Gilroy Municipal Code Art. VI Water Supply Shortage Regulations

(a) A reliable minimum supply of potable water is essential to the public health, safety and welfare of the people and economy of the city.

(b) The city is located in a semi-arid region and is dependent upon local surface water, groundwater, and imported water supplies. A growing population, climate change, environmental concerns, and other factors in other parts of the state and western United States make the region highly susceptible to water supply reliability issues.

(c) There is a need for water conservation and regulations because there is a limited supply of water available to serve the residents and businesses of the city.

(d) Careful water management that includes water conservation measures to ensure a reliable minimum supply of water to meet current and future water supply needs.

(e) Article X, Section 2 of the California Constitution declares that the general welfare requires that water resources be put to beneficial use, waste or unreasonable use or unreasonable method of use of water be prevented, and conservation of water be fully exercised with a view to the reasonable and beneficial use thereof.

(f) Article XI, Section 7 of the California Constitution declares that a city or county may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws.

(g) California Water Code Section 375 et seq. authorizes water suppliers to adopt and enforce a comprehensive water conservation program to reduce water consumption and conserve supplies.

(h) The adoption and enforcement of permanent water conservation measures and a temporary water supply shortage program is necessary to manage the city’s potable water supply and to avoid or minimize the effects of drought and shortage within the city. The adoption of voluntary and mandatory water conservation measures is necessary to manage the city’s potable water supply in the long term. Such programs are essential to ensure a reliable and sustainable minimum supply of water for the public health, safety and welfare.

(Ord. No. 2014-11, § 1, 8-4-2014; Ord. No. 2015-04, § 1, 5-18-2015; Ord. No. 2016-15, § 1, 8-1-2016)

(a) The purpose of this article is to establish voluntary water conservation measures and a water supply shortage program that will reduce water consumption within the city through conservation, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, and maximize the efficient use of water within the City of Gilroy to avoid and minimize the effect and hardship of water shortage.

(b) This article establishes voluntary water conservation measures and temporary water conservation standards intended to alter behavior related to water use efficiency to be implemented during times of declared water shortage or declared water shortage emergency.

(c) This article also establishes permanent mandatory water conservation measures intended to safeguard a reliable and sustainable minimum supply of water for the public health, safety, and welfare.

(Ord. No. 2014-11, § 1, 8-4-2014; Ord. No. 2016-15, § 2, 8-1-2016)

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:

“Landscape irrigation system”

means an irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system.

“Person”

means any natural person or persons, corporation, public or private entity, governmental agency or institution, or any other user of water provided by the city.

“Potable water”

means water which is suitable for drinking.

“Public works director”

means the director of public works department of the city, and any act in this article required or authorized to be done by the public works director may be done on behalf of the public works director by an authorized officer or employee of the public works department.

“Recycled water”

means the reclamation and reuse of nonpotable water for beneficial use as defined in Title 22 of the California Code of Regulations.

“Single pass cooling systems”

means equipment where water is circulated only once to cool equipment before being disposed.

“Station”

means an area of irrigated landscape controlled by a single irrigation valve.

(Ord. No. 2014-11, § 1, 8-4-2014; Ord. No. 2015-04, § 2, 5-18-2015)

(a) Applicability.

(1) The provisions of this article apply to any person in the use of any potable water provided by the city.

(2) The provisions of this article do not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire and other similar emergency services.

(3) The provisions of this article do not apply to the use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale.

(4) The provisions of this article do not apply to the use of water by city facilities to sustain plants, trees, shrubs, or recreational turf.

(5) This article is intended solely to further the conservation of water. It is not intended to implement any provision of federal, state, or local statutes, resolutions, or regulations relating to protection of water quality or control of drainage or runoff.

(b) Saving Water—Level 0 (Zero Percent (0%) to Ten Percent (10%) Reduction). Level 0 is in effect at all times, and does not need to be declared by council. Level 0 is divided into voluntary and mandatory measures to comply with the State of California Governor’s executive order B-37-16.

(1) Voluntary. The following voluntary (as indicated with a “V”) water conservation measures are encouraged at all times. Following these measures will help save water, and water users are encouraged to save water year round.

a. V-0.1 Recommended Watering Hours. Watering or irrigating of lawn, landscape or other vegetated area with potable water is discouraged between the hours of 9:00 a.m. and 5:00 p.m. Pacific Standard/Daylight Savings Time.

b. V-0.2 Recommended Limit on Watering Duration. Watering or irrigating of lawn, landscape or other vegetated area with potable water using a landscape irrigation system or a watering device that is not continuously attended is recommended to be limited to no more than three (3) days a week with a duration of fifteen (15) minutes watering per water day per station. This subsection does not apply to landscape irrigation systems that exclusively use very low-flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a seventy percent (70%) efficiency standard.

c. V-0.3 Fix Leaks, Breaks or Malfunctions. Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user’s plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered should be corrected as soon as practical.

d. V-0.4. Washing vehicles at commercial conveyor car wash systems with recirculating water systems is recommended.

e. V-0.5 Filling Ornamental Lakes or Ponds. Filling or refilling ornamental lakes or ponds with potable water is encouraged only to the extent needed to sustain aquatic life.

f. V-0.6 through 0.19 Reserved.

(2) Mandatory. The following mandatory (as indicated with an “M”) water conservation measures are in effect at all times. Following these measures will help save water, and water users are encouraged to save water year round.

a. M-0.20 Washing Vehicles. Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not is prohibited, except by use of a hand-held bucket or similar container or a hand-held hose equipped with a positive self-closing water shut-off nozzle or device.

b. M-0.21 Washing Down Hard or Paved Surfaces. Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except for health and safety reasons by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off device, a low-volume, high-pressure cleaning machine equipped to recycle any water used, or a low-volume high-pressure water broom. This prohibition does not apply to pressure washing a wall when necessary for preparation prior to painting or repainting.

c. M-0.22 Recirculating Water for Water Fountains and Decorative Water Features. Operating a water fountain or other decorative water features that use non-recirculated water is prohibited.

d. M-0.23 Eliminate Excessive Water Flow or Runoff. Using water in any manner or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited.

e. M-0.24 Irrigating within Forty-Eight (48) Hours of Rainfall. The applications of potable water to outdoor landscapes during or within forty-eight (48) hours following measurable rainfall is prohibited.

f. M-0.25 Prohibition against Watering Turf in Medians. The irrigation with potable water of ornamental turf on public street medians, including roundabouts, is prohibited.

g. M-0.26 Irrigation outside Newly Constructed Homes. The irrigation with potable water outside of homes and buildings constructed after May 18, 2015, in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission is prohibited.

h. M-0.27 Drinking Water Served upon Request Only. Eating or drinking establishments, including but not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public place where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any person unless expressly requested.

i. M-0.28 Commercial Lodging Establishments Must Provide Guests Option to Decline Daily Linen Services. Hotels, motels and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language.

j. M-0.29 Installation of Single Pass Cooling Systems. Installation of single pass cooling systems is prohibited in buildings requesting new water service.

k. M-0.30 Installation of Non-recirculating Water System in Commercial Car Wash and Laundry Systems. Installation of non-recirculating water systems is prohibited in commercial conveyor car wash and new commercial laundry systems.

l. M-0.31 Pool Covers. It is required that all new and existing pools use a pool cover or solar blanket to reduce water loss due to evaporation.

m. M-0.32 Use of Recycled Water for Construction. When directed by the public works director, recycled water fill stations shall be made available for construction water for purposes including dust control. Recycled water fill stations may be removed upon completion of construction activities in the area.

n. M-0.33 Restaurants Required to Use Water Conserving Dish Wash Spray Valves. Food preparation establishments, such as restaurants or cafes, are prohibited from using non-water conserving dish wash spray valves.

(c) Level 1 Water Supply Shortage (Eleven Percent (11%) to Twenty Percent (20%) Reduction). A Level 1 water supply shortage exists when the city council determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and an eleven percent (11%) to twenty percent (20%) consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the city council of a Level 1 water supply shortage condition, the following mandatory water conservation requirements shall apply during such time that the Level 1 water supply shortage is in effect:

(1) Limits on Watering Hours. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 9:00 a.m. and 5:00 p.m. Pacific Standard/Daylight Savings Time on any day, except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. The use of recycled water is exempt from this prohibition.

(2) Limit on Watering Duration. Watering or irrigating of lawn, landscape or other vegetated area with potable water using a landscape irrigation system or a watering device that is not continuously attended is limited to no more than fifteen (15) minutes watering per designated water day per station. This subsection does not apply to land-scape irrigation systems that exclusively use very low-flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a seventy percent (70%) efficiency standard. The use of recycled water is exempt from this prohibition.

(3) Limits on Watering Days. Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to three (3) days per week from April through October. The watering days are designated depending upon house address and are to be determined by the public works director. During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one (1) day per week to be determined by the public works director.

(4) Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system must be repaired within seventy-two (72) hours of notification by the city unless other arrangements are made with the city.

(d) Level 2 Water Supply Shortage (Twenty-One Percent (21%) to Thirty-Five Percent (35%) Reduction). A Level 2 water supply shortage exists when the city council declares, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a twenty-one percent (21%) to thirty-five percent (35%) consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration of a Level 2 water supply shortage condition, the more restrictive of the prohibited or limited uses of water set forth in subsection (c) of this section, and the following mandatory water conservation requirements shall apply during such time that the Level 2 water supply shortage is in effect:

(1) Limits on Watering Days. Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to two (2) days per week from April through October. The watering days are designated depending upon house address and are to be determined by the public works director. During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one (1) day per week to be determined by the public works director.

(2) Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system must be repaired within forty-eight (48) hours of notification by the city unless other arrangements are made with the city.

(3) Limits on Filling Ornamental Lakes or Ponds. Filling or refilling ornamental lakes or ponds with potable water is prohibited, except to the extent needed to sustain aquatic life; provided, that such animals are of significant value and have been actively managed within the water feature prior to declaration of a supply shortage level under this section.

(4) Drought Water Rates. City council may consider adopting rate structures and other pricing mechanisms to maximize water conservation.

(e) Level 3 Water Supply Shortage—Emergency Condition (Thirty-Six Percent (36%) to Fifty Percent (50%) Reduction). A Level 3 water supply shortage shall be referred to as a water shortage emergency. A Level 3 condition exists when the city council declares, in its sole discretion, a water shortage emergency and notifies its residents and businesses that a greater than thirty-five percent (35%) reduction in consumer demand is necessary to maintain sufficient water supplies for public health and safety, pursuant to Water Code Section 350 et seq. Upon the declaration of a Level 3 water supply shortage condition, the more restrictive of the prohibited or limited uses of water set forth in subsections (c) and (d) of this section and the following mandatory water conservation requirements shall apply during such time that the Level 3 water supply shortage is in effect:

(1) No Watering or Irrigating. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited. This restriction does not apply to the following categories of use, unless the city has determined that recycled water is available and may be applied to the use:

a. Maintenance of vegetation, including trees and shrubs, that are watered using a hand-held bucket or similar container, hand-held hose equipped with a positive self-closing water shut-off nozzle or device;

b. Maintenance of existing landscape necessary for fire protection;

c. Maintenance of existing landscape for soil erosion control;

d. Maintenance of plant materials identified to be rare or essential to the well-being of protected species;

e. Maintenance of landscape within active public parks and playing fields, day care centers, golf course greens, and school grounds; provided, that such irrigation does not exceed two (2) days per week for no more than fifteen (15) minutes watering per designated water day per station and is prohibited between the hours of 9:00 a.m. and 5:00 p.m. Pacific Standard/Daylight Savings Time, according to the schedule established in subsection (d)(1) of this section;

f. Actively irrigated environmental mitigation projects.

(2) Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system must be repaired within twenty-four (24) hours of notification by the city unless other arrangements are made with the city.

(3) Limits on New Potable Water Service. Upon declaration of a Level 3 water shortage emergency condition, the city may limit the issuance of new potable water services, temporary meters and/or statements of immediate ability to serve or provide potable water service (such as can and will serve letters, certificates, or letters of availability), except under the following circumstances:

a. A valid, unexpired building permit has been issued for the project; or

b. The project is necessary to protect the public health, safety, and welfare; or

c. The applicant provides substantial evidence of an enforceable commitment that water demands for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of the city.

d. This provision does not preclude the resetting or turn-on of meters to provide continuation of water service or the restoration of service that has been interrupted for a period of one (1) year or less.

(4) Limits on Building Permits. Upon declaration of a Level 3 water supply shortage emergency condition, the city administrator is authorized to implement a program in his or her discretion to limit or withhold the issuance of building permits which require new or expanded water service, except to protect the public health, safety and welfare, or in cases which meet the city’s adopted conservation offset requirements.

(5) No New Annexations. Upon the declaration of a Level 3 water supply shortage condition, the city may suspend consideration of annexations to its service area. This subsection does not apply to boundary corrections and annexations that will not result in any immediate increased use of water.

(f) Procedures for Determination/Notification of Water Supply Shortage. The existence of Level 1, 2, or 3 water supply shortage conditions may be declared by resolution of the city council adopted at a regular or special public meeting held in accordance with state law. The mandatory conservation requirements applicable to the level of water supply shortage conditions declared by the city council will take effect immediately after the shortage level is declared. Within ten (10) days following the declaration of the shortage level, the resolution shall be published pursuant to Water Code Section 376.

(g) Hardship Waiver. If, due to unique circumstances, such as a fire, a specific requirement of this article would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water users, then the person may apply for a waiver to the requirement as provided in this section.

(1) Request. A written request for a hardship waiver must be submitted to the public works director.

(2) Supporting Documentation. The request for waiver must be accompanied by photographs, maps, drawings, and any other information as appropriate the applicant wishes to be used in reviewing the request.

(3) Required Findings for Waiver. The waiver may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the user’s property. An application for a waiver will be denied unless the public works director finds, based on the information provided in the application, supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the city or its agent, all of the following:

a. That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses;

b. That, because of special circumstances applicable to the property or its use, the strict application of this article would have a disproportionate impact on the property or use that exceeds the impacts to residents and businesses generally;

c. That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the city to effectuate the purpose of this article and will not be detrimental to the public interest; and

d. That the condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent or general in nature.

(4) Approval Authority. The public works director must act upon any completed application no later than ten (10) days after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver must be promptly notified in writing of any action taken. Unless specified otherwise at the time a waiver is approved, the waiver will apply to the subject property during the period of the mandatory water supply shortage condition.

(h) Mandatory Metering of Water Use at All City Hydrants. For uses other than fire suppression, all water delivered through city hydrants will require the use of meters in order to more accurately track the use of city water.

(Ord. No. 2016-15, § 3, 8-1-2016; Ord. No. 2021-05, 12-6-2021)

If a water supply shortage is declared by council, it shall be the duty of all city employees to give vigilant aid to the public works director in the enforcement of the provisions of this chapter, and to this end they shall report all violations thereof which shall come to their knowledge to the office of the public works director.

(Ord. No. 2014-11, § 1, 8-4-2014)

(a) Penalty. Any person violating, or causing or permitting to be violated, any of the provisions of this article may be deemed guilty of a misdemeanor. Upon conviction thereof, such person shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail for not more than thirty (30) days. Every such person shall be deemed to be guilty of a separate offense for every day during any portion of which any violation of any provision of this article is committed, continued or permitted by such person, and shall be punishable therefor as provided in this section.

(b) Notwithstanding any other provision of this article, whenever a violation of any section contained in this article is punishable as a misdemeanor, the city attorney may specify that the offense is an infraction, and proceed with prosecution as an infraction, unless the defendant objects to the offense being made an infraction, in which event the court may elect to have the complaint amended to charge as a misdemeanor, and the case shall proceed on a misdemeanor charge.

(1) First Violation. The city will issue a written warning and deliver a copy of the ordinance codified in this article by mail.

(2) Second Violation. A second violation within any consecutive twelve (12) month period is punishable by a fine not to exceed one hundred dollars ($100.00).

(3) Third Violation. A third violation within any consecutive twelve (12) month period is punishable by a fine not to exceed two hundred dollars ($200.00).

(4) Subsequent Violations. Any subsequent violations within any consecutive twelve (12) month period are punishable by a fine not to exceed five hundred dollars ($500.00).

(5) Separate Offenses. Each day that a person violated provisions of this article shall constitute a separate violation or offense.

(6) Willful Violations. In addition to fines, the city, after written notice, may install a flow restrictor device or discontinue service to consumers who willfully violate provisions of this section.

(c) All remedies provided for herein shall be cumulative and not exclusive.

(Ord. No. 2014-11, § 1, 8-4-2014; Ord. No. 2015-04, § 4, 5-18-2015; Ord. No. 2016-15, § 4, 8-1-2016)