San Fernando Municipal Code Div. 4 Water Conservation

Footnotes:

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Editor's note— Ord. No. 1638, § 1, adopted Oct. 20, 2014, repealed former Div. 4, §§ 94-296—94-303, in its entirety and enacted new provisions numbered as §§ 94-295—94-306. In order to avoid conflicts in section numbering the editor has renumbered the provisions added by Ord. No. 1638 as herein set out. Former Div. 4 pertained to water wastage and derived from the Code of 1957, §§ 28.9—28.15.

Upon declaration by the city council that a water shortage emergency exists, this plan shall be implemented to provide a vehicle to protect the public peace, health and safety by significantly and equitably reducing the consumption of potable water over an extended period. The plan shall remain in effect until the city council declares the water shortage emergency has ended.

(Ord. No. 1638, § 1, 10-20-2014)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Person means any individual, firm, partnership, association, company or organization of any kind.

Water means water supplied by the city.

(Ord. No. 1638, § 1, 10-20-2014)

Cross reference— Definitions generally, § 1-2.

This division shall apply to all persons using water in this city, regardless of whether any person using water shall have a contract for water service.

(Ord. No. 1638, § 1, 10-20-2014)

All carwashes shall be constructed with a wastewater reclamation system approved by the public works director. No carwash shall be exempted pursuant to section 94-289 from the requirements of this section.

(Ord. No. 1638, § 1, 10-20-2014)

(a) A phase I shortage shall be declared when the city determines that a shortage of up to ten percent will occur in water supplies.

(b) All elements of section 94-288 (Prohibitions) shall apply in phase I on a voluntary basis only.

(Ord. No. 1638, § 1, 10-20-2014)

(a) A phase II shortage shall be declared when the city determines that a shortage of up to 20 percent will occur in water supplies.

(b) All elements of section 94-288 (Prohibitions) shall apply in phase II on a mandatory basis.

(Ord. No. 1638, § 1, 10-20-2014)

(a) A phase III shortage shall be declared when the city determines that a shortage above 20 percent will occur in water supplies.

(b) All elements of section 94-288 (Prohibitions) shall apply in phase III on a mandatory basis except that:

(1) Restrictions on watering lawns, landscaped or other turf areas shall be modified to prohibit watering more often than every third day in a schedule to be set by the public works director, with watering only during the hours of 5:00 p.m. and 10:00 a.m.;

(2) Commercial nurseries and other water-dependent industries shall be prohibited from watering lawn, landscaped and other turf areas more often than every third day on a schedule to be determined by the public works director, and shall water only during the hours between 5:00 p.m. and 10:00 a.m.

(3) Water used on a one-time basis for purposes such as construction and dust control, shall be limited to that quantity identified in a plan submitted by the user which describes water use requirements. The plan shall be submitted to the city for approval. Water sources other than potable water shall be utilized where available;

(4) The use of water from fire hydrants shall be limited to fire fighting and related activities and other uses of water for municipal purposes shall be limited to activities necessary to maintain the public health, safety and welfare.

(Ord. No. 1638, § 1, 10-20-2014)

(a) Gutter flooding. No person shall cause or permit any water furnished to any property within the city to run or to escape from any hose, pipe, valve, faucet, sprinkler or irrigation device into any gutter or otherwise to escape from the property if such running or escaping can reasonably be prevented.

(b) Washing hard-surfaced areas. No person shall use any water furnished to any property within the city to wash sidewalks, walks, driveways and parking lots by hosing.

(c) Irrigation. No person shall water or irrigate any shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens, vegetables, flowers or other vegetation between the hours of 10:00 a.m. and 5:00 p.m. No water users shall cause or allow the water to run off landscaped areas into adjoining streets, sidewalks or other paved areas due to incorrectly directed or maintained sprinklers or excessive watering.

(d) Ornamental facilities. No person shall refill any fountain, pool or other facility containing water solely for ornamental purposes emptied during the effectiveness of this division.

(e) Leaks. No person shall permit leaks of water which he has the authority to eliminate.

(f) Restaurants. Restaurants shall only serve water to customers upon request.

(g) Washing vehicles. Washing of motor vehicles, trailers, boats and other types of equipment shall be done only with a hand-held bucket or a hose equipped with a positive shutoff nozzle for quick rinses, except that washing may be done with reclaimed wastewater, or by a commercial car wash using recycled water.

(h) All lawns, landscaped or other turf area shall be watered not more often than every other day and with watering only during the hours between 5:00 p.m. and 10:00 a.m., with even-numbered addresses watering on even-numbered days of the month and odd-numbered addresses watering on odd-numbered days of the month. This provision shall apply to residential, commercial, industrial and public agencies but shall not apply to commercial nurseries, golf courses and other water-dependent industries.

(i) Wasting generally. No person shall cause or permit water under his control to be wasted.

(Ord. No. 1638, § 1, 10-20-2014)

(a) Permit. A person may be exempted from application of this division to a certain type of use if the city's public works director issues a permit allowing such use and if such permit issuance is based on a finding that enforcement of the applicable restriction would either:

(1) Cause an unnecessary and undue hardship to the applicant or the public; or

(2) Cause or threaten an emergency condition affecting the health, sanitation, fire protection or safety of the applicant or the public.

(b) Conservation devices. The public works director may require the use of such water conservation devices or practices as he deems appropriate as a condition of the exemption permit. He shall promulgate a list of approved devices.

(Ord. No. 1638, § 1, 10-20-2014)

(a) The public works director, the fire chief, police chief, water superintendent, or designee have the duty and are authorized to enforce this division and shall have all the powers and authority contained in Penal Code § 836.5, including the power to issue written notice to appear.

(b) Each law enforcement officer shall, in connection with his duties imposed by law, diligently enforce this division.

(Ord. No. 1638, § 1, 10-20-2014)

(a) Notice of violation; procedure upon failure to correct. Prior to enforcement pursuant to section 94-290, any person who is suspected of violating this division shall be given a preliminary notice in writing of such violation, with the description of violation set forth in such preliminary notice. The person shall have 24 hours to correct the violation or terminate the use. If the violation is not corrected or the use terminated, the water division may forthwith either:

(1) Disconnect service;

(2) Install flow-restricting devices restricting water service; or

(3) Order issuance of a second preliminary notice.

Service disconnected or restricted pursuant to subsection (a)(1) or (2) of this section shall be restored only upon payment of the turn-on and other charges fixed by this article or the rules and regulations of the water division.

(b) Penalties. Any person who has received a preliminary notice of violation of a particular section of this division and against whom the water division has taken action pursuant to this section and who has not corrected or terminated the use or at a subsequent time violates the same section of this division, regardless of whether the type of use was previously specified in any preliminary notice of violation, shall be:

(1) Issued an administrative citation as described in the city's comprehensive fee schedule; or

(2) Guilty of a misdemeanor, punishable as provided in section 1-10. Each day any violation of this division is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

(Ord. No. 1638, § 1, 10-20-2014)

This division shall be inoperative to the extent any regulations and restrictions adopted pursuant to Water Code §§ 350—359 conflict.

(Ord. No. 1638, § 1, 10-20-2014)