Signal Hill Municipal Code Ch. 13.03 Water Conservation Program

A. It is the purpose of this new chapter to establish a water conservation and supply shortage program that will reduce water consumption within the city through conservation, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, and maximize the efficient use of water within the city to avoid and minimize the effect and hardship of a water shortage to the greatest extent possible.

B. This new chapter establishes permanent water conservation standards intended to alter behavior related to water use efficiency for non-shortage conditions and further establishes three levels of water supply shortage response actions to be implemented during times of declared water shortage or declared water shortage emergency, with increasing restrictions on water use in response to worsening drought or emergency conditions and decreasing supplies.

C. The city council may utilize information issued by the Metropolitan Water District, Central Basin Municipal Water District or other reliable information, dates, or indices indicating the existence of a local or regional water supply shortage in order to implement the appropriate level of water conservation measures identified in this chapter.

(Ord. 2015-09-1478 § 3 (part); Ord. 2009-04-1399 § 1 (part))

A. "Billing Unit" means the unit of water used to apply water rates for purposes of calculating water charges for a person's water usage and equals one hundred cubic feet or seven hundred forty-eight gallons of water.

B. "City" means the City of Signal Hill.

C. "Irrigation System" means a system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system.

D. "Large Landscape Areas" means an area equal to more than one acre of irrigable land.

E. "Person" means any natural person or persons, corporation, public or private entity, governmental agency or institution, or any other user of water provided by the city.

F. "Potable Water" means water which is suitable for drinking.

G. "Recycled Water" means the reclamation and re-use of non-potable water for beneficial use.

H. "Single Pass Cooling Systems" means equipment where water is circulated only once to cool equipment before being disposed.

I. "Vegetation" means plant life that produces either fruit or vegetables for the purpose of consumption.

(Ord. 2015-09-1478 § 3 (part); Ord. 2009-04-1399 § 1 (part))

A. The provisions of this chapter apply to any person using any potable water within the city or provided by the city.

B. The provisions of this chapter do not apply to uses of water necessary to protect public health and safety, or for essential government services, such as police, fire or other similar emergency services.

C. The provisions of this chapter do not apply to the use of recycled water, with the exception of limits on watering hours' provisions.

D. The provisions of this chapter do not apply to the use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale.

(Ord. 2015-09-1478 § 3 (part); Ord. 2009-04-1399 § 1 (part))

The following water conservation requirements are effective at all times and shall be permanent. Violations of this section shall be considered waste and an unreasonable use of water.

A. Automated Watering (Irrigation) System Operation.

1. Automated watering or irrigation of any lawn, landscape, or other vegetated area with potable water is prohibited between the hours of 9:00 a.m. and 4:00 p.m. Pacific Standard Time on any day. Automated landscape irrigation systems may nevertheless be operated during these hours for very short periods of time, such as ten minutes, for the express purpose of adjusting or repairing a landscape irrigation system.

2. Automated Watering Duration Limits.

a. High Flow Sprinkler Heads (Greater than two gallons per minute). All watering activities are required to avoid visible runoff or pooling on adjacent hard surfaces. Automated sprinkler heads with flow rates greater than two gallons per minute may be operated up to a maximum of ten minutes (per valve station) on each authorized day so long as no visible runoff or pooling occurs. If runoff or pooling is visible, the sprinkler station run time shall be further reduced to eliminate runoff and pooling. Watering is prohibited from 9:00 a.m. to 4:00 p.m. daily.

b. Low Flow Sprinkler/Rotator Heads (Less than two gallons per minute). All watering activities are required to avoid visible runoff and pooling on adjacent hard surfaces. Automated sprinkler heads with flow rate less than two gallons per minute may be operated up to a maximum of twenty minutes (per valve station) on each authorized day so long as no visible runoff or pooling occurs. If runoff is visible, the sprinkler station run time shall be further reduced to eliminate runoff and pooling. Watering is prohibited from 9:00 a.m. to 4:00 p.m. daily.

c. Drip Watering Systems (Less than two gallons per hour). Properly installed automated drip systems with flow rates less than two gallons per hour are exempt from day and duration limitations so long as no visible runoff or pooling is created. Watering is prohibited from 9:00 a.m. to 4:00 p.m. daily.

B. Handheld Watering of Lawn, Tree and Vegetable Gardens. All watering activities are required to avoid visible runoff on adjacent hard surfaces. Use of a handheld bucket or similar container, a hand-held hose equipped with a positive self-closing water shut off nozzle or device is exempt from day, time of day and duration limitations. Vegetable gardens may be watered by hand or with soaker hoses without day, time of day and duration limitations. Trees may be watered by hand, soaker hose under the drip-line of the tree canopy or with automatic tree bubblers without limitation.

C. Excessive Water Flow or Runoff or Pooling. Any watering; irrigating of any lawn, landscape or area with vegetation; or any other use of water in a manner that causes or results in excessive water flow, runoff or pooling onto an adjoining surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, streets, alleys, gutters, or ditches is prohibited.

D. Washing Down Hard or Paved Surfaces Prohibited. Washing of driveways, sidewalks, parking areas, patios, other outdoor impermeable surface areas, kitchens or objects, such as kitchen non-skid mats with a hose, is prohibited unless using a water-conserving pressurized cleaning device as defined herein. A water-conserving pressurized cleaning device is defined as a device that discharges water at a minimum of one thousand pounds per square inch or a device that has been rated at using less than three gallons of water per minute. A simple spray nozzle does not qualify as a water-conserving pressurized cleaning device.

E. Obligations to Fix Leaks, Breaks, or Malfunctions. Excessive use, loss, or escape of water through leaks, breaks, or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected and in no event more than seven days of receiving notice from the city is prohibited.

F. Re-circulating Water Required for Water Fountains and Decorative Water Features. Operating a water fountain or other decorative water feature that does not use re-circulated water is prohibited.

G. Limits on Washing Vehicles. Using water to wash or clean a vehicle, including but not limited to any automobile, motorcycle, truck, van, bus, recreational vehicle, boat or trailer, camping or cargo trailer, whether motorized or not is prohibited, except by use of a hand-held bucket or similar container, or a hand-held hose equipped with a positive self-closing water shut off nozzle or device. No excessive water flow or runoff as defined in Section 13.03.040 is permitted. This provision does not apply to any commercial car washing facility.

H. Drinking Water Served Upon Request Only. Eating or drinking establishments, including but not limited to a restaurant, hotel, cafe, bar, club, or other public place where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any person unless expressly requested.

I. Commercial Lodging Establishments Must Provide Option to Not Launder Linen Daily. Hotels, motels, and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments shall prominently display notice of this option in each bathroom using clear and easily understood language.

J. No Installation of Single Pass Cooling System. Installation of single pass cooling systems is prohibited in buildings requesting new water service.

K. No Installation of Non-re-circulating Commercial Car Wash and Laundry Systems. Installation of non-re-circulating water systems is prohibited in new commercial conveyor car wash and new commercial laundry systems.

L. Restaurants Required to Use Water Conserving Dish Wash Spray Valves. Food preparation establishments, such as restaurants or cafes, are prohibited from using non-water conserving dish wash spray valves.

M. Commercial Car Wash Systems. Effective on January 1, 2011, all commercial conveyor car wash systems must have installed and operational re-circulating water systems, or must have secured an extension of this requirement from the city.

N. Large Landscape Areas - Rain Sensors: Effective January 1, 2011, large landscape areas, such as parks, cemeteries, golf courses, school grounds, and playing fields, that use landscape irrigation systems to water or irrigate, must use landscape irrigation systems with rain sensors that automatically shut off such systems during periods of rain or irrigation timers which automatically use information such as evapotranspiration sensors to set an efficient water use schedule or must have secured an extension of this requirement from the city.

O. Reporting Mechanism - Hotline. The city will establish a water waste hotline for residents to report violations of this chapter. This hotline may be set-up and offered through a dedicated phone number and/or through submittal on the city's website.

P. All automated outdoor irrigation during and within forty-eight hours following measurable rainfall is prohibited.

Q. Exemptions to Permanent Restrictions:

1. Watering with a hand-held hose or a refillable watering vessel, such as a bucket or a tree irrigator, is allowed at any time on any day of the week.

2. Drip irrigation systems with emitters of less than three gallons per hour capacity are exempt from run time and day restrictions due to increased efficiency.

3. Soaker hoses or automatic tree bubblers may be used to water trees so long as watering is done under the drip-line of the tree canopy.

4. Watering a vegetable garden with a soaker hose is exempt from the watering limitations.

(Ord. 2015-09-1478 § 3 (part); Ord. 2009-04-1399 § 1 (part))

A. A level 1 water supply shortage exists when the city determines, in its sole discretion, that due to drought or other water supply reductions, a water supply shortage exists and a consumer demand reduction of ten percent is necessary to ensure sufficient supplies will be available to meet anticipated demands. Upon declaration by the city of a level 1 water supply shortage, the city will implement the mandatory level 1 conservation measures identified in this chapter.

B. The city may use the following criteria, as well as any other reliable information, date, or indices which would indicate the existence of a city or regional water shortage, to anticipate and implement the provisions within this chapter for a level 1 water supply shortage:

1. Reduction by the Metropolitan Water District of ten percent of imported water deliveries to its member agencies;

2. Reduction by the Central Basin Municipal Water District of ten percent of imported water deliveries to member agencies;

3. Over three years of drought, as defined by the National Weather Service, exists within the Los Angeles County Central Basin of the Colorado River Basin of the State of California.

C. Additional Water Conservation Measures. In addition to the prohibited uses of water in Section 13.03.040 - Permanent Restrictions, the following water conservation requirements apply during a declared level 1 water supply shortage:

1. Limits on Watering Days. Watering or irrigating of any lawn, landscape or other vegetated area with potable water is limited to the following three days per week: Tuesday, Thursday and Saturday. This provision does not apply to landscape irrigation systems that exclusively use very-low flow drip type irrigation systems if no emitter produces more than one gallon of water per hour. Automated landscape irrigation systems may only be operated on other days for very short periods of time, such as ten minutes, or as reasonably required for the express purpose of adjusting or repairing a landscape irrigation system.

2. Obligation to Fix Leaks, Breaks, or Malfunctions. All leaks, breaks or other malfunctions in the water user's plumbing or distribution system must be repaired within seventy-two hours of notification by the city unless other arrangements are made with the city.

3. Limits on Filling Ornamental Lakes or Ponds. Filling or re-filling ornamental lakes or ponds is prohibited, except to the extent necessary to sustain aquatic life that has been actively managed or cared for within the ornamental lake or pond, prior to the city declaring a supply shortage level pursuant to this chapter.

4. Other Prohibited Uses. The city may implement other prohibited water uses as determined by the city after providing notice to the city's water customers.

D. Exemptions to Level 1 Shortage Restrictions:

1. Watering with a hand-held hose or a refillable watering vessel, such as a bucket or a tree irrigator is allowed at any time on any day of the week.

2. Drip irrigation systems with emitters of less than two gallons per hour capacity are exempt from duration and day of week restrictions due to increased efficiency.

3. Soaker hoses or automatic tree bubblers may be used to water trees so long as watering is done under the drip-line of the tree canopy.

4. Watering a vegetable garden with a soaker hose is exempt from the watering limitations.

(Ord. 2015-09-1478 § 3 (part); Ord. 2009-04-1399 § 1 (part))

A. A level 2 water supply shortage condition exists when the city determines, in its sole discretion, that due to drought or other water supply reductions, a water supply shortage exists and a consumer demand reduction of more than ten percent but less than twenty percent is necessary to ensure that sufficient supplies will be available to meet anticipated demands. Upon declaration by the city of a level 2 water supply shortage condition, the city shall implement the mandatory level 2 conservation measures identified in this chapter:

1. Reduction by the Metropolitan Water District of more than ten percent, but less than twenty percent of imported water deliveries to its member agencies;

2. Reduction by the Central Basin Municipal Water District of more than ten percent, but less than twenty percent of imported water deliveries to its member agencies;

3. Over four years of drought, as defined by the National Weather Service, exists within the Los Angeles county Central Basin of the Colorado River Basin of the State of California.

B. Eating or drinking establishments, including but not limited to a restaurant, hotel, cafe, bar, club, or other public place where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any person unless expressly requested.

C. Additional Water Conservation Measures. In addition to the prohibited uses of water identified in Sections 13.03.040 and 13.03.050, the following additional water conservation requirements apply during a declared level 2 water supply shortage:

1. Watering Days. Watering or irrigating of any lawn, landscape or other vegetated area with potable water is limited to the following two days per week, Tuesday and Saturday. This provision does not apply to landscape irrigation systems that exclusively use very-low flow drip type irrigation systems when no emitter produces more than two gallons of water per hour. Automated landscape irrigation systems may be operated on other days for very short periods of time, such as ten minutes, or as reasonably required, for the express purpose of adjusting or repairing a landscape irrigation system.

2. Obligation to Fix Leaks, Breaks, or Malfunctions. All leaks, breaks or other malfunctions in the water user's plumbing or distribution system must be repaired within forty-eight hours of notification by the city unless other arrangements are made with the city.

3. Limits on Washing Vehicles. Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not, is prohibited, except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut off nozzle or device, by high pressure/low volume water systems or at a commercial car washing facility that utilizes a re-circulating water system to capture or reuse water.

4. Limits on Filling Residential Swimming Pools and Spas. Re-filling of more than one foot and initial filling of residential swimming pools or outdoor spas with potable water is prohibited.

5. Limits on Filling Ornamental Lakes or Ponds. Filling or re-filling ornamental lakes or ponds is prohibited, except to the extent needed to sustain aquatic life that has been actively managed within the water feature prior to declaration of a supply shortage level under this ordinance.

6. Median Irrigation. The irrigation with potable water of ornamental turf on public street medians is prohibited.

7. Other Prohibited Uses. The city may implement other prohibited water uses as determined by the city after providing notice to the city's water customers.

D. Exemptions to Level 2 Shortage Restrictions.

1. Watering with a hand-held hose or a refillable watering vessel, such as a bucket or a tree irrigator is allowed at any time on any day of the week.

2. Drip irrigation systems with emitters of less than three gallons per hour capacity are exempt from duration and day of week restrictions due to increased efficiency.

3. Soaker hoses or automatic tree bubblers may be used to water trees so long as watering is done under the drip-line of the tree canopy or you may use automatic tree bubblers.

4. Watering a vegetable garden with a soaker hose is exempt from the watering limitations.

(Ord. 2015-09-1478 § 3 (part); Ord. 2009-04-1399 § 1 (part))

A. A level 3 water supply shortage exists when the city declares a water shortage emergency condition exists pursuant to provisions set forth under California Water Code Section 350 through 357, including providing notice by publication to the city's water customers, that more than a twenty percent consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation, and fire protection. The city must declare a water supply shortage emergency in the manner and on the grounds provided in California Water Code Section 350.

B. A twenty percent or greater shortage of water supplies can be anticipated when one or more of the following events occur:

1. Reduction by the Metropolitan Water District of twenty percent or more of imported water deliveries to member agencies;

2. Reduction by the Central Basin Municipal Water District of twenty percent or more of imported water deliveries to member agencies;

3. Over five years of drought, as defined by the National Weather Service, exists within the Los Angeles county Central Basin of the Colorado River Basin in the State of California.

C. Additional Conservation Measures. In addition to the prohibited uses of water identified in Sections 13.03.040, 13.03.050, and 13.03.060, the following water conservation requirements apply during a declared level 3 water supply shortage emergency condition:

1. Watering or irrigating of any lawn, landscape or other vegetated area with potable water is prohibited. This restriction shall not apply to the following categories of use unless the city has determined that recycled water is available and may be lawfully applied to the use:

a. Maintenance of vegetation, including trees and shrubs, that are watered using a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut off nozzle or device, or a very-low flow drip type irrigation system when no emitter produces more than two gallons of water per hour subject to the watering day and excessive runoff restrictions in Section 13.03.060;

b. Maintenance of existing landscape necessary for fire protection;

c. Maintenance of existing landscape for soil erosion control;

d. Maintenance of plant materials identified to be rare or essential to the wellbeing of rare animals;

e. Maintenance of landscape within active public parks and playing fields, day care centers, school grounds, cemeteries, and golf courses, provided that such irrigation does not exceed two days per week according to the schedule established in Section 13.03.060 and time restrictions in Section 13.03.060; and

f. Public works projects and actively irrigated environmental mitigation projects.

2. Obligation to Fix Leaks, Breaks, or Malfunctions. All leaks, breaks or other malfunctions in the water user's plumbing or distribution system must be repaired within twenty-four hours of notification by the city unless other arrangements are made with the city.

3. Discontinue Service. The city, in its sole discretion, may discontinue service to the city's water customers who willfully violate provisions under a declared level 3 water supply shortage. The city may also assert other penalties and violations as set forth in this chapter against water customers who willfully violate provisions under a declared level 3 water supply shortage.

4. No New Annexations. Upon declaration of a level 3 water supply shortage condition, the city will suspend consideration of annexations to its service area. This provision does not apply to boundary corrections and annexations that will not result in any increased used of water.

5. Other Prohibited Uses. The city may implement other prohibited water uses as determined by the city after providing notice to the city's water customers.

(Ord. 2015-09-1478 § 3 (part); Ord. 2009-04-1399 § 1 (part))

Declaration and Notification of Level 1, 2 & 3 Water Supply Shortage. The existence of level 1, level 2 or level 3 water supply shortage conditions may be declared by resolution of the City Council adopted at a regular or special public meeting held in accordance with state law. The mandatory conservation requirements applicable to level 1, level 2 or level 3 conditions shall take effect on the fifteenth day after the date the shortage is declared. Within ten days following the declaration of the shortage level, the city shall publish a copy of the resolution in a newspaper used for publication of official notices. If the city establishes a water allocation, it shall provide notice of the allocation by including it in the regular billing statement or by any other mailing to the address to which the city customarily mails the billing statement for fees or charges for on-going water service.

(Ord. 2015-09-1478 § 3 (part); Ord. 2009-04-1399 § 1 (part))

A. Undue and Disproportionate Hardship. If, due to unique circumstances, a specific requirement of this chapter would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water users, then the person may apply for a waiver to the requirements as provided in this section.

B. Written Finding. The waiver may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person using water or to property upon which water is used, that is that is disproportionate to the impacts to water users generally or to similar property or classes of water user due to specific and unique circumstances of the user or the user's property.

1. Application. Application for a waiver shall be on a form prescribed by the city and shall be accompanied by a non-refundable processing fee in amount set by resolution of the city.

2. Supporting Documentation. The application shall be accompanied by photographs, maps, drawings, and other information, including a written statement of the applicant.

3. Required Findings for Variance. An application for a waiver shall be denied unless the approving authority, either city manager or the city manager's designee, finds, based on the information provided in the application, supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the city, all of the following:

a. That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses.

b. That because of special circumstances applicable to the property or its use, the strict application of this chapter would have a disproportionate impact on the property or use that exceeds the impact to residents and businesses generally.

c. That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the city to effectuate the purpose of this chapter and will not detrimental to the public interest; and

d. That the condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent, or general in nature.

4. Approval Authority. The city manager or their designee shall exercise approval authority and act upon any completed application no later than fifteen business days after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver shall be promptly notified in writing of any action taken. Unless specified otherwise at the time a waiver is approved, the waiver applies to the subject property during the term of the mandatory water supply shortage condition.

5. Appeals to the City. An applicant may appeal a decision or condition of the city manager or the city manager's designee, on a waiver application to the City Council within fifteen calendar days of the decision upon written request for a hearing. The request shall state the grounds for the appeal. At a public meeting, the City Council shall act as the approval authority and review the appeal de novo by following the regular waiver procedure. The decision of the City Council is final.

(Ord. 2015-09-1478 § 3 (part); Ord. 2009-04-1399 § 1 (part))

A. Misdemeanor. Any violation of this chapter may be prosecuted as a misdemeanor punishable by imprisonment in the county jail for not more than thirty days, or by fine not exceeding one thousand dollars or both, under the provisions of Chapter 1.16 of the Signal Hill Municipal Code.

B. Civil Penalties. Civil penalties for failure to comply with any provisions of the chapter shall be as follows:

1. First Violation. The city will issue a written warning and deliver a copy of this chapter by certified mail. Such notice shall refer to the code section(s) violated and facts supporting the issuance of notice of violation.

2. Second Violation. A second violation within a twelve-month period is punishable by a fine not to exceed one hundred dollars. Such notice shall refer to the code section(s) violated and facts supporting the issuance of notice of violation. The correction notice shall also describe the action(s) necessary to correct the violation and state the final date by which the correction must be completed and inform the offender that he or she is subject to a fine if the correction is not made by that date.

3. Third Violation. A third violation within a twelve-month period is punishable by a fine not to exceed two hundred and fifty. Such notice shall refer to the code section(s) violated and facts supporting the issuance of notice of violation. The correction notice shall also describe the action(s) necessary to correct the violation and state the final date by which the correction must be completed and inform the offender that he or she is subject to a greater fine if the correction is not made by that date.

4. Fourth and Subsequent Violation. A fourth and any subsequent violation within a twelve-month period is punishable by a fine not to exceed five hundred. Such notice shall refer to the code section(s) violated and facts supporting the issuance of notice of violation. The correction notice shall also describe the action(s) necessary to correct the violation and state the final date by which the correction must be completed and inform the offender that he or she is subject to (1), (2) and 13.03.100(C) if the correction is not made by that date.

a. Water Flow Restrictor. In addition to any fines, the city may install a water flow restrictor device of approximately one gallon per minute capacity for services up to one and one-half inch size and comparatively sized restrictors for larger services after written notice of intent to install a flow restrictor for a minimum of forty eight hours.

b. Discontinuing of Service. In addition to any fines and the installation of a water flow restrictor, the city may disconnect and/or terminate a water customer's water service for willful violation of mandatory restrictions in this chapter.

C. Cost of Flow Restrictor and Disconnecting Service. A person or entity that violates this chapter is responsible for payment of the city's charges for installing and/or removing any flow restricting device and for disconnecting and/or reconnecting service per the city's schedule of charges in effect. The charge for installing and/or removing any flow restrictor device shall be paid to the city before the device is removed. Nonpayment shall be subject to the same remedies as nonpayment of basic water rates.

D. Separate Offenses. Each day that a violation of this chapter occurs is a separate offense.

E. Notice and Hearing.

1. The city shall issue a notice of violation by mail or personal delivery at least fifteen calendar days before taking enforcement action and said notice shall describe the action to be taken. A customer may appeal the notice of violation by filing a written notice of appeal with the city no later than the close of business on the day before the date scheduled for enforcement action. Any notice of violation not timely appealed shall be final. Upon receipt of a timely appeal, a hearing on the appeal shall be scheduled in a timely manner, and the city shall mail written notice of the hearing to the customer at least fifteen calendar days before the date of the said hearing.

2. Pending receipt or a written appeal or pending a hearing pursuant to an appeal, the city may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared water level condition.

(Ord. 2015-09-1478 § 3 (part); Ord. 2009-04-1399 § 1 (part))

If any section, subsection, sentence, clause or phrase in this chapter or the application thereof to any person or circumstance is for any reason held invalid, the validity of the remainder of the chapter or the application of such provision to other persons or circumstances shall not be affected thereby. The city hereby declares it would have passed this chapter and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or the application thereof to any person or circumstance be held invalid.

(Ord. 2015-09-1478 § 3 (part); Ord. 2009-04-1399 § 1 (part))