Selma Municipal Code Ch. 9 Water Conservation

It is the purpose of this Chapter to minimize outdoor water use, control unnecessary water consumption and to conserve water in landscaping to preserve the available potable water supply of the City. (Ord. 92-10, 1-19-93)

This Chapter shall be known as the WATER CONSERVATION ORDINANCE OF THE CITY OF SELMA. (Ord. 91-1, 3-4-91)

The City Manager, or his designee, is hereby authorized and directed to implement the applicable provisions of this Chapter upon their determination that such implementation is necessary to protect the public welfare and safety. (Ord. 91-1, 3-4-91)

The provisions of this Chapter shall apply to all persons, customers and property within the limits of the City. (Ord. 91-1, 3-4-91)

The following uses of water are defined as a "waste of water" and are hereby prohibited except as otherwise authorized:

(A) The use of water which allows substantial amounts of water to run off to a gutter, ditch, or drain. Every water user is deemed to have his water distribution lines and facilities under his control at all times and to know the manner and extent of his water use and excess runoff.

(B) The excessive use, loss, or escape of water through breaks, leaks or malfunctions in the water user's plumbing or distribution facilities for any period of time after such escape of water should reasonably have been discovered and corrected. It shall be presumed that a period of forty eight (48) hours after discovery is a reasonable time within which to correct such a leak or break.

(C) The washing of vehicles, building exteriors, sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas without the use of a positive shut-off nozzle on the hose, which results in excessive runoff, except where necessary to dispose of liquids or substances that would endanger the public's health and safety. (Ord. 930, 5-7-90)

(D) The watering of lawns, groundcover and shrubbery shall not be allowed between certain hours and certain dates to be determined by the City Council. (Ord. 91-1, 3-4-91)

No one within the City shall knowingly make, cause, use or permit the use of water for residential, commercial, industrial, governmental, or any other purpose in a manner contrary to any provision of this Chapter, or in an amount in excess of that use permitted by the conservation stage in effect pursuant to action taken by the City Manager, or his designee, in accordance with the provisions of this Chapter. The Director of the Public Works Department shall promulgate guidelines which shall set forth the criteria for determining when a particular conservation stage is to be implemented and terminated. Such guidelines shall be updated when, in the opinion of the Director, the conditions of the utility system have changed so as to necessitate such update. The Director shall include in such guidelines a scheduling system designating allowed days for irrigation by customers. Said guidelines shall be available for inspection at the City Clerk's office, and the Public Works Department City Hall offices during normal business hours.

(A) Stage 1. Voluntary Conservation: Water users in the City are requested to voluntarily limit the amount of water used at all times to that amount absolutely necessary for health, business and irrigation.

(B) Stage 2. Voluntary Compliance - Water Alert: Upon implementation by the City Manager, and publication of notice, the following restrictions shall apply to all persons. All elements of Stage 1 shall remain in effect in Stage 2 except that: (Ord. 930, 5-7-90)

1. Irrigation utilizing individual sprinklers or sprinkler systems of lawns, gardens, landscaped areas, trees, shrubs, or other plants is permitted only on days and times as designated by resolution of the City Council. Irrigation of lawns, gardens, landscaped areas, trees, shrubs, or other plants is permitted anytime if:

(a) A hand-held hose with a positive shut-off nozzle is used;

(b) A hand-held, faucet-filled bucket of five (5) gallons or less is used; or

(c) A drip irrigation system is used.

EXCEPTION: Commercial nurseries, commercial sod farmers, and similar establishments are exempt from State 2 irrigation restrictions, but will be requested to curtail all nonessential water use. (Ord. 92-10, 1-19-93)

2. The washing of automobiles, trucks, trailers, boats, airplanes and other types of mobile equipment is permitted only on designated irrigation days between the hours of seven o'clock (7:00) P.M. and ten o'clock (10:00) A.M. Such washing, when allowed, shall be done with a hand-held bucket, or a hand-held hose, equipped with a positive shut-off nozzle for quick rinses.

EXCEPTION: Washing may be done at any time on the immediate premises of a commercial car wash or commercial service station. Further, such washing may be exempted from these regulations if the health, safety and welfare of the public is contingent upon frequent vehicle cleaning, such as garbage trucks and vehicles to transport food and perishables.

3. The refilling or adding of water to swimming pools, wading pools and/or spas is permitted only on designated irrigation days between the hours of seven o'clock (7:00) P.M. and ten o'clock (10:00) A.M.

4. The operation of any ornamental fountain or other structure making similar use of water is prohibited unless the fountain uses a recycling system, such as an electric pump.

5. The washing of sidewalks, driveways, parking areas, courts, patios, or other paved areas is absolutely prohibited.

6. All restaurants are requested to serve water to customers only when specifically requested by the customers.

(C) Stage 3. Mandatory Compliance - Water Warning: Upon implementation by the City Manager and publication of notice, the following restrictions shall apply to all persons. All elements of Stage 2 shall remain in effect in Stage 3 except that: (Ord. 930, 5-7-90)

1. All outdoor irrigation of lawns, gardens, landscaped areas, trees, shrubs, or other plants shall occur only on days and between times as designated by resolution of the City Council, and shall be done utilizing individual sprinklers, sprinkler systems, drip systems, or hand-held faucet filled buckets of five (5) gallons or less, with no exceptions. (Ord. 92-10, 1-19-93)

2. The use of water for irrigation of golf greens and tees is permitted only on designated irrigation days between the hours of eight o'clock (8:00) P.M. and ten o'clock (10:00) A.M. The irrigation of golf course fairways is absolutely prohibited.

(D) Stage 4. Mandatory Compliance - Water Emergency: Upon implementation by the City Manager and publication of notice, the following restrictions shall apply to all persons; all elements of Stage 3 shall remain in effect in Stage 4 except that:

1. All outdoor irrigation of vegetation shall be allowed only between the hours of eight o'clock (8:00) P.M. and twelve o'clock (12:00) midnight on designated days.

2. The washing of automobiles, trucks, trailers, boats, airplanes and other types of mobile equipment not occurring upon the immediate premises of commercial car washes and commercial service stations and not in the immediate interest of the public health, safety and welfare shall be prohibited.

3. The washing of automobiles, trucks, trailers, boats, airplanes and other types of mobile equipment upon the immediate premises of commercial car washes and commercial service stations, not in the immediate interest of the public health, safety and welfare shall occur only between the hours of twelve o'clock (12:00) noon and six o'clock (6:00) P.M.

4. The watering of golf course tee areas is prohibited.

5. Use of water from fire hydrants shall be limited to firefighting and/or other activities immediately necessary to maintaining the health, safety, and welfare of the citizens of Selma.

6. Commercial nurseries, commercial sod farmers, and similar establishments shall water only on designated days between the hours of ten o'clock (10:00) A.M. and six o'clock (6:00) P.M. and shall use only hand-held hoses, drip irrigation systems, or hand-held buckets.

7. The filling, refilling, or adding of water to swimming pools, wading pools and/or spas is prohibited.

8. The operation of any ornamental fountain or similar structure is prohibited. (Ord. 930, 5-7-90)

The City Public Works Department and California Water Service Company shall monitor the projected supply and demand for water within the City and shall recommend to the City Manager the extent of the conservation required through the implementation and/or termination of particular conservation stages in order to assure the water supply of the City. Thereafter, the City Manager, as directed by Administrative policies, may order that the appropriate phase of water conservation be implemented or terminated in accordance with the applicable provisions of this Chapter. Said order shall be made by public announcement and shall be published a minimum of one time in a newspaper of general circulation and shall continue to be published on a weekly basis as a poster ad until such time as all restrictions are removed and shall become effective immediately upon such publication. The City Council will approve the conservation state at a regularly scheduled meeting within fourteen (14) days following implementation by the City Manager. (Ord. 930, 5-7-90)

(A) Irrigation System Design Criteria: All commercial and industrial projects requiring landscaping and developer provided landscape for single- and multi-family residential projects completed after adoption of this Section, shall comply with the following design criteria for irrigation. All upgraded or refurbished projects are encouraged to follow these criteria.

1. All irrigation systems shall be designed by a licensed landscape architect, licensed landscape contractor or other appropriate licensed professional. The person preparing the plans shall certify that all requirements of this Section are complied with.

2. All irrigation systems shall be on an automatic timer. No battery operated timers shall be permitted.

3. All irrigation systems shall be designed to minimize the amount of over spray between sprinklers and onto any adjacent nonlandscape areas.

4. No spray irrigation shall be allowed in any landscape area which is less than eight feet (8') in width.

5. Unless within a turf or similar area, all trees and shrubs shall be irrigated by drip or similar low flow devices which do not exceed a flow of sixteen (16) gallons per hour.

6. All irrigation systems shall be designed to account for project specific terrain, soil types, prevalent wind conditions, temperatures, and other environmental factors to provide the most water efficient irrigation design.

7. The irrigation system design criteria shall not apply to public or private golf courses, parks, cemeteries, and City maintained parking lots and medians, although these uses are encouraged to comply with water conserving irrigation practices.

(B) Landscape Design Criteria: All commercial and industrial projects requiring landscaping and developer provided landscape for single- and multi-family residential projects, completed after adoption of this Section, shall comply with the following design criteria for landscaping. All upgraded or refurbished projects are encouraged to follow the criteria.

1. All landscaping plans shall be prepared by a licensed landscape architect, licensed landscape contractor or other appropriate licensed professional. The person preparing the plans shall certify that all requirements of this Section are complied with.

2. A maximum of twenty five percent (25%) of the landscape area of a lot may be turf. The amount of turf area may be increased by five percent (5%) for each of the following water conservation measures incorporated into the landscaping:

(a) Micro irrigation for trees and shrubs is used (watering heads which do not exceed sixteen (16) gallons per hour).

(b) Rain gauges are used for automatic shut-off during periods of rain.

(c) Soil moisture sensors are used to activate and deactivate irrigation systems.

(d) Use of a drought tolerant turf.

3. No turf shall be permitted in any landscape area less than eight feet (8') in width.

4. All plant materials shall be well-suited to the local climate and require low to moderate water usage. Plants having similar water usage shall be grouped together in distinct hydrozones. It is recommended that all plant materials be from the City's recommended plant list.

5. All nonturf areas shall be prepared with three inches (3") of mulch prior to any planting.

6. The landscape plans shall include a regular maintenance schedule, which shall include but not be limited to the following:

(a) Inspecting, adjusting and repairing damage to irrigation systems and landscaping.

(b) Resetting automatic controllers to compensate for seasonal changes.

(c) Fertilizing, weeding, pruning and other routine maintenance. Aerating and dethatching turf areas.

7. The landscape design criteria shall not apply to public or private golf courses, parks, cemeteries, and City maintained parking lots and medians, although these uses are encouraged to comply with this subsection B.

8. The City staff shall develop and have available to the public, landscape guidelines which outline various water conservation techniques and recommended plant materials within six (6) months of the adoption of this Section. (Ord. 92-10, 1-19-93)

It is one of the objectives of the City Council of the City that the citizens of Selma be encouraged to voluntarily comply with the provisions of Sections 8-9-5 and 8-9-6 of this Chapter. Therefore, in furtherance of said objective, the enforcement of this Chapter will permit issuance of up to three (3) warnings of violation of Sections 8-9-5 and 8-9-6, by way of written notices of violation to the violating water user, before the issuance of a citation for said violations.

Not withstanding the foregoing, any person violating any provision of Sections 8-9-5 and 8-9-6 shall be deemed guilty of an infraction and upon conviction thereof shall be punishable by a fine not to exceed five hundred dollars ($500.00). Each day that a violation continues shall be regarded as a new and separate offense.

Section 8-9-8 of this Chapter shall be enforced by the Planning Department during the development review process. The Planning Department shall review and approve landscape and irrigation plans as per other sections of the Municipal Code. (Ord. 92-10, 1-19-93)

In addition to any other remedies which may otherwise be available to the City, the City Council of the City hereby makes the following findings and declarations:

(A) The waste of water, as that term is defined herein, on public or private property within the City is hereby found to contribute to and compound drought conditions which may, from time to time, exist in the City to the detriment of one of our most precious and finite resources, to wit; water. Such conditions cause injury to the health, safety and general welfare of the citizens of Selma. Therefore, the waste of water within the City on private or public property, except as expressly permitted hereinabove, is hereby declared to constitute a public nuisance which may be abated in an action brought on behalf of the people of the State of California, by the City Attorney, in any court of competent jurisdiction. (Ord. 930, 5-7-90)

(A) Compliance: All peace officers and persons authorized by law to issue citations within the City shall, in conjunction with duties imposed by the law, diligently enforce the provisions of this Chapter.

(B) Authority: Pursuant to the provisions of section 835.5 of the Penal Code, the following officers and employees of the City are hereby designated as enforcement officers and authorized to issue citations for enforcement of this Chapter:

Director of Public Works

Public Works Supervisor

Building Official

Police officers

Fire captains

(C) Notice: Employees of the California Water Service Company are authorized by this Chapter to issue written notices of violations of Section 8-9-5 and 8-9-6, but are not authorized by law to issue citations for said violations.

(D) Exceptions: Consideration of written applications for exceptions to Sections 8-9-5 and 8-9-6 of this Chapter, regarding regulations and restrictions on water use not otherwise set forth in previous sections of this Chapter shall be as follows:

1. Written application for exception to Section 8-9-5 and 8-9-6 of this Chapter shall be submitted to the City Manager. The City Manager may grant an exception if the following conditions exist:

(a) Strict application of those sections would cause an unnecessary and undue hardship to the applicant, including, but not limited to, adverse economic impact; or

(b) Strict application of those sections would cause a condition adversely affecting the health, sanitation, fire protection or safety of the applicant or the public; or

(c) Granting the application is not detrimental to the "general welfare". (Ord. 92-10, 1-19-93)