Wasco Municipal Code Ch. 13.22 Water Conservation Measures

Sections: 13.22.010 Purpose. 13.22.020 Short title. 13.22.030 Authorization. 13.22.040 Application. 13.22.050 Outdoor water use--Water conservation stages. 13.22.060 Mandatory conservation phase implementation. 13.22.070 Enforcement. 13.22.080 Public nuisance definitions. 13.22.090 Enforcement officers. 13.22.100 Exceptions.

A. The city council finds and determines that because of the prevailing conditions in the state, and the declared policy of the state, it is necessary and appropriate for the city to adopt, implement, and enforce a water conservation program to reduce the quantity of water used by persons within the city to ensure that there is sufficient water for human consumption, sanitation, and fire protection. The city council further finds and determines that during periods of drought, water shortages, and water shortage emergencies the general welfare requires that the city maximize the beneficial use of its available water resources to the extent that it is capable, and that the waste or unreasonable use, or unreasonable method of use, of water shall be prevented and the conservation of water is to be extended with the view to the reasonable and beneficial use thereof in the interests of the people of the city and for the public health, safety, and welfare.

B. This chapter establishes water conservation and drought response measures and regulations to be implemented during declared water conservation stages.

C. This chapter establishes five stages of water conservation and drought response measures to be implemented by the city, with increasing restrictions on water use in response to decreasing water supplies and worsening drought conditions.

D. The purposes of the water conservation provisions of this chapter are to:

1. Protect the health, safety, and welfare of the citizens and property owners of the city;

2. Assure the maximum beneficial use of city water supplies; and

3. Attempt to provide sufficient water supplies to meet the basic needs of human consumption, sanitation,
and fire protection.

E. This chapter is not intended to repeal, abrogate, annul, impair or in any way interfere with the free use of property by covenant, deed, or other private agreement or with restrictive covenants running with the land to which the city provides water services.

F. Nothing in this chapter is intended to affect or limit the ability of the city to respond to an emergency, including an emergency that affects the ability of the city to supply water. (Ord. 643 §2, 2014; Ord. 583, 2009).

This chapter shall be known as the "Water Conservation Ordinance of the City of Wasco." (Ord. 583, 2009).

The city council authorizes and directs the city manager to implement the applicable provisions of this chapter upon the city council’s determination that such implementation is reasonably necessary to protect public health, welfare and safety. (Ord. 643 §2, 2014; Ord. 583, 2009).

The provisions of this chapter shall apply to all persons, customers, and property within the limits of the city and all property served by the city, wherever situated. (Ord. 643 §2, 2014; Ord. 583, 2009).

A. It is unlawful at any time for any person to make, cause, or use or permit the use of water from the city for residential, commercial, industrial, governmental, or any other purpose in a manner contrary to any provision of this chapter, or in an amount in excess of that use permitted by the water conservation stages which are in effect pursuant to this chapter or by action taken by the city council in accordance with this chapter. The water conservation and drought response measures set forth in this section shall be in effect at all times.

B. It is unlawful at any time for any person to waste water or to use it unreasonably. Unreasonable uses of water shall include, but are not limited to, the following practices:

1. Allowing water to leave a person’s property by drainage onto adjacent properties or public or private
roadways or streets due to excessive irrigation and/or uncorrected leaks;

2. Failing to repair a water leak.

C. A water conservation stage shall be determined in accordance with the provisions of this chapter. A water conservation stage shall remain in full force and effect until otherwise determined or discontinued by resolution of the city council declaring that existing water supply conditions and the supply of water available for distribution within the city’s service area has been replenished or augmented.

D. The city may declare a water shortage emergency during any water conservation stage.

E. During Water Conservation Stage 1, the water conservation and drought response measures of Water Conservation Stage 1 are voluntary and will be enforced through local and regional public education and awareness measures by the city.

F. During Water Conservation Stages 2 through 5, the water conservation and drought response measures are mandatory and violations are subject to criminal, civil, and administrative penalties and remedies as specified in this chapter and state law.

G. The city manager shall promulgate guidelines which shall set forth the criteria for determining when a particular conservation stage is to be implemented and terminated. Such guidelines shall be updated when, in the opinion of the city manager, the conditions of the water utility system have changed so as to necessitate such update. The city manager shall include in such guidelines a scheduling system designating permitted days for irrigation by customers. Said guidelines shall be available for inspection at the city clerk’s office.

H. Stage 1. Prohibition on Waste of Water. The following uses of water are defined as "waste of water" and are prohibited except as otherwise authorized. The restrictions provided herein shall apply to all persons year-round unless removed upon adoption of a more stringent water conservation stage.

1. The use of water which allows substantial and unreasonable amounts of water to run into a gutter, ditch, or drain. Every water user is deemed to have his water distribution lines and facilities under his control at all times and to know the manner and extent of his water use and excess runoff.

   2. The excessive use, loss, or escape of water through breaks, leaks, or malfunctions in the water user’s plumbing or distribution facilities for any period of time after such escape of water should reasonably have been discovered and corrected. It shall be presumed that a period of forty-eight hours after discovery is a reasonable time within which to correct such leak or break.

   3. The washing of vehicles, building exteriors, sidewalks, driveways, parking areas, tennis courts, patios or other paved areas without the use of a positive shut-off nozzle on the hose, which results in excessive runoff, except where necessary to dispose of liquids or substances that could endanger the public’s health, welfare and safety.

Exception: Commercial nurseries, farmers, parks and similar establishments are exempt from restrictions in this subsection H, but will be requested to minimize water waste at all times.

I. Stage 2. Mandatory Compliance--Minimum Water Shortage Alert. Upon implementation by the city manager and publication of notice, the following restrictions shall apply to all persons. All elements of Stage 1 shall remain in effect in Stage 2 except that:

1. Irrigation utilizing individual sprinklers or sprinkler systems of lawns, gardens, landscaped areas, trees,
shrubs, or other plants is permitted as follows: If the last digit of a street address is an even number, watering

may only occur on Sunday, Tuesday, Thursday and Saturday; and if the last digit of a street address is an odd number, watering may only occur on Monday, Wednesday, Friday and Sunday. All watering shall occur only between the hours of twelve a.m. (midnight) to five a.m. and seven p.m. to eleven fifty-nine p.m. on the designated days. Irrigation of lawns, gardens, landscaped areas, trees, shrubs, or other plants is permitted at the same times on the aforementioned days if:

a. A hand-held hose with an automatic positive shut-off nozzle is used; or

b. A hand-held, faucet-filled bucket of five gallons or less is used; or

c. A drip irrigation system is used.

Exception: Commercial nurseries, farmers, and similar establishments are exempt from Stage 2 irrigation restrictions, but will be requested to curtail all nonessential water use.

2. The washing of automobiles, trucks, trailers, boats, airplanes, and other types of mobile equipment is permitted only on designated irrigation days between the hours of eight a.m. and six p.m. Such washing, when allowed, shall be done with a hand-held bucket, or a hand-held hose equipped with an automatic positive shut-off nozzle for quick rinses.

   Exception: Washing may be done at any time on the immediate premises of a commercial car wash or commercial service station. Further, the aforementioned washing is exempt from these regulations if the health, safety, and welfare of the public is contingent upon frequent vehicle cleanings, such as in the cases of garbage trucks and vehicles to transport food and perishables.

   3. The emptying and refilling of water to swimming pools and/or spas is permitted only on designated irrigation days between the hours of twelve a.m. (midnight) to five a.m. and seven p.m. to eleven fifty-nine p.m.

   4. The operation of any ornamental fountain or other structure making similar use of water is prohibited unless the fountain uses a recycling system, such as an electric pump.

   5. The washing of sidewalks, driveways, parking areas, courts, patios, or other paved or hard surface areas is absolutely prohibited, unless it is necessary for the health, safety, and welfare of the public.

   6. Construction operations receiving water from a construction meter or water truck shall not use water unnecessarily for any purpose other than those required by regulatory agencies. Construction projects requiring watering for new landscaping materials shall adhere to the designated irrigation requirements set forth in subsection (I)(1) of this section.

   7. Use of water from fire hydrants shall be limited to fire fighting and/or other activities immediately necessary to maintaining the health, safety, and welfare of the citizens of Wasco.

J. Stage 3. Mandatory Compliance--Moderate Water Shortage Warning. Upon implementation by the city manager and publication of notice, the following restrictions shall apply to all persons. All elements of Stage 2 shall remain in effect in Stage 3 except that:

1. Customers are permitted to water lawns as follows: If the last digit of a street address is an even number, watering may only occur on Sunday, Wednesday, and Friday; and if the last digit of a street address is an odd number, watering may only occur on Saturday, Tuesday, and Thursday. All watering shall occur only between the hours of twelve a.m. (midnight) to five a.m. and seven p.m. to eleven fifty-nine p.m.

2. The irrigation of lawns, gardens, landscaped areas, trees, shrubs, or other plants shall be limited to the same times on the designated days regardless of the manner of irrigation.

3. The draining and refilling of swimming pools and/or spas will be allowed by permit only.

4. The number of new construction meters shall not exceed the number of currently authorized meters removed from service. A new meter shall be issued only when an old meter is returned. Construction projects requiring water from a construction meter or a water truck shall not use water unnecessarily for any purposes other than those required by regulatory agencies. Construction projects requiring water for new landscapes shall adhere to the designated days and watering windows as set forth in subsection (J)(1) of this section. Further, construction projects necessary to maintain the health, safety, and welfare of the public, as determined by the city, are exempt from these regulations.

K. Stage 4. Mandatory Compliance--Severe Water Shortage Emergency. Upon implementation by the city manager and publication of notice, the following restrictions shall apply to all persons. All elements of Stage 3 shall remain in effect in Stage 4 except:

1. Customers are permitted to water lawns as follows: If the last digit of a street address is an even number, watering may only occur on Sunday and Thursday; and if the last digit of a street address is an odd number, watering may only occur on Saturday and Wednesday. All watering shall occur between the hours of twelve a.m. (midnight) to five a.m. and seven p.m. to eleven fifty-nine p.m.

2. The irrigation of lawns, gardens, landscaped areas, trees, shrubs, or other plants shall be limited to the same times on the designated days regardless of the manner of irrigation.

3. The washing of automobiles, trucks, trailers, boats, airplanes, and other types of mobile equipment, not occurring upon the immediate premises of commercial car washes and commercial service stations, is prohibited unless such washing is in the immediate interest of the public health, safety, and welfare.

4. Commercial nurseries, farmers, and similar establishments shall water only on designated days between the hours of ten a.m. and six p.m. and shall only use hand-held hoses equipped with positive shut-off nozzles, drip irrigation systems, or hand-held buckets.

5. The operation of or any refilling of water to swimming pools, artificial ponds and fountains is prohibited.

6. The use of water for cooling mists is prohibited.

7. No new construction meters will be issued. Construction water shall not be used for earth work, road construction purposes, dust control, compaction, or trenching jetting. Construction projects necessary to maintaining the health, safety, and welfare of the public, as determined by the city, are exempt from these regulations.

L. Stage 5. Mandatory Compliance--Critical Water Shortage Emergency. Upon implementation by the city manager and publication of notice, the following restrictions shall apply to all persons. All elements of Stage 4 shall remain in effect in Stage 5 except:

1. Customers are absolutely prohibited from outdoor watering and irrigation of lawns and ground cover at any time.

2. The washing of automobiles, trucks, trailers, boats, airplanes, and other types of mobile equipment, not occurring upon the immediate premises of commercial car washes and commercial service stations which utilize recirculated or recovered water, is prohibited unless such washing is in the immediate interest of the public health, safety, and welfare.

   3. Provided the city council has declared a water shortage emergency pursuant to California Water Code Section 350 et seq., the city shall not allow any new connections to the water system during Water Conservation Stage 5. (Ord. 652 §1, 2015; Ord. 651 §2, 2015; Ord. 650 §2, 2015; Ord. 643 §2, 2014; Ord. 589, 2009; Ord. 583, 2009).

The public works department shall monitor the projected supply and demand for water within the city and shall recommend to the city manager the extent to which water conservation is required through the implementation and/or termination of particular conservation stages aimed at assuring the water supply of the city. Thereafter, the city manager, as directed by city council, may order that the appropriate phase of water conservation be implemented or terminated in accordance with the applicable provisions of this chapter. Said order shall be made by public announcement and shall be published at least once in a daily newspaper of general circulation and shall continue to be published at least once per month until such time as all restrictions are removed. The order shall become effective immediately upon such publication. The city council will approve the conservation stage at a regularly scheduled meeting at least fourteen days prior to implementation by the city manager. (Ord. 583, 2009).

It is one of the objectives of the city council that the citizens of Wasco comply with the provisions of this chapter. Therefore, in furtherance of said objective, the enforcement of this chapter will be subject to Chapter 1.20 (Administrative Citations). Any fine, penalty, interest, or costs imposed on a violator of this chapter under Chapter 1.20 may, in addition to all other remedies available to the city thereunder, be added to the violator’s water bill described in Section 13.14.030 and thereafter be subject to enforcement therein including, without limitation, disconnection or turnoff of water service. (Ord. 639 §1, 2014; Ord. 583, 2009).

In addition to any other remedies which may otherwise be available to the city, the city council finds and declares that the waste of water, as that term is defined herein, on public or private property within the city is found to contribute to and compound drought conditions which may, from time to time, exist in the city, to the detriment of one of our most precious and finite resources, that is, water. Such water shortage conditions may result in injury to the health, safety, and general welfare of the citizens of Wasco. Therefore, the wasting of water within the city, whether on private or public property, and except as expressly permitted in this chapter, is declared to constitute a public nuisance which may be abated in an action brought on behalf of the people of the state of California, by the city manager, city attorney, or designee pursuant to applicable law, and/or in any court of competent jurisdiction. (Ord. 583, 2009).

A. All peace officers and persons authorized by law to issue citations within the city are authorized, in conjunction with duties imposed by the law, to diligently enforce the provisions of this chapter.

B. Pursuant to the provisions of Section 836.5 of the Penal Code, the following officers and employees of the city are designated as enforcement officers and authorized to issue citations for enforcement of this chapter:

1. City manager;

2. Assistant city manager;

3. Director of public works;

4. Finance director;

5. Chief building official;

6. Code enforcement officers;

7. Water supervisor. (Ord. 583, 2009).

Consideration of written applications for exceptions regarding regulations and restrictions on water use not otherwise set forth in previous sections of this chapter shall be as follows:

A. Written application for exception may be granted by the city manager;

B. Exceptions may be granted if:

1. Compliance with this chapter would cause an unnecessary and undue hardship to the applicant,
including, but not limited to, adverse economic impacts, such as loss of production or jobs; or

2. Compliance with this chapter would cause a condition affecting the health, sanitation, fire protection, or
safety of the applicant or the public. (Ord. 583, 2009).

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 583, 2009).