McFarland Municipal Code Ch. 13.10 Water Theft and Unauthorized Water Use

This Chapter is adopted pursuant to California Government Code sections 53069.45 and 53069.46, as those sections may be amended from time to time.

(Ord. No. 3-2026, § 3, 5-13-26)

The following definitions shall apply to this Chapter:

"Divert" means to change the intended course or path of water without the authorization or consent of the utility.

"Person" has the same meaning as defined in Section 13.04.086 of this Code.

"Reconnection" means the reconnection of water service by a customer or other person after service has been lawfully disconnected by the utility.

"Responsible party" means any person who is responsible for violating the provisions of the Municipal Code.

"Tamper" means to rearrange, injure, alter, interfere with, or otherwise prevent from performing a normal or customary function.

"Unauthorized connection to a fire hydrant" includes, but is not limited to, the following scenarios:

1. The unauthorized use of a city-owned fire hydrant, fire hydrant meter, or fire detector check;

2. The use of water from a city-owned fire hydrant for any use other than fire suppression, except where a permit has been duly issued by the city, for temporary service;

3. Any use of a city-owned hydrant in violation of the terms and conditions of a hydrant permit.

"Unauthorized water use" includes, but is not limited to, the following scenarios:

1. Meter tampering;

2. The use of water from a stationary service connection where lawful water service has not been established or has been disconnected by the utility;

3. The use of water supplied by the city for any other purpose than that described in the city's application for service, or in any way supplying water to other persons other than those living on the property described in the application, as described in Section 13.04.695 of this Code.

"Water theft" means an action to divert, tamper, or reconnect water utility services.

(Ord. No. 3-2026, § 3, 5-13-26)

Unauthorized use and improper connection to either a fire hydrant or the water system can lead to public health and safety issues, including potential contamination of a drinking water source due to a lack of backflow prevention and damage to water system facilities and infrastructure, or depressurization of the water system, which could make communities more vulnerable in the event of a fire. In addition, the affordability of water is impacted by water theft as the cost of water loss and damages to infrastructure is ultimately borne by ratepayers. As such, water theft, an unauthorized connection to a fire hydrant, and unauthorized water use, as such terms are defined in this Chapter, are hereby prohibited.

(Ord. No. 3-2026, § 3, 5-13-26)

A. In addition to any remedy available at law, any person or responsible party in violation of any provision of this Chapter is subject to the issuance of an administrative citation pursuant to Chapter 1.14 of this Code, except that the fine shall be as provided in this section.

B. Fines. Administrative citations shall be accompanied by a fine as follows:

1. For water theft and unauthorized water use via meter tampering, fines shall be as stated in Government Code section 53069.45.

2. For water theft committed via the unauthorized connection to a fire hydrant, fines shall be as stated in Government Code section 53069.46.

3. For all other forms of water theft not described in either subsection 1. or 2., violations shall be as stated in Government Code section 53069.45.

4. A fine may only be issued pursuant to either Government Code section 53069.45 or section 53069.46 (but not both) for the same offense.

C. Each day a violation of this Chapter continues to exist shall constitute a new, separate, and distinct violation.

D. Appeals and hardship waivers. Administrative citations issued for violations of this Chapter may be appealed in accordance with the provisions of Chapter 1.14 of this Code. In addition to any other order authorized by Chapter 1.14, an administrative hearing officer may reduce or eliminate the fine upon a showing by the responsible party that payment of the full amount of the fine would impose an undue financial burden on the responsible party.

(Ord. No. 3-2026, § 3, 5-13-26)

A. A person who has violated this Chapter shall be liable for the costs of the estimated volume of water used, as determined by the department of public works, charged at the then-current applicable water rate adopted by the city council.

B. Costs imposed by this Chapter are in addition to any other costs that may be recovered under this Code, including, but not limited to, those costs authorized by Chapter 1.14.

C. Water costs assessed in accordance with this Chapter may be billed in accordance with the usual billing practices of the department of public works, where the responsible party is a customer of record. If the responsible party is not a customer of record, an invoice for payment may be served in the same manner as provided in Chapter 1.14 of this Code.

(Ord. No. 3-2026, § 3, 5-13-26)

A. The remedies available in this Chapter shall be cumulative with any other available remedy and in addition to any other remedy available at law or equity. The pursuit of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcement of this Chapter.

B. In addition to seeking all remedies available under any other law, the city may also seek civil damages for a violation of this Section pursuant to Section 1882.1 of the Civil Code.

C. If any phrase, section, sentence, or word of this ordinance is held invalid by a court of competent jurisdiction, such invalidity shall not affect any other phrase, section, sentence, or word of the ordinance that can be given effect without the invalid phrase, section, sentence, or word, and to this end each phrase, section, sentence, or word of this ordinance is declared to be severable.

(Ord. No. 3-2026, § 3, 5-13-26)