Chapter 12.32 — WATER USE REGULATIONS

No purchaser of water from the city of Palo Alto, nor any customers of the water utility of the city of Palo Alto, shall use water or allow any other person to use water under the control of such customer or purchaser in the following ways:

(a) Potable water shall not be allowed to flood or run off into gutters: driveways, sidewalks, streets or other unlandscaped areas.

(b) By means of a hose to wash cars, boats, trailers, buses or other vehicles or to wash sidewalks, building structures, other hard-surfaced areas or parts thereof without an operating automatic shut-off valve. Use of a hose for such purposes should be avoided whenever possible.

(c) Potable water for consolidation of backfill and other nondomestic uses in construction shall not be used if other water sources such as reclaimed water are available, as determined by the director of utilities or his or her designee. Applicants for hydrant permits from the city of Palo Alto shall be deemed to have consented to restrictions on water use which may be imposed by the director of utilities or his or her designee.

(d) Any broken or defective plumbing, sprinklers, watering or irrigation systems which permit the escape or leakage of water shall be repaired or replaced as soon as possible, but no later than the date established by the director of utilities, or his or her designee, as reasonable after observation of the broken or defective system.

(e) The irrigation of turf or ornamental landscapes, which serve purely decorative purposes, and are distinguished from trees, edible gardens or landscapes that provide more than a purely aesthetic function, with potable water shall not be allowed between 10:00 a.m. and 6:00 p.m., except via hand watering with a bucket or a hose with an operating shut-off valve.

(f) The use of potable water in a fountain or other decorative water feature is prohibited, except where the water is part of a recirculating system.

(g) The use of potable water for street sweepers and washers is prohibited if non-potable water is available, as determined by the Director of Utilities, or his or her designee.

(h) Commercial car washes must use recycled water systems, if recycled water is available, as determined by the Director of Utilities, or his or her designee, and economically feasible.

(Ord. 5385 § 1, 2016; Ord. 4041 § 1, 1991: Ord. 3964 § 1, 1990: Ord. 3884 § 2 (part), 1989)

• Editor's Note: Section 12.32.015, pertaining to emergency water use regulations, previously codified herein and containing portions of Ordinance Nos. 3960, 3984 and 4038 was suspended, but specifically not repealed, by Ordinance No. 4150, § 2. In pertinent part, said Section 2 of Ordinance No. 4150 states that Section 12.32.015 is "suspended until such time as water shortage emergency conditions shall be subsequently found, determined, and declared by the Council to exist."

In addition to enforcing the provisions of this chapter against any person as a misdemeanor, an infraction, or via the imposition of administrative fines or penalties, the city manager and his designated employees are authorized to enforce the provisions of this chapter against customers and water purchasers of the utility as follows:

(a) Reports of alleged misuse of water in a manner contrary to the provisions of this chapter shall be called to the attention of the party responsible for the service connection misused and shall be investigated by the utilities department personnel to the extent possible.

(b) Utilities department personnel shall issue a written warning to the responsible party or parties.

(c) If a second or third incident of misuse of water in a manner contrary to the provisions of this chapter is established to the satisfaction of the utilities department personnel, up to two additional written warnings shall be issued to the responsible party or parties, advising that the city may opt to pursue available enforcement remedies, including the issuance of administrative citations, fines, infractions punishable by penalties, misdemeanors, flow restrictors, and termination of water service.

(d) For any subsequent incident by the same party, customer, or water purchaser, or for any willful violation of this chapter, the city manager or his designee may, in addition to the pursuit of any available enforcement remedies, elect to install a flow restrictor upon the service connection of the purchaser or customer at the purchaser's or customer's expense.

(1)  Prior to installation of the water restrictor, the director of utilities shall give written notice to the person responsible for the service

connection, which is to be restricted, of his intention to install a restrictor. The person or persons to whom notice is to be given shall have five business days from the date of service of the notice to request a hearing before the city manager or his designee in order to present any and all evidence they may have as to why a restrictor should not be installed or under what conditions it might be installed.

(2)   If a hearing is requested, the city manager or his designee shall schedule a date and time for said hearing as soon as possible after the

request is filed, but not later than five business days after the filing or such request for hearing.

(3)  At the hearing, the person whose service connection is to be restricted may offer evidence as to why the restrictor should not be installed or

under what conditions it might be installed.

(4)  Utilities personnel shall also be allowed to offer whatever evidence they may have as to why the restrictor should be allowed and under

what conditions. The city manager or his designees shall make a determination as to whether the restrictor shall or shall not be installed and what conditions, if any, should pertain.

(5) Upon a determination to install a restrictor after hearing, or the failure of the affected party to request a hearing, the director of utilities, under whatever conditions, if any, he may deem advisable under the circumstances, may install a flow restrictor on the service connection of the customer or purchaser of water whose service connection was used in the violations observed or established and bill the costs of such installation to said customer or purchaser in accordance with the following conditions:

  (A) The first installation shall be for a period of three days;

  (B)  Subsequent installations shall be for a period to be determined by the director of utilities, in an amount sufficient to accomplish the

purposes of this chapter. Flow restrictors shall be installed in accordance with water utility rules and regulations.

(e) Records shall be kept by the department of utilities of the city of Palo Alto of all enforcement actions taken under subsection (d) of this section, and such records may be subject to disclosure as required by the California Public Records Act.

(Ord. 5385 § 2, 2016; Ord. 3884 § 2 (part), 1989)

• Editor's Note: Section 12.32.030, Maximum Monthly Water Use, previously codified herein and containing portions of Ordinance No. 4041, was suspended, but specifically not repealed, by Ordinance No. 4150, § 2. In pertinent part, said Section 2 of Ordinance No. 4150 states that Section 12.32.030 is "suspended until such time as water shortage emergency conditions shall be subsequently found, determined, and declared by the Council to exist."

Pursuant to the California Water Conservation in Landscaping Act, also known as the State Landscape Model Ordinance, Government Code §§ 65591, et seq. as amended, a city is required to adopt the State Landscape Model Ordinance or equivalent local landscape water efficiency requirements that are "at least as effective" as the state ordinance in conserving water. The council has adopted requirements that are at least as effective in reducing landscaping water use, also known as outdoor water use, as well as additional requirements for existing landscapes and indoor water use in Chapter 16.14 (California Green Building Code).

(Ord. 5108 § 2, 2010)