McFarland Municipal Code Ch. 12.10 Water Conservation Measures

Footnotes:

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Editor's note— Ord. No. 040-2014, § 1, adopted November 13, 2014, set out provisions intended for use as Chapter 12.12. For purposes of classification, and at the editor's discretion, these provisions have been included as Chapter 12.10.

The state of California faces persistent water supply problems. Accordingly, it is the purpose and intent of this chapter to implement measures to conserve water resources, to reduce outdoor water use, and to mitigate unnecessary consumption of available water supplies in the city.

(Ord. No. 040-2014, § 1, 11-13-14)

The following restrictions shall be imposed upon declaration by the city of McFarland of a water shortage:

A. Stage 1 Water Shortage. When the city of McFarland implements its Stage 1 water shortage allocation reduction, the following restrictions on the use of water from the McFarland water system shall be in effect:

1. The use of water which allows substantial and unreasonable amounts of water to run into a gutter, ditch, or drain. Every water user is deemed to have his water distribution lines and facilities under his control at all times and to know the manner and extent of his water use and excess runoff.

2. The excessive use, loss, or escape of water through breaks, leaks, or malfunctions in the water user's plumbing or distribution facilities for any period of time after such escape of water should reasonably have been discovered and corrected. It shall be presumed that a period of forty-eight hours after discovery is a reasonable time within which to correct such leak or break.

3. The washing of vehicles, building exteriors, sidewalks, driveways, parking areas, tennis courts, patios or other paved areas without the use of a positive shut-off nozzle on the hose, which results in excessive runoff, except where necessary to dispose of liquids or substances that could endanger the public's health, welfare and safety.

B. Stage 2 Water Shortage. When the city of McFarland implements its Stage 2 water shortage allocation reduction, the following restrictions on the use of water from the McFarland water system shall be in effect in addition to all Stage 1 water shortage restrictions:

1. Irrigation utilizing individual sprinklers or sprinkler systems of lawns, gardens, landscaped areas, trees, shrubs or other plants is permitted on the "odd/even" protocol (based on last digit of street address), between the hours of eight p.m. and five a.m. on designated days. Irrigation of lawns, gardens, landscaped areas, trees, shrubs, or other plants is permitted at any time if:

a. A hand-held hose with positive shut-off nozzle is used; or

b. A hand-held, faucet-filled bucket of five gallons or less is used; or

c. A drip irrigation system is used.

3. Irrigation Overspray and Runoff. Water shall not spray or flow to any impermeable private or public surface, including but not limited to, walkways, driveways, sidewalks, alleys, streets, or storm drains.

4. Exception: Commercial nurseries, farmers, and similar establishments are exempt from Stage 2 irrigation restrictions, but will be requested to curtail all nonessential water use.

5. The washing of automobiles, trucks, trailers, boats, airplanes, and other types of mobile equipment is permitted only on designated irrigation days based on the "odd/even" protocol (based on last digit of street address), between the hours of eight a.m. and six p.m. on designated days. Such washing, when allowed, shall be done with a hand-held bucket, or a hand-held hose equipped with a positive shut-off nozzle for quick rinses.

6. Exception: Washing may be done at any time on the immediate premises of a commercial car wash or commercial service station. Further, the aforementioned washing is exempt from these regulations if the health, safety, and welfare of the public is contingent upon frequent vehicle cleanings, such as in the cases of garbage trucks and vehicles to transport food and perishables.

7. The emptying and refilling of water to swimming pools and/or spas is permitted only on designated irrigation days between the hours of seven p.m. and ten a.m.

8. The operation of any ornamental fountain or other structure making similar use of water is prohibited unless the fountain uses a recycling system, such as an electric pump.

9. The washing of sidewalks, driveways, parking areas, courts, patios, or other paved areas is absolutely prohibited, unless it is necessary for the health and safety, and welfare of the public.

10. Eating and Drinking Establishments.

a. All new or substantially re-modeled eating and drinking establishments of any kind whatsoever including, but not limited to, any restaurant, hotel, cafe, cafeteria, bar or club, whether public or private, shall only provide drinking water to any person upon receipt of an express request.

b. All new or substantially re-modeled all food service businesses shall install water conserving pre-rinse nozzles.

9. Hotels, Motels, Bed and Breakfast.

a. All new or substantially re-modeled hotels, motels and bed and breakfast establishments shall provide customers the option of choosing not to have towels laundered daily. Each establishment shall prominently display notice of this option in each bathroom and sleeping room using clear easily understood language.

b. All new or substantially re-modeled guest room toilets shall be the best available technology low flow toilets.

10. Carwashes.

a. All new or substantially re-modeled new carwash system shall have a water recirculation system.

11. Hoses. No person shall allow water to flow freely from a hose that is not equipped with a positive action quick release shutoff valve or nozzle.

C. Stage 3 Water Shortage. When the city of McFarland implements its Stage 3 water shortage allocation reduction, the following restrictions on the use of water from the McFarland water system shall be in effect in addition to the Stage 1 and 2 water shortage restrictions:

1. Washing of vehicles is prohibited except at commercial car washes or by mobile high pressure/low volume commercial services.

2. Landscape watering with potable water shall be limited to one time per week for not more than fifteen minutes per watering zone from 6:00 p.m. on Wednesday and 9:00 a.m. the following Thursday.

3. This subsection shall not apply to any drip irrigation system, irrigation system maintenance, leak repair or new planting of low water usage plants or if reclaimed water is utilized as permitted by law.

D. Stage 4 Water Shortage. When the city of McFarland implements its Stage 4 water shortage allocation reduction, the following restrictions on the use of water from the McFarland water system shall be in effect in addition to all Stage 1, 2 and 3 water shortage restrictions:

1. Home reverse osmosis treatment units and water softeners shall be disconnected or turned off.

2. Watering of nonpublic playing fields with potable water is prohibited.

3. Landscape watering with potable water shall be limited to one time per week from 6:00 p.m. on Wednesday and 9:00 a.m. the following Thursday by only drip irrigation, hand held hoses, or if reclaimed water is utilized as permitted by law.

4. This subsection shall not apply to any drip irrigation system, irrigation system maintenance, leak repair or new planting of low water usage plants or if reclaimed water is utilized as permitted by law.

E. Stage 5 Water Shortage or Above. When the city of McFarland implements its Stage 5 through 10 water shortage allocation reduction the following restrictions on the use of water from the McFarland water system shall be in effect in addition to all Stage 1, 2, 3, and 4 water shortage restrictions:

1. Filling of residential swimming pools or spas with potable water is prohibited.

2. Landscape irrigation with potable water is prohibited except with a watering can using water captured from indoor use.

3. Any additional water conservation measures adopted by the director of public works or his or her designee deemed necessary for the preservation of public health, safety and welfare.

4. This subsection shall not apply to any drip irrigation system, irrigation system maintenance, leak repair or new planting of low water usage plants or if reclaimed water is utilized as permitted by law.

(Ord. No. 040-2014, § 1, 11-13-14)

A customer may file an application for relief from any provision of this chapter. The city manager's consideration of written applications for exceptions regarding regulations and restrictions on water use not otherwise set forth in previous sections of this chapter shall be as follows:

A. Written application for exception may be granted by the city manager;

B. Exceptions may be granted if:

1. Compliance with this chapter would cause an unnecessary and undue hardship to the applicant, including, but not limited to, adverse economic impacts, such as loss of production or jobs; or

2. Compliance with this chapter would cause a condition affecting the health, sanitation, fire protection, or safety of the applicant or the public.

(Ord. No. 040-2014, § 1, 11-13-14)

It is one of the objectives of the city council that the citizens of McFarland comply with the provisions of this chapter. Therefore enforcement of this chapter will be subject to Chapter 1.20, Administrative Citations. Any fine, penalty, interest or costs imposed on a violator of this chapter under Chapter 1.20 may, in addition to all other remedies available to the city, be added to the violator's water bill and thereafter be subject to enforcement therein including, without limitation, disconnection or turnoff of water service.

(Ord. No. 0010-2021, § 2, 11-10-21)