La Palma Municipal Code Art. VII Conservation and Water Management

Footnotes:

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Editor's note— Ord. No. 2015-03, § 2, adopted September 1, 2015, amended art. VII, §§ 42-267—42-275, in its entirety, to read as set out herein. Former art. VII pertained to similar subject matter, and was derived from Code 1975, §§ 25-3—25-5, 25-67—25-72; Ord. No. 90-05; Ord. No. 142, §§ 130, 170 and Ord. No. 2014-02, § 1, adopted September 2, 2014.

State Law reference— Water shortage emergencies, Water Code § 350 et seq.

The following water conservation requirements are effective at all times and shall be permanent. Violations of this section shall be considered waste and an unreasonable use of water.

(1) Watering hours. Watering or irrigating of any lawn, landscape, or other vegetated area with potable water is prohibited between the hours of 10:00 a.m. and 4:00 p.m. Pacific Standard Time, except by use of a hand-held bucket or similar container, or a hand-held hose equipped with an automatic closing water shut-off nozzle or device, or if watering or irrigating for very short periods of time for the express purpose of adjusting or repairing a landscape irrigation system.

(2) Watering duration. Watering or irrigating of any 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 15 minutes of watering per day, per station. This subsection does not apply to low flow drip type irrigation systems and weather based controllers or stream rotor and other high efficiency sprinklers as identified by the regional water supplier.

(3) No excessive water flow or runoff. Watering or irrigating of any lawn, landscape, or other vegetated area in a manner that causes or allows excessive water flow such as runoff onto an adjoining sidewalk, driveway, street, alley, gutter, or ditch is prohibited.

(4) No 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 when necessary to alleviate safety or sanitary hazards, and then only 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 a low-volume, high-pressure cleaning machine equipped to recycle any water used.

(5) Obligation to fix leaks, breaks or malfunctions. Any person who, as owner or occupant of any premises, fails, refuses, or neglects to maintain such premises with plumbing of such character and quality as to prevent the excessive use, loss or escape of water through breaks, leaks, or other malfunctions shall, ten days after being served by the Water Superintendent by written notice of such intention, have all water service discontinued pending such repairs.

(6) Re-circulating water required for water fountains and decorative water features. No person shall waste or cause, permit, or allow to be wasted, any water in any ornamental fountain, or other decorative water feature of any kind whatsoever nor shall such person fail, refuse, or neglect to recirculate such water through such ornamental fountain or other decorative water feature and no person shall cause, permit, or allow any water furnished through the facilities of the water system to be wasted in any manner whatsoever.

(7) Washing vehicles. Using potable 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 an automatic closing water shut-off nozzle or device. This subsection does not apply to any commercial car washing facility.

(8) Drinking water served upon request only. Eating or drinking establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars, clubs, or other public places where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any person unless it is expressly requested by the person.

(9) Laundering in commercial lodging establishments. Hotels, motels, and all other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. A notice of this option must be prominently displayed in each bathroom using clear and easily understood language.

(10) No installation of single pass cooling systems. Installation of a single pass cooling system is prohibited in any building requesting new water service.

(11) Re-circulating water systems required in commercial car wash and laundry systems. New commercial conveyor car washes and new commercial launderers are prohibited from installing non-recirculating water systems.

(12) Restaurants required to use water conserving dish wash spray valves. Food preparation establishments, such as restaurants, cafes, cafeterias, or bars must use water conserving low-flow, high-efficiency dish wash spray valves.

(Ord. No. 2015-03, § 2, 9-1-2015)

The use of water for irrigation, sprinkling, wetting, construction, or industrial purposes may be restricted if and when such use is contrary to the public safety or welfare.

(Ord. No. 2015-03, § 2, 9-1-2015)

(a) Filling or refilling of more than two feet of water for any residential swimming pool or outdoor spa (excluding community pools and spas) requires prior notification and permission from the Community Services Department.

(b) Permission to take water in large quantities shall be given only if it can be safely delivered through the City's facilities and if other consumers are not inconvenienced.

(c) Swimming pools or spas. New residential swimming pools and outdoor spas are required to be fitted with an appropriate cover designed to minimize evaporation loss when not in use.

(Ord. No. 2015-03, § 2, 9-1-2015)

The provisions of this article shall apply to all persons, residents, customers, water users, and property served by the City.

(Ord. No. 2015-03, § 2, 9-1-2015)

A "designated irrigation day" is determined by the last digit in the street address.

(Ord. No. 2015-03, § 2, 9-1-2015)

The City Manager, or his or her designated representative, is hereby authorized and directed to implement the provisions of this article.

(Ord. No. 2015-03, § 2, 9-1-2015)

No customer of the City shall knowingly make, cause, use, or permit the use of water supplied by the City for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this chapter, in an amount in excess of the amounts authorized by this article, or during any period of time other than the periods of time specified in this article. At no time shall water be wasted or used unreasonably. The following stages shall take effect upon adoption of a resolution by the City Council declaring an emergency:

(1) Stage 1 water watch. Stage 1 shall apply, upon declaration of the City Council, during periods when the possibility exists that the City will not be able to meet all of the reasonably beneficial demands of its customers, or when the State or the regional water supplier requests water conservation measures throughout its service boundaries.

a. Lawn watering and landscape irrigation, including construction meter irrigation, shall be limited to three days per week on a schedule to be established and posted by the City except by use of a hand-held bucket or similar container, or a hand-held hose equipped with an automatic closing water shut-off nozzle or device, or if watering or irrigating for very short periods of time for the express purpose of adjusting or repairing a landscape irrigation system. All sprinkler irrigation is prohibited between the hours of 9:00 a.m. and 6:00 p.m.

b. Commercial nurseries shall be required to curtail all nonessential water use.

c. [Reserved.]

d. All residential swimming pools and spas, when not in use, should be covered with an appropriate cover designed to minimize evaporation losses.

e. Watering of parks, school grounds, and recreational fields is prohibited between the hours of 9:00 a.m. and 6:00 p.m.

f. The use of water from fire hydrants shall be limited to firefighting and related activities, for construction activities, or other activities necessary to maintain the health, safety and welfare of the public.

g. All leaks, breaks, or other malfunctions in a plumbing or water distribution system shall be repaired promptly upon discovery or within three days of notification by the City, unless other arrangements are made with the City.

h. Upon notice to the City's water users, the City may implement other reasonable water use prohibitions in furtherance of this article.

(2) Stage 2 water alert. Stage 2 shall apply, upon declaration of the City Council, during periods when the probability exists that the City will not be able to meet all of the reasonably beneficial water demands of its customers, or when the regional water supplier requests additional water conservation measures throughout its service boundaries. During stage 2, the following water conservation measures shall apply:

a. Lawn watering and landscape irrigation, including construction meter irrigation shall be limited to two days per week on a schedule to be established and posted by the City except by use of a handheld bucket or similar container, or a hand-held hose equipped with an automatic closing water shut-off nozzle or device or if watering or irrigating for very short periods of time for the express purpose of adjusting or repairing a landscape irrigation system. All sprinkler irrigation is prohibited between the hours of 9:00 a.m. and 6:00 p.m.

b. Commercial nurseries irrigation shall be prohibited between the hours of 9:00 a.m. and 6:00 p.m. and shall be required to curtail all nonessential water use.

c. [Reserved.]

d. All residential swimming pools and spas, when not in use, should be covered with an appropriate cover designed to minimize evaporation losses in order to be entitled to fill or refill under this article.

e. Watering of parks, school grounds, and recreational fields is prohibited between the hours of 9:00 a.m. and 6:00 p.m.

f. The use of water from fire hydrants shall be limited to firefighting and related activities, for construction activities, or other activities necessary to maintain the health, safety and welfare of the public.

g. All leaks, breaks, or other malfunctions in a plumbing or water distribution system shall be repaired promptly upon discovery or within two days of notification by the City, unless other arrangements are made with the City.

h. Upon notice to the City's water users, the City may implement other reasonable water use prohibitions in furtherance of this article.

(3) Stage 3 water alert. Stage 3 shall apply, upon declaration of the City Council in accordance with Water Code § 350 et seq., during periods when the City will not be able to meet all of the water demands of its customers. During stage 3, the following water conservation measures shall apply:

a. All watering or irrigating of any lawn, landscape, or other vegetated area by residents, businesses, and City with potable water shall be prohibited, except as approved by the City.

b. Washing of autos, trucks, trailers, boats, and other types of mobile equipment is prohibited. Washing is permitted at any time on the immediate premises of a commercial car wash which uses partially reclaimed or recycled water. Further, the City Manager or his or her designated representative may exempt from this subsection any vehicle washing upon determining that the health, safety, and welfare of the public is contingent upon frequent vehicle cleaning of the vehicles such as garbage trucks and vehicles used to transport food and perishables. The use of water by all types of commercial car washes shall be reduced in volume by 25 percent.

c. Initial filling and refilling of over two feet of water in swimming pools and outdoor space is prohibited. Initial filling or refilling of any outdoor water feature or pond is prohibited, except as necessary to sustain aquatic life, provided that such life has been actively managed within the water feature prior to the declaration of a stage 3 water alert. All residential swimming pools and spas, when not in use, shall be covered with an appropriate cover designed to minimize evaporation losses.

d. The use of water from fire hydrants shall be limited to firefighting and activities necessary to maintain the health, safety, and welfare of the public.

e. New construction meters or permits for unmetered service will not be issued. Construction water shall not be used for earth work or road construction purposes except when recycled water is used.

f. Upon declaration of a stage 3 water warning, no new potable water service shall be provided, no new temporary or permanent water meters shall be provided, and no statements of immediate ability to serve or provide potable water service shall be issued, except under the following circumstances:

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

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

3. 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.

g. New construction meters or permits for unmetered service will not be issued. Construction water shall not be used for earth work or road construction purposes except when recycled water is used.

h. All leaks, breaks, or other malfunctions in a plumbing or water distribution system shall be repaired promptly upon discovery or within one day of notification by the City, unless other arrangements are made with the City.

i. Upon notice to the City's water users, the City may implement other reasonable water use prohibitions in furtherance of this article.

(4) Stage 4 water emergency. Stage 4 shall apply, upon declaration of the City Council in accordance with Water Code § 350 et seq., when a major failure of any supply or distribution facility, whether temporary or permanent, occurs in the water distribution system of the State Water Project, Metropolitan Water District or City water supply, distribution, or production facilities. During stage 4, the following water conservation measures shall apply:

a. All watering or irrigating of any lawn, landscape, or other vegetated area by residents and businesses with potable water shall be prohibited, except as approved by the City.

b. Washing of autos, trucks, trailers, boats, and other types of mobile equipment is prohibited. Washing is permitted at any time upon the immediate premises of a commercial car wash which uses partially reclaimed or recycled water. Further, the City Manager or his or her designated representative may exempt from this subsection any vehicle washing upon determining that the health, safety, and welfare of the public is contingent upon frequent vehicle cleaning of the vehicles such as garbage trucks and vehicles used to transport food and perishables. The use of water by all types of commercial car washes shall be reduced in volume by 50 percent.

c. Filling, refilling, or adding of water to swimming pools, spas, water features, and ponds is prohibited, except as necessary to sustain aquatic life, provided that such life has been actively managed within the water feature prior to the declaration of a stage 3 water alert. All residential swimming pools and outdoor spas, when not in use, shall be covered with an appropriate cover designed to minimize evaporation losses.

d. Watering of parks, school grounds, and recreation fields is prohibited with the exception of plant materials classified to be rare, exceptionally valuable, or essential to the well-being of rare animals.

e. The use of water from fire hydrants shall be limited to firefighting or related activities necessary to maintain the health, safety, and welfare of the public.

f. New construction meters or permits for unmetered service will not be issued. Construction water shall not be used for earth work or road construction purposes except when recycled water is used.

g. The use of water for commercial, manufacturing, or processing purposes shall be reduced in volume by 50 percent.

h. The City may shut off all non-essential water uses.

i. Upon notice to the City's water users, the City may implement other reasonable water use prohibitions in furtherance of this article.

(Ord. No. 2015-03, § 2, 9-1-2015)

State Law reference— Declaration of water shortage emergency shall be made only after a public hearing at which consumers of such water supply shall have an opportunity to be heard to protest against the declaration and to present their respective needs to said governing board, Water Code § 351.

The City shall monitor the projected supply and demand for water by its customers on a daily basis. The City Council shall determine the extent of the conservation required through the implementation and/or termination of particular conservation stages in order for the City to prudently plan for and supply water to its customers. Thereafter, the City Manager or his or her designated representative may order that the appropriate stage of water conservation be implemented or terminated in accordance with the applicable provision of this article. The declaration shall be made by public announcement and notice shall be published a minimum of three consecutive times in a newspaper of general circulation. The stage designated shall become effective immediately upon announcement.

(Ord. No. 2015-03, § 2, 9-1-2015)

(a) As provided in Water Code § 377, any violation of this article is a misdemeanor. Upon conviction thereof, such person shall be punished by imprisonment in the County jail for not more than 30 days, or by a fine not exceeding $1,000.00, or by both. In addition to any other remedies which the City may have for the enforcement of this article, service of water shall be discontinued or appropriately limited to any customer who willfully uses water in violation of any provision thereof.

(b) Civil penalties. Civil penalties for failure to comply with any provision of this article are as follows:

(1) First violation. The City shall issue a written warning and deliver a copy of this article by mail.

(2) Second violation. A second violation will be issued following a first violation notice within the preceding 12 calendar months and is punishable by an administrative penalty pursuant to Section 2-378, et seq., not to exceed $100.00, which will be added to the violator's water bill.

(3) Third violation. A third violation will be issued following a second violation notices within the preceding 12 calendar months and is punishable by an administrative penalty pursuant to Section 2-378, et seq., not to exceed $250.00, which will be added to the violator's water bill.

(4) Fourth and subsequent violations. A fourth and any subsequent violation will be issued following a third violation notice within the preceding 12 calendar months and is punishable by an administrative penalty pursuant to Section 2-378, et seq., not to exceed $500.00 per violation, which will be added to the violator's water bill. In addition to any fines, a fourth or subsequent violation may result in the disconnection and/or termination of a customer's water service by the City.

(c) Cost of disconnecting service. A person or entity that violates this article is responsible for payment of the City's charges for disconnecting and/or reconnecting water service per the City's schedule of charges then in effect. Nonpayment of such disconnection or reconnection fees shall be subject to the same remedies as the nonpayment of basic water rates.

(d) Separate offenses. Each day that a violation of a provision of this article occurs is a separate offense.

(e) All administrative penalties shall be paid within 21 days from the mailing, posting, or personal service of the Violation notice.

(f) Notice and hearing. Fines shall be administered per Chapter Two, Article XI, Division 3 (commencing with Section 2-378).

(Ord. No. 2015-03, § 2, 9-1-2015)