Merced Municipal Code Ch. 15.44 Water Shortage Regulations Applicable to Non-Commercial Vegetable Gardens

On January 19, 1993, the city council declared that a water shortage emergency exists and as a result has adopted mandatory water conservation regulations and restrictions. The city recognizes that noncommercial vegetable gardening has become a popular way to supplement food sources by its citizens. The city further recognizes that watering vegetables is critical during certain periods of development and that some vegetables require a consistent supply of water or moisture in order to grow. The purpose of this chapter is to provide specific watering restrictions that only apply to non-commercial vegetable gardens as defined in this chapter.

(Ord. No. 2438, § 1, 11-17-2014)

The provisions of this chapter shall apply to all persons using water in and outside the city who are served by the city water system, regardless of whether any person using water shall have a contract for water service with the city. These regulations only apply to the watering or irrigating of non-commercial vegetable gardens as defined and provided for within this chapter.

(Ord. No. 2438, § 1, 11-17-2014)

"Vegetable" means any plant, other than marijuana, whose fruit, nuts, berries, grains, seeds, roots, tubers, bulbs, stems, leaves or flower parts are used for food.

"Vegetable garden" means any "non-commercial" vegetable garden planted primarily for the cultivation of fruits, vegetables, flowers or herbs, other than marijuana, for human consumption. The term 'non-commercial' includes incidental direct selling of produce from such vegetable garden to the public. The defined area in which such plants are planted shall only be treated as a 'vegetable garden' for the purposes of this chapter if at least eighty (80) percent of the area designated as the vegetable garden is planted with fruits, vegetables, flowers or herbs, other than marijuana, which are cultivated for human consumption.

(Ord. No. 2438, § 1, 11-17-2014)

Vegetable gardens may be watered every day except for Mondays. The watering of vegetable gardens every day except for Mondays is restricted to before eleven a.m. and after seven p.m.

The watering of vegetable gardens shall not be done in a manner or to the extent that causes or allows excessive water flow or runoff onto adjoining sidewalks, driveways, streets, gutters or ditches.

(Ord. No. 2438, § 1, 11-17-2014)