Lancaster Municipal Code Ch. 8.48 Waste of Water

Waste of water or excessive and unauthorized use of water in the city is hereby prohibited and declared unlawful.

(Ord. 905 § 1 (Exh. A (part)), 2008)

As used in this chapter:

"Customer" means any person who is an owner, occupant, or user of real property to which water is supplied by a public water system. Customer shall also mean any person who uses water supplied by a public water system, or to any person who is billed for the supply of water from a public water system, or to any person who is responsible for or otherwise has the right or permission to utilize the supply of water provided by a public water system.

"Person" means any natural person, any group of persons, any firm, partnership, association, corporation, company, public agency or any other organization or entity.

"Public water system" means any network of pipes, conduits, wells, machinery, reservoirs, holding tanks, and any other components, including any combination thereof, which supplies water to customers who are charged a fee of any kind or nature for such service, or which is designed to supply or is capable of supplying water to customers for a fee at two or more dwellings, buildings, structures, or lots.

Public Water Utility. The term "public water utility" as herein used shall mean and embrace all corporations, companies, individuals, associations, their lessees, trustees or receivers, that now or may hereafter own, operate, or control any plant or equipment, or any part of a plant or equipment within the city for the production, delivery, or furnishing for or to other persons, firms, associations or corporations, partly or wholly, from an artesian well or wells, or imported water sources water for business, manufacturing, agricultural, domestic or household use.

"Recycled water" means highly treated effluent from any sewage treatment plant operated by a governmental or private entity.

"Water" means all water, including wastewater and recycled water, supplied to any customer who uses water.

"Water supply shortage" means durations of time when water supplies are not available to meet normal water demand as during periods of drought or natural disaster.

(Ord. 905 § 1 (Exh. A (part)), 2008)

Any one of the following acts shall constitute a waste of water, as the term is used in this chapter, and shall be prohibited at all times:

A. Permitting a hydrant, tap, cock, or valve connected with any water system belonging to any public utility, to leak into the ground or into any sink, bowl, toilet, or tub connected with a sewer or cesspool, or permitting water to drain from a person's premises into any street, alley, or road, after the person permitting the same has been notified to remedy such leak or to prevent such draining by any public officer, or an agent of any public utility, as hereinafter defined.

B. Permitting water from any water system belonging to any public utility to flow from any hose, tap, valve, hydrant, pipe, or cock directly into any gutter, storm water drain, sewer or cesspool for two minutes or longer without first putting such water to a beneficial use.

C. Permitting water to leak from any water main in a water system belonging to any public utility for an unreasonable length of time.

D. Allowing runoff into streets, gutters or other paved areas, from irrigating landscaped improvements, whether because of broken or misdirected sprinkler systems, to persist for more than two minutes total duration.

E. Irrigating lawns and/or landscaped improvements between ten (10) a.m. and ten (10) p.m. except from October 31st through the following March 1st.

F. Washing vehicles with a free running hose where the water is allowed to run into the street, gutter or storm water drain. Hoses that are fitted with operable on/off nozzles or washing vehicles solely using a bucket are permissible.

G. Washing, cleaning or hosing down buildings, driveways, patios, parking lots, sidewalks, alleys, etc., provided this subsection shall not prohibit the washing of windows.

H. Allowing water, at or as a result of its point of use, to pond deeper than one-quarter inch on any paved or unpaved surface. This section shall not apply to swimming pools, fountains or other similar decorative or recreational water features.

(Ord. 905 § 1 (Exh. A (part)), 2008)

Any act that constitutes a waste of water in violation of this chapter shall constitute a public nuisance and shall be subject to abatement in the manner provided in Chapter 8.28.

(Ord. 905 § 1 (Exh. A (part)), 2008)

In any prosecution charging a waste of water or excessive and unauthorized use of water as set forth in this chapter, the waste of water or excessive and unauthorized use of water, together with proof that such waste originated at any residence or place of business, shall constitute in evidence a prima facie presumption that the owner, or occupant for the time being of such residence or place of business, was responsible for such waste.

(Ord. 905 § 1 (Exh. A (part)), 2008)

Upon application of a property owner or occupant, the city manager may grant a variance to the provisions of this chapter.

(Ord. 905 § 1 (Exh. A (part)), 2008)

If any part or provision of this chapter is found to be invalid or unenforceable by a court of law, such invalidity shall not affect any other part or provision herein, and all remaining provisions of this chapter will be valid and enforceable to the fullest extent permitted by law.

(Ord. 905 § 1 (Exh. A (part)), 2008)