Sec. 37.106. - Conservation stages.

(a)

General conditions.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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