Fowler Municipal Code Art. 11 Operation

Representatives from the Water Department shall have the right of ingress and egress to the premises of the applicant at reasonable hours for any purpose reasonably connected with the furnishing of water services.

(Ord. 14-6 § 9-11)

When an abnormally large quantity of water is desired for filling a swimming pool or for other purposes, arrangements shall be made with the City prior to taking such water. Water to be used for other than domestic purposes, such as swimming pools and tanks, will be supplied only through a meter and filter system approved by the Board of Health of the State. All meters, lines, checks, filters, and appurtenances shall be furnished and installed by the applicant under the supervision of the City Superintendent. The system shall be open for inspection by the City Superintendent at all times.

Permission to take water in unusual quantities will be given only if it can be safely delivered through the facilities of the City and if other consumers are not inconvenienced thereby.

(Ord. 14-6 § 17-1)

All applicants for service connections and/or water services shall be required to accept such conditions of pressure and services as arc provided by the distribution system at the location of the proposed service connection and to hold the City harmless for any damages arising out of low pressure or high pressure water service conditions or from any interruptions in services.

(Ord. 14-6 § 2-6)

The City shall not accept responsibility for the maintenance of pressure, and the City reserves the right to discontinue service while making emergency repairs and the like. Consumers dependent upon a continuous supply should provide emergency storage.

(Ord. 14-6 § 2-7)

The City shall not be liable for damages which may result from an interruption in services from a cause beyond the control of the Water Department. Temporary shutdowns may be made by the Water Department to make improvements and repairs. Whenever possible and as time permits, all applicants affected will be notified prior to making such shutdowns. The City will not be liable for interruptions, shortages, or insufficiency of supply, or for any losses or damages occasioned thereby, if caused by an accident, act of God, fire, strike, riot, war, or any other cause not within its control.

(Ord. 14-6 § 9-10)

A person taking possession of a premises and using water from an active service connection without having made an application to the City for water services shall be held liable for the water delivered from the date the services were last given and billed and, if it is a metered connection, from the last recorded meter reading. If the meter is found to be inoperative, the quantity consumed will be estimated. If a proper application for water services is not made upon notification to do so by the City, and if accumulated bills for services are not paid immediately, the services may be discontinued by the City without further notice.

(Ord. 14-6 § 11-7)

(a) Water Waste Prevention Standards. In the use of water supplied by the City, no customer shall do or permit any of the following:

(1) Water any lawn except by the use of a hose held in the persons hand or a sprinkling device.

(2) Keep, maintain, operate, or use any water connection, hose, sprinklers, faucet, hydrant, pipe, outlet, or plumbing fixture which is not tight and free from leakage.

(3) Willfully or negligently waste water.

(4) Flood or sprinkle any part of the premises of another in a manner that causes property damage or deterioration.

(5) Flood any street, drain, gutter, or property.

(6) Flood or sprinkle the premises of another so as to prevent the normal use thereof or unreasonably wet objects thereon which should not be subjected to a spray of water except as naturally caused by the elements or by action of the owner of the object.

(7) Sprinkle or irrigate any yard, ground, premises, or vegetation unless the watering device used is controlled by an automatic shut-off device, or a person is in immediate attendance, of the hose or watering device.

(8) Wash any privately owned motor vehicle, trailer, or boat except from a bucket or in a commercial car wash, provided a hose equipped with a shutoff nozzle may be used for a quick rinse.

(9) Wash or rinse with a hose or watering device any sidewalk, driveway, parking area, tennis court, patio, or any other exterior paved area, except in a manner which prevents the bulk of the runoff water from entering the street and instead diverts such water to the other productive purposes such as landscape irrigation.

(b) Exception to Water Waste Standards. The prohibited uses of water provided for by this section are not applicable to the uses of water necessary for public health and safety or for essential government services such as police, fire, and other similar emergency services.

(c) Lawn Sprinkler Systems. Lawn sprinkler systems shall be properly designed, installed, maintained, and operated to prevent wastage of water.

(d) Watering Schedule. In addition to the requirements of subsections (a), (b) and (c) of this section, the following watering restrictions shall apply:

(1) Summer Watering Schedule (three (3) days per week). Between June 1 and September 30, no watering shall occur on Mondays or between the hours of 9:00 a.m. and 6:00 p.m. on any day. The following watering schedule shall apply:

(i) Customers with odd-numbered street addresses, ending in 1, 3, 5, 7, or 9, are allowed to water on Tuesdays, Thursdays and Saturdays.

(ii) Customers with even-numbered street addresses, ending in 0, 2, 4, 6, or 8, are allowed to water on Wednesdays, Fridays and Sundays.

(2) Winter, Spring, Fall Watering Schedule (2 days per week). Between October 1 and May 31, no watering shall occur on Mondays, Thursdays, or Fridays, but watering is allowed anytime of the day. The following watering schedule shall apply:

(i) Customers with odd-numbered street addresses, ending in 1, 3, 5, 7, or 9, are allowed to water on Tuesdays and Saturdays.

(ii) Customers with even-numbered street addresses, ending in 0, 2, 4, 6, or 8, are allowed to water on Wednesdays and Sundays.

(3) Exceptions to Watering Schedule. Exemptions from the odd/even watering schedule requirements are available upon written request and approval by the Public Works Director, or his/her designee, and subject to such terms and conditions imposed by the Public Works Director, or his/her designee. Exemptions available from the odd/even watering schedule include but are not necessarily limited to any of the following:

(i) Any person owning or operating a commercial or business enterprise whose economic well-being is dependent upon irrigation of a lawn, grass or turf owned, leased or operated by it.

(ii) Employees and agents of the City, in such instances wherein lawn, grass or turf used for play fields or areas owned and operated by the City require more frequent irrigation to prevent unreasonable damage thereto.

(iii) Owners and lessees (their employees and agents) of lands newly sodded or grass seeded which requires irrigation to prevent loss of new sod, seed or immature turf or grasses.

(iv) Owners and lessees (their employees and agents) of properties with multiple addresses or properties landscaped with areas of two (2) acres or larger. The owner(s) of such properties shall be required to submit a proposed watering schedule to the Water Department for approval, modification, or denial.

(4) Definition. For purposes of this section, watering shall mean the watering of landscaping, the washing of sidewalks, driveways, and similar areas, the washing of privately owned motor vehicles, trailers, or boats, or any other watering for private purposes that are similar in nature and would ordinarily be expected to be restricted by this section.

(e) Conditions of Service—Remedy for Violations. The provisions of this section are conditions of service. Each use of water by a customer that is inconsistent with the provisions of this section is an incident of water wastage. Where water wastage seriously effects the general service, the City may discontinue the service if such conditions are not corrected. In addition to discontinuing water services: (a) a customer may be responsible for payment of a water wastage fine approved by a resolution of the City Council; and (b) the City shall have the option of installing a water flow restrictor device for sixth and subsequent incidences of water wastage. The City shall provide the customer with written notice of intent to install a flow restrictor a minimum of forty-eight (48) hours in advance of installation.

(f) The customer shall be responsible for payment of the City's charges for installing and removing any flow restrictor device and for disconnection and reconnecting service. The charge for installing or removing any flow restrictor device must be paid to the City before the device is removed.

(g) In accordance with the Water Shortage Contingency Plan the City Manager or his/her designee may enact the drought response stages. If enacted, the drought response stage requirements will supersede the requirements of subsection (d) of this section.

(Ord. 14-6 § 9-3; Ord. 2001-04 § 2, 6-5-2001; Ord. 2001-06 § 1; Ord. No. 2014-01, § 1, 3-4-2014; Ord. No. 2017-02, § 1, 8-1-2017; Ord. No. 2023-02, § 1, 7-18-2023)

Violations of this chapter, any law, resolution, or order fixing rates and charges of the City shall result in discontinuance of water services. The Public Works Director shall discontinue water service in accordance with Section 6-4.1109. In addition, any violation of this chapter shall be subject to the penalty provisions of Chapters 2 and 8, of Title 1 of the Municipal Code. The City may pursue any other available remedy under Federal, State, County, or City law.

(Ord. 14-6 § 2-9; Ord. No. 2014-01, § 2, 3-4-2014)

(a) Water services to a premises may be disconnected or refused connection where cross-connections exist, unsafe appliances or apparatus are used, there is noncompliance with regulations and laws relating to water distribution systems, or to protect the city against fraud or abuse.

(b) Upon vacating premises users shall notify the City Water Department two (2) days prior to vacating to disconnect service. Failure to notify will result in the user being liable for charges whether or not water is used.

(c) Nonresidential users may have service disconnected for nonpayment of charges on or after the twentieth (20th) day of the month of billing.

(d) Residential users may have service disconnected for delinquent nonpayment of charges in accordance with the City's duly adopted Residential Water Service Discontinuation Policy, which such policy shall be posted on the City's internet Website, or as otherwise provided upon due notice and pursuant to the provisions of the California Public Utilities Code Sections 10010 and 10010.1. If there is any conflict, the City's duly adopted written policy shall control.

(e) No disconnections of water service shall occur during a time period when the business office of the Water Department is closed.

(f) A reconnection fee, as established by Council resolution, shall be paid before water services are reconnected.

(Ord. 14-6 §§ 12-1 and 12-4 through 12-8, as amended by Ord. 88-4, eff. May 5, 1988)

(Ord. No. 2019-01, § 3, 3-19-2019; Ord. No. 2024-01, § 2, 3-5-2024)

(Ord. 14.6 § 12-3, as amended by Ord. 14-7 § I, reserved by Ord. 88-4, eff. May 5, 1988)

When turning on the water supply as requested and the house or property is vacant, the City will endeavor to ascertain if water is running on the inside of the building. If such is found to be the case, the water will be left shut off at the curb cock on the inlet side of the meter. The jurisdiction and responsibility of the City shall end at the property line, and the City will in no case be liable for damages occasioned by water running from open or faulty fixtures or from broken or damaged pipes inside the property line.

(Ord. 14-6 § 11-8)

Notwithstanding anything to the contrary in this article, and in addition to anything set forth in this article, during any declared State of Emergency by the State, or City or Federal government related to drought or potable water conditions , the City Council may by resolution adopt additional water restrictions, including restrictions on the days and times of day for outdoor watering and mandatory water usage limits, and impose penalties on the customer for violations of those additional restrictions. The penalties shall be added to the customer's account. A violation of the additional restrictions shall also be deemed a violation of the Municipal Code.

(Ord. 2015-05, § 2, 5-5-2015; Ord. No. 2015-06, § 1, 5-19-2015; Ord. No. 2023-02, § 2, 7-18-2023)

Editor's note— Ord. No. 2015-05, § 2, adopted May 5, 2015, set out provisions intended for use as § 6-4.1109. At the editor's discretion, to prevent duplication of section numbers, these provisions have been included as § 6-4.1112.