Tracy Municipal Code Art. 6 Water Conservation and Rationing Plan, Water Emergency Plan, Variances and…

The provisions of this article may be amended from time to time or as deemed necessary by the City Council.

(Prior code § 11-7.601)

(a) Prohibitions. The following actions and activities are prohibited:

(1) Allowing flagrant water waste or incidental water runoff.

(2) Irrigating using a hose without a shutoff nozzle attached.

(3) Using potable water to operate non-recirculating decorative water features, including splash pads.

(4) Irrigating outdoors during and within forty-eight (48) hours following a measurable rainfall. "Measurable rainfall" means any amount of precipitation that generates a puddle or runoff.

(5) The serving of drinking water other than upon request, in eating or drinking establishments.

(6) Irrigating ornamental grass or turf on public street medians.

(7) Irrigating outside of newly constructed homes and buildings in a manner that is inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development.

(8) Irrigating any hardscape.

(b) Mandatory requirements.

(1) Any customer must properly maintain all outdoor plumbing and irrigation systems and control all leaks within seventy-two (72) hours of discovery or notification.

(2) Customers shall practice prudent water conservation measures, including:

(i) Planting drought-tolerant landscapes;

(ii) Installing and maintaining water-efficient irrigation systems such as drip and bubble irrigation with weather or soil-based controllers;

(iii) Installing sprinkler heads with a low flow rate appropriate for the landscape to prevent overwatering and runoff;

(iv) Watering only in the late night or early morning hours during non- windy periods.

(3) A hose that dispenses potable water shall be fitted with a shut-off nozzle or flow restriction device attached to it that causes it to cease dispensing water immediately when not in use.

(4) All swimming pools, hot tubs, and spas installed after May 1, 1993 must have a separation tank and water recovery system installed in the filter backwash system, with a ninety (90%) percent water recovery standard.

(5) Each swimming pool, hot tub and spa installed after July 15, 2015 must have a non-permeable floating cover or equivalent device that provides ninety (90%) percent surface coverage.

(Ord. No. 1227, § 1(Exh. A), 10-18-2016; Ord. No. 1233, § 2, 5-16-2017)

This section applies to any person, owner or manager responsible for the day-to-day operations of a premise. In addition to the mandatory prohibitions and requirements in section 11.28.160, the following requirements apply:

(a) All landscape irrigation is restricted to before 9:00 a.m. or after 7:00 p.m. daily. This applies to residential, commercial, industrial, institutional, municipal and other public agencies or entities.

(b) Restaurants and commercial lodging establishments must post notice of drought conditions.

(c) Hotels and motels must offer guests an option to opt out of linen/towel service.

(Prior code § 11-7.603)

(Ord. No. 1196, § 1 (Exh. A), 6-16-2015; Ord. No. 1227, § 1(Exh. A), 10-18-2016)

In addition to Stage 1, the following requirements apply:

(a) Landscapes, including residential, commercial, industrial, institutional, municipal and other public agencies or entities, may be irrigated three (3) days per week as follows:

(1) Odd-numbered addresses may irrigate only on Monday, Wednesday and Saturday before 9:00 a.m. and after 7:00 p.m.

(2) Even-numbered addresses may irrigate only on Tuesday, Thursday and Sunday before 9:00 a.m. and after 7:00 p.m.

(3) At any time provided that only drip, microspray or bubbler irrigation is used.

(b) Any customer must repair and control all outdoor water leaks that violate this Chapter, as determined by the City, within forty-eight (48) hours of discovery or notification.

(Prior code § 11-28.180)

(Ord. No. 1196, § 1 (Exh. A), 6-16-2015; Ord. No. 1227, § 1(Exh. A), 10-18-2016)

In addition to Stages 1 and 2, the following requirements apply:

(a) Except as otherwise provided, individual residential car washing is allowed only with the use of a bucket. "Individual residential car washing" means the cleaning with potable water of a motor vehicle that is registered to an individual who lives on the premise.

(b) Automobile and recreational vehicle dealerships are allowed to continue washing vehicles with a hose that is fitted with a shut-off nozzle or flow restriction device attached under the following conditions:

(1) Automobiles and recreational vehicles may be washed only on Friday using the method outlined above.

(2) An automobile, motorcycle, boat or motorhome may be washed the day before or the day of delivery to the purchaser using the method outlined above before 9:00 a.m. or after 7:00 p.m.

(c) No customer may add water or refill a swimming pool, spa or hot tub unless it has a separation tank and water recovery system installed in the filter backwash system, with a ninety (90%) percent water recovery standard and it is a maintenance or health and safety issue.

(Prior code § 11-7.605)

(Ord. No. 1196, § 1 (Exh. A), 6-16-2015; Ord. No. 1227, § 1(Exh. A), 10-18-2016)

In addition to Stages 1, 2 and 3, the following requirements apply. Landscapes, including residential, commercial, industrial, institutional, municipal and other public agencies or entities, may be irrigated two days per week as follows:

(1) Odd-numbered addresses may irrigate only on Wednesday and Saturday before 9:00 a.m. and after 7:00 p.m.

(2) Even-numbered addresses may irrigate only on Thursday and Sunday before 9:00 a.m. and after 7:00 p.m.

(Prior code § 11-7.606)

(Ord. No. 1196, § 1 (Exh. A), 6-16-2015; Ord. No. 1227, § 1(Exh. A), 10-18-2016)

(a) The City Council may mandate specific restrictions and prohibitions which may include but are not limited to:

(1) All water uses not required for public health and safety and fire protection are prohibited.

(2) No outdoor potable water uses are allowed.

(3) No recreational water uses are allowed.

(4) The Utilities Director shall establish water budgets for all customer accounts.

(b) The City Council may declare a water emergency and direct the City Manager to implement appropriate water conservation and/or rationing requirements consistent with this chapter when one or more of the following conditions exist:

(1) A decrease in the ability to draw groundwater due to well contamination, well failure or other equipment or system failure, and no alternative source of water is available,

(2) Contamination of the water system,

(3) Natural disasters affecting water deliveries,

(4) During times of floods which would affect water quality,

(5) Sabotage or threats of sabotage against the water system,

(6) Any unusual situation or circumstance which affects the quantity or quality of the water supply.

(Prior code § 11-7.607)

(Ord. No. 1196, § 1 (Exh. A), 6-16-2015; Ord. No. 1227, § 1(Exh. A), 10-18-2016)

When drought or water emergency conditions are declared by the City Council, it may become necessary to implement a temporary rate increase to cover reduced revenues as a result of conservation. Rates may be increased by resolution of the Council when it is determined that revenues are inadequate.

(Prior code § 11-7.608)

(Ord. No. 1196, § 1 (Exh. A), 6-16-2015)

(a) During periods of a declared drought or water emergency, the City Council may, by resolution, establish a water rate structure which provides incentives (or disincentives) to conserve water use.

(b) Any water user may seek to have the excess water use surcharge waived or forgiven through the variance process set forth in subsection 11.28.240(b) of this chapter upon substantial evidence of the following:

(1) The excess water use was beyond the user's control, and was not reasonably correctable due to special and unique circumstances, or

(2) An incident or condition occurred where public health or safety would have been threatened by decreased water usage.

(Prior code § 11-7.609)

(Ord. No. 1196, § 1 (Exh. A), 6-16-2015)

The Director, shall document the type and character of any residential, commercial, or industrial user or public authority requesting a variance in the assigned water goal in Phase I, II, III or IV of this chapter. The Director shall maintain a separate file of each variance request and the response to that request. This file shall be available for public inspection during regular business hours.

(a) No variance request will be considered until a water use has been prohibited or an excess use fee has been assessed on the customer's bill.

(b) The Director may grant a variance for uses of water otherwise prohibited or adjust any consumer's allotment or billing, if the Director finds and determines that to fail to do so would cause an emergency condition affecting health, sanitation, or fire protection or causes undue hardship of the applicant or public.

(c) If any condition upon which the variance request approval was based cease to exist (e.g., an occupant of the home vacates), the billed user of the home is responsible for notifying the Finance Department of the change for an appropriate adjustment to the user's allotment.

(d) The City may request periodic confirmation from the billed user that all conditions upon which the variance request was approved are still in existence. Failure on the part of the user to respond to any reasonable inquiry shall be grounds for termination of the variance. Supplying false or erroneous information in such an inquiry for the purpose of obtaining or maintaining additional water allotments shall be deemed fraud.

(Prior code § 11-7.610)

(Ord. No. 1196, § 1 (Exh. A), 6-16-2015)

Any water service customer who considers an action taken by the City under this chapter to have been erroneously taken, may appeal the action and decision to the City Manager as set forth in Section 1.12.010. The appellant shall continue to pay the monthly charge as billed pending the completion of the appeal process.

(Ord. 1111 § 4 Exh. A (part), 2007: prior code § 11-7.611)

(Ord. No. 1196, § 1 (Exh. A), 6-16-2015)

Notwithstanding any other provisions of this chapter, no prohibition is expressly imposed upon applications, approvals, or installations of water service facilities solely for temporary service to those construction works which are entitled to permanent water service facilities under the terms of this chapter. However, the Director may, at his/her discretion, suspend the issuance of water permits for such temporary uses such as construction works, when acceptable alternative nonpotable sources are available.

(Prior code § 11-7.612)

Where there is no prior history of use and notwithstanding any reduction of water use which would otherwise be a goal for residential water users pursuant to the goals as set forth in this chapter, no residential household shall be given a goal to reduce water consumption below the following: The seasonal average consumption customary for that user class or meter class, less than appropriate conservation goal amount.

(Prior code § 11-7.613)