Salinas Municipal Code Art. I Water Waste Prohibited

This article prohibits water waste within the city for all uses of water in response to the current drought situation which has resulted in overdrafting of the groundwater basin and seawater intrusion.

(Ord. No. 2123 (NCS), § 2.)

For the purposes of this chapter, the following words are defined as follows:

(a) "Automatic shutoff nozzle" shall mean a water release mechanism securely affixed to the end of a water hose that requires the person using the hose to apply and maintain pressure at the outlet end of the hose to activate and maintain the flow of water and which shuts off immediately when such pressure is released.

(b) "Construction" shall mean any project which requires the issuance of a permit to construct or remodel residential or commercial structures except for any of the following:

(1) Projects that do not require water outlets or fixtures; or

(2) Projects that do not include more than one hot water fixture unit for a residential use as defined by the private use category shown in Table 10-1 entitled Equivalent Fixture Units of the Uniform Plumbing Code; or

(3) Projects that do not include more than two hot water fixture units for a commercial use as defined by the public use category shown in Table 10-1 entitled Equivalent Fixture Units of the Uniform Plumbing Code.

(c) "Person" shall mean any individual person and any firm, partnership, corporation, business entity, district, agency, city, county, and any other entity or organization.

(d) "Potable water" shall mean water that meets all state and federal requirements for human consumption without threat to health or safety.

(e) "Water waste" shall mean the indiscriminate, unreasonable or excessive use of potable water.

(f) "Xeriscape" shall mean the use of drought-tolerant, low water use plants in landscaping. Drought-tolerant plants are those which can survive on little or no water other than available rainfall.

(Ord. No. 2123 (NCS), § 2.)

(a) General Regulations. These general regulations shall apply to all persons regardless of the specific nature of the activity involved, whether it is residential, commercial, industrial or otherwise.

(1) Repair of Leaking or Broken Water Systems. Owners, managers or other persons responsible for the day-to-day operation of any premises shall repair any leaking, broken or defective water pipes, faucets, plumbing fixtures, sprinklers, watering, irrigation or distribution systems, or any other water service appliances, which is discharging potable water, within twenty-four hours of notice of such leaks, breaks or defects to the owner, manager or other responsible person.

(2) Water Spillage. No person shall cause, permit, or suffer any potable water to spill into streets, curbs, or gutters or to use potable water in any manner which results in any puddling, pooling or runoff of potable water beyond the immediate area of use.

(3) Use of Automatic Shutoff Nozzle with Hose. No person shall use a hose for watering unless it is equipped with an automatic shutoff nozzle.

(4) Cleaning of Vehicles. Except as provided herein for commercial car washes, no person shall use any potable water to wash or clean any automobile, truck, boat, trailer, bus, recreational vehicle, camper or any other vehicle used for recreation or transportation unless the hose is equipped with an automatic shutoff nozzle or unless the water is contained in a bucket.

(5) Cleaning of Structures or Surfaces. No person shall use potable water to clean the exterior of any building or structure, or any sidewalk, driveway, roadway, patio, deck, tennis court, parking lot or any other exterior paved or hard-surfaced area, provided, however, that the use of potable water for paint preparation and maintenance is permitted if an automatic shutoff nozzle is used.

(6) Swimming Pools, Spas and Hot Tubs. No person shall empty and refill a swimming pool, spa or hot tub except to prevent or repair structural damage and/or to comply with public health regulations. All pools, spas, and hot tubs filled by potable water shall be covered when not in use.

(7) Fountains. No person shall use water to operate or maintain levels in decorative fountains, unless such water is part of a cycling system.

(8) Indiscriminate Use. No person shall cause, suffer or permit the indiscriminate running of water not otherwise prohibited above which is wasteful and without reasonable purpose.

(9) Retrofitting of water outlets.

(A) No later than January 1, 1992, every water closet shall be a low water flush system using no more than 1.5 gallons of water per flush; provided, however, that a water closet can be retrofitted with a device that reduces the amount of water used per flush by at least 1.0 gallon per flush. A dual flush conversion kit that converts the water closet so that an economy flush or a full flush can be elected by the user shall be treated as meeting the requirements of this section provided that such kit must reduce average consumption for the converted water closet to use an average of not more than 2.5 gallons of water per flush, assuming for the purposes of calculation of average consumption that five out of every six flushes are economy flushes. No later than January 1, 1992, every showerhead shall emit no more than 2.5 gallons of water per minute.

(B) Change of Ownership.

(i) All existing structures within the city shall, at the time of change of ownership, be retrofitted, if not already so, with ultra low-flow water closets with a maximum tank size or flush capacity of 1.5 gallons, and shower heads with a maximum flow capacity of 2.5 gallons per minute.

(ii) Previously installed water closets with fixtures using a maximum of 3.5 gallons per flush shall be exempted from the provisions of this section and are not required to be removed for any change of ownership or use which occurs on or before December 31, 1997, provided those water closets are fitted with a water closet water-use reduction device capable of reducing flow by at least 1.0 gallon per flush. A dual flush conversion kit that converts the water closet so that an economy flush or a full flush can be elected by the user shall be treated as meeting the requirements of this section provided that such kit must reduce average consumption for the converted water closet to use an average of not more than 2.5 gallons of water per flush, assuming for the purposes of calculation of average consumption that five out of every six flushes are economy flushes. Said exemption shall be verified by submittal of a written declaration signed by the person responsible for compliance with the retrofitting requirements of this section, showing the pertinent details concerning the exemption, to the building official.

(10) Landscape Irrigation. No person shall use potable water to water turf, lawns, gardens or ornamental landscaping except between the hours of 5:00 p.m. and 9:00 a.m.; provided, however, that all watering of turf, lawns, gardens or ornamental landscaping shall be by means of drip irrigation or use of a hose equipped with an automatic shutoff nozzle.

(b) Commercial Regulations.

(1) Hotels, Motels, Restaurants, Convention and other Visitor Accommodations. The owner or manager of every hotel, motel, restaurant, convention and other visitor-serving facility shall insure that such facility display, in places visible to the public, placards or decals approved or provided by the city promoting public awareness of the need for water conservation and advising the public that waste of water is prohibited. No potable water shall be served in restaurants except upon request.

(2) Commercial Car Washes. No owner or manager of a commercial car wash shall suffer or permit the washing of any vehicle or boat other than by use of mechanical automatic car wash facilities utilizing water recycling equipment, use of a hose equipped with an automatic shutoff nozzle, or use of bucket and hand washing.

(3) Construction. No potable water may be used for compaction or dust control in construction activities where there is reclaimed or other subpotable water reasonably available for such use.

(4) Government Agencies and School Districts. All public entities shall display in all restrooms a placard or decal, approved or provided by the city, promoting public awareness of the need for water conservation and advising the public that waste of water is prohibited. No later than January 1, 1992, faucets and water dispensing devices which are not on timers shall be replaced with a spring-loaded device.

When using potable water, fire departments shall engage in cooperative training exercises whenever possible.

(5) Utilities and Water Distribution Systems. Water supply and distribution companies with more than five service connections shall maintain in effect a distribution system leakage detection and repair program which has been approved by the city. Said program shall be reviewed annually by the city. All water supply and distribution companies shall distribute to its customers a notice or announcement approved or provided by the city, promoting public awareness of the need for water conservation and advising the public that waste of water is prohibited.

(6) Construction.

(A) Water Closets, Shower Heads and Hot Water Faucets. Installation of a water closet, a shower head or a hot water faucet shall meet the following requirements:

(i) Water Closet. A new or replacement water closet shall be a water conservation type with a maximum tank size or flush capacity of 1.5 gallons of water. Such a water closet is defined by American National Standards Institute Standard A112.19.2.

(ii) Shower Head. A new shower head shall have a maximum flow capacity of 2.5 gallons of water per minute.

(iii) Hot Water Faucet. A hot water recirculation system, approved by the building official, shall be installed whenever one or more new hot water faucets are installed in excess of ten feet between the faucet and the water heater serving such faucet. Hot water branch lines, ten feet or less in length, need not be recirculating if they are served by a recirculating supply pipe. The length of such branch lines shall be measured from the stop serving the faucet to the main recirculating pipe serving the branch line. Recirculating hot water systems shall be insulated as specified in applicable sections of the California Energy Commission's Energy Efficiency Standards:

Exception:

The following items need not be served by a water recirculation system:

a. Replacement hot water faucets;

b. Washing machines;

c. Dishwashers;

d. Other non-hot water wasting fixtures approved by the building official.

(7) Sale of Water Devices. Any seller or provider of water devices, including but not limited to pools, spas, fountains, hot tubs, and water outlet hardware, shall display a placard or decal approved or provided by the city, promoting public awareness of the need for water conservation and advising the public that waste of water is prohibited.

(8) Agricultural Dust Control. No potable water shall be used for dust control purposes in agricultural activities where there is a reasonably available source of reclaimed or other sub-potable water approved by the Monterey County Health Department and appropriate for such use.

(Ord. No. 2123 (NCS), § 2; Ord. No. 2139 (NCS), § 2; Ord. No. 2199 (NCS), § 1; Ord. No. 2276 (NCS), § 15.)

Each violation of this article is an infraction. Any violation which continues from one day to the next shall be deemed a separate violation for each day during which such violation occurs or continues to occur.

(Ord. No. 2123 (NCS), § 2.)

If any section, subsection, sentence, clause, phrase or portion of this article is for any reason held void, invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and an independent provision, and such decision shall not affect the validity of the remaining portions thereof.

(Ord. No. 2123 (NCS), § 2.)