Trinity County Municipal Code Ch. 9.08 Water Rationing

A. The board of supervisors has declared that a water shortage emergency condition prevails in the area served by California-Pacific Utilities Company in Weaverville and Trinity County Waterworks District No. 1 in Hayfork, due to conditions prevailing throughout the state. This chapter is intended to allocate equitably the water available for human consumption, sanitation and fire protection.

B. The specific uses regulated or prohibited in this chapter are nonessential, if allowed would constitute wastage of water, and should be prohibited pursuant to the Water Code Section 350 et seq., Water Code Section 71640 et seq., and the common law.

C. The actions taken in this chapter are exempt from the provisions of the California Environmental Quality Act of 1970 as projects undertaken as immediate action necessary to prevent or mitigate an emergency pursuant to Section 15071(c) of the State EIR Guidelines. (Ord 360 §1, 1977)

For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future, and words in the plural number include the singular. The word "shall" is always mandatory and not merely directory.

A. "California-Pacific Utilities Company" is a water and utility company, a corporation of the state of California.

B. "Customer" is any person using water supplied by the California-Pacific Utilities Company and Trinity County Waterworks District No. 1.

C. "Director" is the director of emergency services for Trinity County.

D. "Person" is any person, firm, partnership, association, corporation, company or organization of any kind.

E. "Trinity County Waterworks District No. 1" is a water district, a special service district of Trinity County.

F. "Water" is water from the California-Pacific Utilities Company and Trinity County Waterworks District No. 1.

(Ord. 360 §2, 1977)

The provisions of this chapter shall apply to all customers using water, both in and outside the California-Pacific Utilities Company and Trinity County Waterworks District No. 1, regardless of whether any customer using water shall have a contract for water service with California-Pacific Utilities Company and Trinity County Waterworks District No. 1.

(Ord. 360 §3, 1977)

From and after the time this chapter becomes effective, and is implemented by resolution of the board of supervisors, until this emergency is officially declared as "over," a voluntary system of water rationing shall apply to all irrigation in the town of Weaverville and the town of Hayfork as follows:

A. On the even-numbered days of any calendar month during which this chapter is in effect, irrigation, sprinkling or watering of shrubbery, trees, lawns, grass, groundcovers, plants, vines, gardens, vegetables, flowers or any other vegetation and washing of sidewalks, driveways, porches, or other outdoor surfaces shall be permitted on the north side of Weaverville only and the north side of Hayfork only.

B. On the odd-numbered days of any calendar month during which this chapter is in effect, irrigation, sprinkling, or watering of shrubbery, trees, lawns, grass, groundcovers, plants, vines, gardens, vegetables, flowers or any other vegetation and washing of sidewalks, driveways, porches or other outdoor surfaces shall be permitted on the south side of Weaverville only and the south side of Hayfork only.

(Ord. 360 §4, 1977)

From and after the day on which this chapter is made effective, by a declaration of drought disaster in a specific area of the county by director, no person or customer shall sprinkle, water or irrigate any shrubbery, trees, lawns, grass, groundcovers, plants, vines, gardens, vegetables, flowers or any other vegetation or wash any sidewalk, driveway, porch or other outdoor surface except as follows:

A. Such irrigation, sprinkling, watering and washing down shall be permitted on the north side of Weaverville and the north side of Hayfork on even-numbered days of the calendar.

B. Such irrigation, sprinkling, watering and washing down shall be permitted on the south side of Weaverville and the south side of Hayfork on odd-numbered days of the calendar.

(Ord. 360 §5, 1977)

The requirement of Sections 9.08.040 and 9.08.050 to the contrary notwithstanding, no person whose historic monthly average water use for the period June 1, 1976 through September 1, 1976 exceeds one million gallons per month, hereinafter called "large water users," shall irrigate, sprinkle or water any shrubbery, trees, lawns, grass, groundcovers, plants, vines, gardens, vegetables, flowers or any other vegetation except on days assigned in each week during which this chapter is in effect, said days to be assigned by the director after consultation with the individual large water users.

(Ord. 360 §6, 1977)

While this chapter is in effect, no planting or landscaping shall be permitted unless the board of supervisors determines that the health, safety or welfare of the public might be endangered.

(Ord. 360 §7, 1977)

No person or customer shall cause or permit any water furnished to him or her by the California-Pacific Utilities Company and Trinity County Waterworks District No. 1 to run or waste in any gutter or otherwise.

(Ord. 360 §8, 1977)

Whenever the director determines that the water available to the California-Pacific Utilities Company and Trinity County Waterworks District No. 1 is insufficient to permit any swimming pool filling, irrigation, watering, or sprinkling and that all water then available to the department should be used solely for human consumption, sanitation, and fire protection, he may order and direct that swimming pool filling, irrigation, watering or sprinkling shall not be permitted by any person or customer. While such order is in effect, no person or customer shall fill any swimming pool, irrigate, sprinkle or water any shrubbery, trees, lawns, groundcovers, plants, vines, gardens, vegetables, flowers or any other vegetation. Violations shall be punished as provided in Section 9.08.100.

The director shall use every available means to inform customers that such order is in effect.

(Ord. 360 §9, 1977)

Except as otherwise provided in this chapter, violations of any provision of this chapter shall be punished as follows:

The director shall forthwith disconnect the water services of any person or customer cited for a charge under this section. Such service shall be restored only upon payment of the turn-on charge fixed by the director. Each day any violation of this chapter is committed or permitted to continue shall constitute a separate offense and shall be punished as such under this section.

(Ord. 360 §10, 1977)

A. Each appropriate law enforcement officer of the county shall, in connection with his duties imposed by law, diligently enforce the provisions of this chapter.

B. The director and fire department have the duty and are authorized to enforce the provisions of this chapter and shall have all the powers and authority contained in California Penal Code Section 836.5, including the power to issue written notice to appear.

C. The California-Pacific Utilities Company and Trinity County Waterworks District No. 1 may insert a flow restrictor at the meter in substitution for disconnection as a penalty.

(Ord. 360 §11, 1977)

A. The provisions of this chapter shall be in full force and effect only upon adoption by the board of supervisors of a declaration that a water emergency condition prevails pursuant to California Water Code Section 350.

B. The provisions of this chapter shall be of no further force or effect after October 15th of any year in which a water shortage emergency is declared or when the board of supervisors determines that a water shortage no longer exists, whichever occurs first. The board of supervisors may extend the effective date of the ordinance in any year by adopting a resolution to that effect.

(Ord. 360 §12, 1977)