Hawthorne Municipal Code Ch. 8.60 Water Conservation Program

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

(Ord. 2080 § 1, 2014; Ord. 2093 § 1, 2015)

This chapter is enacted for the purpose of conservation of current water supplies and minimization of the effects of water supply shortages that are the result of drought in order to protect and preserve public health, safety and welfare.

(Ord. 2080 § 1, 2014; Ord. 2093 § 1, 2015)

These regulations shall remain in effect for the duration of the drought emergency or until repeal of the ordinance codified in this chapter.

(Ord. 2080 § 1, 2014; Ord. 2093 § 1, 2015)

A. The washing down of paved surfaces, including, but not limited to, sidewalks, driveways, parking lots, tennis courts, or patios, is prohibited, except when it is necessary to alleviate safety or sanitation hazards.

B. The wasting of water resulting from inefficient landscape irrigation, such as runoff, low head drainage, or overspray, etc. is prohibited. Water flowing onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures is also prohibited.

C. The irrigation of residential and commercial landscape is only permitted before eight a.m. and after six p.m. only and not during and within forty-eight hours after a measurable rainfall.

D. The watering of landscaped areas, including trees and shrubs, located on residential and commercial properties that are not irrigated by a landscape irrigation system requires the use of a hand-held hose equipped with a positive shut-off nozzle or bucket.

E. The irrigation of nursery and commercial grower's products is only permitted before eight a.m. and after six p.m. only. Watering is permitted at any time with a hand-held hose equipped with a positive shut-off nozzle, a bucket, or when a drip/micro-irrigation system/equipment is used. Irrigation of nursery propagation beds is permitted at any time. Watering of livestock is permitted at any time.

F. Re-circulated water is required to operate ornamental fountains.

G. The washing of vehicles requires the use of a bucket and a hand-held hose with positive shut-off nozzle, mobile high pressure/low volume wash system, or at a commercial site that re-circulates (reclaims) water on-site. Washing during hot conditions is prohibited when additional water is required due to evaporation.

H. The service and refill of water at restaurants and other food service establishments shall only occur upon request.

I. Hotels, motels, and other commercial lodging establishments are required to offer guests the option of not laundering towels and linens daily.

J. The repair of all water leaks within five days of notification by the city of Hawthorne or the water agency is required, unless other arrangements are made with the code enforcement department.

K. The use of recycled or non-potable water for construction purposes is required, when available.

L. Irrigation of ornamental turf in public street medians with potable water is prohibited.

M. Irrigation outside newly constructed homes and buildings with potable water is prohibited unless delivered by drip irrigation and/or micro spray.

N. Other duly adopted restrictions on the use of potable water as prescribed from time to time by the Public Utilities Commission or other authorized government agencies are incorporated herein by reference.

(Ord. 2080 § 1, 2014; Ord. 2093 § 1, 2015)

A. Stage 1 mandatory restrictions on water use may be adopted when the Hawthorne city council determines, in its sole discretion that drought or other water supply conditions are such that additional prohibitions on water use are needed to reduce water consumption.

B. In addition to the prohibited uses of water outlined in Section 8.60.040, the following restrictions on water use are implemented when Stage 1 mandatory restriction on water use is in effect:

1. Outdoor Irrigation Restrictions.

a. Irrigating ornamental landscapes with potable water is limited to no more than three days per week on a schedule established and posted by the city of Hawthorne or its agent, or as follows:

i. Water users with even-numbered addresses may irrigate on Saturdays, Tuesdays, and Thursdays.

ii. Water users with odd-numbered addresses may irrigate on Sundays, Wednesdays, and Fridays.

iii. Water users without a street address may irrigate on Saturdays, Tuesdays, and Thursdays.

iv. Notwithstanding the foregoing restrictions, irrigation of special landscape areas or commercial nurseries may occur as needed, provided that the water user who wishes to irrigate a special landscape area or commercial nursery presents the city of Hawthorne or its agent with a plan to achieve water use reductions commensurate with those that would be achieved by complying with foregoing restrictions.

b. Irrigating ornamental landscape with potable water is prohibited during the hours between eight a.m. and six p.m.

c. The foregoing restrictions do not apply to:

i. Landscape irrigation zones that exclusively use drip irrigation systems and/or micro spray irrigation system;

ii. Irrigation of ornamental landscapes with the use of a hand-held bucket or similar container, a continuously monitored hose which is fitted with an automatic shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use or monitored, or for the express purpose of adjusting or repairing an irrigation system.

2. All leaks, breaks, or other malfunctions in the water user's plumbing fixture(s) or irrigation system(s) must be repaired within five business days of a written notification to repair the broken or defective plumbing fixture or irrigation system being delivered to the water user.

3. Using potable water for the following actions is prohibited:

a. The application of potable water to driveways and sidewalks;

b. The use of potable water in a water feature, except where the water is part of a recirculating system;

c. The application of potable water to outdoor landscapes during and within forty-eight hours after measurable rainfall.

(Ord. 2093 § 1, 2015)

A. Stage 2 mandatory restrictions on water use may be adopted when the Hawthorne city council determines, in its sole discretion that drought or other water supply conditions are such that prohibitions on water use beyond those prescribed by the Stage 1 restrictions on water use are needed to reduce water consumption.

B. In addition to the prohibited uses of water outlined in Section 8.60.040, the following restrictions on water use are implemented when Stage 2 mandatory restrictions on water use is in effect:

1. Outdoor Irrigation Restrictions.

a. Irrigating ornamental landscapes with potable water is limited to no more than two days per week on a schedule established and posted by the city of Hawthorne or its agent, or as follows:

i. Water users with even-numbered addresses may irrigate on Saturdays and Tuesdays.

ii. Water users with odd-numbered addresses may irrigate on Sundays and Wednesdays.

iii. Water users without a street address may irrigate on Saturdays and Tuesdays.

iv. Notwithstanding the foregoing restrictions, irrigation of special landscape areas or commercial nurseries may occur as needed, provided that the water user who wishes to irrigate a special landscape area or commercial nursery presents the city of Hawthorne or its agent with a plan to achieve water use reductions commensurate with those that would be achieved by complying with foregoing restrictions.

b. The foregoing restrictions do not apply to:

i. Landscape irrigation zones that exclusively use drip irrigation systems and/or micro spray irrigation system;

ii. Irrigation of ornamental landscapes with the use of a hand-held bucket or similar container, a continuously monitored hose which is fitted with an automatic shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use or monitored, or for the express purpose of adjusting or repairing an irrigation system.

2. All leaks, breaks, or other malfunctions in the water user's plumbing fixture(s) or irrigation system(s) must be repaired within three business days of a written notification to repair the broken or defective plumbing fixture or irrigation system being delivered to the water user.

(Ord. 2093 § 1, 2015)

A. Stage 3 mandatory restrictions on water use may be adopted when the Hawthorne city council determines, in its sole discretion that drought or other water supply conditions are such that prohibitions on water use beyond those prescribed by the Stage 2 restrictions on water use are needed to reduce water consumption.

B. In addition to the prohibited uses of water outlined in Section 8.60.040, the following restrictions on water use are implemented when Stage 3 mandatory restrictions on water use is in effect:

1. Outdoor Irrigation Restrictions.

a. Irrigating ornamental landscapes with potable water is limited to no more than one day per week on a schedule established and posted by the city of Hawthorne or its agent, or as follows:

i. Water users with even-numbered addresses may irrigate on Saturdays.

ii. Water users with odd-numbered addresses may irrigate on Sundays.

iii. Water users without a street address may irrigate on Saturdays.

iv. Notwithstanding the foregoing restrictions, irrigation of special landscape areas or commercial nurseries may occur as needed, provided that the water user who wishes to irrigate a special landscape area or commercial nursery presents the city of Hawthorne or its agent with a plan to achieve water use reductions commensurate with those that would be achieved by complying with foregoing restrictions.

b. The foregoing restrictions do not apply to:

i. Landscape irrigation zones that exclusively use drip irrigation systems and/or micro spray irrigation system;

ii. Irrigation of ornamental landscapes with the use of a hand-held bucket or similar container, a continuously monitored hose which is fitted with an automatic shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use or monitored, or for the express purpose of adjusting or repairing an irrigation system.

2. All leaks, breaks, or other malfunctions in the water user's plumbing fixture(s) or irrigation system(s) must be repaired within two business days of a written notification to repair the broken or defective plumbing fixture or irrigation system being delivered to the water user.

3. Using potable water for the following actions is prohibited:

a. Use of potable water for street cleaning with trucks, except for initial wash-down for construction purposes (if street sweeping is not feasible);

b. Use of potable water for construction purposes, such as consolidation of backfill, dust control, or other uses unless no other source of water or other method can be used.

4. Operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. The hotel or motel shall prominently display notice of this option in each guest room using clear and easily understood language.

5. Re-filling and initial filling of single-family residential swimming pools or outdoor spas with potable water is prohibited.

6. Filling or re-filling 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 the implementation of any staged mandatory restrictions on water use.

(Ord. 2093 § 1, 2015)

A. Stage 4 mandatory restrictions on water use may be adopted when the Hawthorne city council determines, in its sole discretion that drought or other water supply conditions are such that prohibitions on water use beyond those prescribed by the Stage 3 mandatory restrictions on water use are needed to reduce water consumption.

B. In addition to the prohibited uses of water outlined in Section 8.60.040, the following restrictions on water use are implemented when Stage 4 mandatory restrictions on water use is in effect:

1. Irrigating ornamental landscape with potable water is prohibited, except when a hand-held bucket or a similar container, or a continuously monitored hose which is fitted with an automatic shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use or monitored is used to maintain vegetation, including trees and shrubs.

2. All leaks, breaks, or other malfunctions in the water user's plumbing fixture(s) or irrigation system(s) must be repaired within one business day of a written notification to repair the broken or defective plumbing fixture or irrigation system being delivered to the water user.

3. Using potable water for the following actions is prohibited:

a. Use of potable water for street cleaning with trucks.

(Ord. 2093 § 1, 2015)

A. From time to time, the Hawthorne city council may determine that additional restrictions on water use are needed. The Hawthorne city council may implement a particular stage of mandatory restrictions on water use by resolution, adopted at a regular or special public meeting held in accordance with state law.

B. The restrictions set forth in the adopted stage of mandatory restrictions on water use shall take effect on the tenth calendar day after the date the stage is adopted, or immediately if adopted as an urgency measure by a four-fifths vote of the city council.

C. The restrictions set forth in the adopted stage of mandatory restrictions on water use shall remain in effect until the Hawthorne city council implements, by resolution, a different stage of mandatory restrictions on water use or determines, by resolution, that additional restrictions on water use are no longer needed.

(Ord. 2093 § 1, 2015)

A. Any person violating or causing or permitting to be violated, any of the provisions of this chapter, is deemed guilty of a misdemeanor. Upon conviction thereof, such person shall be punished by a fine not exceeding one thousand dollars, or by imprisonment in the County Jail for not more than thirty 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 chapter 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 code, whenever a violation of any section contained in this chapter is punishable as a misdemeanor, the city 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.

C. In addition to all other available remedies, including fines available pursuant to subsection A or B of this section, the city of Hawthorne or its agent is authorized to take the following actions when their personnel verify that a person is violating or causing or permitting to be violated any provision of this chapter:

1. First Violation. The city of Hawthorne or its agent shall provide the customer with a written notice of violation. In addition, the city of Hawthorne or its agent is authorized to install a real-time water measurement device on the customer's service line and provide the customer with access to information from the device. The cost of the device, including installation and ongoing operating costs, shall be billed to the customer, and nonpayment may result in discontinuance of service.

2. Second Violation. If the city of Hawthorne or its agent verifies that a person is violating or causing or permitting to be violated any provision of this chapter after having been notified of the first violation, the city of Hawthorne or its agent shall provide the customer with a second written notice of violation. In addition to the actions prescribed in subsection (C)(1) of this section, the city of Hawthorne or its agent is authorized to take the following actions:

a. Apply the following waste of water penalties to the customer's water utility bill, which are in addition to any other charges authorized by this chapter or other water utility charges adopted by the Hawthorne city council:

i. If Stage 1 is in effect, twenty-five dollars.

ii. If Stage 2 is in effect, fifty dollars.

iii. If Stage 3 is in effect, one hundred dollars.

iv. If Stage 4 is in effect, two hundred dollars.

b. At their sole discretion, waive the waste of water penalty if the customer provides documentation to the city of Hawthorne or its agent proving that a drip irrigation system, micro spray irrigation system, high-efficiency sprinkler system, or properly programmed smart irrigation controller has been installed, after a notice of violation was delivered, and is in use at the customer's service address.

3. Third Violation. If the city of Hawthorne or its agent verifies that a person is violating or causing or permitting to be violated any provision of this chapter after having been notified of the second violation, the city of Hawthorne or its agent shall provide the customer with a third written notice of violation. In addition to the actions prescribed in subsections (C)(1) and (C)(2) of this section, the city of Hawthorne or its agent is authorized to take the following actions:

a. Apply the following waste of water penalties to the customer's water utility bill, which are in addition to any other charges authorized by this chapter or other water utility charges adopted by the Hawthorne city council:

i. If Stage 1 is in effect, fifty dollars.

ii. If Stage 2 is in effect, one hundred dollars.

iii. If Stage 3 is in effect, two hundred dollars.

iv. If Stage 4 is in effect, four hundred dollars.

b. At their sole discretion, waive the waste of water penalty if the customer provides documentation to the city of Hawthorne or its agent proving that a drip irrigation system, micro spray irrigation system, high-efficiency sprinkler system, or properly programmed smart irrigation controller has been installed, after a notice of violation was delivered, and is in use at the customer's service address.

4. Fourth Violation. If the city of Hawthorne or its agent verifies that a person is violating or causing or permitting to be violated any provision of this chapter after having been notified of the third violation, the city of Hawthorne or its agent shall provide the customer with a fourth written notice of violation. In addition to the actions prescribed in subsections (C)(1), (C)(2), and (C)(3) of this section, the city of Hawthorne or its agent is authorized to install a flow-restricting device on the customer's service line. The city of Hawthorne or its agent shall not be held liable for any injuries, damages, and or consequences arising from the installation of a flow-restricting device.

5. Egregious Violations. If the city of Hawthorne or its agent verifies that a person is egregiously violating or egregiously causing or permitting to be violated any provision of this chapter the city of Hawthorne or its agent is authorized to install a flow-restricting device on the customer's service line after providing the customer with one written notice.

D. Separate Offenses. Each day that a person violated provisions of this chapter shall constitute a separate violation or offense.

E. All remedies provided for herein shall be cumulative and not exclusive.

(Ord. 2080 § 1, 2014; Ord. 2093 § 1, 2015)

The installation of a flow-restricting device on a customer's service line is subject to the following conditions:

A. The device shall be capable of providing the premises with a minimum of three Ccf per person, per month, based upon the U.S. Census calculation of the average number people in a household in the area.

B. The device may only be removed by the city of Hawthorne or its agent, and only after a minimum threeday period has elapsed.

C. Any tampering of the device may result in the discontinuation of the customer's water service and the customer being charged for any damage to the city of Hawthorne or its agent's facilities and any required service visits.

D. After the removal of the device, if the city of Hawthorne or its agent verifies that the customer is again violating or causing or permitting to be violated any provision of this chapter, the city of Hawthorne or its agent may install another flow-restricting device on the customer's service line without prior notice. This device shall remain in place until water supply conditions warrant its removal. If, despite the installation of the device, the city of Hawthorne or its agent verifies that the again violating or causing or permitting to be violated any provision of this chapter, then the city of Hawthorne or its agent may discontinue the customer's water service.

E. The charge for removal of a flow-restricting device installed pursuant to this chapter is one hundred dollars during normal business hours, and one hundred fifty dollars for the device to be removed outside of normal business hours.

(Ord. 2093 § 1, 2015)

A. During declared stages of mandatory restrictions on water use, the Hawthorne city council may determine that mandatory water budgets are required to achieve necessary and/or required reductions in water use. The Hawthorne city council may implement a particular stage of mandatory water budgets by resolution, adopted at a regular or special public meeting held in accordance with state law.

B. The water budgets set forth in the adopted stage shall take effect on the tenth calendar day after the date the stage is adopted, or immediately if adopted as an emergency measure by a four-fifths vote of the city council.

C. The water budgets set forth in the adopted stage shall remain in effect until the Hawthorne city council implements, by resolution, a different stage of mandatory water budgets or determines, by resolution, that water budgets are no longer needed.

D. Monthly water budgets shall be based on a customer's consumption during a historical base period and shall include a percentage reduction designed to meet necessary and/or required reductions in water use, both of which shall be specified in the resolution implementing a particular stage of mandatory water budgets.

E. Minimum monthly water budgets shall be established and be calculated by multiplying fifty-five gallons of water per capita per day (GPCD) by the average household size in the service area of the city of Hawthorne's water system as determined by the United States Census, and multiplying that number by thirty. For example, if the United States Census indicates that the average household size is three individuals, the minimum monthly water budget would be four thousand nine hundred fifty gallons, or seven Ccf.

F. If customers do not meet or exceed their water budget in a given month, they shall be allowed to carry the balance forward into future months. For example, if a customer's monthly water budget was twelve Ccf in a given month, but the customer only used ten Ccf, the customer would be able to carry the additional two Ccf into future months, increasing the customer's budget by that amount each month until such time as the customer exceeds the monthly water budget by an amount greater than the unused balance.

G. In addition to the normal rate paid for each unit of water, a drought penalty will be applied to the customer's water bill for each unit of water used over the established water budget for the billing period.

(Ord. 2093 § 1, 2015)

A. Stage 1 mandatory water budgets may be adopted when the Hawthorne city council determines, in its sole discretion that drought or other water supply conditions are such that mandatory water budgets are needed to reduce water consumption.

B. The drought penalty shall be equal to the per-unit rate charged in the highest tier of usage. For example, if the per-unit rate charged in the highest tier of usage is two dollars, the drought penalty would equal two dollars for each unit of water used in excess of the customer's water budget. Drought penalties shall be applied in addition to the normal rate paid for each unit of water.

(Ord. 2093 § 1, 2015)

A. Stage 2 mandatory water budgets may be adopted when the Hawthorne city council determines, in its sole discretion that drought or other water supply conditions are such that mandatory water budgets that are more restrictive than those in Stage 1 mandatory water budgets are needed to reduce water consumption.

B. The drought penalty shall be equal to two times the per-unit rate charged in the highest tier of usage. For example, if the per-unit rate charged in the highest tier of usage is two dollars, the drought penalty would equal four dollars for each unit of water used in excess of the customer's water budget. Drought penalties shall be applied in addition to the normal rate paid for each unit of water.

(Ord. 2093 § 1, 2015)

A. Stage 3 mandatory water budgets may be adopted when the Hawthorne city council determines, in its sole discretion that drought or other water supply conditions are such that mandatory water budgets that are more restrictive than those in Stage 2 mandatory water budgets are needed to reduce water consumption.

B. The drought penalty shall be equal to three times the per-unit rate charged in the highest tier of usage. For example, if the per-unit rate charged in the highest tier of usage is two dollars, the drought penalty would equal six dollars for each unit of water used in excess of the customer's water budget. Drought penalties shall be applied in addition to the normal rate paid for each unit of water.

(Ord. 2093 § 1, 2015)

For the purposes of this chapter, the following terms have the meaning set forth in this section.

"Agent"

means the current operator of the city of Hawthorne's water system, if other than the city.

"Commercial nursery"

means the use of land, buildings or structures for the growing and/or storing of flowers, fruit trees, ornamental trees, vegetable plants, shrubs, trees and similar vegetation for the purpose of transplanting, for use as stock or grafting, and includes the retail sale or wholesale distribution of such items directly from the premises/lot.

"Drip irrigation system"

means a non-spray, low-pressure, and low volume irrigation system utilizing emission devices with a precipitation or flow rate measured in gallons per hour (GPH), designed to slowly apply small volumes of water at or near the root zone of plants or other landscaping.

"Flow rate"

means the rate at which water flows through pipes, valves, and emission devices, measured in gallons per minute (GPM), gallons per hour (GPH), inches per hour (IPH), hundred cubic feet (Ccf), or cubic feet per second (CFS).

"Irrigation"

means the application of potable water by artificial means to landscape.

"Irrigation system"

means the components of a system meant to apply water to an area for the purpose of irrigation, including, but not limited to, piping, fittings, sprinkler heads or nozzles, drip tubing, valves, and control wiring.

"Landscape"

means all of the outdoor planting areas, turf areas, and water features at a particular location.

"Measurable rainfall"

means any amount of precipitation of more than one-tenth of an inch.

"Micro spray irrigation system"

means a low-pressure, low-volume irrigation system utilizing emission devices that spray, mist, sprinkle, or drip with a precipitation or flow rate measured in GPH, designed to slowly apply small volumes of water to a specific area.

"Ornamental landscape"

means shrubs, bushes, flowers, ground cover, turf, lawns, and grass planted for the purpose of improving the aesthetic appearance of property, but does not include crops or other agricultural products or special landscape areas.

"Person"

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

"Plumbing fixture"

means a receptacle or device that is connected to a water supply system, including, but not limited to, pipes, toilets, urinals, showerheads, faucets, washing machines, water heaters, tubs, and dishwashers.

"Potable water"

means water which conforms to the federal and state standards for human consumption.

"Runoff"

means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape onto other areas.

"Special landscape area"

means an area of the landscape dedicated solely to edible plants and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface.

"Turf"

means a ground cover surface of grass that can be mowed.

"Water feature"

means a design element where open, artificially supplied water performs an aesthetic or recreation feature, including, but not limited to, ponds, lakes, waterfalls, fountains, and streams.

(Ord. 2093 § 1, 2015)