San Jose Municipal Code § 15.10.330 Residential swimming pools and outdoor spas

A. The City Council may, by resolution, declare a state of water shortage whenever it finds that water supplies are expected to be inadequate to meet at least ninety percent (90%) of projected water demand, or whenever a minimum conservation level of ten percent (10%) or more has been established by the Santa Clara Valley Water District.

B. In adopting such a resolution, the City Council may declare whether the water shortage is a ten percent (10%) shortage; a twenty-five percent (25%) shortage; a thirty percent (30%) shortage; or a forty percent (40%) shortage. In the event that a water shortage resolution adopted by the City Council fails to declare the level of water shortage, the resolution shall be deemed to be a resolution of a ten percent (10%) water shortage.

C. In addition to the requirements of Part 2 of this Chapter, the provisions of this Part 3 shall apply to all uses of water for such period of time as a water shortage resolution adopted by the Council remains in effect.

D. In addition to the foregoing, the City Council may adopt a resolution implementing water conservation measures whenever it finds the actions are necessary and appropriate under the current or anticipated climate conditions regardless of the drought or water shortage level.

(Ords. 24600, 28597, 30765.)

After adoption by the city council of a resolution declaring a ten percent or greater water shortage, it shall be unlawful for any person to use or allow the use of potable water to irrigate any outdoor landscaping more than zero to four days per week, according to the schedule and with such exceptions, as may be set forth in the council resolution declaring such drought.

(Ords. 24600, 29555, 29556.)

Upon adoption by the City Council of a resolution declaring a twenty-five percent or greater water shortage, no person shall cause, permit or allow filling or re-filling ornamental lakes or ponds with potable water, except to the extent needed to sustain aquatic life that is of significant value and which has been actively managed within the water feature prior to declaration of a supply shortage level by the city council.

(Ords. 24600, 28597.)

Upon adoption by the City Council of a resolution declaring a twenty-five percent or greater water shortage, no person shall cause, permit or allow the use of water to wash or clean a vehicle, except at a commercial car washing facility that utilizes a re- circulating water system to capture or reuse water.

(Ords. 24600, 28597.)

Upon adoption by the city council of a resolution declaring a thirty percent or greater water shortage, no person shall cause, permit or allow initial filling or re-filling of more than one foot except for re-filling after repair for leaks, of residential swimming pools or outdoor spas with potable water, except for re-filling after repair for leaks.

(Ords. 24600, 28597, 29555, 29556.)

After adoption by the city council of a resolution declaring a twenty-five percent or greater water shortage, it shall be unlawful for any person to:

A. Use potable water, to clean sidewalks, driveways, patios, decks, tennis courts, parking lots or any other exterior paved or hard-surfaced areas, except by the use of a bucket or pursuant to a prior approved written exception from the director.

B. Use potable water, to clean the exterior of any building or structure, except as surface preparation for the application of any architectural coating, or in connection with waxing, except by the use of a bucket or pursuant to a prior approved written exception from the director. For purposes of this section, "structures" includes mobile homes and manufactured homes.

(Ords. 24600, 28597.)

After the adoption by the city council of a resolution declaring a twenty-five percent or greater water shortage, it shall be unlawful for any person to operate any decorative fountain with potable water unless such decorative fountain is recirculating, non- misting and fully lined.

(Ords. 24600, 28597.)

A. Upon adoption by the city council of a resolution declaring a forty percent or greater water shortage no owner or manager or other person responsible for the day-to-day operation of any premises shall fail to initiate repair of any leaking, broken or defective water pipes, faucets, plumbing fixtures, other water service appliances, sprinklers, watering or irrigation systems within forty eight hours after the owner, manager or other responsible person knew or should have known of such leaks, breaks or defects.

B. Upon adoption by the city council of a resolution declaring a forty percent or greater water shortage no owner or manager or other person responsible for the day-to-day operation of any premises shall fail to complete repair of any leaking, broken or defective water pipes, faucets, plumbing fixtures, other water service appliances, sprinklers, watering or irrigation systems, as soon as practical after initiation of such repair.

(Ord. 28597.)

After adoption by the city council of a resolution declaring a thirty percent or greater water shortage, it shall be unlawful for any person to install new outdoor landscaping, or plantings, during the months of May through October in an area with an overhead irrigation system unless the overhead irrigation system is disconnected, removed or converted to drip irrigation as defined in Section 15.11.340 of Part 2 of Chapter 15.11 of this Title 15, except for:

A. Installation of drought-tolerant or native plants, or plants or trees grown for consumption; or

B. Installation that has been commenced prior to the date of the council resolution declaring the thirty percent water shortage pursuant to a development permit or building permit for which a landscape documentation package has been submitted to the city; or

C. Installation on a project for which a development permit application has been filed prior to the date of the council resolution declaring the thirty percent water shortage, and which is located in an employment lands area, as designated in the City of San José Envision 2040 General Plan or subsequent equivalent document.

(Ords. 24600, 29555, 29556.)

After adoption by the city council of a resolution declaring a thirty percent or greater water shortage, it shall be unlawful for any person, except a water company for the purpose of necessary hydrant or water distribution system maintenance, or under the direction of the city's fire chief for firefighting or fire sprinkler maintenance, to use or allow the use of any water or flushing of any water from any fire hydrant.

(Ord. 24600.)

Editor's note— Ord. 29555, § 4, adopted April 21, 2015, repealed § 15.10.370, which pertained to prohibition on landscape irrigation and derived from Ords. 24600, 28597. Section 15.10.370 was also subsequently repealed by Ord. 29556, § 4, adopted May 5, 2015.

After adoption by the city council of a resolution declaring a forty percent or greater water shortage, it shall be unlawful for any person to fill any swimming pool, fountain or spa.

(Ord. 24600.)

A. Any person seeking an exception to the use of potable water under any provision of this chapter shall file a written request for exception on a form provided by the city, documenting the reasons why there is no other alternative to the use of potable water for the specified purpose, and why no other source of water, such as reclaimed water or water from dewatering operations, can be used.

B. Any request for exception filed under this section shall be accompanied by an exception review fee. The amount of the exception review fee shall be as set forth in the schedule of fees established by resolution of the city council.

C. No request for an exception shall be accepted for review until the fee has been paid.

D. Requests for exceptions shall be filed with the director of environmental services, except that requests under Section 15.10.260 shall be filed with the director of public works.

E. No exception shall be granted unless the director of the department with which it is required to be filed determines that there is no other alternative to potable water reasonably available for the specified purpose, and that no other source of water, such as reclaimed water or water from dewatering operations, can reasonably be used.

F. The directors of environmental services and public works are authorized to promulgate joint guidelines for determining when other alternative sources of water will be considered reasonably available.

(Ord. 24600.)

Whenever the director provides placards or decals to businesses for use in compliance with this chapter, the director shall first collect from such businesses a fee as set forth in the schedule of fees adopted by resolution of the city council.

(Ord. 24600.)