Chapter 13.17 — WATER CONSERVATION

This chapter will be known as the Orange Cove Water Conservation and Water Supply Shortage Plan.

(Ord. No. 351, § 1, 1-26-2011)

A.

A reliable minimum supply of potable water is essential to the public health, safety, and welfare of the people and economy of the Central Valley region. The city is located in Central California which is a semi- arid region and is largely dependent upon water supplies. A growing population, climate change,

environmental concerns, and other factors in other parts of the state and western United States, make the region highly susceptible to water supply reliability issues.

B.

Careful water management that includes active water conservation measures not only in times of drought, but at all times, is essential to ensure a reliable minimum supply of water to meet current and future water supply needs.

C.

Article X, Section 2 of the California Constitution declares that the general welfare requires that water resources be put to beneficial use, waste or unreasonable use or unreasonable method of use of water be prevented, and conservation of water be fully exercised with a view to the reasonable and beneficial use thereof.

D.

Article XI, Section 7 of the California Constitution declares that a city may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws.

E.

California Water Code Section 375 authorizes water suppliers to adopt and enforce a comprehensive water conservation program to reduce water consumption and conserve supplies.

F.

The adoption and enforcement of a water conservation and supply shortage program is necessary to manage the city's potable water supply in the short and long-term and to avoid or minimize the effects of drought and shortage within the city. Such program is essential to ensure a reliable and sustainable minimum supply of water for the public health, safety, and welfare.

(Ord. No. 351, § 1, 1-26-2011)

A.

The purpose of this chapter is to establish a water conservation and supply shortage plan that will reduce water consumption within the city through conservation, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, and maximize the efficient use of water within the city to avoid and minimize the effect and hardship of water shortage to the greatest extent possible.

B.

This chapter establishes permanent water conservation standards intended to alter behavior related to water use efficiency at all times and further establishes three levels of water supply shortage response actions to be implemented during times of declared water shortage or declared water shortage emergency,

with increasing restrictions on water use in response to worsening drought or emergency conditions and decreasing supplies.

(Ord. No. 351, § 1, 1-26-2011; Ord. No. 372, § 1, 4-8-2015)

A.

The following words and phrases whenever used in this chapter have the meaning defined in this section:

"Person" means any natural person or persons, corporation, public or private entity, governmental agency or institution, including all agencies and departments of the city or any other user of water provided by the city.

"Landscape irrigation system" means an irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system.

"Large landscape areas" means a lawn, landscape, or other vegetated area, or combination thereof, equal to more than one acre of irrigable land.

"Single pass cooling systems" means equipment where water is circulated only once to cool equipment before being disposed.

"Potable water" means water which is suitable for drinking.

"Recycled water" means the reclamation and reuse of non-potable water for beneficial use as defined in Title 22 of the California Code of Regulations.

(Ord. No. 351, § 1, 1-26-2011)

A.

The provisions of this chapter apply to any person in the use of any potable water provided by the city.

B.

The provisions of this chapter do not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire and other similar emergency services.

C.

The provisions of this chapter do not apply to the use of recycled water, with the exception of subsection 13.17.060A.

D.

The provisions of this chapter do not apply to the use of water by commercial nurseries and commercial growers to when necessary as a result of climatic conditions, to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale.

E.

This chapter 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.

(Ord. No. 351, § 1, 1-26-2011)

The following water conservation requirements are effective at all times and are permanent. Violations of this section will be considered waste and an unreasonable use of water.

A.

Limits on Watering Hours. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 9:00 a.m. and 5:00 p.m. Pacific Standard Time on any day, except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or sprinkler device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system, and provided such manual use is controlled and attended.

B.

Limit on Watering Duration. Watering or irrigating of lawn, landscape or other vegetated area with potable water using a landscape irrigation system or a watering device that is not continuously attended is limited to no more than fifteen minutes watering per day per station. This subsection does not apply to landscape irrigation systems that exclusively use very low-flow drip type irrigation systems when no emitter produces more than two gallons of water per hour and weather based controllers or stream rotor sprinkles that meet a seventy percent efficiency standard.

C.

Limited Watering Days.

Odd Number Addresses. Properties with an odd number street address shall be permitted to use water for outdoor watering purposes on Tuesdays, Thursday, and Saturdays except during the hours prohibited by subsection A;

Even Number Addresses. Properties with an even number street address shall be permitted to use water for outdoor watering purposes on Wednesdays, Fridays, and Sundays except during the hours prohibited by subsection A;

There shall be no watering on Mondays.

D.

No Excessive Water Flow or Runoff. Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited.

E.

No Washing Down Hard or Paved Surfaces. Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off device, a low- volume, high-pressure cleaning machine equipped to recycle any water used, or a low-volume high- pressure water broom.

F.

Obligation to Fix Leaks, Breaks or Malfunctions. Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected and in no event more than seven days of receiving notice from the city is prohibited.

G.

Re-circulating Water Required for Water Fountains and Decorative Water Features. Operating a water fountain or other decorative water feature that does not use re-circulated water is prohibited.

H.

Limits on Washing Vehicles. Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not is prohibited, except by use of a hand-held bucket or similar container or a hand-held hose equipped with a positive self-closing water shut-off nozzle or device. This subsection does not apply to any commercial car washing facility.

I.

Drinking Water Served Upon Request Only. Eating or drinking establishments or other public places where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any person unless expressly requested.

J.

Single Pass Cooling Systems. Installation of single pass cooling systems is prohibited in buildings requesting new water service.

K.

Non-re-circulating Commercial Car Wash and Laundry Systems. Installation of non-re-circulating water systems is prohibited in new commercial conveyor car wash and new commercial laundry systems.

L.

Restaurants Required to Use Water Conserving Dish Wash Spray Valves. Food preparation establishments, such as restaurants or cafes, are prohibited from using non-water conserving dish wash spray valves.

M.

Commercial Car Wash Systems. Effective June 1, 2015 all new commercial conveyor car wash systems must have installed operational re-circulating water systems, or must have secured a waiver of this requirement from the city.

N.

Reserved.

O.

Flood Irrigation. Flood irrigation of residential landscapes is expressly prohibited.

(Ord. No. 351, § 1, 1-26-2011)

A.

Declaration of Level 1 Water Supply Shortage. A Level 1 water supply shortage exists when the city council determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the city council by written resolution of a Level 1 water supply shortage condition, the city will implement the mandatory Level 1 conservation measures identified in this section.

B.

Additional Water Conservation Measures. In addition to the prohibited uses of water identified in section 13.17.060, the following water conservation requirements apply during a declared Level 1 water supply

shortage:

Limits on Watering Days. Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to two days per week on a schedule established and posted by the city This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.

Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within seventy-two hours of notification by the city.

(Ord. No. 351, § 1, 1-26-2011)

A.

Declaration of Level 2 Water Supply Shortage Emergency Condition. A Level 2 water supply shortage exists when the city council determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the city council by written resolution of a Level 2 water supply shortage condition, the city will implement the mandatory Level 2 conservation measures identified in this section.

B.

Additional Conservation Measures. In addition to the prohibited uses of water identified in Sections

Level 2 water supply shortage:

Limits on Watering Days. Watering or irrigating landscape or other vegetated area with potable water is limited to one day per week on a schedule established and posted by the city. This restriction does not apply to the following categories of use, if the city has determined that recycled water is available and may be applied to the use:

a.

Maintenance of vegetation, including trees and shrubs, that are watered using a hand-held bucket or similar container, hand-held hose equipped with a positive self-closing water shut-off nozzle or device;

b.

Maintenance of existing landscape necessary for fire protection;

c.

Maintenance of existing landscape for soil erosion control;

d.

Maintenance of plant materials identified to be rare or essential to the well-being of protected species; maintenance of landscape within active public parks and playing fields, day care centers, golf course greens, and school grounds, provided that such irrigation does not exceed two days per week according to the schedule established in Subsections 13.17.060A, B and C;

e.

Actively irrigated environmental mitigation projects.

Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within twenty-four hours of notification by the city unless other arrangements are made with the city.

Limits on Filling Ornamental Lakes or Ponds. Filling or re-filling ornamental lakes or ponds is prohibited, 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 supply shortage level under this chapter.

Limits on Washing Vehicles. Using water to wash or clean a vehicle, including but not limited to, any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not, is prohibited. This subsection does not apply to any commercial car washing facility.

Limits on Filling Residential Swimming Pools and Spas. Re-filling of more than one foot and initial filling of residential swimming pools or outdoor spas with potable water is prohibited.

The city may impose either of the following restrictions:

a.

No New Potable Water Service. Upon declaration of a Level 2 water supply shortage emergency condition, no new potable water service will be provided, no new temporary meters or permanent meters will 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) will be issued, except under the following circumstances:

i.

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

ii.

The project is necessary to protect the public health, safety, and welfare; or

iii.

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.

b.

Limits on Building Permits. The city will limit or withhold the issuance of building permits which require new or expanded water service, except to protect the public health, safety and welfare, or in cases which meet the city adopted conservation offset requirements.

Discontinue Service. The city, in its sole discretion, may discontinue service to consumers who willfully violate provisions of this section.

No New Annexations. Upon the declaration of a Level 2 water supply shortage condition, the city will suspend consideration of annexations to its service area. This subsection does not apply to boundary corrections and annexations that will not result in any increased use of water.

(Ord. No. 372, § 2, 4-8-2015)

A.

Declaration of Level 3 Water Supply Shortage Emergency Condition. A Level 3 water supply shortage exists when the city council determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the city council by written resolution of a Level 3 water supply shortage condition, the city will implement the mandatory Level 3 conservation measures identified in this section.

B.

Additional Conservation Measures. In addition to the prohibited uses of water identified in Sections 13.17.060, 13.17.070, 13.17.075 the following additional water conservation requirements apply during a

declared Level 2 water supply shortage:

Watering Days—No Watering or Irrigating. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited. This restriction does not apply to the following categories of use, if the city has determined that recycled water is available and may be applied to the use:

a.

Maintenance of vegetation, including trees and shrubs, that are watered using a hand-held bucket or similar container, hand-held hose equipped with a positive self-closing water shut-off nozzle or device;

b.

Maintenance of existing landscape necessary for fire protection;

c.

Maintenance of existing landscape for soil erosion control;

d.

Maintenance of plant materials identified to be rare or essential to the well-being of protected species; maintenance of landscape within active public parks and playing fields, day care centers, golf course greens, and school grounds, provided that such irrigation does not exceed two days per week according to the schedule established in subsections 13.17.060A, B and C;

e.

Actively irrigated environmental mitigation projects.

Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within twenty-four hours of notification by the city unless other arrangements are made with the city.

Limits on Filling Ornamental Lakes or Ponds. Filling or re-filling ornamental lakes or ponds is prohibited, 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 supply shortage level under this chapter.

Limits on Washing Vehicles. Using water to wash or clean a vehicle, including but not limited to, any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not, is prohibited. This subsection does not apply to any commercial car washing facility.

Limits on Filling Residential Swimming Pools and Spas. Re-filling of more than one foot and initial filling of residential swimming pools or outdoor spas with potable water is prohibited.

The city may impose either of the following restrictions:

a.

No New Potable Water Service: Upon declaration of a Level 3 water supply shortage emergency condition, no new potable water service will be provided, no new temporary meters or permanent meters will 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) will be issued, except under the following circumstances:

i.

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

ii.

The project is necessary to protect the public health, safety, and welfare; or

iii.

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.

b.

Limits on Building Permits. The city will limit or withhold the issuance of building permits which require new or expanded water service, except to protect the public health, safety and welfare, or in cases which meet the city adopted conservation offset requirements.

Discontinue Service. The city, in its sole discretion, may discontinue service to consumers who willfully violate provisions of this section.

No New Annexations. Upon the declaration of a Level 3 water supply shortage condition, the city will suspend consideration of annexations to its service area. This subsection does not apply to boundary corrections and annexations that will not result in any increased use of water.

(Ord. No. 351, § 1, 1-26-2011; Ord. No. 372, § 3, 4-8-2015)

The existence of Level 1, Level 2 or Level 3 water supply shortage conditions may be declared by resolution of the city council adopted at a regular or special public meeting held in accordance with state law. The mandatory conservation requirements applicable to Level 1, Level 2 or Level 3 conditions will take effect on the following day after the date the shortage level is declared. Following the declaration of the shortage level, the city must publish a copy of the resolution in a newspaper used for publication of official notices and shall provide for other notification by flyer, website, and other feasible methods. If the city activates a water allocation process, it must provide notice of the activation by including it in the regular billing statement or by any other mailing to the address to which the city customarily mails the billing statement for fees or charges for on-going water service. A water allocation will be effective on the fifth day following the date of mailing or at such later date as specified in the notice.

(Ord. No. 351, § 1, 1-26-2011; Ord. No. 372, § 4, 4-8-2015)

A.

Undue and Disproportionate Hardship. If, due to unique circumstances, a specific requirement of this chapter would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water users, then the person may apply for a waiver to the requirements as provided in this section.

B.

Written Finding. The waiver may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the user's property.

Application. Application for a waiver must be on a form prescribed by the city of and accompanied by a non-refundable processing fee in an amount set by city council resolution.

Supporting Documentation. The application must be accompanied by photographs, maps, drawings, and other information, including a written statement of the applicant.

Required Findings for Waiver. An application for a waiver will be denied unless the city manager finds, based on the information provided in the application, supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the city all of the following:

a.

That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses;

b.

That because of special circumstances applicable to the property or its use, the strict application of this chapter would have a disproportionate impact on the property or use that exceeds the impacts to residents and businesses generally;

c.

That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the city to effectuate the purpose of this chapter and will not be detrimental to the public interest; and

d.

That the condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent or general in nature.

Approval Authority. The city manager must act upon any completed application no later than ten days after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver must be promptly notified in writing of any action taken. Unless specified otherwise at the time a waiver is approved, the waiver will apply to the subject property during the period of the mandatory water supply shortage condition. The decision of the city manager will be final.

(Ord. No. 351, § 1, 1-26-2011)

A.

Public Nuisance. A violation of this chapter also constitutes a public nuisance.

B.

Separate Offenses. Each day that a violation of this chapter occurs is a separate offense.

(Ord. No. 351, § 1, 1-26-2011)

Whenever the city has inspected or caused to be inspected any property and has determined that there exists a violation of this chapter upon the property, the city in its sole discretion may proceed as follows:

Issuance of an infraction;

Issuance of an administrative citation pursuant to section 1.24.010;

Treat the violation as a public nuisance pursuant to chapter 8.36 and proceed with enforcement as authorized therein; and/or

Request the city attorney to institute legal action including but not limited to injunctive or criminal action.

(Ord. No. 351, § 1, 1-26-2011)

A.

The city, in its sole discretion, may issue a courtesy notice or warning of violation to the record owner and/or occupant of the property upon which a violation of this chapter exists.

(Ord. No. 351, § 1, 1-26-2011)