Paramount Municipal Code Art. 5 Water Conservation

A. The purpose of this article is to establish a water conservation and supply shortage program 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; and

B. This article establishes six stages 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 decreasing supplies and emergency conditions.

(Prior code § 46-9; Ord. 1158 § 2, 2022)

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

City.

Means the City of Paramount.

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.

Person.

Means any natural person or persons, corporation, public or private entity, governmental agency or institution or any other user of water provided by the City.

Potable water.

Means water which is suitable for drinking.

Recycled water.

Means the reclamation and reuse of non-potable water for beneficial use.

(Prior code § 46-10; Ord. 1158 § 2, 2022)

A. The provisions of this article apply to any person in the use of any potable water provided by the City.

B. The provisions of this article 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 article do not apply to the use of recycled water.

D. The provisions of this article do not apply to the use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale.

E. 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 the local jurisdiction or Regional Water Quality Control Board for information on any State based ordinances and stormwater management plans.

(Prior code § 46-11; Ord. 1158 § 2, 2022)

A. A Stage 1 Water Supply Shortage condition exists when the City determines, in its sole discretion that due to drought or other water supply conditions, a 10% consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration of a Stage 1 Water Supply Shortage condition, the City shall implement the mandatory Stage 1 conservation measures identified in this section.

B. Water Conservation Measures. The following water conservation requirements apply during a declared Stage 1 Water Supply Shortage:

1. Limits on Watering. Watering or irrigation of lawn, landscape or other vegetated area with potable water is limited to three designated days per week. During the months of November through March, watering or irrigation of lawn, landscape or other vegetated area with potable water is limited to no more than two designated days per week. This provision 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. This provision does not apply to use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off device, or for very short periods for the express purpose of adjusting or repairing an irrigation system. The days per week designated for use of irrigation shall be determined by the Director of Public Works and shall not be implemented until publicly noticed.

2. Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other malfunctions in the water user's plumbing, distribution, or irrigation system must be remedied within 72 hours of observation and/or notification by the City.

3. No Excessive Water Flow or Run-Off. Watering or irrigation of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or run-off onto an adjoining sidewalk, driveway, street, alley, gutter or ditch must be repaired within five days of observation and/or notification by the City.

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

5. Other Prohibited Uses. The City Council may implement other prohibited water uses as determined by the City after notice to customers.

(Prior code § 46-12; Ord. 1158 § 2, 2022)

A. A Stage 2 Water Supply Shortage condition exists when the City determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage exists and a 20% consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration of a Stage 2 Water Supply Shortage condition, the City shall implement the mandatory Stage 2 conservation measures identified in this section.

B. Additional Conservation Measures. In addition to the prohibited uses of water identified in Section 13.04.520, the following additional water conservation requirements apply during a declared Stage 2 Water Supply Shortage:

1. 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-circulating water is prohibited.

2. 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 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.

3. Drinking Water Served Upon Request Only. Restaurants are prohibited from providing drinking water to any person unless expressly requested by that person.

4. Use only recycled water for construction site dust control, consolidation of backfill.

5. Other Prohibited Uses. The City may implement other prohibited water uses as determined by the City Council, after notice to customers.

(Prior code § 46-13; Ord. 1158 § 2, 2022)

A. A Stage 3 Water Supply Shortage condition exists when the City Council declares, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a 30% consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions.

B. Additional Conservation Measures. In addition to the prohibited uses of water identified in Sections 13.04.520 and 13.04.530 the following water conservation requirements apply during a declared Stage 3 Water Supply Shortage:

1. Limits on Watering. Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to two days per week. During the months of November through March, watering or irrigation of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week. This restriction 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. This provision does not apply to use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off device, or for very short periods for the express purpose of adjusting or repairing an irrigation system.

2. Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other malfunctions in the water user's plumbing, distribution, or irrigation system must be remedied within 48 hours of observation and/or notification by the City.

3. No filling, cleaning and/or refilling of decorative fountains, ornamental lakes or ponds except to the extent needed to sustain aquatic life, provided that such animals have been actively managed within the water feature prior to declaration of this supply shortage stage.

4. Other Prohibited Uses. The City may implement other prohibited water uses as determined by the City Council, after notifying customers.

(Prior code § 46-14; Ord. 1158 § 2, 2022)

A. A Stage 4 Water Supply Shortage exists when the City Council declares, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a 40% consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions.

B. Additional Conservation Measures. In addition to the prohibited uses of water identified in Sections 13.04.520, 13.04.530 and 13.04.540 the following water conservation requirements apply during a declared Stage 4 Water Supply Shortage:

1. Residential Car Washing Prohibited. Use car washes available with water recycling systems.

2. The filling or topping off of any new or existing residential pools or outdoor spas is prohibited.

3. Planting of new turf grass is prohibited.

4. Outdoor evaporative mist coolers are prohibited.

5. Main line flushing is allowed for emergency purposes only.

6. Other Prohibited Uses. The City may implement other prohibited water uses as determined by the City Council, after notifying customers.

(Ord. 1158 § 2, 2022)

A. A Stage 5 Water Supply Shortage is referred to as a Water Shortage Emergency. A level 5 condition exists when the City Council declares, in its sole discretion, that due to drought or other water supply conditions, a water supply emergency exists and a 50% consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions.

B. Additional Conservation Measures. In addition to the prohibited uses of water identified in Sections 13.04.520, 13.04.530, 13.04.540 and 13.04.550 the following water conservation requirements apply during a declared Stage 5 Water Supply Shortage:

1. No Watering or Irrigating. Watering or irrigating of lawn, landscape or other vegetated area with potable water is restricted in accordance with allotments as set forth by the City during a Stage 5 Water Supply Shortage. This restriction does not apply to the use of recycled water or to the following categories of use:

a. Maintenance of existing landscape necessary for fire protection;

b. Maintenance of existing landscape for soil erosion control;

c. Maintenance of plant materials identified to be rare or essential to the well-being of protected species;

d. Maintenance of landscape within active public parks and playing fields, daycare centers, golf course greens, and school grounds, provided that such irrigation does not exceed two days per week;

e. Actively irrigated environmental mitigation projects.

2. Other Prohibited Uses. The City may implement other prohibited water uses as determined by the City Council, after notifying customers.

(Ord. 1158 § 2, 2022)

A. A Stage 6 Water Supply Shortage is referred to as a Water Shortage Emergency. A level 6 condition exists when the City Council declares, in its sole discretion, that due to drought or other water supply conditions, a water supply emergency exists and a 50% consumer demand reduction is necessary to maintain sufficient water supplies for public health and safety pursuant to Water Code Section 350 et seq.

B. Additional Conservation Measures. In addition to the prohibited uses of water identified in Sections 13.04.520, 13.04.530, 13.04.540, 13.04.550 and 13.04.560 the following water conservation requirements apply during a declared Stage 6 Water Supply Shortage:

1. Other Prohibited Uses. The City may implement other prohibited water uses as determined by the City Council, after notifying customers.

(Ord. 1158 § 2, 2022)

A. Determination and Notification of a Stage 1-4 Water Supply Shortage Condition.

1. The existence of a Stage 1-4 Water Supply Shortage condition will be declared by resolution of the Council adopted at a regular or special public meeting held in accordance with State law. The mandatory conservation measures applicable to Stage 1-4 Water Supply Shortage conditions, respectively, shall take effect on the tenth day after the date the shortage condition is declared. Within five days following the declaration of the shortage condition, the City shall publish a copy of the resolution once in a newspaper used for publication of official notices.

2. If the City Council establishes a water allocation, the City shall provide notice of the allocation by including it in the regular billing statement or by another 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 shall be effective on the fifth day following the date of mailing or at such later date as specified in the notice.

B. Determination and Notification of a Stage 5 or 6 Water Supply Shortage Condition ("Emergency" Condition).

1. The existence of a Stage 5 or 6 Water Supply Shortage condition may be declared in accordance with the requirements and procedures specified in California Water Code Section 350 et seq.

2. The mandatory conservation measures applicable to a Stage 5 or 6 Water Supply Shortage condition shall take effect immediately upon the City Council declaration of a "Water Shortage Emergency" pursuant to California Water Code Section 350 et seq. As soon as practicable following the Council's declaration of a "Water Shortage Emergency," the City shall publish a copy of the declaration once in a newspaper used for publication of official notices.

3. If the City Council establishes a water allocation, the City shall provide notice of the allocation by including it in the regular billing statement or by another 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 shall be effective on the fifth day following the date of mailing or at such later date as specified in the notice.

(Prior code § 46-15; Ord. 1158 § 2, 2022)

A. Undue and Disproportionate Hardship. If, due to unique circumstances, a specific requirement of this article would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate by 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:

1. Application. Application for a waiver shall be on a form prescribed by the City and shall be accompanied by a nonrefundable processing fee in an amount set by resolution of the Council.

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

3. Required Findings for Variance. An application for a waiver shall be denied unless the appropriate authority finds, based in the information provided in the applications, 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 or its agent, 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 article would have a disproportionate impact on the property or use that exceeds the impacts to similarly situated residences and businesses;

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 article 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 or general in nature.

4. Approval Authority. The Director of Public Works (or designee) shall exercise approval authority and act upon any completed application no later than 10 days after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver shall be promptly notified in writing of any action taken. Unless specified otherwise at the time a waiver is approved the waiver applies to the subject property during the term of the mandatory water supply shortage condition.

5. Appeals to the Council. An applicant can appeal a decision or condition to the City Manager on a waiver application to the City of Paramount within 10 days of the decision upon written request for a hearing. The request shall state the grounds for the appeal. At a public meeting, the City of Paramount shall act as the approval authority and review the appeal following the regular waiver procedure. The decision of the City of Paramount is final.

(Prior code § 46-16; Ord. 1158 § 2, 2022)

A. Misdemeanor. Any violation of City ordinances may be prosecuted as a misdemeanor punishable by imprisonment in the County Jail for not more than 30 days, or by a fine not exceeding $1,000.00, or by both.

B. Civil Penalties. Civil penalties for failure to comply with any provisions of the article shall be as follows:

Stage 1-2

Stage 3-6

C. Cost of Flow Restrictor and Disconnecting Service. A person or entity that violates this article is responsible for payment of the City charges for installing and/or removing any flow restricting device and for disconnecting and/or reconnecting service per the City's schedule of charges, then in effect as a charge for installing and/or removing any flow restricting device shall be paid to the City before the device is removed. Nonpayment shall be subject to the same schedules as nonpayment of basic water rates.

D. Separate Offenses. Once the City issues a violation for a particular offense, no further notice of violation will be issued for the same offense until such time as the penalty for the offense has been paid or the 10-day period to appeal has expired, whichever occurs first. If an appeal is timely filed after a violation is served, then no further notice of violation for the same offense will be issued until the appeal has been heard and a decision on that appeal rendered.

E. Notice of Hearing.

1. The City shall issue a notice of violation by mail or personal delivery at least 10 days before taking enforcement action and said notice shall describe the action to be taken. A customer may appeal the notice of violation by filing a written notice of appeal with the City no later than the close of business on the day before the date scheduled for enforcement action.

Any notice of violation not timely appealed shall be final. Upon receipt of a timely appeal, a hearing on the appeal shall be scheduled in a timely manner, and the City shall mail written notice of the hearing to the customer at least 10 days before the date of the said hearing.

2. Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the City may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared water stage condition.

(Prior code § 46-17; Ord. 1158 § 2, 2022)