Pismo Beach Municipal Code Ch. 13.24 Water Conservation

A. The purpose of this chapter is:

1. To protect the public health, safety, welfare, comfort and convenience by ensuring that the city water demand does not exceed the available supply of water;

2. To define the steps necessary to ensure sufficient water supply for human consumption, sanitation and fire protection under all foreseeable water supply conditions;

3. To establish resource management consistent with state law, the authority of the city to implement resource management regulations and restrictions with regard to the use of water;

4. To maximize the public benefit and prevent unnecessary hardship and economic impact during periods of water shortages by matching appropriate water shortage response strategies to various levels of shortage.

B. It is the intent of this chapter to recognize that there may be varying durations and intensities of water shortages, and to apply water use restrictions and management techniques commensurate with the water supply. (Ord. 90-10 § 2 (part), 1990: prior code § 13.06.010)

A. The city council shall from time to time adopt resolutions declaring the level of the city water supply condition, which in turn will dictate the water conservation measures in effect at any particular time within the city. The four levels of water supply conditions are:

• 1. Normal water supply condition;
• 2. Moderately restricted water supply condition;
• 3. Severely restricted water supply condition; and
• 4. Critical water supply condition.

B.Upon adoption of the required resolution, the restrictions and measures identified in this chapter shall take effect immediately. (Ord. 90-10 § 2 (part), 1990: prior code § 13.06.020)

Normal water supply conditions are typified by the following:

A. Use of water which causes runoff onto adjacent properties, non-irrigated areas, private and public walkways, roadways, gutters, parking lots, or structures is prohibited.

B. Outdoor water use for washing vehicles, boats, paved surfaces, buildings, and other similar uses shall be attended and have hand-controlled water devices, which shut off the water immediately when not in use.

C. No water shall be used for cleaning driveways, patios, parking lots, sidewalks, streets, or other such uses except as found necessary by the city to protect the public health or safety.

D. Outdoor irrigation

1. Outdoor irrigation is prohibited between the hours of ten a.m. and four p.m.

2. Applying water to outdoor landscapes during and within 48 hours after measurable rainfall is prohibited.

E. Restaurants shall serve drinking water only in response to a specific request by a customer.

F. Using water in a fountain or other decorative water feature, except where the water is part of a recirculating system, is prohibited.

(Ord. O-2017-003 § 2 (part), 2017; Ord. 90-10 § 2 (part), 1990: prior code § 13.06.030)

Moderately restricted water supply conditions are typified by the following:

A. Use of water which causes runoff onto adjacent properties, non-irrigated areas, private and public walkways, roadways, gutters, parking lots, or structures is prohibited.

B. Outdoor water use for washing vehicles, boats, paved surfaces, buildings, and other similar uses shall be attended and have hand-controlled water devices, which shut off the water immediately when not in use.

C. No water shall be used for cleaning driveways, patios, parking lots, sidewalks, streets, or other such uses except as found necessary by the city to protect the public health or safety.

D. Outdoor irrigation

1. Outdoor irrigation is prohibited between the hours of ten a.m. and four p.m.

2. Applying water to outdoor landscapes during and within 48 hours after measurable rainfall is prohibited.

3. Irrigation of private and public landscaping, turf areas, and gardens is permitted at even-numbered addresses only on Mondays and Thursdays, and at odd-numbered addresses only on Tuesdays and Fridays. All customers are directed to use no more water than necessary to maintain landscaping.

E. Restaurants shall serve drinking water only in response to a specific request by a customer.

F. Using water in a fountain or other decorative water feature, except where the water is part of a recirculating system, is prohibited.

G. Use of potable water for compaction or dust control purposes in construction activities is prohibited.

(Ord. O-2017-003 § 2 (part), 2017; Ord. 90-10 § 2 (part), 1990: prior code § 13.06.040)

Severely restricted water supply conditions are typified by the following:

A. Use of water which causes runoff onto adjacent properties, non-irrigated areas, private and public walkways, roadways, gutters, parking lots, or structures is prohibited.

B. Outdoor water use for washing vehicles, boats, paved surfaces, buildings, and other similar uses shall be attended and have hand-controlled water devices, which shut off the water immediately when not in use.

C. No water shall be used for cleaning driveways, patios, parking lots, sidewalks, streets, or other such uses except as found necessary by the city to protect the public health or safety.

D. Outdoor irrigation

1. Outdoor irrigation is prohibited between the hours of ten a.m. and four p.m.

2. Applying water to outdoor landscapes during and within 48 hours after measurable rainfall is prohibited.

3. Irrigation of private and public landscaping, turf areas and gardens is permitted at even-numbered addresses only on Mondays and Thursdays, and at odd-numbered addresses only on Tuesdays and Fridays. All customers are directed to use no more water than necessary to maintain landscaping.

E. Restaurants shall serve drinking water only in response to a specific request by a customer.

F. Using water in a fountain or other decorative water feature, except where the water is part of a recirculating system, is prohibited.

G. Use of potable water for compaction or dust control purposes in construction activities is prohibited.

H. Emptying and refilling swimming pools and commercial spas is prohibited except to prevent structural damage and/or to provide for the public health and safety.

(Ord. O-2017-003 § 2 (part), 2017; Ord. 90-10 § 2 (part), 1990: prior code § 13.06.050)

In addition to the conditions specified in Section 13.24.050, the city council may impose any water rationing requirement as it deems appropriate to protect public health, safety, welfare, comfort and convenience.

(Ord. O-2017-003 § 2 (part), 2017; Ord. 90-10 § 2 (part), 1990: prior code § 13.06.060)

A. Violation of any provision of this chapter may result in termination of water service until such violation is corrected, and until all appropriate fees and penalties are paid in full.

B. An administrative procedure shall be established by resolution of the city council from time to time for enforcement of this section. Such procedures shall include, without limitation, at least the following factors:

1. Provisions for notice to the alleged offender, including the furnishing of informational material and advice where appropriate;

2. Comprehensive guidelines for staff use in determining whether or not the offense justifies disconnection of the water service;

3. An opportunity for the alleged offender to be heard at the department head level or above before the water service is disconnected, except in cases of continuing deliberate water wasting;

4. Provisions for city recovery of all staff costs, including overhead, for any second or greater offense within any one-year period;

5. A schedule of additional civil administrative penalties for any third or greater offense within any one year period;

6. The right to appeal first to the public works commission, and then to the city council, subject to prior deposit of all fees and penalties then due and owing, plus the payment of appeal fees as established by the procedural resolution. (Ord. 90-10 § 2 (part), 1990: prior code § 13.06.070)

In addition to, and completely separate from, the civil enforcement provisions of the ordinance codified in this chapter, any person who knowingly and wilfully violates the provisions of this chapter shall be guilty of a criminal misdemeanor as provided in the general penalty provisions of this code. All previous attempts by the city to obtain compliance by the defendant may be introduced as evidence of the offender's knowledge and wilfulness. (Ord. 90-10 § 2 (part), 1990: prior code § 13.06.080)