Gilroy Municipal Code Art. I In General

For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:

“Foreman”

shall mean the foreman of water in the department of public works of the city.

“Person”

shall mean all domestic and foreign corporations, associations, syndicates, joint stock companies, partnerships of every kind, clubs, Massachusetts trusts, business trusts or common-law trusts, societies and individuals.

“Within the city”

shall mean within the corporate limits of the city as they now exist, or may hereafter be made to exist, by subsequent exclusion or addition.

“Without the city”

shall mean all the unincorporated area outside the city limits as they now exist or may hereinafter be made to exist by subsequent addition or exclusion.

(Ord. No. 479, § 1)

The duties of the director of finance shall be to keep all accounts with water customers or users, collect all accounts and assess all penalties pertaining to the department of public works and as hereinafter provided for in this chapter.

(Ord. No. 479, § 2)

Before water may be served from the city water mains to any person or premises, such person or the owner or occupant of such premises shall make a written application for such service upon a form provided by the city at the office of the director of finance. The information, required in all instances where application is made for water, shall include the name and address of the applicant, name of the street upon which such property fronts and the official house number, if any, assigned to the premises for which water is desired, together with the applicant’s status as owner or lessee.

(Ord. No. 479, § 3; Ord. No. 924, § 2, 6-21-1971)

Where a premises served with one meter is occupied by two or more independent consumers under one ownership, the lessor or renter making application for service shall be required to sign the application for service, thereby being responsible for all bills connected with water service at such premises.

(Ord. No. 479, § 3)

The owner may have separate services installed for each independent consumer, if he wishes, as an alternative to the preceding section.

(Ord. No. 479, § 3)

It shall be unlawful for any person to open any street hydrant or stopcock, gate, valve or to meddle with any street service, water connection or any water meter connected to any service pipe connected with the water mains or water pipes of the city, or to turn on or off, water mains or water pipes of the city, or to tap, break or injure any water mains or water pipes of the city, laid in any street, avenue or alley, or other public place, or any reservoir of the city, or to tap any water service pipe between the point of connection with the main and the meter, or to take or draw water from the mains, pipes or hydrants of the city, without paying the established rates therefor, or in any way to trespass upon the public property of the department of public works without permission first being obtained from the director of public works.

(Ord. No. 479, § 3)

No person shall tap, open or connect with any fixture or water main or pipe which forms any part of the system of the waterworks of the city without first notifying and obtaining permission from the director of public works, and no permit shall be given to any person whose indebtedness to the city for water or damage to fire hydrants, meters, pipes or fixtures, is delinquent, or who has on one or more occasions taken water from the distributing system without having received permission as herein provided.

(Ord. No. 479, § 3)

Fire hydrants are provided for use in extinguishing fires, flushing mains and emergency uses, and shall be opened and used only by the public works or fire departments of the city, or by such persons as are authorized to do so by the city administrator.

(Ord. No. 479, § 3)

All persons using water through fire hydrants or other hydrants owned or controlled by the city shall be required to get a permit to do so from the city administrator, who shall give no such permit to any person who has violated any of the provisions of this chapter or whose indebtedness to the city for water used, or damage to hydrants, meters, pipes or fixtures, is delinquent.

(Ord. No. 479, § 3)

Where fire hydrants, meters, pipes or other fixtures, any of which being the property of the city, are broken off or damaged, the total cost of damage and labor shall be paid by the person responsible for such damage and loss.

(Ord. No. 479, § 8)

No consumer shall supply water to any person other than the occupants of the premises of such consumer; provided, however, that such consumer may supply water to such persons for the use on the premises or in the performance of any contract for the improvement of any street or other public place after having given notice and received permission from the director of the department of public works. No consumer shall permit leaks or waste of water.

(Ord. No. 479, § 3)

Every application for water service shall be accompanied by cash deposits which shall be adopted by council resolution.

A service charge as established by council resolution shall also be paid with each application.

An applicant for water service whose credit with the city has been previously established need make no deposit. The payment by any person of his water bills by the 15th of each month to the city for a period of at least one year shall be presumed to have established acceptable credit for such purposes with the city.

(Ord. No. 479, § 4; Ord. No. 745, § 1; Ord. No. 924, § 2, 6-21-1971)

Lessors or renters of the premises upon which water service is furnished who have paid their water bills to the city by the twentieth of each month for a period of at least one year shall, upon demand, have their deposits as provided in the preceding section returned to them when their accounts are closed, but the amount of any unpaid bills shall be deducted from such deposit before such deposit is returned. No deposit need be returned without the surrender of the receipt issued therefor. At the expiration of one year after a closing bill has been rendered, the amount of the deposit or the balance thereof shall be forfeited and the same shall be transferred to the water operating fund.

(Ord. No. 479, § 4; Ord. No. 86-19, § 75, 10-6-1986)

All services and water meters installed by the department of public works shall remain the property of the department of public works and shall be maintained, renewed and repaired by the department of public works when rendered unserviceable through ordinary usage; provided, that where replacements, repairs or adjustments of any meter are rendered necessary by the act, negligence or carelessness of the consumer, or any member of his family or person in his employ, any expense caused thereby shall be charged against and collected from the consumer in the same manner as a water bill.

(Ord. No. 479, § 8)

No person shall install, maintain or use any physical connection between any private source of water supply and the city water supply; however, subject to the approval of the board of health of the state, the city may install and maintain emergency connections with other public utilities serving water for domestic use.

(Ord. No. 479, § 8)

All city water used on any premises served with a meter must pass through the meter. No bypass or connection around any meter shall be installed, maintained or used. Consumers shall be held responsible, and charged for, all water passing through the meter or meters serving those consumers.

(Ord. No. 479, § 8)

Any consumer may demand that the meter through which water is being furnished, be examined and tested by the department of public works for the purpose of ascertaining whether or not it is registering correctly the amount of water which is being delivered through it. Such demand shall be made in writing to the department of public works and shall be accompanied by a deposit as established by council resolution. It shall be the duty of the director of the department of public works to cause the meter to be examined and tested for the purpose of ascertaining whether or not it is registering correctly the water being delivered through it.

(Ord. No. 479, § 8; Ord. No. 924, § 2, 6-21-1971)

If upon examination and test as provided in the preceding section the meter shall be found to register over three per cent more water than actually passes through it, another meter will be substituted therefor, the fee as established by council resolution shall be returned to the person making the application and the water bill for the previous billing period adjusted in such a manner as the city administrator may deem fair and just. If the meter be found to register not over three per cent high the fee shall be forfeited to the city and the water bill paid as rendered.

(Ord. No. 479, § 8; Ord. No. 924, § 2, 6-21-1971)

No person shall draw water from the city’s water main into any steam boiler, hydraulic elevator, pressure (25 pounds or more) pump or similar apparatus. The owner in such a case shall provide a tank of sufficient capacity to afford a supply for at least twelve hours, into which tank water direct from the city main shall empty in such a manner as to positively eliminate back siphonage and there shall be no cross connections.

(Ord. No. 479, § 8)

As an alternative to the preceding section, the consumer may provide a service valve ahead of any steam boiler, hydraulic elevator or pressure pump, after such service valve shall be approved by the director of public works.

(Ord. No. 479, § 8)

Every person authorized to open fire hydrants shall be required to replace caps on the outlets when such hydrants are not in use. Failure to do so shall be deemed sufficient cause to prohibit further use of the hydrants and the refusal to grant subsequent permits for the use of such fire hydrants.

(Ord. No. 479, § 8)

If any person shall use any fire service for other than fire purposes, except as otherwise provided for in this chapter, the department of public works is hereby authorized to collect the sum of twenty-five dollars for each day of such use and to enforce this provision by cutting off all water from the property whereon such use occurred. When water is cut off by virtue of this provision, no further water shall be served to such property until the total sum for such use is paid; provided, that the city council may, upon application of any person aggrieved by the action of the department of public works hereunder, remit the charge or such part thereof as may appear just and reasonable.

(Ord. No. 479, § 8)

Whenever any plumber or any other person connecting service pipe to the property side of a meter shall use the water for testing the pipes, they must leave the service box in as good condition as found, and shall leave the water shut off if found so, and shall notify the department of public works at the time the connection is made. Any damage caused by the carelessness of any plumber or other person to any part of the meter box or connection shall be charged to and paid by such plumber or other person.

(Ord. No. 479, § 8)

City employees whose duty is to enter upon private premises to make inspection and examination of pipes, fixtures or attachments used in connection with the water supply, shall be provided with a badge or other credentials to identify them as authorized agents of the department of public works.

(Ord. No. 479, § 8)

If the placing of an approved check valve or other device on side of the meter of any consumer is necessary for the safety and protection of the water system or appliances thereof, such check valve, after approval by the director of public works, shall be immediately installed inside the property line by and at the expense of the consumer, at the order of the director of public works.

(Ord. No. 479, § 8)

The department of public works may require any water service to be equipped with an adequate shut-off valve (not a cock) at the expense of the consumer or owner within thirty days of notice to that effect by the department of public works to install the same. Whenever the department of public works requires a water service to be equipped with such an adequate shut-off valve, such valve shall be located inside the property line and on the street side of any fixture, including sprinklers. In a business zone the required shut-off valve may be located between the property line and the meter, but a minimum of two feet away from the meter and in a safe adequate box approved by the foreman.

(Ord. No. 479, § 8)

Water meters are to be located in the public rights-of-way unless permission for another location is granted by the city engineer when it is not practical to place said meter in the right-of-way. Water meters shall not be placed in driveways unless permission is granted by the city engineer.

(Ord. No. 479, § 8; Ord. No. 924, § 2, 6-21-1971)

Consumers using a temporary connection for water service shall place a faucet inside the property line; and no excavation for such connection, if located on city property, shall be kept open or unguarded. The service or meter box shall be kept in the same condition as the department of public works left it; namely, not dangerous to the public.

(Ord. No. 479, § 8)

The department of public works shall have the right and power to turn off the water at any time in the mains and pipes of the water system without notice, in case of an emergency.

(Ord. No. 479, § 8)

The department of public works with the approval of the city council, during a time of serious water shortage or expected water shortage, may declare a limited period or certain hours each day when water may be used for irrigation purposes or any purposes other than actual house or sanitary purposes. All persons violating such regulations if declared will be subject to penalties as set forth in this chapter.

(Ord. No. 479, § 8)

If a meter fails to register during any period, or is known to register inaccurately, the consumer shall be charged with the minimum for the service in question.

(Ord. No. 479, § 8)

In case a house or other building or part of building where water is furnished becomes vacant, the regular rate shall be charged and collected from the owner or renter thereof, whether water is used or not, unless the department of public works is notified thereof in writing, requesting discontinuance of service.

(Ord. No. 479, § 8)

**Amendment note—**Ord. No. 924, § 1, enacted June 21, 1971, repealed § 27.33, derived from Ord. No. 924, § 8, requiring water customers to turn off their water while a fire is in progress. The section was reserved to maintain sequence.

Nothing in this chapter shall be construed to change, modify or affect the provisions of Chapter 19 relating to the extension of sewer and water mains at the expense of the property owners.

(Ord. No. 479, § 9)