Red Bluff Municipal Code § 24.18 Intent

(A) It is the intent of the city to encourage the conservation of the city's water supply for the greatest public benefit, to minimize the wasteful use of water, and to make provisions for emergency rationing of water when necessary.

(B) The provisions of this chapter shall apply to all persons, customers, and property served by the city, wherever situated, and for all types of water provided by the city. In situations where a property is serviced by both the city and a private well, no city water may be used for activities that are prohibited by any regulations set forth in this chapter.

(C) The prohibited uses of water are not applicable to water necessary for public health and safety.

(D) In the event any provision of this chapter conflicts or overlaps with any mandatory state regulation related to water conservation, the most stringent shall apply.

(Ord. 956, passed 1-4-2005; Am. Ord. 958, passed 3-1-2005; Am. Ord. 961, passed 8-16-2005; Am. Ord. 966, passed 2-7-2006; Am. Ord. 1037, passed 5-19-2015; Am. Ord. 1067, passed 7-5-2022)

Stage I is the normal operating stage for the water system and is always in effect. The Director of Public Works, with the concurrence of the City Manager, may declare a Stage II, Stage III, Stage IV, Stage V, or Stage VI water system operation for water conservation and rationing for a period not to exceed 15 calendar days. Any declared stage to be extended beyond 15 days must be approved by the City Council.

(Ord. 956, passed 1-4-2005; Am. Ord. 958, passed 3-1-2005; Am. Ord. 961, passed 8-16-2005; Am. Ord. 966, passed 2-7-2006; Am. Ord. 1037, passed 5-19-2015; Am. Ord. 1067, passed 7-5-2022)

(A) The City Council of the city is vested with the authority to invoke the various “stages” of action described in this chapter, which serves as the city’s water shortage contingency plan, based upon the recommendation of the Director of Public Works.

(B) The city has developed a six stage rationing plan to invoke during declared water shortages. The action stages trigger levels have been developed to implement the water shortage contingency plan. The rationing plan includes voluntary and mandatory rationing, depending on the causes, severity, and anticipated duration of the water supply shortage. Stages will be implemented when circumstances warrant as determined by the Director of Public Works, City Manager and the City Council, or as the state mandates water use restrictions.

(C) The Director of Public Works will recommend an appropriate action stage. All restrictions under each applicable action stage will be implemented immediately upon declaration of such stage. Lifting of an emergency action stage and resumption to the normal operating stage will be determined by the City Council, based upon the recommendation of the Director of Public Works and based on current conditions affecting the water supply. The rationing stages are described in detail below.

(1) Stage I - Conservation measures (up to 10% supply reduction).

(a) This is the normal operating stage for the water system. The following practices shall be prohibited:

• 1. Hosing off sidewalks, driveways, and other hardscapes;
• 2. Washing automobiles with hoses not equipped with a shut-off nozzle;
• 3. Using non-recirculated water in a fountain or other decorative water feature;
• 4. Watering lawns in a manner that causes runoff, or within 48 hours after measurable precipitation; and
• 5. Irrigating ornamental turf on public street medians.

(b) The city may initiate a water conservation program to provide public information on ways to reduce water use. Customers are encouraged to reduce water usage by taking the following voluntary water conservation measures:

• 1. Refrain from landscape watering except between the hours of 9:00 pm until 8:00 am.
• 2. Equip any hose with a shutoff nozzle.
• 3. Promptly repair all leaks in plumbing fixtures, water lines, and sprinkler systems.

(2) Stage II - Moderate water shortage (up to 20% supply reduction). Mandatory implementation of conservation measures. Conservation measures in Stage I become mandatory. Includes all Stage I measures, plus the following:

(a) Equip new commercial car washes with a water recycling system.

(b) All new construction must install low flow shower heads, low flush toilets, and faucet aerators.

(c) Construction projects and industrial use: Water service for construction projects and industrial use shall be addressed on a case-by-case basis.

(d) Customers will be notified via news media and other methods of this stage of water shortage emergency and implementation of mandatory conservation measures.

(3) Stage III - Serious water shortage (up to 30% supply reduction). Mandatory conservation. Includes all of the Stage II measures plus the following:

(a) Landscape watering by any means including automatic irrigation systems, hose-end sprinklers, drip irrigation, hand-held hose, or bucket is prohibited except on the following days between the hours of 9:00 p.m. until 8:00 a.m.

1. Customers whose street addresses end with an odd number may water only on Wednesday and Sunday and only within the permitted time period.

2. Customers whose addresses end with an even number may water only on Tuesday and Saturday and only within the permitted time period.

(b) Operation of ornamental fountains, waterfalls, ponds or lakes is prohibited without a water recycling system. An ornamental or decorative water feature is defined as a design element where artificially supplied open water performs solely an aesthetic function. Ornamental water features do not include recreational water features, such as swimming pools, spas, and water parks.

(c) Operators of restaurants must provide on each table a notice of water emergency and refrain from serving drinking water except upon specific request of a customer.

(d) Operators of hotels and motels must provide in each room a notice of water emergency and the option to choosing not to have towels and linens laundered daily.

(e) Public facilities: Water service to parks, cemeteries and other public facilities shall comply with the restrictions set forth in this section.

(f) Customers will be notified via news media and other methods of this stage of water shortage emergency and implementation of mandatory conservation measures.

(4) Stage IV - Severe water shortage (up to 40% supply reduction). Mandatory reduction. Includes all Stage III measures plus the following:

(a) City staff will make every attempt to keep the industrial users informed of the status of a water emergency prior to the declaration of a Stage IV water emergency so they can prepare for a possible shutdown of production.

(b) The following potable water uses will be prohibited for all water users:

1. Landscape irrigation or watering of lawns or gardens.

2. Washing of cars, boats, trailers or other vehicles other than at commercial facilities with water recycling.

• 3. Washing down of driveways, sidewalks, buildings, windows, or any outdoor surface.
• 4. Filling of swimming pools, spas, or hot tubs.
• 5. Serving of drinking water at restaurants unless requested.
• 6. Filling or operating ornamental fountains, waterfalls, ponds, or lakes.
• 7. Sewer system maintenance, fire protection training, or flushing of hydrants.
• 8. Street cleaning.
• 9. Use of hydrant meters for construction purposes.

(c) Customers will be notified via news media and other methods of this stage of water shortage emergency. Industrial users will be notified specifically via telephone and will be asked to voluntarily shutdown production during a Stage IV water emergency.

(5) Stage V - Critical water shortage (up to 50% supply reduction). Mandatory reduction. Includes all Stage IV measures plus the following:

(a) No new residential development shall be permitted unless the developer has submitted a complete building permit application to the city prior to the Stage V declaration. Building permit applications may proceed with a deferral of landscape installation until the water shortage level has been lifted.

(b) No new landscape shall be installed. Exceptions are replacing landscaping with drought tolerant landscape material.

(c) Customers will be notified via news media and other methods of this stage of water shortage emergency and water use restrictions.

(5) Stage VI - Disaster shortage/rationing (greater than 50% supply reduction). Major catastrophe, including flooding, major fire emergencies, earthquakes, regional power outages, and emergencies other than water shortage, resulting in major water contamination of the city water system necessitating rationing. Priorities for all water use will be for human consumption, sanitation, and fire protection.

(a) All water users will be limited to amounts required for human consumption, sanitation, and fire protection. No water will be available for nonessential use or for commercial or industrial processes. Exceptions are livestock and food production.

(b) Customers will be notified via news media and other methods of this stage of water shortage emergency and water use restrictions.

(Ord. 956, passed 1-4-2005; Am. Ord. 958, passed 3-1-2005; Am. Ord. 961, passed 8-16-2005; Am. Ord. 966, passed 2-7-2006; Am. Ord. 1037, passed 5-19-2015; Am. Ord. 1067, passed 7-5-2022)

Any customer violating the water conservation and rationing provisions regulations set forth in this chapter, shall receive a written warning for the first violation. Upon a second violation, the customer shall receive a second written warning and the city may, at its discretion, install a flow-restricting device on the customer’s water service. All costs to install and remove the flow-restricting device shall be paid by the violating customer. Any willful violation after issuance of the second written warning shall constitute a misdemeanor and the city may, at its discretion, disconnect the water service.

(Ord. 956, passed 1-4-2005; Am. Ord. 958, passed 3-1-2005; Am. Ord. 961, passed 8-16-2005; Am. Ord. 966, passed 2-7-2006; Am. Ord. 1037, passed 5-19-2015)

In addition to those provisions set forth in § 24.18-3, any violator receiving a second written notice will be assessed a water service penalty for any “excessive use of water” which is defined as water use that exceeds the average water use for the account for the prior 12 months. The penalty for the “excessive use of water” shall be double the account billing rate.

(Ord. 956, passed 1-4-2005; Am. Ord. 958, passed 3-1-2005; Am. Ord. 961, passed 8-16-2005; Am. Ord. 966, passed 2-7-2006; Am. Ord. 1037, passed 5-19-2015)

For violations resulting in third written notices and continued excessive use of water, the city may, at its discretion, disconnect water service and not reinstate service until a specific water conservation plan has been developed with the violating customer.

(Ord. 956, passed 1-4-2005; Am. Ord. 958, passed 3-1-2005; Am. Ord. 961, passed 8-16-2005; Am. Ord. 966, passed 2-7-2006; Am. Ord. 1037, passed 5-19-2015)

Any decision or declaration made by the Director of Public Works under this section may be appealed to the City Manager. Any decision made by the City Manager under this section may be appealed to the City Council. Any appeal shall be made in writing, setting forth the nature of the disagreement with the decision or declaration made, the reasons to support the disagreement, and the relief sought. Any determination by the City Council shall be final.

(Ord. 956, passed 1-4-2005; Am. Ord. 958, passed 3-1-2005; Am. Ord. 961, passed 8-16-2005; Am. Ord. 966, passed 2-7-2006; Am. Ord. 1037, passed 5-19-2015)

The remedies available to the city to enforce §§ 24.18 et seq. are in addition to any other remedies available under the city’s municipal code or any state statutes or regulations and do not replace or supplant any other remedy but are cumulative.

(Ord. 956, passed 1-4-2005; Am. Ord. 958, passed 3-1-2005; Am. Ord. 961, passed 8-16-2005; Am. Ord. 966, passed 2-7-2006; Am. Ord. 1037, passed 5-19-2015)