing hookups.

(Ord. No. 469, § 2, 5-11-2015)

The public works director must monitor the projected supply and demand for city water and shall recommend to the city manager the extent of conservation required which will then be taken before the city council for direction or action. Therefore, the city council may order that the appropriate stage of water conservation be implemented or terminated in accordance with the applicable provisions of this chapter at a duly noticed city council meeting. The order shall be made by the adoption of an appropriate resolution, after which said resolution or a summary thereof shall be published in English and Spanish a minimum of one time in a local newspaper.

(Ord. No. 469, § 2, 5-11-2015)

(a) Enforcement objectives: It is one of the objectives of the city council that Farmersville water consumers are encouraged to voluntarily comply with the provisions of this chapter. In furtherance of said objectives, the enforcement of this chapter will permit the issuance of a first warning of violation of this chapter, by way of a written notice of violation to the water user, before the issuance of a citation for further violations.

(b) Notwithstanding the foregoing, any person other than the city who violates any provision of this chapter shall be punishable under, and subject all of the various enforcement remedies authorized in, Section 1.12.010 of the Farmersville Municipal Code, to the extent permitted by law.

(Ord. No. 469, § 2, 5-11-2015)

In addition to any other remedies which may otherwise be available to the city, the city 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 or any extended service area property receiving city water service, is found to contribute to and compound drought conditions which may, from time to time, exist within the city, to the detriment of one of our most precious, essential and finite resources, water. Such conditions cause injury to the health, safety and/or general welfare of the citizens of Farmersville.

(b) Therefore, the waste of water within the city or its extended service areas, on private or public property, except as expressly permitted within this chapter, is declared to constitute a public nuisance which may, as could any other violation of this chapter by a consumer, be abated in any lawful manner including, without limitation, under the procedures of Chapter 8.08 of the Farmersville Municipal Code or by way of any appropriate action brought by the city attorney in any court of competent jurisdiction.

(c) Except to the extent otherwise prohibited by state or federal law, each enforcement remedy available for a consumer's violation of this chapter shall be cumulative and not mutually exclusive of other available enforcement remedies.

(Ord. No. 469, § 2, 5-11-2015)

All police officers and persons authorized by law to issue citations within the city shall, in conjunction with the duties imposed upon them by law, diligently enforce the provisions of this chapter and, to the extent permitted by state law, enforce any state statutes and regulations relating in any way to drought conditions or water conservation, including without limitation Title 23 California Code of Regulations, section 864.

All employees of the city are encouraged to notify the public works department of any perceived violations of this chapter.

(Ord. No. 469, § 2, 5-11-2015)

For hardship cases only, exemptions may be granted for any of the above regulations upon application in writing stating, in detail, the circumstances warranting special consideration. A written appeal from any decisions made by the public works director must be timely filed with the city clerk within ten days and shall be heard by the city council or its designee.

(Ord. No. 469, § 2, 5-11-2015)