There is established a city mandatory water conservation plan. (Prior code § 9-150)

It is declared that, because of the conditions prevailing in the city and in the areas of this state and elsewhere from which the city obtains its water supplies, because water needs are projected to increase in the future and while water is a renewable resource, it is a finite one, the general welfare requires that the water resources available to the city be put to the maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use or unreasonable method of use of water be prevented, and the conservation of such waters is to be exercised with a view to the reasonable and beneficial use thereof in the interests of the people of the city and for the public welfare. (Ord. 5112 § 61, 1996: prior code § 9-151)

The purpose of this chapter is to provide a mandatory water conservation plan to minimize the effect of a shortage of water to the customers of the city and, by means of this chapter, to adopt provisions that will significantly reduce the consumption of water over an extended period of time thereby extending the available water required for the customers of the city, to protect basic human health, safety and quality of life, to share the impacts caused by the water shortage in accord with the severity of the water shortage, and to minimize the hardship to the city and the general public to the greatest extent possible. (Ord. 5112 § 62, 1996: prior code § 9-153)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined within individual sections of this chapter:

"California-friendly plantings" or "California-friendly landscaping" means those landscape plantings, including, but not limited to, trees, shrubs, perennials, groundcovers, ornamental grasses and California-native plants, that require low water use for maintenance and that are included in the Metropolitan Water District's California Friendly Garden Guide catalogue, available at http://www.bewaterwise.com.

"Dining establishment" means a catering business or a restaurant, hotel, cafe, cafeteria or other public place where food or drink is sold, served or offered for sale.

"Low income individual" means any individual that is eligible for participation in the division's public benefit charge low-income program.

"Potable water" shall be defined as set forth in Section 13.38.020 of this code.

"Process water" means water used to manufacture, alter, convert, clean, heat or cool a product, or the equipment used for such purpose; water used for plant and equipment washing and for transporting the raw materials and products; and water used to grow and maintain trees and plants for sale or installation. Process water does not include water used in the preparation of food or drinks.

"Recycled water" shall be defined as set forth in Section 13.38.020 of this code.

(Ord. No. 5660, § 3, 6-30-2009; Ord. 5112 § 63, 1996; prior code § 9-154)

The provisions of this chapter shall apply to all water customers and property served water by the department wherever situated, and shall also apply to all property and facilities owned, maintained, operated or under the jurisdiction of the various officers, boards, departments or agencies of the city.

(Ord. No. 5660, § 4, 6-30-2009; prior code § 9-156)

No potable water customer of the public service department shall make, cause, use, or permit the use of water from the department for residential, commercial, industrial, agricultural, 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 phase then in effect pursuant to action taken by the city council in accordance with the provisions of this chapter.

A. Prohibited Uses Applicable to All Customers.

1. There shall be no hose washing of sidewalks, walkways, driveways, or parking areas, tennis courts, patios, porches or other paved areas, except that flammable or other dangerous substances may be disposed of by direct hose flushing by public safety officers for the benefit of public health and safety.

2. There shall be no use of water for any purpose which results in overspray, runoff in flooding or runoff onto hardscape, driveways, streets, adjacent lands or into gutters.

3. No water shall be used to clean, fill or maintain levels in decorative fountains or similar structures unless such water is part of a recirculation system or unless such water is recycled water, which must be clearly posted.

4. No customer of the department shall permit water to leak from any facility on his premises; failure to effect the repair of any leak, within seventy-two hours after the customer is notified of or discovers the leak, shall subject said customer to all penalties provided herein for waste of water.

5. No landscaped or vegetated areas including, but not limited to grass, lawn, groundcover, shrubbery, annual and perennial plants, crops, and trees, including golf courses and school areas, shall be watered, sprinkled, or irrigated between the hours of ten a.m. and five p.m. Irrigation using recycled water is exempt from this limitation but must be clearly posted.

6. No landscaped or vegetated areas shall be watered, sprinkled or irrigated on days when the wind is blowing causing overspray and on days when it is raining.

7. The washing of commercial and noncommercial privately owned automobiles, trucks, trailers, motor homes, boats, busses, airplanes and other types of vehicles is restricted to use of a hand-held bucket and quick rinses using a hose with a positive shutoff nozzle. Exceptions: the use of wash water which is on the immediate premises of a commercial car wash or commercial service station; or where health, safety and welfare of the public is contingent upon frequent vehicle cleaning, such as garbage trucks and vehicles which transport food and perishables.

8. Owners of outdoor swimming pools, wading pools or spas, when these are not in use, are requested to use covers to minimize the evaporation of water.

9. Water for construction purposes including but not limited to debrushing of vacant land, compaction of fills and pads, trench backfill and other construction uses, shall be used in an efficient manner which will not result in runoff. Recycled water is to be used where it is an available and feasible alternative source of water.

10. The use of potable water from fire hydrants shall be limited to firefighting, related activities or other activities immediately necessary to maintain the health, safety and welfare of the residents of the city.

11. No restaurant, hotel, cafe, cafeteria or other public place where food is sold, served or offered for sale, shall serve drinking water to any customer unless expressly requested by the customer.

12. Hotels and motels are requested to post notices informing their guests about the city's "no water waste policy" and urging guests to conserve water. (Ord. 5112 § 64, 1996)

A. Phase I.

1. Water Use Restrictions.

a. No use of water may be made contrary to the provisions of the no water waste policy set forth in Section 13.36.060A.1. through 14.

B. Phase II.

1. Water Use Restrictions.

a. No use of water may be made contrary to the no water waste policy set forth in Section 13.36.060A.1. through 14.

b. During conservation phase II, the following additional water use restrictions shall also be in effect:

i. Decorative Fountains. The use of potable water to clean, fill or maintain levels in decorative exterior fountains or similar exterior structures is prohibited.

ii. Lakes or Ponds. The use of potable water to fill decorative lakes or ponds is prohibited.

iii. Landscape Irrigation Days and Durations. The use of potable water to irrigate any landscaped or vegetated areas shall only be permitted on Tuesdays, Thursdays and Saturdays, for no more than ten (10) minutes per watering station per permitted irrigation day. Irrigation by a drip irrigation system or with low-flow sprinkler heads that require additional spray time are exempt from the time limitation, but such irrigation shall be limited to the permitted irrigation days and times of day. The restriction on landscape irrigation days and durations shall not apply to:

(a) An area designated by the fire chief or city engineer as an area that must be watered for fire prevention or for erosion control;

(b) Commercial nurseries and commercial growers that water to the extent necessary to sustain plants, trees, shrubs, crops or other vegetation intended for lawful commercial sale; and

(c) Irrigation with recycled water in a manner that complies with all applicable laws.

iv. Landscaping Projects. Except for California-friendly landscaping, there shall be a deferral of all new or retrofit landscaping or turf planting requiring potable water service for irrigation. However, the deferral shall not be required for any new or retrofit landscaping plans that have been approved in accordance with Chapter 30.47 of the code prior to the date of adoption of a resolution implementing conservation phase II, III, IV or V, as applicable.

v. New and Retrofit City and Agency Landscapes. Except for California-friendly landscaping, there shall be a deferral of all new and retrofit landscape and turf planting which requires potable water service for irrigation, on any property owned, controlled or maintained by the city or the redevelopment agency. However, the deferral shall not be required for any new or retrofit landscaping plans that have been approved in accordance with Chapter 30.47 of the code prior to the date of adoption of a resolution implementing conservation phase II, III, IV or V, as applicable.

C. Phase III.

1. Water Use Restrictions.

a. Except as further restricted or as amended by this subsection C., no use of water may be made contrary to the provisions of the no water waste policy set forth in Section 13.36.060A.1. through 14. and conservation phase II as set forth in subsection B. of this section.

b. During conservation phase III, the following additional water use restrictions shall also be in effect:

i. Decorative Fountains. The use of potable water to clean, fill or maintain levels in decorative fountains or similar structures, whether such fountains or structures are on the interior or exterior of a site, is prohibited.

ii. Landscape Irrigation Days and Durations. The use of potable water to irrigate any landscaped or vegetated areas shall only be permitted on Tuesdays and Saturdays, for no more than ten (10) minutes per watering station per permitted irrigation day. Irrigation by a drip irrigation system or with low-flow sprinkler heads that require additional spray time are exempt from the time limitation, but such irrigation shall be limited to the permitted irrigation days and times of day. The restriction on landscape irrigation days and durations shall not apply to:

(a) An area designated by the fire chief or city engineer as an area that must be watered for fire prevention or for erosion control;

(b) Commercial nurseries and commercial growers that water to the extent necessary to sustain plants, trees, shrubs, crops or other vegetation intended for lawful commercial sale; and

(c) Irrigation with recycled water in a manner that complies with all applicable laws.

D. Phase IV.

1. Water Use Restrictions.

a. Except as further restricted or as amended by this subsection D., no use of water may be made contrary to the provisions of Section 13.36.060A.1. through 14. and conservation phases II and III as set forth in subsections B. and C. of this section.

b. During conservation phase IV, the following additional water use restriction shall also be in effect:

i. Landscape Irrigation Days and Durations. The use of potable water to irrigate any landscaped or vegetated areas shall only be permitted on Saturdays, for no more than fifteen (15) minutes per watering station. Irrigation by a drip irrigation system or with low-flow sprinkler heads that require additional spray time are exempt from the time limitation, but such irrigation shall be limited to the permitted irrigation days and times of day. The restriction on landscape irrigation days and durations shall not apply to:

(a) An area designated by the fire chief or city engineer as an area that must be watered for fire prevention or for erosion control;

(b) Commercial nurseries and commercial growers that water to the extent necessary to sustain plants, trees, shrubs, crops or other vegetation intended for lawful commercial sale; and

(c) Irrigation with recycled water in a manner that complies with all applicable laws.

E. Phase V.

1. Water Use Restrictions.

a. Except as further restricted or as amended by this subsection E., no use of water may be made contrary to the provisions of the no water waste policy set forth in Section 13.36.060A.1. through 14. and conservation phases II, III, and IV as set forth in subsections B., C. and D. of this section.

b. During conservation phase V, the following additional water use restriction shall also be in effect:

i. Landscape Irrigation Days and Durations. The use of potable water to irrigate any landscaped or vegetated areas shall only be permitted on the first and third Saturdays of each month. Irrigation is limited to the deep irrigation of trees and shrubs for no more than twenty (20) minutes per permitted watering station per irrigation day. Irrigation by a drip irrigation system or with low-flow sprinkler heads that require additional spray time are exempt from the time limitation, but such irrigation shall be limited to the permitted irrigation days and times of day. The restriction on landscape irrigation days and durations shall not apply to:

(a) An area designated by the fire chief or city engineer as an area that must be watered for fire prevention or for erosion control;

(b) Commercial nurseries and commercial growers that water to the extent necessary to sustain plants, trees, shrubs, crops or other vegetation intended for lawful commercial sale; and

(c) Irrigation with recycled water in a manner that complies with all applicable laws.

ii. Vehicle Washing. There shall be no washing of any commercial or noncommercial privately owned automobile, truck, trailer, motor home, boat, bus, airplane or other types of vehicles, except by the use of wash water which is on the immediate premises of a commercial car wash or commercial service station; or where health, safety and welfare of the public is contingent upon frequent vehicle cleaning, such as garbage trucks and vehicles which transport food and perishables.

F. Exception. The prohibited use of water from the department provided for by subsections 13.36.060A.1. through 14. and subsections A.1., B.1., C.1., D.1. and E.1. of this section are not applicable to that use of water necessary to preserve the public health and safety or for essential government services such as police, fire, and other similar emergency services.

(Ord. No. 5660, § 6, 6-30-2009; Ord. 5112 § 65, 1996; prior code § 9-157)

The department shall monitor and evaluate the projected supply and demand for water by its customers monthly, and shall recommend to the city manager the extent of the conservation required by the customers of the department in order for the department to prudently plan for and supply water to its customers. The city manager shall, in turn, notify and recommend to the city council the appropriate phase of water conservation to be implemented. Such phase implementation shall be made by council resolution. Any such resolution shall such findings or other determinations as may be required to comply with the California Environmental Quality Act. Such phase implementation and the water use restrictions for the declared conservation phase shall become operable immediately upon the effective date of the resolution of the council and shall be published once in a daily newspaper of general circulation. Each new customer of the department shall be provided with a copy of said prohibited use provisions at the time of application for service.

(Ord. No. 5660, § 7, 6-30-2009; Ord. 5112 § 66, 1996; prior code § 9-158)

A. Penalties. It is unlawful for any customer of the department to fail to comply with any of the provisions of this chapter. The penalties set forth in this section shall be additional to those penalties provided in any other section of this code. The penalties for failure to comply with any of the provisions of this chapter shall be as follows:

1. For the first observed or reported violation of any of the provisions of subsections A.1. through 14. of Section 13.36.060 and subsections A.1., B.1, C.1., D.1. or E.1. of Section 13.36.070, in accordance with the applicable water conservation phase in effect at the time of the violation, the department shall issue a written courtesy notice of the fact of such violation to the customer and a written copy of Chapter 13.36 of this title.

2. Any subsequent violation of any of the provisions of subsections A.1. through 14. of Section 13.36.060 and subsections A.1., B.1., C.1., D.1. or E.1. of Section 13.36.070, in accordance with the applicable water conservation phase in effect at the time of the violation, shall be punishable as an infraction in accordance with Chapter 1.20 of the code.

3. In addition to the penalties set forth in Chapter 1.20 of the code, the city may pursue any available civil remedies and criminal penalties, including, but not limited to, seek a court order permitting the installation of a flow-restricting device and/or disconnection of water service on the service of the customer at the premises at which the violation occurred or is occurring, together with any and all costs incurred by the city as a result of the waste of water, including, but not limited to, attorneys' fees, the costs of installation and removal of said flow restrictor and the cost of disconnection and restoration of service.

B. The general manager, or his or her designee, may enter into a written agreement to resolve any violation provided that such agreement is consistent with the purpose and intent of this chapter.

C. Reservation of Rights. The rights of the department hereunder shall be cumulative to any other rights of the department, including, but not limited to, its right to discontinue service.

(Ord. No. 5660, §§ 8, 9, 6-30-2009; Ord. 5112 § 67, 1996: prior code § 9-159)

A. All commercial and industrial customers of the department using twenty-five thousand (25,000) billing units per year or more shall submit a water conservation plan to the city manager's office and the general manager. These users shall submit quarterly to the city manager's office and the general manager a report on the progress of their conservation plans.

B. All city departments shall submit to the city manager and the general manager an annual public report on their water conservation efforts. The reports are [to] present the level of performance compared to their water conservation plans.

(Ord. No. 5660, §§ 10, 11, 6-30-2009; Ord. 5112 § 68, 1996; prior code § 9-160)

The general manager shall have the power to establish rules and regulations consistent with the provisions of this Chapter 13.36 for the administration of the provisions of this chapter.

(Ord. No. 5660, § 12, 6-30-2009)