Oceanside Municipal Code Art. V Water Conservation Program

Footnotes:

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Editor's note— Ord. No. 91-15, § 1, adopted March 27, 1991, amended Art. V to read as herein set out in §§ 37.100—37.109. Prior to inclusion of said ordinance, Art. V, §§ 37.100—37.104, pertained to similar subject matter and derived from Ord. No. 88-15, § 2, adopted April 6, 1988.

A water conservation program will reduce the quantities of water used by the inhabitants of the City of Oceanside and such a program is necessary based on any of the following findings:

(a) There is a general water supply shortage.

(b) San Diego County Water Authority distribution facilities are inadequate.

(c) The prospect of a major failure of the supply and distribution facilities of the Metropolitan Water District of Southern California, the San Diego County Water Authority, as well as the City, exists at the present time.

(d) The conditions prevailing in the San Diego County area require that the water resources available be put to the maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use, or unreasonable method of use of water be prevented and the conservation of such water is to be extended with a view to the reasonable and beneficial use thereof.

This article is adopted pursuant to section 375 et seq. of the California Water Code.

(Ord. No. 91-15, § 1, 3-27-91)

(a) This article establishes water management requirements necessary to conserve water, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, prevent unreasonable use of water, prevent unreasonable method of use of water within the City of Oceanside in order to assure adequate supplies of water to meet the needs of the public, and further the public health, safety, and welfare, recognizing that water is a scarce natural resource that requires careful management not only in times of drought, but at all times.

(b) This article establishes regulations to be implemented during times of declared water shortages, or declared water shortage emergencies. It establishes six (6) levels of drought response actions to be implemented in times of shortage, with increasing restrictions on water use in response to worsening drought conditions and decreasing available supplies.

(c) Level 1 condition drought response measures are voluntary and will be reinforced through local and regional public education and awareness measures that may be funded in part by the City of Oceanside. During drought response conditions Levels 2 through 6, all conservation measures and water-use restrictions are mandatory and become increasingly restrictive in order to attain escalating conservation goals.

(d) During a Drought Response Level 2 condition or higher, the water conservation measures and water use restrictions established by this article are mandatory and violations are subject to criminal, civil, and administrative penalties and remedies specified in this article and as provided in the Oceanside City Code.

(Ord. No. 91-15, § 1, 3-27-91; Ord. No. 02-OR126-1, § 1, 2-20-02; Ord. No. 08-OR0439-1, § 1, 7-9-08; Ord. No. 15-OR0276-1, § 1, 5-20-2015; Ord. No. 21-OR0413-1, §§ 1, 2, 6-2-2021)

(a) The provisions of this article apply to any person in the use of any water provided by the City of Oceanside, except that the provisions of this ordinance do not apply to use of recycled water.

(b) This article is intended solely to further the conservation of water. It is not intended to implement any provision of Federal, State, or local statutes ordinances, or regulations relating to protection of water quality or control of drainage or runoff. Refer to chapter 40 of the Oceanside City Code or the regional water quality control board for information on any urban runoff/stormwater ordinances or urban runoff/stormwater management plans.

(c) Nothing in this article is intended to affect or limit the ability of the City of Oceanside to declare and respond to an emergency, including an emergency that affects the ability of the City of Oceanside to supply water.

(d) Nothing in this article shall apply to use of water that is subject to a special supply program, such as the water authority special agricultural water rate program. Violations of the conditions of the special supply program is subject to the penalties established under the applicable program. A person using water subject to a special supply program and other water provided by the City of Oceanside is subject to this ordinance in the use of other water.

(e) Nothing in this article shall apply to use of water that is subject to a special supply program, such as the Metropolitan Interim Agricultural Water Program or the Water Authority Special Agricultural Rate programs. Violations of the conditions of the special supply programs are subject to the penalties established under the applicable program. A person using water subject to a special supply program and other water provided by the City of Oceanside is subject to this ordinance in the use of the other water.

(Ord. No. 08-OR0439-1, § 2, 7-9-08; Ord. No. 15-OR0276-1, § 2, 5-20-2015)

(a) Pursuant to California Water Code, Section 375 et seq. the city may, for other than agricultural uses, specifically require the installation of water saving devices which are designed to reduce water consumption.

(b) All new development requiring the issuance of a building permit and corresponding issuance of a new or enlarged water meter shall be required to include low flow shower heads and ultra low flush toilets for all such new construction authorized by the building permit.

(c) Effect upon landscape plan requirements:

1. All new development which requires the preparation and approval of a landscape plan shall design and prepare such plans in accord with the principles and concepts of one hundred (100) percent Xeriscape plantings/micro-irrigation systems prior to the issuance of building permits.

2. Where landscape plans have been approved and bonds posted but no irrigation meter or meter used for irrigation has been issued, revised landscape plans must be submitted and reviewed for approval in accordance with the principles and concepts of one hundred (100) percent Xeriscape plantings/micro-irrigation systems prior to the issuance of building permits.

3. New development projects which have approved landscape plans and associated bonds posted and which have been issued an irrigation meter or meter used for irrigation may proceed with installation of the previously approved landscape plans.

4. All slopes exceeding eight (8) feet in height and having a slope ratio of four (4) to one or steeper may be irrigated with conventional low precipitation-rate overhead irrigation systems. If a portion of a slope is qualified for micro-irrigation and/or drip irrigation the entire slope is to be irrigated with the same system for front, side and back yard slopes.

(d) All new development of single-family and multi-family residential units shall incorporate the following water conservation standards for all such new construction authorized by the building permit:

1. The installation of a hot water recirculation device or other device or design to provide hot water to kitchen and bathroom faucets and showers within fifteen (15) seconds; and

2. Insulate all hot water pipes. Insulation shall have an R-Value as required by the State of California Energy Conservation Standards.

This requirement shall apply to all new development of single-family and multi-family residential units that do not have an approved final map prior to the effective date of this section or when a final map is not required or that do not have a completed building permit application on file prior to the effective date of this section.

(Ord. No. 91-15, § 1, 3-27-91; Ord. No. 91-52, § 1, 11-13-91; Ord. No. 02-OR126-1, § 2, 5-8-02; Ord. No. OR-0565-1, § 1, 9-10-2014)

(a) All water users are expected to minimize potable water use during all conservation stages.

(b) Indoor uses will, in general, be reduced by such practices as fewer and shorter showers and baths, no running water while brushing teeth and shaving, full loads in dish and clothes washers, avoidance of unnecessary toilet flushing, frequent checking and repair of leaks, avoidance of individual water treatment devices which waste any potable water and similar conservation practices. Commercial car washes shall meet the mandates of this ordinance within eighteen (18) months of approval of this article.

(c) Water users shall not let water leave the property by draining onto adjacent properties or public or private roadways for any reason. Spraying hard surfaces during irrigation activities is prohibited.

(Ord. No. 91-15, § 1, 3-27-91; Ord. No. 08-OR0439-1, § 3, 7-9-08; Ord. No. 15-OR0276-1, § 3, 5-20-2015)

(a) Commercial wash facilities, including mobile high pressure low volume users, shall recycle ninety (90) percent of the water utilized in the process.

(b) The mandate set forth in paragraph (a) above shall be met by October 1, 1992.

(Ord. No. 91-15, § 1, 3-27-91)

(a) Potable water means water delivered which meets drinking water standards.

(b) Reclaimed water means water which, as a result of treatment of wastewater, is suitable for a direct beneficial use or controlled use that would not otherwise occur per California Water Code, Section 13050(n) and any amendments thereto.

(c) Greywater means household wastewater other than toilet water, i.e., water from the laundry, shower, tub, bathroom and kitchen sinks. Its use is regulated by the San Diego County Department of Health Services.

(d) Active park and school ground areas means those areas designated by public agencies and private schools for specific sporting and recreational activities and areas traditionally used for active play or recreation where turf is an integral part of the activity. All other turf areas shall be considered ornamental.

(e) Micro irrigation systems/equipment means low pressure, low volume methods of water application. These devises include drip emitters, T-tape, microsprayers, mini-sprinklers, twirlers, and spaghetti tubing or equipment approved by the water utilities director. Conventional overhead sprinklers are not considered low-volume, low pressure irrigation systems/equipment.

(f) Conservation offset shall mean a program adopted by resolution of the city council which provides for the implementation of proven conservation techniques which, when installed, will result in a reduction equal to the demand of the proposed use.

(g) Fire protection means actions for prevention or suppression of fires as directed by the fire chief or fire marshal.

(h) Recreational and ornamental lakes and ponds means bodies of water which are not swimming pools, water storage reservoirs for potable water or irrigation purposes, or pools which maintain rare plant or animal species.

(i) Devices shall mean any method utilized to conserve potable or reclaimed water supplies or to offset existing potable or reclaimed water supplies.

(j) Grower refers to those engaged in the growing or raising in conformity with recognized practices of husbandry, for the purpose of commerce trade or industry, or for use by public educational or correctional institutions, of agricultural, horticultural or floricultural products, and produced (1) for human consumption or for the market, or (2) for the feeding of fowl or livestock produced for human consumption or for the market. Grower does not refer to customers who purchase water subject to the water authority special agricultural rate program. All growers classified for agricultural use must be certified to meet the definition of Government Code § 51201, subdivision (b) and comply with the San Diego regional Agricultural Water Management Plan.

(k) Metropolitan means the Metropolitan Water District of Southern California.

(l) Person means any natural person, corporation, public or private entity, public or private association, public or private agency, government agency or institution, school district, college, university, or any other user of water provided by the City of Oceanside.

(m) Water authority means the San Diego County Water Authority.

(n) WSCP means the water authority's water shortage contingency plan in existence on the effective date of this ordinance and as readopted or amended from time to time, or an equivalent plan of the water authority to manage or allocate supplies during shortages.

(Ord. No. 91-15, § 1, 3-27-91; Ord. No. 08-OR0439-1, § 4, 7-9-08; Ord. No. 15-OR0276-1, § 4, 5-20-2015; Ord. No. 21-OR0413-1, § 3, 6-2-2021)

(a) General conditions.

1. Customers are always asked to use water wisely and to practice water conservation measures so that water is not wasted. Under these conditions, the City of Oceanside has sufficient water supplies to meet normal and local emergency water supply needs. To protect and to enhance the city's overall use of local water supply, water treatment devices that waste potable water or that degrade wastewater so that it cannot be utilized for reclaimed water or local basin recharge will not be sold to or utilized by any users unless necessary for authorized medical reasons. The city encourages customers to follow the water conservation practices listed in Drought Response Level 1 at all times.

2. At all times the following practices shall be in effect:

a. Refrain from washing down paved surfaces, including, but not limited to, sidewalks, driveways, parking lots, tennis courts, or patios, except when it is necessary to alleviate safety or sanitation hazards.

b. Stop water waste resulting from inefficient landscape irrigation, such as runoff, low head drainage, or overspray, leaks in irrigation system, broken sprinkler heads, etc. Similarly, stop water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways or structures.

c. Use re-circulated water to operate ornamental fountains.

d. Wash vehicles using a bucket and a hand-held hose with a positive shut-off nozzle, mobile high pressure/low volume wash system, or at a commercial site that re-circulates (reclaims) water on-site. Avoid washing during hot conditions when additional water is required due to evaporation.

e. Serve and refill water in restaurants and other food service establishments only upon request.

f. Offer guests in hotels, motels, and other commercial lodging establishments the option of not laundering towels and linens daily.

(b) Drought Response Level 1—Drought Watch Condition.

1. A Drought Response Level 1 condition is also referred to as a "Drought Watch" condition. A Level 1 condition applies when the Water Authority notifies its member agencies that due to drought or other supply reductions, there is a reasonable probability there will be supply shortages and that a consumer demand reduction of up to ten (10) percent is required in order to ensure that sufficient supplies will be available to meet anticipated demands.

2. During a Level 1 Drought Watch condition, the City of Oceanside actively promotes water efficiency through public education and outreach efforts to emphasize increased public awareness of the need to implement the following water conservation practices:

a. Irrigate residential and commercial landscape before 10:00 a.m. and after 6:00 p.m. only. Watering is permitted at any time when a drip/micro-irrigation system/equipment is used.

b. Use a hand-held hose equipped with a positive shut-off nozzle or bucket to water landscaped areas, including trees and shrubs located on residential and commercial properties that are not irrigated by a landscape irrigation system.

c. Irrigate nursery and commercial grower's products before 10:00 a.m. and after 6:00 p.m. only. Watering is permitted at any time with a hand-held hose equipped with a positive shut-off nozzle, a bucket, or when a drip/micro-irrigation system/equipment is used. Irrigation of nursery propagation beds is permitted at any time. Watering of livestock is permitted at any time.

d. Repair all water leaks within five (5) days of notification by the City of Oceanside unless other arrangements are made with the water utilities director.

e. Use recycled or non-potable water for construction purposes when available.

3. During a Drought Response Level 2 condition or higher, all persons shall be required to implement the conservation practices established in a Drought Response Level 1 condition.

(c) Drought Response Level 2—Drought Alert Condition.

1. A Drought Response Level 2 condition is also referred to as a "Drought Alert" condition. A level 2 condition applies when the Water Authority notifies its member agencies that due to cutbacks caused by drought or other reduction in supplies, a consumer demand reduction of up to twenty (20) percent is required in order to have sufficient supplies available to meet anticipated demands. The Oceanside Water Utilities Director shall declare the existence of a Drought Response Level 2 condition and will implement the mandatory Level 2 conservation measures identified in this ordinance.

2. All persons using City of Oceanside water shall comply with Level 1 Drought Watch water conservation practices during a Level 2 Drought Alert, and shall also comply with the following additional conservation measures:

a. Limit residential and commercial landscape irrigation to no more than three (3) assigned days per week on a schedule established by the water utilities director and posted by the City of Oceanside. This section shall not apply to commercial growers or nurseries unless under direct order by the governor or by a state agency acting on his behalf.

b. Limit lawn watering and landscape irrigation using sprinklers to no more than ten (10) minutes per water station per assigned day. This provision does not apply to landscape irrigation systems using water efficient devices, including, but not limited to: weather-based controllers, drip/micro/irrigation systems or stream rotor sprinklers.

c. Water landscaped areas, including trees and shrubs located on residential and commercial properties, and not irrigated by a landscape irrigation system governed by subsection 37.106(c)2.a., on the same schedule set forth in subsection 37.106(c)2.a. by using a bucket, hand-held hose with positive shut-off nozzle, or low-volume non-spray irrigation.

d. Repair all leaks within seventy-two (72) hours upon notification by the City of Oceanside unless other arrangements are made with the water utilities director.

e. Stop operating ornamental fountains or similar decorative water features unless recirculated water is used.

(d) Drought Response Level 3—Drought Critical Condition.

1. A Drought Response Level 3 condition is also referred to as a "Drought Critical" condition. A Level 3 condition applies when the Water Authority notifies its member agencies that due to increasing cutbacks caused by drought or other reduction of supplies, a consumer demand reduction of up to thirty (30) percent is required in order to have sufficient supplies available to meet anticipated demands. The Oceanside Water Utilities Director shall declare the existence of a Drought Response Level 3 condition and will implement the mandatory Level 3 conservation measures identified in this ordinance.

2. All persons using City of Oceanside water shall comply with Level 1 Drought Watch and Level 2 Drought Alert water conservation practices during a Drought Response Level 3 condition, and shall also comply with the following additional mandatory conservation measures:

a. Limit residential and commercial landscape irrigation to no more than two (2) assigned days per week on a schedule established by the water utilities director and posted by the City of Oceanside. This section shall not apply to commercial growers or nurseries.

b. Water landscaped areas, including trees and shrubs located on residential and commercial properties, and not irrigated by a landscape irrigation system governed by subsection 37.106(d)2.a., on the same schedule set forth in subsection 37.106(d)2.a. by using a bucket, hand-held hose with positive shut-off nozzle, or low-volume non-spray irrigation.

c. Stop washing vehicles except at commercial carwashes that re-circulate water, or by high pressure/low volume wash systems.

d. Repair all leaks within forty-eight (48) hours of notification by the City of Oceanside unless other arrangements are made with the water utilities director.

e. Upon the declaration of a Drought Response Level 3 condition, the City of Oceanside will suspend consideration of annexations to its service area.

(e) Drought Response Level 4.

1. A Level 4 condition applies when the Water Authority notifies its member agencies that due to increasing cutbacks caused by drought or other reduction of supplies, a consumer demand reduction of up to forty (40) percent is required in order to have sufficient supplies available to meet anticipated demands. The Oceanside Water Utilities Director shall declare the existence of a Drought Response Level 4 condition and will implement the mandatory Level 4 conservation measures identified in this ordinance.

2. All persons using City of Oceanside water shall comply with conservation measures required during Level 1 Drought Watch, Level 2 Drought Alert, and Level 3 Drought Critical conditions and shall also comply with the following additional mandatory conservation measures:

a. Stop filling or re-filling ornamental lakes or ponds, except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to declaration of a drought response level under this ordinance.

(f) Drought Response Level 5.

1. A Level 5 condition applies when the Water Authority notifies its member agencies that due to increasing cutbacks caused by drought or other reduction of supplies, a consumer demand reduction of up to fifty (50) percent is required in order to have sufficient supplies available to meet anticipated demands. The Oceanside City Council shall adopt a resolution declaring the existence of a Drought Response Level 5 condition and implementing the Level 5 conservation measures identified in this article.

2. All persons using City of Oceanside water shall comply with conservation measures required during Level 1 Drought Watch, Level 2 Drought Alert, and Level 3 Drought Critical, and Level 4 conditions and shall also comply with the following additional mandatory conservation measures:

a. Stop all landscape irrigation, except crops and landscape products of commercial growers and nurseries. This restriction shall not apply to the following categories of use unless the City of Oceanside has determined that recycled water is available and may be lawfully applied to the use.

(1) Maintenance of trees and shrubs that are watered on the same schedule set forth in subsection 37.106(d)2.a. by using a bucket, hand-held hose with a positive shut-off nozzle, or low-volume non-spray irrigation;

(2) Maintenance of existing landscaping necessary for fire protection as specified by the fire marshal of the local fire protection agency having jurisdiction over the property to be irrigated;

(3) Maintenance of existing landscaping for erosion control;

(4) Maintenance of plant materials identified to be rare or essential to the well-being of rare animals;

(5) Maintenance of landscaping within active public parks and playing fields, day care centers, school grounds, cemeteries, and golf course greens, provided that such irrigation does not exceed two (2) days per week according the schedule established under subsection 37.106(d)2.a.;

(6) Watering of livestock; and

(7) Public works projects and actively irrigated environmental mitigation projects.

b. Repair all leaks within twenty-four (24) hours of notification by the City of Oceanside unless other arrangements are made with the water utilities director.

3. The City of Oceanside may establish a water allocation for property served by the City of Oceanside. If the City of Oceanside establishes a water allocation it shall provide notice of the allocation by including it in the regular billing statement for the fee or charge or by any other mailing to the address to which the City of Oceanside customarily mails the billing statement for the fees or charges for on-going water service. The notice of allocation may also include notice that water usage in excess of the allocation will be subject to a penalty in a specified amount for each billing unit of water used in excess of the allocation. The penalty for excess water use shall be cumulative to any other remedy or penalty that may be imposed for violation of this article.

4. Upon the declaration of a Drought Response Level 5 condition, no new potable water service shall be provided, no new temporary meters or permanent meters shall be provided, and no statements of immediate ability to serve or provide potable water service (such as, will-serve letters, certificates, or letters of availability) shall be issued, except under the following circumstances:

a. A valid, unexpired building permit has been issued for the project; or

b. The project is necessary to protect the public's health, safety, and welfare; or

c. The applicant provides substantial evidence of an enforceable commitment that water demands for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of the City of Oceanside.

This provision shall not be construed to preclude the resetting or turn-on of meters to provide continuation of water service or to restore service that has been interrupted for a period of one (1) year or less.

(g) Drought Response Level 6.

1. A Drought Response Level 6 condition applies when the Water Authority Board of Directors declares a water shortage emergency pursuant to California Water Code Section 350 and notifies its member agencies that a Level 6 requires a demand reduction of more than fifty (50) percent in order for the City of Oceanside to have maximum water supplies available to meet anticipated demands. The City of Oceanside shall declare a Drought Emergency in the manner and on the grounds provided in California Water Code Section 350.

2. All persons using City of Oceanside water shall comply with conservation measures required during Level 1 Drought Watch, Level 2 Drought Alert, and Level 3 Drought Critical, Level 4, and Level 5 conditions and shall also comply with the following additional mandatory conservation measures:

a. Stop all landscape irrigation, except crops and landscape products of commercial growers and nurseries. This restriction shall not apply to the following categories of use unless the city has determined that recycled water is available and may be lawfully applied to the use.

(1) Maintenance of existing landscaping necessary for fire protection as specified by the fire marshal of the local fire protection agency having jurisdiction over the property to be irrigated;

(2) Maintenance of existing landscaping for erosion control;

(3) Maintenance of plant materials identified to be rare or essential to the well-being of rare animals;

(4) Watering of livestock; and

(5) Public works projects and actively irrigated environmental mitigation projects.

(Ord. No. 91-15, § 1, 3-27-91; Ord. No. 02-OR126-1, § 3, 5-8-02; Ord. No. 08-OR0439-1, § 5, 7-9-08; Ord. No. 15-OR0276-1, § 5, 5-20-2015; Ord. No. 21-OR0413-1, § 4, 6-2-2021; Ord. No. 22-OR0643-1, §§ 1—3, 9-14-2022)

(a) The correlation between the Water Authority's WSCP shortage levels and the City of Oceanside's drought response levels identified in this ordinance is described herein. Under WSCP Shortage Level 1, the City of Oceanside would implement Drought Response Level 1 actions. Under WSCP Shortage Level 2, the City of Oceanside would implement Drought Response Level 1 and Level 2 actions. Under WSCP Shortage Levels 3, the City of Oceanside would implement Drought Response Level 1, Level 2, and Level 3 actions. Under WSCP Level 4, the City of Oceanside would implement Drought Response Level 1, Level 2, Level 3, and Level 4 actions. Under WSCP Level 5, the City of Oceanside would implement Drought Response Level 1, Level 2, Level 3, Level 4, and Level 5 actions. Under WSCP Level 6, the City of Oceanside would implement Drought Response Level 1, Level 2, Level 3, Level 4, Level 5, and Level 6 actions.

(b) The drought response levels identified in this ordinance correspond with the Water Authority WSCP as identified in the following table:

(Ord. No. 91-15, § 1, 3-27-91; Ord. No. 08-OR0439-1, § 6, 7-9-08; Ord. No. 21-OR0413-1, § 5, 6-2-2021)

(a) The existence of a Drought Response Level 1 condition may be declared by the water utilities director upon a written determination of the facts and circumstances supporting the determination. A copy of the written determination shall be filed with the Oceanside City Clerk and provided to the Oceanside City Council. The water utilities director may publish a notice of the determination of existence of Drought Response Level 1 condition in one (1) or more newspapers, including a newspaper of general circulation within the City of Oceanside. The City of Oceanside may also post notice of the condition on its website.

(b) The existence of Drought Response Level 2, Level 3, or Level 4 conditions shall be declared by the water utilities director in accordance with the water authority board of director's declaration. The mandatory conservation measures applicable to Drought Response Level 2, Level 3, or Level 4 conditions shall take effect on the tenth (10th) day after the water utilities director declares the response level, or on such later date as may be set forth in the declaration. Within five (5) days following the declaration of the response level, the City of Oceanside shall publish a copy of the declaration in a newspaper used for publication of official notices. If the City of Oceanside establishes a water allocation, it shall provide notice of the allocation by including it in the regular billing statement for the fee or charge or by any other mailing to the address to which the City of Oceanside customarily mails the billing statement for the fees or charges for on-going water service. Water allocation shall be effective on the fifth (5th) day following the date of the mailing or at such later date as specified in the notice.

(c) The existence of a Drought Response Level 5 or Level 6 condition may be declared in accordance with the procedures specified in California Water Code Sections 351 and 352. The mandatory conservation measures applicable to Drought Response Level 5 and Level 6 conditions shall take effect on the tenth (10th) day after the Oceanside City Council adopts a resolution declaring the response level, or on such later date as may be set forth in the resolution. Within five (5) days following the declaration of the response level, the City of Oceanside shall publish a copy of the resolution in a newspaper used for publication of official notices.

(d) Following the declaration of new drought response level by the water utilities director, the city manager shall place an informational item on the next available city council agenda to explain to the public the new restrictions. The Oceanside City Council may declare an end to the drought response level by the adoption of a resolution at any regular or special meeting held in accordance with State law.

(Ord. No. 91-15, § 1, 3-27-91; Ord. No. 08-OR0439-1, § 7, 7-9-08; Ord. No. 09-OR0336-1, §§ 1, 2, 6-3-09; Ord. No. 21-OR0413-1, § 6, 6-2-2021; Ord. No. 22-OR0643-1, § 4, 9-14-2022)

(a) The penalties for violations of this article are set forth in Section 1.7 and Section 1.14 et seq. of the City Code.

(b) No customer shall knowingly make, cause, use, or permit the use of water for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this article, or in an amount in excess of that use permitted by the conservation stages which are in effect pursuant to the provisions of this article.

(c) In addition to any other remedies which the city may have for the enforcement of this article, service of water may be discontinued or appropriately limited to any customer who willfully uses water in violation of any provision hereof.

(Ord. No. 91-15, § 1, 3-27-91; Ord. No. 08-OR0439-1, § 8, 7-9-08)

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Effective upon declaration by the San Diego County Water Authority that Drought Response Levels Three through Six water reductions are required in order to have sufficient supplies to meet anticipated demands and upon the adoption of a resolution at each level by the Oceanside City Council, the following Drought Level Three through Six rates may be implemented:

Level 3 Drought Alert Rates: Up to 30% Mandatory Reduction Service Fee Surcharge (per account): 10% higher than the current monthly rate (per meter equivalent)

Level 4 Drought Critical: Up to 40% Mandatory Reduction Service Fee Surcharge (per account): 25% higher than the current monthly rate (per meter equivalent)

Level 5 and 6 Drought Emergency: Above 40% Mandatory Reduction Service Fee Surcharge (per account): 30% higher than the current monthly rate (per meter equivalent)

(Ord. No. 09-OR0336-1, § 3, 6-3-09; Ord. No. 21-OR0413-1, § 7, 6-2-2021)

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