Morro Bay Municipal Code Ch. 13.04 Water Service and Rates

The city will furnish water service in accordance with the regulations contained in this chapter and in accordance with other applicable ordinances, to any property within the city limits and to such areas outside the city limits as the council may designate.

In all cases water shall be supplied only through water meters installed as set forth in this chapter and in each case the customer shall be charged directly for all water passing through the meter, irrespective of the number of users of the water subsequent to its passage through the meter.

Applications for service to a premises for which a service connection has already been installed may be made as set forth in this chapter. Such application will signify the customers' willingness and intention to comply with these regulations or rates duly adopted, and to make payment for water service rendered.

If application is made for service to property where no service connection has been installed, but a distribution main is adjacent to the property, the applicant, in addition to making application for service, shall comply with the regulations governing the installation of services. Where an extension of the distribution mains is necessary or a substantial investment is required to furnish service, the applicant will be informed by the water department as to whether or not the service can be extended under these regulations as set forth in this chapter.

(Ord. 459 § 43, 1997; Ord. 106 § 1, 1972; Ord. 13 § 1 (part), 1965: prior code § 9100)

As used in this chapter the following terms shall have the meaning specified after each word:

A. Cross-Connection. A "cross-connection" is any physical connection between the piping system from the city service and that of any other water supply that is not, or cannot, be approved as safe and potable for human consumption, whereby water from the unapproved source may be forced or drawn into the city distribution mains.

B. Distribution Mains. "Distribution mains" are water lines in streets, alleys, and rights-of-way used for general distribution of water from which service is available to the customer.

C. Premises. "Premises" means the integral property or area, including improvements thereon, to which water service is or will be provided.

D. Private Fire Protection Service. "Private fire protection service" is for sprinkler systems, hydrants, hose reels and other facilities used specifically for fire protection on private property.

E. Public Fire Protection Service. "Public fire protection service" relates to fire hydrants connected to the distribution system and made available to designated fire protection agencies.

F. Regular Service. "Regular service" is water service rendered for normal domestic, commercial, industrial and irrigation purposes on a permanent basis and for which the general rates and regulations are applicable.

G. Service Connection. A "service connection" is the pipeline and appurtenant facilities such as the curb stop, meter and meter box, all used to extend water service from the distribution main to the curbline. Where service connections are divided at the curb or property line to serve several customers, each such branch connection shall be termed a separate service connection.

H. Temporary Service Connection. A "temporary service connection" is one especially installed for construction work, single season irrigation and other uses.

I. Water Department. "Water department" refers to the water department of the city and its duly authorized representatives.

J. Water Availability Charge. "Water availability charge" means a sum of money required to be paid by any person to buy into the municipal water system.

K. Licensed Health Care Facility. "Licensed health care facility" means, for the sole and exclusive purpose of this chapter, any facility meeting the definition of a "health facility" set forth in Section 1250 of the state of California Health and Safety Code. This definition shall also include any "residential care facility" as defined under Section 1502(a)(1) of the state of California Health and Safety Code so long as all of these facilities are located on the same property, are under common ownership and are served by the same water meter or meters as a "health care facility" as defined by Health and Safety Code Section 1250.

(Ord. 440 (part), 1994; Ord. 155 § 1, 1977; Ord. 13 § 1 (part), 1965: prior code § 9101; Ord. No. 654, § 12, 11-22-22)

Any person preventing or interfering with any employee of the water department in the lawful discharge of his duties, or tampering with, injuring or destroying the lines, valves, fire hydrants, machinery, meters, property or equipment of the water department, or taking water from the water department without first complying with the rules and regulations set forth in this chapter, is guilty of a misdemeanor.

(Ord. 13 § 1 (part), 1965: prior code § 9130)

Nothing in this chapter shall be construed as a contract on the part of the city to furnish its water for any definite period or as a public utility in respect to any water furnished outside the city.

(Ord. 13 § 1 (part), 1965: prior code § 9128)

The city shall not be liable for damage which may result from an interruption in service from a cause beyond the control of the water department. Temporary shutdowns may be made by the water department to make improvements and repairs. Whenever possible and as time permits all customers affected will be notified prior to making such shutdowns.

(Ord. 13 § 1 (part), 1965: prior code § 9121)

Representatives from the water department shall have the right of ingress and egress to the customer's premises at reasonable hours for any purpose reasonably connected with the furnishing of water service.

(Ord. 13 § 1 (part), 1965: prior code § 9122)

* For specific provisions regarding right of entry, see Chapter 1.08 of this code.

Each applicant for water service shall be required to sign an application form provided by the water department, showing the date of application, location of premises to be served, mailing address, date applicant desires service, and such other information as may be required. A valid state-issued driver's license, state-issued identification card, military identification card or passport must be presented by the applicant before service will be activated. If the applicant does not possess any of the above forms of identification, alternative valid photo identification (e.g., current school ID) may be accepted.

Applications, transmitted via methods other than personal appearance when applying for water service (e.g., facsimile, e-mail), will be honored to furnish service as requested, and must be accompanied by a copy of the applicant's state-issued driver's license, state-issued identification card, military identification card or passport. If the applicant does not possess any of the above forms of identification, alternative valid photo identification (e.g., current school ID) may be accepted.

For first time utility customers, an application fee shall accompany each application, or the applicant may request that the application fee be included in the first water utility bill.

(Ord. 459 § 44, 1997; Ord. 225 § 55, 1983; Ord. 67 § 1, 1967: Ord. 13 § 1 (part), 1965: prior code § 9102)

(Ord. No. 570, 9-27-11)

An application for service will not be honored unless payment in full has been made for water service previously rendered to the applicant by the city.

(Ord. 13 § 1 (part), 1965: prior code § 9103)

Water service connections will be installed at the location and of such size as desired by the applicant where such requests are reasonable. Service connection installations will be made only to property abutting on public streets or to such distribution mains as may be constructed in alleys or rights-of-way at the convenience of the water department. Service connections installed in new subdivision prior to the construction of streets or in advance of street improvements, must be accepted by the applicant in the installed location.

(Ord. 13 § 1 (part), 1965: prior code § 9104)

Charges for new service connections shall be payable in advance. The cost of installation for service connections shall be determined by the water department and shall include all costs for labor, materials, meter and overhead, in accordance with the Master Fee Schedule.

The cost of installation shall be deemed the service connection charge and there shall be no refunds after installation is completed.

Any person required under the subdivision ordinance to install service connections at his own expense shall be exempt from a service connection charge.

Charges for installing service connections outside the city limits shall be made at double the rates applicable for charges for service connections inside the city.

(Ord. 225 § 56, 1982; Ord. 155 § 2, 1977: Ord. 67 § 2, 1967: Ord. 13 § 1 (part), 1965: prior code § 9105)

Mains will be extended to serve all new customers under the following conditions:

A. No main extension will be made except on an approved dedicated street, alley or recorded easement;

B. Cost of installing the main extension and all related water facilities to serve the customer's property shall be borne by the customer;

C. The main extension and all related facilities shall be subject to all the requirements as set forth in Title 16, subdivisions, when applicable, and the design and installation of all facilities shall be in accordance with the standard specifications of the city. The city has the right to require the customer to install additional mains and related facilities in the event an existing main of insufficient capacity is adjacent to or near the customer's property. New subdivision, commercial or industrial developments with large domestic or fire flow requirements shall be required to extend a main of adequate size to the nearest existing main of sufficient size to meet the customer's flow requirements, without adversely affecting service to present customers;

D. The minimum size of water mains shall be as specified by the city and in no case shall they be less than six inches in diameter;

E. The city may, at its discretion, require the installation of water mains of greater size and capacity than are needed to meet the customer's service demands. The difference between the cost of water mains required for service and water mains of greater size and capacity shall be borne by the city. The city shall be the final judge in determining the excess size of the water mains required to serve the needs of the public;

F. Mains shall be extended completely across the face of the customer's property unless otherwise specified by the city;

G. The city shall have the option of installing service connections on new main extensions. Service connections installed by the city shall be paid for in advance by the customer;

H. Upon official acceptance, the city shall assume full ownership, maintenance and control of such mains and related facilities.

(Ord. 67 § 3 (part), 1967: Ord. 13 § 1 (part), 1965: prior code § 9106A)

Prior to commencing construction of the main extension, the customer shall submit plans to the city for approval. Upon approval of the plans by the city and after complying with all requirements of the city, the customer may then proceed with construction of the main extension. Actual construction work shall be performed only by competent pipeline contractors approved by the city and all of the work will be subject to inspection and final approval by the city. The size, design, location, materials, type and placement of fire hydrants and all construction work shall be approved by the city prior to granting final acceptance of the main extension. See Master Fee Schedule.

(Ord. 225 § 57, 1982; Ord. 67 § 3 (part), 1967: Ord. 13 § 1 (part), 1965: prior code § 9106B)

The city shall determine if additional pumping and storage facilities are required to serve a new customer. Additional facilities shall be installed when property is situated at an elevation above existing storage and pipeline facilities, to maintain a minimum pressure of forty pounds per square inch in the water distribution system. Such facilities shall be installed by the customer at his sole expense and shall be of the size and capacity as specified by the water department to meet the required domestic and fire flows.

The city has the right to require the installation of pumps and storage facilities of greater capacity than that required for any development and shall, upon completion of said installation, pay such excess costs.

(Ord. 67 § 4, 1967: Ord. 13 § 1 (part), 1965: prior code § 9107)

A. Separate premises shall be supplied water through an individual service connection and meter. It is specifically prohibited for an owner or agent of two or more adjoining premises to extend a water line between said premises for the purpose of serving water to separate premises.

B. In cases where an owner receives city approval to split an existing lot or parcel of property, a new service connection and meter shall be installed at the owner's expense to serve the separate premises.

C. Separate residential, commercial or industrial occupancies, if situated on the same premises and not under a common roof, shall have separate service connections and meters.

D. A single service connection and meter is permitted to serve such premises as duplexes, triplexes, apartment houses or motels; provided that such buildings are plumbed as an integral unit, are constructed with a common roof, and have a service connection of a size that will provide for adequate service.

(Ord. 67 § 5, 1967: Ord. 13 § 1 (part), 1965: prior code § 9108)

Temporary service will be furnished in conformity with the general regulations applicable and as additionally specified in this section:

A. Temporary service connections shall be disconnected and terminated within six months after installation unless an extension of time is granted in writing by the water department;

B. The applicant shall deposit, in advance, the estimated cost of installing and removing the facilities required to furnish said service. See Master Fee Schedule. Upon discontinuance of service the actual cost shall be determined and an adjustment made as an additional charge, refund or credit;

C. All facilities for temporary services to the customer connection shall be made by the water department and shall be operated in accordance with its instructions.

(Ord. 225 § 58, 1982; Ord. 13 § 1 (part), 1965: prior code § 9115)

The rates for regular service shall be applicable for water used from all temporary services. Where it is not practical to install a meter the water consumption may be estimated on a basis agreeable to both the customer and the water department. The applicant shall pay the estimated cost of water in advance or shall be otherwise required to establish credit. The minimum charge for water shall be three dollars.

(Ord. 13 § 1 (part), 1965: prior code § 9116)

All meter installations shall be located only in and upon streets, alleys and rights-of-way that have been formally dedicated and accepted for public use with access provided. Meters and lines shall be readily accessible for the water department to maintain at all times. All service lines and meters shall be kept free of excess dirt, shrubbery and debris and removal of same will be at the property owner's expense. See Master Fee Schedule.

Meters moved for the convenience of the customer will be relocated per Master Fee Schedule.

The cost of changes in the size of the meter on existing service connections will be paid for by the customer per Master Fee Schedule.

(Ord. 225 § 59, 1982; Ord. 13 § 1 (part), 1965: prior code § 9109)

A. Meter Test.

1. Prior to installation, each meter will be tested and no meter found to register more than two percent fast or slow under conditions of normal operation will be placed in service;

2. On Customer Request.

a. A customer may, giving not less than one week's notice, request the water department to test the meter serving his premises.

b. The water department may require the customer to deposit an amount given in the Master Fee Schedule to cover the reasonable cost of the test.

c. This deposit will be returned if the meter is found to register more than two percent fast. The customer will be notified, not less than five days in advance, of the time and place of the test.

d. A customer shall have the right to require the water department to conduct the test in his presence, or in the presence of his representative.

B. Adjustment of Bills for Meter Error. When, upon test, a meter is found to be registering more than two percent fast, under conditions of normal operations, the water department will refund to the customer the full amount of the overcharge, base on corrected meter reading for the period, not exceeding six months, that the meter was in use.

C. Nonregistering Meters. The water department may bill the customer for water consumed while the meter was not registering. The bill will be at the minimum two month meter rate or will be computed upon an estimate of consumption based either upon the customer's prior use during the same season of the year or upon a reasonable comparison with the use of other customers receiving the same class of service during the same period and under similar circumstances and conditions.

Any adjustments required to be made for meter errors under subsections B and C shall be approved by the city administrator or his designated representative.

(Ord. 225 § 60, 1982; Ord. 67 § 6, 1967; Ord. 13 § 1 (part), 1965: prior code § 9111)

A. Meter Readings. Meters will be read at regular intervals for the preparation of regular bills, and as required for the preparation of opening bills, closing bills and special bills.

B. Billing Period. The regular billing period shall be every month.

C. Closing Bills for Metered Service. Closing bills shall be calculated based upon actual consumptions between the last regular meter reading and the meter reading initiated by notice of service discontinuation.

1. The date service is discontinued will be the date the customer signs a turn-off request or the date a letter requesting discontinuance of service is received at the water department office.

(Ord. 459 § 45, 1997; Ord. 313 § 1, 1987; Ord. 67 § 6 (part), 1967; Ord. 13 § 1 (part), 1965: prior code § 9110A)

A. Periodic bills are due and payable on presentation. Payment may be made at the water department's office or by mail.

B. Closing bills, if service is to be discontinued, are due and payable on presentation. Collection will be made at the time of presentation.

C. Water bills shall be payable on the date presented and shall become delinquent thirty days after the date of preparation, except that closing bills are delinquent after five days.

D. When bills are delinquent, the water department may demand that the full amount of both delinquent and current bills be paid.

E. A penalty will be imposed on each delinquent billing. The city council shall, by resolution, establish the amount of the penalty.

(Ord. 459 § 46, 1997; Ord. 313 § 2, 1987; Ord. 213 § 2, 1981; Ord. 67 § 6 (part), 1967; Ord. 13 § 1 (part), 1965: prior code 9110B)

Each meter on a customer's premises will be considered separately and the readings of two or more meters will not be combined unless specifically provided for in the rate schedule, or unless the water department's operating convenience required the use of more than one meter, or of a battery of meters. The minimum monthly charge for such combined meters will be based on the diameter of the total combined discharge areas of the meters.

(Ord. 13 § 1 (part), 1965: prior code § 9110)

A. The city council shall, by resolution, establish the rates which will be charged for water service including, but not limited to, meter or impact charge, application fee, and gallonage or cubic footage charge.

B. The city council shall, in the Master Fee Schedule, establish the amount of the deposit which will be required to establish credit for service rendered to premises not owned by the applicant.

C. The city council shall, in the Master Fee Schedule, establish the rates which will be charged for water service to licensed health care facilities.

(Ord. 459 § 47, 1997; Ord. 440 (part), 1994; Ord. 225 § 103, 1982; Ord. 106 § 3, 1972: prior code § 9123)

Nothing contained in this chapter shall limit the right of the city to proceed against any customer for any delinquencies due under Title 13 of this code. Nothing contained in this chapter shall prevent the city from availing itself of any other legal remedy by which the city might collect such charges, fees or penalties.

(Ord. 459 § 48, 1997; Ord. 290, 1986: Ord. 217, 1982: Ord. 13 § 1 (part), 1965: prior code § 9129)

In the case of circuses, carnivals and traveling shows requiring temporary water service, and where water is furnished through a fire hydrant, there shall be charged and collected from the owner or person in responsible charge thereof, according to the Master Fee Schedule.

(Ord. 225 § 61, 1982; Ord. 13 § 1 (part), 1965: prior code § 9127)

A. A customer's water service may be discontinued if a bill is not paid on or before the tenth day after becoming delinquent, as defined in Section 13.04.200(C).

B. A customer's water service may be discontinued if water service furnished at a previous location is not paid on or before the tenth of the month following date of presentation.

C. If a customer received water service at more than one location, and the bill for service at any one location is not paid on or before the tenth day of the month following date of presentation, water service at all locations may be turned off.

D. A customer wasting water excessively and failing to correct this waste after being notified, will have his water turned off.

(Ord. 459 § 49, 1997; Ord. 13 § 1 (part), 1965: prior code § 9112A)

A. The water department may refuse to furnish water and may discontinue service to any premises where apparatus, appliances or equipment using water is dangerous, unsafe, or not in conformity with any laws or ordinances.

B. All individuals or business organizations are forbidden to attach any ground wire or wires to any plumbing which is or may be connected to a service connection or main belonging to the water department. The water department will hold the customer liable for any damage to its property occasioned by such ground wire attachments.

C. The water department does not assume liability for inspecting apparatus on the customer's property. The water department does reserve the right of inspection, however, if there is reason to believe that unsafe apparatus is in use.

(Ord. 13 § 1 (part), 1965: prior code § 9112B)

The water department may refuse to furnish water and may discontinue service to any premises where the demand is greatly in excess of the past average or seasonal use, and where such excessive demands by one customer are or may be detrimental or injurious to the service furnished to other customers.

The water department may refuse to furnish water and may discontinue service to any premises where excessive demands by one customer will result in inadequate service to others.

(Ord. 13 § 1 (part), 1965: prior code § 9112C)

The water department shall have the right to refuse or to discontinue water service to any premises to protect itself against fraud or abuse.

(Ord. 13 § 1 (part), 1965: prior code § 9112D)

The water department may, unless otherwise provided, discontinue water service to a customer for noncompliance with any of these regulations if the customer fails to comply with them within five days after receiving written notice of the water department's intention to discontinue service. If such noncompliance affects matters of health and safety, and conditions warrant, the water department may discontinue water service immediately.

(Ord. 13 § 1 (part), 1965: prior code § 9112E)

A customer may have his water service discontinued by notifying the water department reasonably well in advance of the desired date of discontinuance. He will be required to pay all water charges until the date of such discontinuance.

(Ord. 13 § 1 (part), 1965: prior code § 9112F)

The water department shall charge for restoring water service discontinued for noncompliance with these regulations. The city council shall, by resolution, establish the amount of the charge.

(Ord. 213 § 1, 1981: Ord. 13 § 1 (part), 1965: prior code § 9112G)

The city council shall have the power and authority to declare the water level low within the city water system whenever in its judgment sufficient facts exist. Said facts may consist of, but are not limited to, any of the following: failure of pumps or motors; broken water mains; failure or shortage of water supply; increase beyond allowable limits (under State Board of Public Health rules) of mineral content of water; failure of major storage facilities.

(Ord. 13 § 1 (part), 1965: prior code § 9126A (part))

When deemed necessary in the judgment of the city council to conserve water during low water level months, or during flood water conditions, which may contaminate city wells, the city council may by resolution declare an emergency condition and do any or all of the following which in its judgment is deemed advisable after publication of notice thereof is given by the city to users:

A. Limit irrigation within the city water service area to specified hours, or prohibit irrigation entirely within the service area;

B. Hold all customers inside the water service area of the city to specified maximum usages of water for each category of users;

C. Provide adequate water to customers for all purposes except drinking and cooking, and require users to supply their own drinking and cooking water;

D. Take any other action which the city council deems necessary to protect the public health or safety, prevent contamination of city wells or other sources of city water, or ensure an adequate city water supply;

E. The council may provide for exemptions to any conservation measure or other adopted pursuant to this section.

It is unlawful for any person to violate any conservation or other measure imposed by the city council pursuant to this section. Violation of any such conservation or other measure, shall constitute a violation of this section. Failure to comply with any conservation or other measure adopted pursuant to this section may result in termination of water service. No water service shall be terminated until the public works director has notified in writing the customer the reasons for the proposed termination, and given the customer an opportunity to respond, either orally or in writing.

(Ord. 336 § 2, 1988: Ord. 13 § 1 (part), 1965: prior code § 9126A (part))

If the city council adopts a resolution declaring the water level low or any emergency in the water system as set out in Sections 13.04.320 and 13.04.330, the public works director is authorized and directed to take any or all of the following actions which in his judgment will best conserve water during the duration of the emergency:

A. Specify the days and/or hours during which water users may irrigate, to take effect after publication of notice thereof in a newspaper of general circulation distributed in the city or after written notice thereof is given by the city to users;

B. If there is failure to comply with the limitation on irrigation, the public works department shall turn off the water of any such violator; provided, the public works director shall not terminate any water service until the director gives notice in writing to the customer of the reasons for the proposed termination, and gives the customer an opporunity to respond either orally or in writing;

C. If in the judgment of the Public works director, there is flagrant waste of water (such as but not limited to water running down gutters), the public works department shall turn off the water of said user; provided, the public works director shall not terminate any water service until the director gives notice in writing to the customer of the reasons for the proposed termination, and gives the customer an opportunity to respond either orally or in writing;

D. If an owner of property is notified in writing by the public works director of leaks in the water line on the owner's property and has not repaired such leaks within three days after the notification, the public works department shall turn off the water on the property until the leak is repaired;

E. If specified maximum usages of water are set by the city council during low water months or other emergency conditions in the water system, and if any customer uses more than the specified maximum usage for his category, then such a violation shall result in the penalty applied to the customer in the amount of three dollars per one hundred cubic feet of water used over the specified maximum usage for his category during the period of emergency conditions;

F. Prohibit the filling or refilling of swimming pools, hot tubs or spas, to take effect upon written notification thereof by the city to users.

(Ord. 336 § 3, 1988: Ord. 13 § 1 (part), 1965: prior code § 9126B)

A. Normal Water Supply Conditions.

1. Outdoor water use for washing vehicles, boats, paved surfaces, buildings or other similar uses shall be attended and have hand-controlled water devices, typically including spring-loaded shutoff nozzles.

2. Outdoor irrigation resulting in excessive gutter runoff is prohibited.

3. Marinas and waterfront installations: all hoses shall have spring-loaded shutoff nozzles or similar controlling devices.

4. Restaurants shall serve drinking water only in response to a specific request by the customer.

5. Newly planted landscaping or newly seeded lawns installed prior to the date these mandatory conservation requirements are imposed may be temporarily exempted from the provisions of subsection A2 of this section; provided, the owner/tenant establishes documentation satisfactory to the city conclusively proving the planting date. Any temporary exemption shall expire when the planting is sufficiently established to survive without excessive gutter runoff. All other conservation measures remain applicable during the temporary exemption.

B. Moderately Restricted Water Supply Conditions.

1. Use of water which results in excessive gutter runoff is prohibited.

2. Outdoor water use for washing vehicles, boats, buildings or other similar uses shall be attended and have hand-controlled water devices, typically including spring-loaded shutoff nozzles.

3. No water shall be used for cleaning driveways, patios parking lots, sidewalks, streets, or other such uses except where necessary to protect the public health or safety.

4. Outdoor Irrigation.

a. Outdoor irrigation is prohibited between the hours of ten a.m. and four p.m.

b. All consumers are directed to use no more water than necessary to maintain landscaping.

5. Marinas and WaterfrontInstallations.

a. Use of fresh water to wash down boats, docks, or other incidental activities shall be attended and have hand-controlled devices, typically including spring-loaded shutoff nozzles.

b. All hoses shall have spring-loaded shutoff nozzles or similar controlling devices.

6. Restaurants shall serve drinking water only in response to a specific request by a customer.

7. Newly planted landscaping or newly seeded lawns installed prior to the date these mandatory conservation requirements are imposed may be temporarily exempted from the provisions of subsection B1 of this section; provided, the owner/tenant establishes documentation satisfactory to the city conclusively proving the planting date. Any temporary exemption shall expire when the planting is sufficiently established to survive without excessive gutter runoff. All other conservation measures remain applicable during the temporary exemption.

C. Severely Restricted Water Supply Conditions.

1. Outdoor Water Use (Except Irrigation).

a. Use of water which results in excessive gutter runoff is prohibited.

b. No water shall be used for cleaning driveways, patios, parking lots, sidewalks, streets, or other such uses except where necessary to protect the public health or safety.

c. Washing cars by use of a hose is prohibited. Use of a bucket is permitted subject to nonwasteful applications.

2. Outdoor Irrigation.

a. Outdoor irrigation is prohibited between the hours of ten a.m. and four p.m.

b. Irrigation of private and public landscaping, turf areas, and gardens is permitted at even-numbered addresses only on Wednesdays and Sundays, and at odd-numbered addresses only on Tuesdays and Saturdays. All consumers are directed to use no more water than necessary to maintain landscaping.

c. Newly planted landscaping or newly seeded lawns installed prior to the date these mandatory conservation requirements are imposed may be temporarily exempted from the provisions of subsection (C)(2)(b) of this section; provided, the owner/tenant establishes documentation satisfactory to the city conclusively proving the planting date. Any temporary exemption shall expire when the planting is sufficiently established to survive with twice per week watering. All other conservation measures remain applicable during the temporary exemption.

3. Marinas and Waterfront Installations.

a. Use of fresh water to wash down boats, docks, or other incidental activities is prohibited.

b. All hoses shall have spring-loaded shutoff nozzles or similar controlling devices.

4. Restaurants shall serve water only in response to a specific request by a customer.

5. Emptying and refilling of swimming pools and commercial spas is prohibited except to prevent structural damage and/or to comply with public health regulations.

6. Use of potable water for compaction or dust control purposes in construction activities is prohibited.

7. Any dysfunctional water fixtures in public or commercial facilities shall be repaired within three days of receipt of notification by the city.

8. All visitor-serving facilities in the city shall prominently display these mandatory water conservation requirements for the benefit and education of visitors to the community. Such display shall be done in a permanent vandal-resistant manner. Visitor-serving facilities shall include, but not be limited to, all motels, restaurants, campgrounds, recreational vehicle parks, mobilehome parks, service stations, public restrooms, etc. The owners or managers of such facilities shall distribute to all customers a printed handout or flyer describing these mandatory water conservation requirements. Such handouts or flyers shall be provided to the owners or managers of such facilities by the city free of charge.

D. Critical Water Supply Conditions.

1. Outdoor Water Use (Except Irrigation).

a. Use of water which results in gutter runoff is prohibited.

b. No water shall be used for cleaning driveways, patios, parking lots, sidewalks, streets or other such uses, except where necessary to protect the public health or safety, and then only by use of a bucket of water and brush.

c. Washing cars or other mobile vehicles and equipment, including trailers and boats on trailers, is permitted only by the use of a bucket of water. No use of hoses, even if equipped with a shut-off nozzle, is permitted. Commercial car washes are exempt from these provisions.

d. Use of potable water to wash buildings, houses or mobilehomes is prohibited.

2. Outdoor Irrigation.

a. Outdoor irrigation is prohibited between the hours of nine a.m. and five p.m.

b. Irrigation of landscaping and gardens is permitted at even-numbered addresses only on Wednesdays, and at odd-numbered addresses only on Tuesdays. Noncommercial food-crop gardens are exempt from these restrictions.

3. Marinas and Waterfront Installations.

a. Use of fresh water to wash down boats or docks, or for other incidental activities, is prohibited.

b. All hoses shall have spring-loaded shutoffs or similar devices, and may be used only to fill water tanks of boats or to flush outboard engines.

4. Restaurants shall serve water only in response to a specific request by a customer.

5. Emptying and refilling swimming pools and spas is prohibited except to prevent structural damage and/or to comply with public health regulations.

6. Use of potable water for compaction or dust-control purposes in construction activities is prohibited.

7. Any dysfunctional water fixtures in public commercial facilities shall be repaired immediately.

8. All visitor-serving facilities in the city shall prominently display these mandatory water conservation requirements for the benefit and education of visitors to the community. Such display shall be done in a permanent, vandal-resistant manner. Visitor-serving facilities shall include, but not be limited to, all motels, restaurants, campgrounds, recreational vehicle parks, mobilehome parks, service stations, public restrooms, etc. The owners or managers of such facilities shall distribute to all customers a printed handout or flyer describing these mandatory water conservation requirements. Such handouts or flyers shall be provided to the owners or managers of such facilities by the city free of charge.

E. Emergency Water Supply Conditions. The city council may impose water rationing requirements as it deems appropriate in accordance with Sections 13.04.330 and 13.04.340.

(Ord. 417 § 2, 1992; Ord. 381, 1990; Ord. 374 §§ 2 — 4, 1990; Ord. 347 § 3, 1989)

No person, other than those designated and authorized by the proper authority, or by the water department, shall open any fire hydrant, attempt to draw water from it or in any manner damage or tamper with it. Any violation of this section will be prosecuted according to law.

(Ord. 13 § 1 (part), 1965: prior code § 9117A)

Contractors requesting water supplied through fire hydrants must first obtain permission from the water department. See Master Fee Schedule for charges. The water department shall designate the specific fire hydrant to be used in the general area of the contractor's work. Charges begin with the day the meter is installed, and including the day the meter is removed at the request of the contractor. Requests for meter set and removal shall be made in writing on a form and in the manner as specified by the water department.

The water department may elect not to require a fire hydrant meter and to charge for water by the tank truck load for brief period of service at a rate not less than one dollar per one thousand gallons, taking into consideration the size of the tank and the total number of times the tank is filled. A five dollar service charge shall be paid in advance by the contractor for the privilege of using a fire hydrant for temporary water service without the use of a hydrant meter. Said five dollar service charge is to be paid in addition to costs for water used.

All billings for temporary water service are due and payable upon presentation to the contractor receiving said service.

It is specifically prohibited for any person to operate the valve of any fire hydrant other than by use of an approved spanner wrench designed for this purpose. All damages to any fire hydrant meter valve or related facility shall be paid for by the contractor if the damages occur during the period of temporary service to the contractor.

(Ord. 225 § 63, 1982; Ord. 67 § 9, 1967: Ord. 13 § 1 (part), 1965: prior code § 9117B)

When a fire hydrant has been installed in the location specified by the proper authority, the water department has fulfilled its obligation. If a property owner or other party desires a change in the size, type or location of the hydrant, he shall bear all costs of such changes, without refund. Any change in the location of a fire hydrant must be approved by the proper authority.

(Ord. 169 § 1, 1979; Ord. 13 § 1 (part), 1965: prior code § 9117C)

A private fire protection service connection in three to ten inch size will be furnished only if adequate provisions are made to prevent the use of water from such services for purposes other than fire extinguishing. The city shall require the installation of a detector-check meter by the customer.

(Ord. 67 § 8, 1967; Ord. 13 § 1 (part), 1965: prior code § 9113A)

A. Water for Fires. No charge will be made for water used to extinguish accidental fires.

B. Water for Fire Storage Tanks. Occasionally water may be obtained from a private fire service for filling a tank connected with the fire service, but only if written permission is secured from the water department in advance and an approved means of measurement is available. The rates for general use will be applied.

(Ord. 13 § 1 (part), 1965: prior code § 9113B)

If water is used from a fire service for purposes other than fire protection the water department may, at its option, discontinue and remove the service.

(Ord. 13 § 1 (part), 1965: prior code § 9113C)

The service connection and all equipment appurtenant thereto, including the meter, shall be the sole property of the water department, and no part of the cost thereof will be refunded to the applicant.

(Ord. 13 § 1 (part), 1965: prior code § 9113D)

The water department assumes no responsibility for loss or damage because of lack of water or pressure and merely agrees to furnish such quantities and pressures as are available in its general distribution system. All connections, pumps, tanks, chlorinators or other appurtenances installed at any point in the line between the meter and the customer's water outlets shall be the sole responsibility of the property owner, both as to the original installation and as to the maintenance and upkeep. Such installations must be approved by the water department.

(Ord. 13 § 1 (part), 1965: prior code § 9113E)

The two month rate for automatic fire protection service shall be in accordance with the Master Fee Schedule.

(Ord. 225 § 64, 1982; Ord. 13 § 1 (part), 1965: prior code § 9114)

The customer shall, at his own risk and expense, furnish, install and keep in good and safe condition all equipment that may be required for receiving, controlling, applying and utilizing water, and the city shall not be responsible for any loss or damage caused by the improper installation of such water equipment, or the negligence, want of proper care or wrongful act of the customer or of any of his tenants, agents, employees, contractors, licensees, or permittees in installing, maintaining, using, operating, or interfering with such equipment. The city shall not be responsible for damage to property caused by spigots, faucets, valves and other equipment that are open when water is turned on at the meter, either when the water is turned on originally, or when turned on after a temporary shutdown.

(Ord. 13 § 1 (part), 1965: prior code § 9118A)

The customer shall be liable for any damage to a meter or other equipment or property owned by the city which is caused by an act of the customer or his tenants, agents, employees, contractors, licensees or permittees, including the breaking or destruction of locks by the customer or others on or near a meter, and any damage to a meter that may result from hot water or steam from a broiler or heater on the customer's premises. The city shall be reimbursed by the customer for any damage promptly on presentation of a bill.

(Ord. 13 § 1 (part), 1965: prior code § 9118B)

The customer shall install a suitable valve, as close to the meter location as practicable, the operation of which will control the entire water supply from the service. The operation by the customer of the curb stop in the meter box is not permitted. In areas of excessive pressure, a customer may at his own expense, install a pressure reducing valve on the service line. Said valve shall be installed on the customer's side of the meter.

(Ord. 13 § 1 (part), 1965: prior code § 9119)

The customer must comply with state and federal laws governing the separation of dual water systems or installations of back flow protective devices to protect the public water supply from the danger of cross-connections. Plans for installations of back flow protective devices must also be approved by the water department prior to installation. Back flow protective devices must be installed as near the meter as possible and shall be open to test and inspection by the water department.

(Ord. 13 § 1 (part), 1965: prior code § 9120)