Vernon Municipal Code Ch. 13.20 Water Conservation

A. The purpose of this chapter is to establish a water conservation and supply shortage program that will reduce water consumption within the City of Vernon 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 water shortage to the greatest extent possible.

B. This chapter also establishes permanent water conservation standards intended to alter behavior related to water use efficiency at all times and further establishes three phases 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. Applicability.

1. The provisions of this chapter apply to any person in the use of any potable water provided by the City.

2. 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.

3. The provisions of this chapter do not apply to the use of recycled water, with the exception of Section 13.20.030(A).

4. 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.

5. This chapter is intended solely to further the conservation of water. It is not intended to implement any provision of Federal, State, or local statutes, ordinances, or regulations relating to protection of water quality or control of drainage or runoff.

(Prior code § 25.100)

The following words and phrases whenever used in this chapter have the meaning defined in this section:

"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 100 cubic feet (ccf).

"Landscape irrigation system"

means an irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system.

"Person"

means any natural person or persons, corporation, public or private entity, governmental agency or institution, including all agencies and departments of City, or any other user of water provided by the City.

"Potable water"

means water which is suitable for drinking.

"Recycled water"

means the reclamation and reuse of non-potable water for beneficial use as defined in Title 22 of the California Code of Regulations.

"Section headings"

means, when contained in this chapter, that section headings shall not be deemed to govern, limit, modify, or in any manner effect the scope, meaning or intent of the provisions of any section.

"Single pass cooling systems"

means equipment where water is circulated only once to cool equipment before being disposed.

"Tense" or "gender"

means words used in the present tense include the future as well as the present. Words used in the masculine gender include the feminine and neuter. The singular number includes the plural, and the plural the singular.

(Prior code § 25.100(a)—(h))

No customer of the City of Vernon shall make, cause, use or permit the use of City water in a manner contrary to any provision of this chapter or in an amount which exceeds that permitted pursuant to action taken by the City Council in accordance with the provisions of this chapter.

In addition, the following water conservation requirements are effective at all times and are permanent. Violations of this section will be considered waste and an unreasonable use of water.

A. Limits on Watering Hours. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 10:00 a.m. and 5:00 p.m. on any day, 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, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.

B. Limit on Watering Duration. Watering or irrigating of lawn, landscape or other vegetated area with potable water using a landscape irrigation system or a watering device that is not continuously attended is limited to no more than 15 minutes watering per day per station. This subsection 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 and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard.

C. No Excessive Water Flow or Runoff. Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited.

D. No Washing Down Hard or Paved Surfaces. Washing down hard or exterior paved surfaces, including, but not limited to, sidewalks, walkways, driveways, parking areas, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a hand-held bucket or similar container, a handheld hose equipped with a positive self-closing water shut-off device, a low-volume, high-pressure cleaning machine equipped to recycle any water used, or a low-volume high-pressure water broom.

E. Obligation to Fix Leaks, Breaks or Malfunctions. Excessive use, loss or escape of water through breaks, leaks 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 is prohibited and shall be repaired as soon as reasonably practicable.

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 recirculated water is prohibited.

G. 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 or a hand-held hose equipped with a positive self-closing water shutoff nozzle or device. This subsection does not apply to any commercial vehicle washing facility.

H. Drinking Water Served Upon Request Only. Eating or drinking establishments, including, but not limited to, a restaurant, hotel, café, cafeteria, bar, 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. No Installation of Single Pass Cooling Systems. Installation of single pass cooling systems is prohibited in buildings requesting new water service.

J. Limits on Commercial Car Wash and Laundry Systems. Installation of non-recirculating water systems is prohibited in new commercial conveyor car wash and new commercial laundry systems.

(Prior code § 25.101)

The City of Vernon, in its sole discretion, may determine 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 and that corrective measures shall be undertaken pursuant to a Phase I, Phase II or a Phase III Water Supply Shortage. When the City determines a water supply shortage exists, a notice thereof shall be published in a newspaper of general circulation and a copy of said notice shall be sent with each water bill or by any other mailing to the address to which the City customarily mails the billing statement for fees for water service. Any prohibitions or limitations on the use of water, beyond those established in Section 13.20.030, shall become effective 30 days after such mailing or on such a date as specified in the notice.

(Prior code § 25.102)

A Phase I Water Supply Shortage may be declared when the City Council determines it is likely that the City of Vernon will suffer a shortage in City water supplies up to 20%, but shall become mandatory when the City Council determines that the City will suffer a water shortage in excess of 20% of its normal water supplies.

In addition to the prohibited uses of water identified in Section 13.20.030, the following water conservation requirements apply during a declared Phase I Water Supply Shortage:

A. Limits on Watering Days. Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to three days per week on a schedule established and posted by the City. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 6:00 a.m. and 6:00 p.m. Pacific Standard Time. This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two gallons of water per hour. This provision also does not apply to watering or irrigating 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, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.

B. 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 72 hours of notification by the City unless other arrangements are made with the City.

(Prior code § 25.103)

A Phase II Water Supply Shortage exists when the City Council determines, in its sole discretion, 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, except that a Phase II Water Supply Shortage shall become mandatory when the City Council determines that the City will suffer a water shortage in excess of 30% of its normal water supplies. Upon the declaration by the City of a Phase II Water Supply Shortage condition, the City will implement the mandatory Phase II conservation measures identified in this section.

In addition to the prohibited uses of water identified in Sections 13.20.030 and 13.20.050, the following additional water conservation requirements apply during a declared Phase II Water Supply Shortage:

A. Watering Days. Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to two days per week on a schedule established and posted by the City. During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the City. This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two gallons of water per hour. This provision also does not apply to watering or irrigating 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, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.

B. 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 48 hours of notification by the City unless other arrangements are made with the City.

C. Limits on Filling Ornamental Lakes or Ponds. Filling or refilling ornamental lakes or ponds is prohibited, except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to declaration of a supply shortage level under this chapter.

D. 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 wash systems, or at a commercial car washing facility that utilizes a recirculating water system to capture or reuse water.

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

F. Commercial Nurseries Watering Limitations. Commercial nurseries shall be prohibited from watering lawn, landscaped or other turf areas more often than every other day and shall be prohibited from watering between the hours of 10:00 a.m. and 4:00 p.m.

G. Mandatory Water Restrictions. No customer shall make, cause, use or permit the use of City water for any purpose in excess of 85% of the amount used the same corresponding monthly billing period two years preceding the City Council declaring a Phase I Water Supply Shortage. In the case of newly established business, no restriction shall be required until such time that the business has been established for one year, at which time the preceding year's corresponding monthly billing shall be used to determine the businesses monthly water consumption.

(Prior code § 25.104)

A Phase III Water Supply Shortage condition is also referred to as an "Emergency" condition. A Phase III condition exists when the City of Vernon declares a water shortage emergency or when the City Council determines that the City will suffer a shortage of more than 50% of its normal water supplies. Upon the declaration of a Phase III Water Supply Shortage condition, the City shall notify its residents and businesses that a significant reduction in consumer demand is necessary to maintain sufficient water supplies for public health and safety and shall implement the mandatory Phase III conservation measures identified in this section.

In addition to the prohibited uses of water identified in Sections 13.20.030, 13.20.050 and 13.20.060, the following water conservation requirements apply during a declared Phase III Water Supply Shortage Emergency:

A. No Watering or Irrigating. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited. This restriction does not apply to the following categories of use, unless the City has determined that recycled water is available and may be applied to the use:

1. Maintenance of vegetation, including trees and shrubs, that are watered using a hand-held bucket or similar container, handheld hose equipped with a positive self-closing water shut-off nozzle or device;

2. Maintenance of existing landscape necessary for fire protection;

3. Maintenance of existing landscape for soil erosion control;

4. Maintenance of plant materials identified to be rare or essential to the well-being of protected species;

5. Maintenance of landscape within active public playing fields and school grounds, provided that such irrigation does not exceed two days per week according to the schedule established in Section 13.20.060(A) and the time restrictions as established in Section 13.20.050(A);

6. Actively irrigated environmental mitigation projects.

B. 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 24 hours of notification by the City unless other arrangements are made with the City.

C. Commercial Nurseries Watering Limitations. Commercial nurseries shall be prohibited from watering lawn, landscaped or other turf areas more often than every third day and shall be prohibited from watering between the hours of 6:00 a.m. and 6:00 p.m.

D. Mandatory Water Restrictions. No customer shall make, cause, use or permit the use of City water for any purpose in excess of 75% of the amount used the same corresponding monthly billing period two years preceding the City Council declaring a Phase I Water Supply Shortage. In the case of a newly established business, no restriction shall be required until such time that the business has been established for one year, at which time the preceding year's corresponding monthly billing period shall be used to determine the businesses monthly water consumption.

E. Fire Hydrant Use. The use of water from a fire hydrant shall be limited to fire fighting and related activities. Other uses of City water for municipal purposes shall be limited to activities necessary to maintain the public health, safety and welfare.

F. Customer Water Conservation Report. The City may, by written request, require all commercial and industrial customers using 100 acre feet or more per year of potable water to submit a water conservation plan and quarterly progress reports on such plan. The conservation plan shall include recommendations for increased water savings, including increased water recycling based on feasibility. The quarterly report shall include progress to date on implementation of such recommendations.

(Prior code § 25.105)

The General Manager of Public Utilities of the City of Vernon shall develop such procedures as are necessary to process applications for relief and shall, upon the filing by a customer of an application for relief, take such steps as are reasonable to resolve the application.

A. A customer may file an application for relief from any provision of this chapter.

B. The application for relief may include a request that the customer be relieved, in whole or in part, from the City water use curtailment provisions of Section 13.20.060(G) or 13.20.070(D).

(Prior code § 25.106)

A. For each violation by any customer of the water use curtailment provision of Section 13.20.060(G), a surcharge shall be imposed in an amount equal to 50% of the portions of the water bill that exceeds the respective percentages set in said section. For each violation by any customer of the water use curtailment provision of Section 13.20.070(D), a surcharge shall be imposed in an amount equal to 100% of the portions of the water bill that exceeds the respective percentages set in said section.

B. Violation by any customer of any other water use prohibitions of this chapter shall be penalized as follows:

1. First Violation. A written notice of a first violation shall be issued to the customer.

2. Second Violation. For a second violation the City shall impose a surcharge in an amount equal to 10% of the customer's water bill.

3. Third and Subsequent Violations. For a third and each subsequent violation, the City may impose an additional surcharge of 10% for each such violation and the City may install a flow restricting device on the service of the customer at the premises at which the violation occurred for a period determined by the General Manager of Public Utilities. The City shall charge the customer the reasonable costs incurred for installing and for removing the flow-restricting device and for restoration of normal service. The charge shall be paid before service can be restored.

C. The City of Vernon shall give notice of violation to the customer committing the violation in writing by certified mail to the address as appears on the regular water bill.

(Prior code § 25.107)

A. Any customer receiving notice of a second or subsequent violation of this chapter shall have a right to a hearing by the General Manager of Public Utilities of the City of Vernon.

B. Within 30 days of mailing of the notice of violation, the customer must file a timely written request for a hearing with the General Manager of Public Utilities, which request shall automatically stay installation of a flow-restricting device on the customer's premises until a decision has been rendered.

C. The customer's request for a hearing shall not stay the imposition of a surcharge. The customer shall deposit with the City of Vernon money in the amount of any surcharge due. If it is determined that the surcharge was wrongly assessed, the City of Vernon will refund any money deposited to the customer.

D. Notice of the decision of the General Manager of Public Utilities shall be given in writing.

(Prior code § 25.108)

Any determination or decision by the General Manager of Public Utilities may be appealed to the City Council. Such appeal shall be filed within 30 days of said determination or decision. The decision of the City Council shall be final.

(Prior code § 25.109)

The City Council may make a determination of Phase I, II or III Shortage and the need to implement conservation measures as set forth in this chapter by resolution. The General Manager of Public Utilities shall file a report and documentation supporting the need for such a determination with the City Council. If the City Council makes a determination, its resolution shall set forth the findings which support such determination.

(Prior code § 25.110)

Nothing in this chapter shall be construed to require the City of Vernon to curtail the supply of water to any customer when such water is required by that customer to maintain an adequate level of public health and safety.

(Prior code § 25.111)

The Department of Water Resources State Model Water Efficient Landscape Ordinance as amended from time to time is adopted by reference and is incorporated as part of this chapter and shall become effective January 5, 2018.

Three copies of the most current Department of Water Resources State Model Water Efficient Landscape Ordinance are on file in the office of the City Clerk.

(Prior code § 25.112)