Woodlake Municipal Code Ch. 13.12 Water Conservation Regulations

It is the purpose and intent of this chapter to minimize outdoor water use and to control unnecessary consumption of the available potable water supplies in the city.

(Ord. 498 § 1, 1995)

The provisions of this chapter shall apply to all persons, customers and property within the city limits.

(Ord. 498 § 2, 1995)

No one within the city shall knowingly make, cause, use or permit the use of water 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 conservation stage in effect pursuant to action taken by the city council.

By resolution the city council, will from time to time, put into effect the following stages applicable to water use within the city.

A. STAGE 1: Prohibition on Water Waste. The following uses of water are defined as "waste of water" and are prohibited except as otherwise authorized. The restrictions shall apply to all persons year round unless a more stringent water conservation stage is implemented.

1. The use of water which allows substantial amounts of water to run off to a gutter, ditch or drain. Every water user is deemed to have her/his/its water distribution lines and facilities under her/his/its control at all times and to know the manner and extent of her/his/its water use and excess run-off. Overwatering of lawns, gardens, landscaped areas, trees, shrubs or other plants must be avoided;

2. The use of water for evaporative (swamp) coolers without recirculation pumps is strictly prohibited;

3. 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 (48) hours after discovery is a reasonable time within which to correct such leak or break;

4. 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, except where necessary to dispose of liquids or substances that would endanger the public's health and/or safety;

5. The emptying and refilling of water to swimming pools and/or spas between the hours of 11:00 a.m. and 6:00 p.m. local time from June 1st through August 31st.

B. STAGE 2: Partial Voluntary Compliance—Water Alert. Effective June 1st through August 31st, 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 only on designated days between 7:00 p.m. and 10:00 a.m. local time. No watering during the day between 10:00 a.m. and 7:00 p.m. local time. Excessive watering beyond beneficial use is prohibited. Irrigation of lawns, gardens, landscaped areas, trees, shrubs or other plants is permitted at any time if:

a. A hand-held hose with a 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 or mist irrigation system is used.

Exception: City parks, other city maintained properties, commercial nurseries, similar establishments, and new landscapes are exempt from Stage 2 irrigation restrictions, but will be requested to curtail all nonessential water use.

2. Designated days are:

a. Even numbered addresses:

b. Odd numbered addresses:

3. The washing of automobiles, trucks, trailers, boats, airplanes and other types of mobile equipment is permitted only on designated irrigation days. Such washing, when allowed, shall be done with a hand-held bucket and/or a hand-held hose equipped with a positive shutoff nozzle for quick rinses and shall be performed only on the vehicles and other equipment owned by the occupant of the property. The washing of such vehicles and other equipment should be performed on lawn areas to obtain maximum beneficial use of the water and to reduce runoff waste.

Exception: Washing may be done at any time on the immediate premises of a commercial car wash. Car washes by nonprofit community group(s) or organizations may be permitted subject to the following:

a. Permit for car wash must be obtained from the city;

b. Responsible person or persons shall sign the permit, assure compliance with regulations and remain at the site the entire time the car wash is taking place;

c. Organization or group applying for a car wash permit shall provide written authorization from the property owner authorizing the car wash on their property;

d. No more than two car washes shall be allowed per month. Permits will be issued on a first come first serve basis except two consecutive permits shall not be issued to the same organization or group unless no other organization or group applies for a permit;

e. Hours of operation shall be from 9:00 a.m. to 6:00 p.m.;

f. Washing shall be done with a hand-held bucket and/or hand held hose equipped with a positive shut off nozzle for quick rinses;

g. All car wash activities shall stop immediately upon the direction of a Woodlake police officer or Woodlake public works employee.

Vehicle/equipment washing may be exempted from these regulations if the health, safety and/or welfare of the public is contingent upon frequent vehicle cleanings, such as garbage and septic hauling trucks and vehicles used to transport food and perishables.

4. The emptying and refilling of water in swimming pools and or spas will be allowed on designated days between the hours of 7:00 p.m. and 10:00 a.m. local time.

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

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

7. All restaurants are requested to serve water only upon specific customer request.

C. STAGE 3. Mandatory Compliance—Water Warning. Upon implementation by city council 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. All outdoor irrigation of vegetation, including irrigation of city parks, schools, houses, business and district lawns, shall occur only between 6:000 p.m. and 10:00 a.m. local time on designated days. No watering during the day between 10:00 a.m. and 6:00 p.m. local time.

2. Designated days are:

a. Even numbered addresses:

b. Odd numbered addresses:

3. The draining and refilling of swimming pools and/or spas shall be by permit only issued by the city council.

4. All restaurants must serve water only upon specific customer request.

D. STAGE 4: Mandatory Compliance—Water Emergency. Upon implementation by the city council 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 that:

1. All outdoor irrigation of vegetation shall be allowed only between 6:00 p.m. and 8:00 a.m. local time on designated days. No watering during the day between 8:00 a.m. and 6:00 p.m. local time.

2. Designated days are:

a. Even numbered addresses:

b. Odd numbered addresses:

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 not in the immediate interest of the public health, safety and/or welfare shall be prohibited.

4. The use of water from fire hydrants shall be limited to fire fighting and/or other activities immediately necessary to maintaining the health, safety and/or welfare of the citizens of Woodlake.

5. Commercial nurseries shall water only on designated days and shall use only hand-held hoses, drip or mist irrigation systems, or hand-held buckets between the hours of 6:00 a.m. and 8:00 p.m. local time; otherwise, sprinklers are permitted only between 8:00 p.m. and 6:00 a.m. local time on designated days.

6. The operation of any ornamental fountain, waterfall or similar structure is prohibited.

7. The draining and refilling of swimming pools is prohibited.

E. STAGE 5: Mandatory Compliance—Extreme Water Crisis. Upon implementation by the city council 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 that:

1. All outdoor irrigation of vegetation is prohibited.

2. Washing of vehicles shall be done only by a commercial car wash using recycled or reclaimed water.

3. Designated days are:

a. Even numbered addresses:

b. Odd numbered addresses:

(Ord. No. 591, § 2, 4-13-2015; Ord. 498 § 3, 1995; Ord. No. 613, § 2, 8-14-2017)

Low-flush volume, water-saving toilets shall be installed in all new construction for which building permits are issued after the effective date of the ordinance codified in this chapter.

(Ord. 498 § 4, 1995)

The city shall make sure that:

A. A one-time mailing will provide written notice (in English or Spanish) of the amended water conservation ordinance.

B. Each new applicant for water service will be provided a copy of the water conservation regulations in English or Spanish and the stage that is in effect.

C. Notice will be published in a local newspaper in English and Spanish to advise the effective date of the stage to be implemented each time there is a change.

D. Adequate projected reserve water capacity exists to support any new development prior to the approval by the city council. Adequate projected water supplies must exist before any additional demand is placed upon the city's water system to ensure sufficient water to all existing hookups.

(Ord. 498 § 5, 1995)

The city administrator shall monitor the projected supply and demand for water within the city and shall recommend to the city council the extent of the conservation required through the implementation and/or termination of particular conservation stages in order to assure the water supply of the city. Thereafter the city council may order that the appropriate phase of water conservation be implemented or terminated in accordance with the applicable provisions of this chapter at a regularly scheduled meeting. The order shall be made by the adoption of an appropriate resolution which shall be published in English and Spanish a minimum of one time in a local newspaper.

(Ord. 498 § 6, 1995)

A violation of this Chapter is not punishable as an infraction or misdemeanor, a violation of this Chapter is punishable only by an administrative fine. Any person who violates any provisions of any ordinance enacted by the city, as amended from time to time, or any person who owns property upon which a violation exists, irrespective of whether that person caused the violation, shall be subject to an administrative fine or penalty up to the maximum amounts set forth by Woodlake Municipal Code Chapter 1.12.070.

Persons cited for violating this Chapter may request an administrative appeal hearing as permitted by Woodlake Municipal Code Chapter 1.12.110.

(Ord. 498 § 7, 1995)

(Ord. No. 641, § 2, 11-8-2021)

In addition to any other remedies which may otherwise be available to the city the city council makes the following findings and declarations:

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, to wit, water. Such conditions cause injury to the health, safety and/or general welfare of the citizens of Woodlake.

Therefore, the waste of water within the city, on private or public property, except as expressly permitted hereinabove, 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 attorney, in any court of competent jurisdiction.

(Ord. 498 § 8, 1995)

All police officers and persons authorized by law to issue citations within the city shall, in conjunction with the duties imposed upon them by law, diligently enforce the provisions of this chapter.

All employees of the city are encouraged to notify the police department of any perceived violations of this chapter.

(Ord. 498 § 9, 1995)

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:

Written application for exception may be granted by the city administrator, with approval by the city council, if:

A. 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

B. Compliance with this chapter would cause a condition affecting the health, sanitation, fire protection and/or safety of the applicant or the public.

(Ord. 498 § 10, 1995)