Huntington Park Municipal Code Art. 4 Mandatory Water Conservation

The Water Division shall monitor and evaluate the projected supply and demand for water by its customers, and shall recommend to the City Council the extent of the conservation required by the customers of the Water Division in order for the Water Division to prudently plan for and supply water to its customers. Thereafter, the City Council, by resolution, may order that the appropriate phase of water conservation be implemented, modified or rescinded in accordance with the applicable provisions of this article. Said resolution shall become effective immediately upon the adoption by the City Council and shall be published one time only in a daily newspaper of general circulation. The customer percentage curtailment provisions shall take effect with the first full billing period commencing on or after the effective date of the adoption by the City Council.

(§ 1, Ord. 484-NS, eff. April 17, 1991)

No customer of the City shall make, cause, use or permit the use of water from the City in a manner contrary to any provision of this article or in an amount in excess of that use permitted by any curtailment provisions then in effect pursuant to action taken by the governing board in accordance with the provisions of this article.

State Water Conservation Permanent Water Use Prohibitions.

(a) To prevent the waste and unreasonable use of water and to promote water conservation, each of the following actions is prohibited, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a State or Federal agency:

(1) The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures;

(2) The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use;

(3) The application of potable water to driveways and sidewalks;

(4) The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system;

(5) The application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall;

(6) The serving of drinking water other than upon request in eating or drinking establishments, including, but not limited to, restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served and/or purchased;

(7) The irrigation with potable water of ornamental turf on public street medians; and

(8) The irrigation with potable water of landscapes outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development.

(b) To promote water conservation, 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 guestroom using clear and easily understood language.

(c) Upon this subdivision taking effect, all commercial, industrial and institutional properties that use a water supply, any portion of which is from a source other than a water supplier subject to Section 864.5 or 865 of Title 23 of the California Code of Regulations, shall either:

(1) Limit outdoor irrigation of ornamental landscapes or turf with potable water to no more than two days per week; or

(2) Target potable water use reductions commensurate with those required of the nearest urban water supplier under Section 864.5 or, if applicable, Section 865. Where this option is chosen, these properties shall implement the reductions on or before July 1, 2016.

(d) The taking of any action prohibited in subsection (a) or (e), or the failure to take any action required in subsection (b) or (c), is an infraction punishable by a fine of up to $500 for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal.

(1) To prevent the waste and unreasonable use of water and to promote water conservation, any homeowners' association or community service organization or similar entity is prohibited from:

(i) Taking or threatening to take any action to enforce any provision of the governing documents or architectural or landscaping guidelines or policies of a common interest development where that provision is void or unenforceable under Section 4735, subdivision (a) of the Civil Code; or

(ii) Imposing or threatening to impose a fine, assessment, or other monetary penalty against any owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during a declared drought emergency, as described in Section 4735, subdivision (c) of the Civil Code.

(2) As used in this subsection:

(i) "Architectural or landscaping guidelines or policies" includes any formal or informal rules other than the governing documents of a common interest development.

(ii) "Homeowners' association" means an "association" as defined in Section 4080 of the Civil Code.

(iii) "Common interest development" has the same meaning as in Section 4100 of the Civil Code.

(iv) "Community service organization or similar entity" has the same meaning as in Section 4110 of the Civil Code.

(v) "Governing documents" has the same meaning as in Section 4150 of the Civil Code.

(vi) "Separate interest" has the same meaning as in Section 4185 of the Civil Code.

(3) If a disciplinary proceeding or other proceeding to enforce a rule in violation of subdivision (e)(1) of Section 863 of Title 23 of the California Code of Regulations is initiated, each day the proceeding remains pending shall constitute a separate violation of this regulation.

(e) To prevent the waste and unreasonable use of water and to promote water conservation, any city, county, or city and county is prohibited from imposing a fine under any local maintenance ordinance or other relevant ordinance as prohibited by Section 8627.7 of the Government Code.

(§ 1, Ord. 484-NS, eff. April 17, 1991, as amended by § 2, Ord. 2022-03, eff. January 6, 2023)

(a) During a Level 1 Drought Response condition, as mandated by the State, the City will increase its public education and outreach efforts to emphasize increased public awareness of the need to implement the following voluntary water conservation practices:

(1) Stop washing down paved surfaces, including, but not limited to, sidewalks, driveways, parking lots, tennis courts, or patios, except when it is necessary to alleviate safety or sanitation hazards.

(2) Stop water waste resulting from inefficient landscape irrigation, such as runoff, low head drainage, or overspray, etc. Similarly, stop water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures.

(3) Irrigate residential and commercial landscape before 10:00 a.m. and after 8:00 p.m. only.

(4) Use a hand-held hose equipped with a positive shut-off nozzle or bucket to water landscaped areas, including trees and shrubs located on residential and commercial properties that are not irrigated by a landscape irrigation system.

(5) Irrigate nursery and commercial grower's products before 10:00 a.m. and after 8:00 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/microirrigation system/equipment is used. Irrigation of nursery propagation beds is permitted at any time. Watering of livestock is permitted at any time.

(6) Use re-circulated water to operate ornamental fountains.

(7) Wash vehicles using 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. Avoid washing during hot conditions when additional water is required due to evaporation.

(8) Serve and refill water in restaurants and other food service establishments only upon request.

(9) Offer guests in hotels, motels, and other commercial lodging establishments the option of not laundering towels and linens daily.

(10) Repair all water leaks within five days of notification by the City unless other arrangements are made with the Director of Field Services.

(11) Use recycled or non-potable water for construction purposes when available.

(§ 1, Ord. 484-NS, eff. April 17, 1991, as amended by § 1, Ord. 513-NS, eff. January 6, 1993, and § 2, Ord. 2022-03, eff. January 6, 2023)

(a) During a Level 2 Drought Response condition, as mandated by the State, all persons using City supplied water shall comply with all State Water Conservation Permanent Water Use Prohibitions, and Level 1 Drought Response water conservation practices during a Level 2 Drought Alert, and shall also comply with the following additional mandatory conservation measures:

(1) Limit residential and commercial landscape irrigation to two days per week and during the hours between 8:00 p.m. and 10:00 a.m. on a schedule established by the Director of Field Services and posted by the City. During the months of November through May, landscape irrigation is limited to no more than once per week on a schedule established by the Director of Field Services and posted by the City. This section shall not apply to commercial growers or nurseries.

(2) Limit lawn watering and landscape irrigation using sprinklers to no more than 10 minutes per watering station per day. This provision does not apply to landscape irrigation systems using water efficient devices, including, but not limited to: weather-based controllers, drip/micro-irrigation systems and stream rotor sprinklers.

(3) Water landscaped areas, including trees and shrubs located on residential and commercial properties, and not irrigated by a landscape irrigation system governed by Section 6-5.404(a)(1), on the same schedule set forth in Section 6-5.404(a)(1) by using a bucket, hand-held hose with positive shut-off nozzle, or low-volume non-spray irrigation, for no more than 10 minutes per watering day.

(4) Repair all leaks within 72 hours of notification by the City unless other arrangements are made with the Director of Field Services.

(5) Stop operating ornamental fountains or similar decorative water features unless recycled water is used.

(§ 1, Ord. 484-NS, eff. April 17, 1991, as amended by § 2, Ord. 513-NS, eff. January 6, 1993, and § 2, Ord. 2022-03, eff. January 6, 2023)

(a) During a Level 3 Drought Response condition, as mandated by the State, all persons using City supplied water shall comply with all State Water Conservation Permanent Water Use Prohibitions, Level 1, and Level 2 Drought Response conditions and shall also comply with the following additional mandatory conservation measures:

(1) Limit residential and commercial landscape irrigation to two days per week during the hours between 8:00 p.m. and 10:00 a.m., as otherwise established by the Director of Field Services and posted by the City. During the months of November through May, landscape irrigation is limited to no more than once per week on a schedule established by the Director of Field Services and posted by the City. This section shall not apply to commercial growers or nurseries.

(2) Water landscaped areas, including trees and shrubs located on residential and commercial properties, and not irrigated by a landscape irrigation system governed by Section 6-5.405(a)(1), on the same schedule set forth in Section 6-5.405(a)(1) by using a bucket, hand-held hose with a positive shut-off nozzle, or low-volume non-spray irrigation, for no more than 10 minutes per watering day.

(3) Stop filling or re-filling ornamental lakes or ponds, 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 drought response level under this chapter.

(4) Stop washing vehicles except at commercial carwashes that re-circulate water, or by high pressure/low volume wash systems.

(5) Repair all leaks within 48 hours of notification by the City unless other arrangements are made with the General Manager.

(6) Additionally, no new potable water service shall be provided, no new temporary meters or permanent meters shall be provided, and no statements of immediate ability to serve or provide potable water service (such as, will serve letters, certificates or letters of availability) shall be issued, except under the following circumstances:

(i) A valid, unexpired building permit has been issued for the project; or

(ii) The project is necessary to protect the public's health, safety, and welfare; or

(iii) 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 City.

(§ 1, Ord. 484-NS, eff. April 17, 1991, as amended by § 3, Ord. 513-NS, eff. January 6, 1993, and § 2, Ord. 2022-03, eff. January 6, 2023)

(a) During a Level 4 Drought Response condition, as mandated by the State, all persons using City supplied water shall comply with all State Water Conservation Permanent Water Use Prohibitions, Level 1, Level 2, and Level 3 Drought Response conditions and shall also comply with the following additional mandatory conservation measures:

(1) Stop all landscape irrigation, except crops and landscape products of commercial growers and nurseries. This restriction shall not apply to the following categories of use unless the City has determined that recycled water is available and may be lawfully applied to the use:

(i) Maintenance of trees and shrubs that are watered on the same schedule set forth in Section 6-5.405(a)(1) by using a bucket, hand-held hose with a positive shut-off nozzle, or low-volume non-spray irrigation, for no more than 10 minutes per watering day;

(ii) Maintenance of existing landscaping necessary for fire protection as specified by the Fire Marshal of the local fire protection City having jurisdiction over the property to be irrigated;

(iii) Maintenance of existing landscaping for erosion control;

(iv) Maintenance of plant materials identified to be rare or essential to the well-being of rare animals;

(v) Maintenance of landscaping within active public parks and playing fields, day care centers, school grounds, cemeteries, and golf course greens, provided that such irrigation does not exceed two days per week according to the schedule established under Section 6-5.405(a)(1);

(vi) Watering of livestock; and

(vii) Public works projects and actively irrigated environmental mitigation projects.

(2) Repair all water leaks within 24 hours of notification by the City unless other arrangements are made with the Director of Field Services.

(§ 4, Ord. 513-NS, eff. January 6, 1993, as amended by § 2, Ord. 2022-03, eff. December 6, 2022)

(§ 1, Ord. 484-NS, eff. April 17, 1991; repealed by § 1, Ord. 498-NS, eff. February 19, 1992, renumbered by § 7, Ord. 513-NS, eff. January 6, 1993, as amended by § 2, Ord. 2022-03, eff. January 6, 2023)

(a) Violation by any customer of the water use prohibitions of Section 6-5.402, or restrictions found in Section 6-5.404, 6-5.405, or 6-5.406 shall be penalized as follows:

(1) First Violation. The City shall issue a written notice of the fact of a first violation to the customer.

(2) The first violation after written notice to customer shall result in a $100 fine for that first issued citation.

(3) Two hundred dollars fine for the second citation issued.

(4) Five hundred dollars fine for the third and subsequent citations issued.

(b) The City shall give notice of violation to the customer committing the violation as follows:

(1) Notice of violation of the water use prohibitions of Section 6-5.402 or of Section 6-5.404, 6-5.405, or 6-5.406 shall be given in writing by regular mail.

(2) Notice of second or subsequent violations of the water use prohibitions of those sections shall be given in writing in the following manner:

(i) By giving the notice to the customer personally;

(ii) If the customer is absent from or unavailable at the premises at which the violation occurred, by leaving a copy with some person of suitable age and discretion at the premises and sending a copy through the regular mail to the address at which the customer is normally billed; or

(iii) If a person of suitable age or discretion cannot be found, then by affixing a copy in a conspicuous place at the premises at which the violation occurred and also sending a copy through the regular mail to the address at which the customer is normally billed;

(iv) The notice shall contain a description of the facts of the violation, a statement of the possible penalties for each violation, and a statement informing the customer of his or her right to a hearing on the merits of the violation pursuant to Section 6-5.409.

(§ 1, Ord. 484-NS, eff. April 17, 1991 as amended by §§ 2 and 3, Ord. 498-NS, eff. February 19, 1992, and §§ 1 and 2, Ord. 500-NS, eff. April 1, 1992, renumbered by § 7, Ord. 513-NS, eff. January 6, 1993, and § 2, Ord. 837-NS, eff. July 15, 2009, as amended by § 2, Ord. 2022-03, eff. January 6, 2023)

(a) Any customer receiving notice of a second or subsequent violation of Section 6-5.403, 6-5.404 or 6-5.405 shall have a right to a hearing by the Director of Field Services of the City within 15 days of mailing or other delivery of the notice of violation.

(b) The customer's timely written request for a hearing shall automatically stay installation of a flow-restricting device on the customer's premises until the Director of Field Services renders his or her decision.

(c) The customer's timely written request for a hearing shall not stay the imposition of a surcharge unless within the time period to request a hearing, the customer deposits with the City money in the amount of any unpaid surcharge due. If it is determined that the surcharge was wrongly assessed, the City will refund any money deposited to the customer.

(d) The decision of the Director of Field Services shall be final.

(e) The Director of Field Services may delegate his or her duties and responsibilities under this section as appropriate.

(§ 1, Ord. 484-NS, eff. April 17, 1991, renumbered by § 7, Ord. 513-NS, eff. January 6, 1993, as amended by § 2, Ord. 2022-03, eff. January 6, 2023)

The City may order implementation of water conservation measures in addition to those set forth in Sections 6-5.403, 6-5.404 and 6-5.405. Such additional water conservation measures shall be implemented in the manner provided in Section 6-5.401(c).

(§ 1, Ord. 484-NS, eff. April 17, 1991, renumbered by § 7, Ord. 513-NS, eff. January 6, 1993, as amended by § 2, Ord. 2022-03, eff. January 6, 2023)

Nothing in this article shall be construed to require the City to curtail the supply of water to any customer when such water is required by that customer to maintain an adequate level of public health and safety.

(§ 1, Ord. 484-NS, eff. April 17, 1991, renumbered by § 7, Ord. 513-NS, eff. January 6, 1993, as amended by § 2, Ord. 2022-03, eff. January 6, 2023)