South El Monte Municipal Code Ch. 8.46 Water Conservation

A. The purpose of this chapter is to establish water conservation measures that will reduce water consumption within the city of South El Monte through conservation, assure reasonable and beneficial use of water, prevent waste of water, and maximize the efficient use of water within the city of South El Monte to avoid and minimize the effects of drought on city residents and businesses to the greatest extent possible.

B. This chapter establishes water conservation measures intended to alter behavior related to water use efficiency at all times.

C. Actions contrary to this chapter will be considered waste and an unreasonable use of water.

(Ord. 1198 §2, 2015)

The following words and phrases, when used in this chapter, shall have the meanings defined in this section:

"Person"

means any natural person or persons, corporation, public or private entity, governmental agency or institution, including all agencies and departments of the city of South El Monte, or any other user of water provided in the city of South El Monte.

"Potable water"

means water which is suitable for drinking.

"Recycled water"

means reclaimed and reused water for beneficial use.

(Ord. 1198 §2, 2015)

A. The provisions of this chapter apply to any person using potable water within the city of South El Monte.

B. The provisions of this chapter do not apply to the use of recycled water.

C. 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 and other similar emergency services.

(Ord. 1198 §2, 2015)

The following water conservation measures shall also apply when the city council declares a stage 1 water supply shortage:

A. Watering or irrigating of any lawn, landscape or other vegetated area shall be limited to the following days:

1. Even numbered addresses (those ending in 0, 2, 4, 6, or 8) on Mondays, Wednesdays, and Fridays; and

2. Odd numbered addresses (those ending in 1, 3, 5, 7, 9) on Tuesdays, Thursdays, and Saturdays.

B. Watering or irrigating of any lawn, landscape or other vegetated area is prohibited between the hours of nine a.m. and five p.m. on all days.

C. Watering or irrigating of any lawn, landscape or other vegetated area shall be limited to no more than ten minutes per watering station per permitted watering day.

D. Watering or irrigating of any lawn, landscape, or other vegetated area with potable water during, and for forty-eight hours following, measurable precipitation is prohibited.

E. Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures is prohibited.

F. Washing vehicles, unless using a positive shut-off nozzle on the end of the hose, is prohibited.

G. Washing down hard or paved surfaces is prohibited.

H. The use of water in fountains or decorative water features not equipped with a functioning recirculating pump is prohibited.

I. Commercial businesses, including restaurants and other food service providers, shall only serve drinking water to customers upon request.

J. Hotel and motel operators must provide guests with the option of choosing not to have towels and linens laundered daily. Information about this policy must be prominently displayed.

K. Unmetered fire hydrant water shall not be used for any reason other than fire suppression or utility system maintenance purposes.

L. Persons must repair leaks, breaks or other malfunctions in their plumbing or distribution system within five business days after notification of the leak, break, or other malfunction by the local water utility.

M. Use of potable water for dust control or earth compaction shall not be unreasonable or excessive.

N. Operation of commercial car washes that do not use recycled water is prohibited.

(Ord. 1198 §2, 2015)

In addition to the water conservation measures identified in stage 1, the following water conservation measures relating to irrigation and leak repair shall be modified as follows when the city council declares a stage 2 water shortage:

A. Watering or irrigating of any lawn, landscape or other vegetated area shall be limited to the following days:

1. Even numbered addresses (those ending in 0, 2, 4, 6, or 8) on Mondays and Thursdays; and

2. Odd numbered addresses (those ending in 1, 3, 5, 7, 9) on Tuesdays and Fridays.

B. Persons must repair leaks, breaks or other malfunctions in their plumbing or distribution system within seventy-two hours after notification of the leak, break, or other malfunction by the local water utility.

(Ord. 1198 §2, 2015)

In addition to the measures identified in stage 1, the following water conservation measures relating to irrigation and leak repair shall be modified as follows when the city council declares a stage 3 water shortage:

A. Watering or irrigating of any lawn, landscape or other vegetated area shall be limited to the following days:

1. Even numbered addresses (those ending in 0, 2, 4, 6, or 8) on Wednesdays only; and

2. Odd numbered addresses (those ending in 1, 3, 5, 7, or 9) on Thursdays only.

B. Persons must repair leaks, breaks or other malfunctions in their plumbing or distribution system within twenty-four hours after notification of the leak, break, or other malfunction by the local water utility.

(Ord. 1198 §2, 2015)

In addition to the measures identified in stage 1, the following water conservation measures apply when the city council declares a stage 4 water shortage:

A. Watering or irrigating of lawn, landscape, or other vegetated area with potable water is prohibited unless necessary for public health and safety.

B. Leaks, breaks or other malfunctions in a person's plumbing or distribution system must be repaired immediately upon notification by the local water utility unless other arrangements are made with the local water utility.

C. No new potable water service or new temporary meters will be provided except where necessary to protect public health, safety, or welfare.

(Ord. 1198 §2, 2015)

A. A water supply shortage exists when the city council determines that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon a declaration of a water supply shortage condition by the city council, the city council may implement one of the four stages designated in Sections 8.46.040 through 8.46.070. The city council may consider any actions taken by the San Gabriel Water Company when determining which water supply shortage stage to adopt.

B. The water conservation measures contained in the water supply shortage stage shall remain in effect until the city council rescinds its declaration of a water supply shortage. The city council may rescind its declaration of a water supply shortage when it determines that a water supply shortage or threatened shortage no longer exists in the city and that the stage's water conservation measures are no longer necessary.

(Ord. 1198 §2, 2015)

In order to declare a water supply shortage and adopt a water supply shortage stage, the city council shall conduct a public hearing to be held at a regular or special meeting of the city council. The water conservation measures contained in the water supply shortage stage shall take effect on the tenth day after the date the water supply shortage is declared. Within ten days following the declaration of the water supply shortage, the city must publish a copy of the resolution in a newspaper used for publication of official notices.

(Ord. 1198 §2, 2015)

Any violation of this chapter shall be punishable as follows:

A. First and Second Offenses. Written warning, including explanation of penalty for subsequent offense.

B. Third Offense Within One Year for a Violation of the Same Measure. One hundred-dollar fine and a written warning describing the penalty for a subsequent offense.

C. Fourth Offense Within One Year for a Violation of the Same Measure. Two hundred fifty-dollar fine and a written warning describing the penalty for a subsequent offense.

D. Fifth Offense Within One Year for a Violation of the Same Measure. Five hundred-dollar fine and a written warning describing the penalty for a subsequent offense.

E. Sixth and Any Further Offenses Within One Year for a Violation of the Same Measure. Five hundred-dollar penalty and a written recommendation to the San Gabriel Valley Water Company to install a flow restricting device on the person's water meter for the duration of the water supply shortage stage.

(Ord. 1198 §2, 2015)

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, then the person may apply for a waiver to the specific requirement as provided in this section. Hardship waiver applications shall be filed in writing with the city manager or designee and shall include documentation from the San Gabriel Valley Water Company that it has issued a waiver to that person or property from the requirements of its own water conservation measures and all other documentation relied upon to support the undue hardship claim. The city manager shall grant a hardship waiver upon finding that the San Gabriel Valley Water Company has issued a hardship waiver for a similar requirement. The city manager shall also issue a hardship waiver if he or she finds that: (1) the waiver is necessary to recover the person's reasonable investment backed expectation established through investment made prior to the effective date of Ordinance Number 1198; and (2) that such waiver will not create a nuisance due to an adverse impact on persons or property within the city.

(Ord. 1198 §2, 2015)