1 ANAHEIM MUNICIPAL CODE, CHAPTER 10.18
Chapter 10.18 WATER CONSERVATION AND WATER SHORTAGE
CONTINGENCY RULES AND REGULATIONS
Sections:
10.18.010 Purpose.
10.18.020 Scope of this Chapter.
10.18.030 Definitions.
10.18.040 Authorization.
10.18.050 City Council Determination of Water Reduction Plan ImplementationShortage.
10.18.060 VoluntaryPublic Utilities Board Determination of Water Conservation MeasuresShortage.
10.18.070 Emergency Declaration of Catastrophic Water Reduction Plan I— Additional Voluntary Water Conservation MeasuresShortage.
10.18.080 Water Reduction Plan II—Mandatory MeasuresCommunication.
10.18.090 Water Shortage Reduction Plan III—Mandatory MeasuresPlans.
10.18.100 Water Reduction Plan IV—Mandatory Measures.
10.18.110 Alternative Compliance Plan.
10.18.110 Hardship Waiver.
10.18.120 Water Conservation Rate.
10.18.130 Permanent Water Conservation Requirements – Prohibition Against Water Waste.
10.18.140 Violations and Remedies.
10.18.140150 Reservation of Rights.
10.18.010 PURPOSE.
The City Council finds and determines that because of prevailing water supply conditions within the State of California and the declared policy of the State, it is necessary and 2 appropriate for the City to adopt, implement, and enforce water conservation rules and regulations to reduce water consumption within the City through conservation to ensure the reasonable and beneficial use of water and maximize its efficient use within the City. The City Council further finds and determines it is necessary and appropriate for the City to implement and enforce water shortageWater Shortage (defined below) contingency rules and regulations during periods of water supply shortagesWater Shortages and water shortage emergenciesWater Shortage Emergencies (defined below) to ensure that there is sufficient water for human consumption, sanitation, and fire protection.
10.18.020 SCOPE OF THIS CHAPTER.
.010 Except as expressly stated within this Chapter, the provisions of this Chapter shall apply to all persons, entities, and property within the City. In addition, this chapterChapter shall apply to any Customers outside of the City.
.020 The provisions of this Chapter are in addition to, and not in lieu of, the provisions of Section 10.16.380 of this Code relating to curtailed supply of electricity or water. .030 The provisions of this Chapter shall not apply to the following water uses:
.01 Any use of water necessary for (a) the testing and maintenance of the Water System or City fire suppression system, or (b) fire suppression or other similar emergency services affecting the public health and safety;
.02 Any use of water necessary to protect public health and safety as determined in the sole discretion of those persons or entities identified in Section 10.18.040.040 of this Chapter; and
.03 Any use of Recycled Water.
.040 The mandatory provisions of Sections 10.18.080, 10.18.090, and 10.18.100 shall not apply to the application of potable water to a food source between the hours of 9:00 a.m. and 5:00 p.m.;., provided that the potable water is applied through drip irrigation or a hand- held hose with a self-closing water shut-off device.
10.18.030 DEFINITIONS.
Unless specifically defined in this sectionSection, words or phrases used in this chapterChapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter the most reasonable application. .010 “Alternative Compliance Plan” means a plan approved in accordance with Section
10.18.110100 of this Chapter.
.020 “City” means the City of Anaheim located in California. 3 .030 “City Council” means the governing legislative body of the City. .040 “Code” means the municipal code of the City. Anaheim Municipal Code. .050 “Customer” has the meaning set forth in Rule 1 of the Rates, Rules and Regulations, or any successor provision thereto.
.060 “Department” means the Public Utilities Department of the City. .070 “Eligible Weather-Based Irrigation Controllers” means those eligible weather -based irrigation controllers registered with the Department and approved by the Metropolitan Water District of Southern California or the Irrigation Association Smart Water Applic ation Technologies initiative.
.080.070 “General Manager” means the General Manager of the Department. .090080 “Large Landscape Area” means an area of vegetation at least three (3) acres in size supporting a business necessity or public benefit uses, including, without limitation, parks, golf courses, schools, and cemeteries.
.100 “Local Emergency” has the meaning set forth in section 8558(c) of the California Government Code, or any successor provision thereto. The City Council may declare a Local Emergency by motion or resolution.
.110090 “Public Utilities Hearing Board” means that hearing board described in Subsection .080 of Section 1.04.730909 of the Anaheim Municipal CodeCity Charter. .120100 “Rates, Rules and Regulations” means the rate structure, the rules, and any regulations as approved by the City Council, governing that govern the use and delivery of water within the Department’s service area.
.130110 “Recycled Water” means water that is approved for purposes other than human consumption and meets the criteria set forth in Division 4 of Title 22 of the California Code of Regulations, as may be amended from time to time. Recycled Water does not include gray water.
.140120 “Sidewalk” means that portion of the roadway, set apart by curbs, barriers, markings, or other delineation for pedestrian travel.
.150130 “Water Reduction Plan” means a plan set forththe actions the City will take in this ordinanceresponse to address a a Water Shortage and that are described in the City’s Water Shortage Contingency Plan.
.140 “Water Shortage” means the City’s current or anticipated water supply shortagecannot or awill not meet water shortage emergencyCustomers’ ordinary demands or requirements without depleting the City’s water supply.
4 .150 “Water Shortage Contingency Plan” means the plan prepared by the City pursuant to Water Code section 10632 and that is incorporated into the City’s Urban Water Management Plan.
.160 “Water Shortage Emergency” means, as described in California Water Code section 350, a Water Shortage declared by the City Council in accordance with 10.18.050 of this Chapter. Specifically, these plans are contained in Sections 10.18.070 through
10.18.100after it finds and determines that the City’s current or anticipated water supply cannot or will not meet water Customers’ ordinary demands or requirements without depleting the City’s water supply to the extent that there would be insufficient water for human consumption, sanitation, and fire protection.
.160170 “Water System” has the meaning set forth in Rule 1 of the Rates, Rules and Regulations or any successor provision thereto.
10.18.040 AUTHORIZATION.
.010 The City is authorized to adopt and enforce a water conservation program and Water Shortage measures to reduce the quantity of water used by persons within its jurisdiction for the purpose of conserving the water supplies.
.020 The Department shall monitor and evaluate the projected water supply and demands. .030 The City is authorized to declare a Water Shortage within its jurisdiction. .040 Except where expressly delegated to a specific officer, department, board, or commission of the City, the various officers, departments, or commissions of the City are authorized and directed to implement the applicable provisions of this Chapter upon the effective date hereof.
.050 When water supply conditions require additional actions, the City may implement Water Shortage response actions beyond those described in the Water Reduction Plans in the City’s Water Shortage Contingency Plan, consistent with this Chapter.
10.18.050 CITY COUNCIL DETERMINATION OF WATER REDUCTION PLAN IMPLEMENTATIONSHORTAGE.
.010 The Department shall monitor and evaluate the projected water supply and demands and, when it deems appropriate, the Department shall recommend to the City Council a Water Reduction Plan to address either a water supply shortage or a water shortage emergency. In a water supply shortage, the City Council may, by resolution, order implementation of Water Reduction Plan I, Water Reduction Plan II, or Water Reduction Plan III; provided, the City Council makes the findings required by the applicable sections of this Chapter. The City Council may, by resolution or motion as specified in Section 10.18.100, order implementation of Water Reduction Plan IV; provided, the City Council declares a water shortage emergency in accordance with California Water Code section 350.
5 .020 At any time, the City Council may, by resolution, discontinue any Water Reduction Plan. The City Council may also implement another Water Reduction Plan; provided, the City Council adopts that Water Reduction Plan pursuant to Subsection .010 of Section 10.18.050 of this Chapter.
10.18.060 VOLUNTARY WATER CONSERVATION MEASURES.
In order to conserve water when a Water Reduction Plan is not in effect, the City encourages all persons and entities within the City and all Customers outside of the City to practice good potable water use by avoiding the following water wasting activities on a voluntary basis:
.010 The application of potable water to outdoor ornamental landscaping or turf in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures; .020 The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut -off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use;
.030 The application of potable water to driveways and Sidewalks; .040 The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system; and
.050 The failure to promptly repair all potable water leaks from indoor and outdoor plumbing fixtures, including but not limited to sprinkler systems.
10.18.070 WATER REDUCTION PLAN I —ADDITIONAL VOLUNTARY
WATER CONSERVATION MEASURES.
The City Council may, by resolution, order the implementation of Water Reduction Plan I upon a finding that a “Mild Water Shortage” exists and additional voluntary water conservation measures may assist in appropriately responding to this shortage. A “Mild Water Shortage” exists, when, due to a drought or other conditions, water supplies have been impacted and there is a reasonable probability of more severe water shortages in the future. When the City Council orders a Water Reduction Plan I, all persons and entities within the City and all Customers outside of the City are encouraged to voluntarily practice good potable water use by observing the following:
.010 Avoid (a) the water wasting activities contained in Section 10.18.060 of this Chapter; (b) the application of potable water to outdoor ornamental landscaping or turf between the hours of nine a.m. and six p.m., except as necessary for irrigation system mai ntenance and repairs; and (c) the application of potable water to outdoor landscapes during or within 48 hours after measurable rainfall; and
.020 Perform such other voluntary measures adopted by the City Council. .030 Except as necessary for irrigation system maintenance or repairs, limit the application of potable water to outdoor ornamental landscaping or turf to no more than three (3) days per week; 6 provided such irrigation occurs (a) Monday, Wednesday, or Saturday for odd- numbered street addresses; and (b) Tuesday, Thursday, or Sunday for even -numbered street addresses. Street addresses ending in 1/2 or any fraction shall conform to the permitted use s for the last whole number in the address. In addition to the foregoing, the application of potable water is encouraged to be limited to:
.01 No more than eight (8) minutes per permitted watering day per station for non- conserving nozzles (e.g., spray head sprinklers and bubblers); .02 No more than fifteen (15) minutes per cycle and up to two (2) cycles per permitted watering day per station for high efficiency sprinkler nozzles; or .03 No limitation on maximum watering minutes per watering station per permitted water day for water efficient drip irrigation.
10.18.080 WATER REDUCTION PLAN II—MANDATORY MEASURES.
The City Council may, by resolution or ordinance, order the implementation of Water Reduction Plan II upon a finding, that an “Elevated Water Shortage” exists and the mandatory measures are necessary to address this shortage. An “Elevated Water Shortage” exists when, due to a prolonged drought, a declared “State of emergency” under California Government Code section 8558(b), or other water supply condition, a reduction in water use is necessary to safeguard the public health, safety, and welfare. When the City Council orders the implementation of Water Reduction Plan II, all persons and entities within the City and all Customers outside of the City shall comply with the following:
.010 Each of the following actions is prohibited, except where necessary to address an immediate health and safety need, including fire mitigation requirements as determined by the City Fire Department or other fire authority with jurisdiction, or to comply with a term or condition in a permit issued by a state or federal agency:
.01 The application of potable water to outdoor ornamental landscaping or turf in a manner that causes runoff such that water flows onto adjacent property, non- irrigated areas, private and public walkways, roadways, parking lots, or structures; .02 The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut -off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use;
.03 The application of potable water to driveways and Sidewalks; .04 The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system;
.05 The failure to promptly repair all potable water leaks from indoor and outdoor plumbing fixtures, including but not limited to sprinkler systems; 7 .06 The application of potable water to outdoor ornamental landscaping or turf between the hours of nine a.m. and six p.m., except as necessary for spot watering with a hose to maintain trees or plants (other than turf), and irrigation system maintenance and repairs; .07 The application of potable water to outdoor landscapes during or within forty-eight (48) hours after measurable rainfall; and
.08 The serving of potable water other than upon request in eating or drinking establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served and/or purchased. .020 Operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. The hotel or motel shall prominently display notice of this option in each bathroom using clear and easily understood language. .030 The application of potable water to outdoor ornamental landscaping or turf shall be limited to no more than three (3) days per week, except (a) as necessary for spot watering with a hose to maintain trees or plants (other than turf) and irrigation system m aintenance or repairs; or (b) for a Large Landscape Area with an Alternative Compliance Plan. In connection with the foregoing, the application of potable water shall only occur on (a) Monday, Wednesday, or Saturday for odd- numbered street addresses; and (b) Tuesday, Thursday, or Sunday for even- numbered street addresses. Street addresses ending in 1/2 or any fraction shall conform to the permitted uses for the last whole number in the address. In certain special circumstances, a person or entity may d eviate from the foregoing designated days; provided that person obtains an Alternative Compliance Plan in accordance with Subsection .020 of Section 10.18.110. In addition to the foregoing, the application of potable water shall be limited to:
.01 No more than eight (8) minutes per permitted watering day per station for non- conserving nozzles (e.g., spray head sprinklers and bubblers); .02 No more than fifteen (15) minutes per cycle and up to two (2) cycles per permitted watering day per station for high efficiency sprinkler nozzles; or .03 No limitation on maximum water minutes per watering station per permitted water day for water efficient drip irrigation.
.040 For the avoidance of doubt, the term “plants” within Subsections .10 and .030 of Section 10.18.080 does not include turf.
10.18.090 WATER REDUCTION PLAN III—MANDATORY MEASURES.
The City Council may, by resolution or ordinance, order the implementation of Water Reduction Plan III upon a finding, that a “Severe Water Shortage” exists and the mandatory measures are necessary to address this shortage. A “Severe Water Shortage” exists when, due to a prolonged drought, a declared “State of emergency” under California Government Code section 8558(b), or other water supply condition, a reduction in water use is necessary to safeguard the public health, safety, and welfare. When the City C ouncil orders the implementation of Water 8 Reduction Plan III, all persons and entities within the City and all Customers outside of the City shall comply with the following:
.010 All mandatory measures contained in Subsections .010 and .020 of Section 10.18.080, except to the extent those measures conflict. If such a conflict exists, all persons or entities within the City and all Customers outside of the City shall adhere to the more restrictive section of those conflicting sections.
.020 The application of potable water to outdoor ornamental landscaping or turf shall be limited to no more than two (2) days per week, except (a) as necessary for spot watering with a hose to maintain trees or plants (other than turf) and irrigation system mai ntenance or repairs; or (b) for a Large Landscape Area with an Alternative Compliance Plan. In connection with the foregoing, the application of potable water shall only occur on (a) Tuesday or Saturday for odd- numbered street addresses; and (b) Thursday or Sunday for even-numbered street addresses. Street addresses ending in 1/2 or any fraction shall conform to the permitted uses for the last whole number in the address. In certain special circumstances, a person or entity may deviate from the foregoing designated days; provided that person obtains an Alternative Compliance Plan in accordance with Subsection .020 of Section 10.18.110. In addition to the foregoing, the application of potable water shall be limited to:
.01 No more than eight (8) minutes per permitted watering day per station for non- conserving nozzles (e.g., spray head sprinklers and bubblers); .02 No more than fifteen (15) minutes per cycle and up to two (2) cycles per permitted watering day per station for high efficiency sprinkler nozzles; or .03 No limitation on maximum water minutes per watering station per permitted water day for water efficient drip irrigation.
.030 For the avoidance of doubt, the term “plants” within Subsection .020 of Section
10.18.090 does not include turf.
10.18.100 WATER REDUCTION PLAN IV—MANDATORY MEASURES.
.010 The City Council may, by resolution or ordinance, order the implementation of Water Reduction Plan IV, when the City Council determines an "Emergency Water Shortage" exists and makes the findings for a water shortage emergency under California Water Code s ection 350.
When the City Council orders the implementation of Water Reduction Plan IV, all persons and entities within the City and all Customers outside of the City shall comply with the following:
.01 All mandatory measures contained in Subsections .010 and .020 of Section 10.18.080, except to the extent those measures conflict. If such a conflict exists, all persons or entities within the City and all Customers outside of the City shall adhere to the more restrictive section of those conflicting sections.
.02 The application of potable water to outdoor ornamental landscaping or turf is prohibited at any time.
9 .020 The City Council may, by resolution or motion, order the implementation of Water Reduction Plan IV, when the City Council determines a non- drought Local Emergency exists.
18.10.110.010 The City Council may, by motion, declare any non-emergency Water Shortage category.
.020 If water supply conditions indicate that the ordinary demands and requirements of water Customers cannot be satisfied without depleting the City’s water supply to the extent that there would be insufficient water for human consumption, sanitation, and fire protection, the General Manager may recommend that the City Council declare a Water Shortage Emergency. After holding any required public hearing pursuant to California Water Code section 350, the City Council shall, by resolution, declare a Water Shortage Emergency if it finds that the conditions specified in Section 10.18.030.160 exist. .030 If shortage conditions improve such that the declared Water Shortage Emergency category can be deescalated, the City Council may rescind or modify the Water Shortage Emergency declaration, or may allow automatic rescission upon the Public Utilities Board’s declaration of a non-emergency Water Shortage.
10.18.060 PUBLIC UTILITIES BOARD DETERMINATION OF WATER SHORTAGE.
.010 The Public Utilities Board is authorized to declare any Water Shortage category except for the category of Water Shortage Emergency.
.020 If water supply conditions indicate that the City’s current or anticipated water supply cannot or will not meet water Customers’ ordinary demands or requirements without depleting the City’s water supply, but not to the extent of a Water Shortage Emergency, the General Manager may recommend that the Public Utilities Board declare a Water Shortage.
The Public Utilities Board shall declare a Water Shortage and indicate the Water Shortage category as described in the Water Shortage Contingency Plan if it finds that the conditions described for the declared category exist.
.030 If shortage conditions improve such that the Public Utilities Board’s declared Water Shortage category can be reduced, or if conditions worsen beyond the declared category but not to the extent of a Water Shortage Emergency, the Public Utilities Board may rescind or modify the Water Shortage declaration.
.040 If a City Council declaration of a Water Shortage category has an effective period concurrent with a Public Utilities Board declaration of a Water Shortage category, the City Council declaration shall govern during the concurrent effective period. 10 10.18.070 EMERGENCY DECLARATION OF CATASTROPHIC WATER SHORTAGE.
.010 When the General Manager determines that a sudden event has, or threatens to, significantly diminish the reliability or quality of the City’s water supply, the General Manager may declare a catastrophic Water Shortage and impose emergency water allocations or Water Shortage response actions as necessary to protect the reliability and quality of the City’s water supply, until the emergency passes or the City takes other action.
The General Manager’s declaration shall not be considered a Water Shortage Emergency and shall be presented to the City Council as a recommendation to declare a Water Shortage Emergency as soon as reasonably feasible.
.020 If there is an emergency or local emergency, as both are defined in Section 6.04.020 of the Code, and the authority granted to the General Manager in Section 10.18.070.010 conflicts with Chapter 6.04, Chapter 6.04 shall govern.
10.18.080 COMMUNICATION.
Upon declaration of a Water Shortage, the City will inform all relevant stakeholders, such as Customers; the public; and local, regional, and state governments of the effective date of the Water Shortage response actions associated with the relevant shortage category according to the communication procedures identified in the Water Shortage Contingency Plan.
10.18.090 WATER SHORTAGE REDUCTION PLANS.
Upon declaration of a Water Shortage, the General Manager is authorized to implement any Water Reduction Plans within the declared Water Shortage category as appropriate to address the extent of shortages. To the extent water shortage conditions vary during the declared Water Shortage category, the General Manager may implement any Water Reduction Plan appropriate for responding to the conditions in accordance with this Chapter and the City’s Water Shortage Contingency Plan, as may be amended.
10.18.100 ALTERNATIVE COMPLIANCE PLAN.
.010 Any person or entity with a Large Landscape Area may deviate from Subsection .030 of Section 10.18.080 and Subsection .020 of 10.18.090; provided suchthe designated watering days of the week, as specified in the Water Shortage Contingency Plan, if the person or entity obtains an Alternative Compliance Plan approved by the General Manager or designee. At a minimum, an Alternative Compliance Plan must require the person or entity with a Large Landscape Area to (a) install and maintain throughout the duration of the plan Eligible Weather-Based Irrigation Controllers within the Large Landscape Area; (b) reduce overall potable water use by an amount equal to that amount set forth in the Alternative Compliance Plan; and (c) must use recycled water if it is available from the Department. The General Manager or designee may require revisions to the Alternative Compliance Plan in the event the State Water Resources Control Board sets a new water 11 conservation standard for the City. Once the General Manager or designee approves the Alternative Compliance Plan or any amendments thereto, the person or entity with such a plan shall strictly comply with its provisionsThe Alternative Compliance Plan must demonstrate implementation of alternative water conservation measures to achieve comparable water savings as specified in the Water Shortage Contingency Plan. .020 Any10.18.110 HARDSHIP WAIVER.
.010 If, due to unique circumstances, enforcement of a specific requirement of this Chapter would result in undue hardship to a person using water or entity to property upon which water is used, the person may deviateappeal to the Department for an exemption by applying for a waiver from the designated watering days of the week in Subsection .030 of Section 10.18.080requirements:
.01 Application for a waiver must be on a form prescribed by the Department. .02 The written application shall be accompanied by photographs, maps, drawings, or other pertinent information as applicable.
.03 Based on the information and Subsection .020 of Section 10.18.090;supporting documents provided such person or entity obtains an Alternative Compliance Plan approved by in the application, any additional information provided as requested, and water use information for the property as shown by the records of the City, the General Manager, or designee. The General Manager or designee shall only approve such an Alternative Compliance Plan when the General Manager or designee makes all of, will take into consideration the following findings: (a) thatin making the deviationwaiver determination:
a. That the waiver does not constitute a grant of special privilege inconsistent with the limitationslimitation upon other residents and businesses; (City water service Customers; b) that. That because of special circumstances applicable to the property or its use, the water day designation willstrict application of this Chapter would have a disproportionate impact on the property or use that exceeds the impacts to residents and businesses on water service Customers generally; (
c) that. That the authorizingauthorization of such deviationwaiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the City to effectuate the purpose of this ordinanceChapter, and will not be detrimental to the public interest; and (
d) that. That the condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent, or general in nature. If approved by the General Manager or designee, the Alternative Compliance Plan of that person or entity shall solely authorize the person to deviate from the designated watering days of the week, and no such approval shall authorize any deviation from the limitation on the number of watering days per week.
12 .030 In the event the .020 The General Manager, or designee disapproves a request for an Alternative Compliance Plan under Subsections .010 and .020 of this Section, such person or entity who receives such notice , may appeal this determination to approve or deny the waiver. If approved, the waiver will apply for the Public Utilities Hearing Board within five (5) days of duration indicated in the waiver. The Department will give the applicant written notice of the determination. The decision of the General M anager, or designee. On appeal, the Public Utilities Hearing Board shall review the determination and render a, is final non-appealable decision. .040 If the General Manager or designee determines. If denied, any person or entity failsresulting violation is subject to enforcement pursuant to comply with their Alternative Compliance Plan, the General Manager or designee may issue a notice to comply requiring strict compliance with the Alternative Compliance Plan (a) by the end of the next billing cycle for a Customer; or (b) within sixty (60) days for a non-Customer. If the person or entity fails to comply with the notice to comply, the General Manager or designee may terminate that Alternative Compliance Plan with five (5) days prior written notice and, in such case, that person or entity shall no longer deviate from Subsection .030 of Sectionsection 10.18.080 and Subsection .020 of Section 10.18.090 and shall immediately comply with these subsections. Any person or entity who receives such notice may appeal this determination to the Public Utilities Hearing Board within five (5) days of the written notice to terminate. On appeal, the Public Utilities Hearing Board shall review the determination to terminate the Alternative Compliance Plan and render a final non- appealable decision140.
10.18.120 WATER CONSERVATION RATE.
The City may adopt a rate structure designed to reduce water consumption in accordance with the requirements of State law.
10.18.130 PERMANENT WATER CONSERVATION REQUIREMENTS –
PROHIBITION AGAINST WATER WASTE.
.010 To prevent the unreasonable use of water and to promote water conservation, the following uses of water are permanently prohibited:
.01 Washing down Sidewalks, walkways, driveways, buildings, structures, patios, parking areas, or other hard or paved surfaces, except to alleviate safety or sanitary hazards and only by use of a handheld container, hose with an automatic shut-off device, or a low-volume high-pressure cleaning machine that recycles used water. .02 Watering or irrigating of any lawn, landscape, or other vegetated area in a manner that causes or allows more than incidental runoff or water flow such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, driveways, streets, alleys, gutters, ditches, or structures. “Incidental runoff” means unintended amounts (volume) of runoff, such as unintended, minimal overspray from sprinklers that escapes the area of intended use. Water leaving an intended use area is not 13 considered incidental if it is part of the facility or system design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence. .03 Using water to irrigate outdoor landscapes during or within forty-eight (48) hours after measurable rainfall of one-fourth of one inch (.25”) or more. .04 Using water to wash or clean a vehicle, including, but not limited to, any automobile, truck, van, bus, motorcycle, boat, or trailer, except by use of a hand-held bucket or hand- held hose equipped with a self-closing device or water shut-off nozzle. This subsection does not apply to any commercial car washing facility.
.05 Using water to clean, fill, or maintain levels in decorative fountains, ponds, lakes, or other similar aesthetic structures, unless such water is part of a re-circulating system. The only exceptions shall be a water feature currently listed in the National Register of Historic Places, where water use is deemed necessary for the integrity of the feature, or a water feature that has been issued a waiver from the City.
.06 Installation of non-recirculating water systems in commercial conveyor car wash and commercial laundry systems unless a waiver from the City has been obtained. .020 All leaks, breaks, or other malfunctions in the Customer’s plumbing, irrigation, or distribution system must be repaired within seventy-two (72) hours after the Customer is made or becomes aware, unless other arrangements are made with the City.
10.18.140 VIOLATIONS AND REMEDIES.
.010 It shall be unlawful for any person to willfully violate the mandatory provisions of this Chapter 10.18..
.020 A willful violation of any mandatory provision of this Chapter 10.18 shall be a misdemeanor and shall be punishable upon conviction as authorized by Section 1.01.370 of the Municipalthis Code, or any successor provision thereto. .020030 In addition to any remedies or enforcement measures provided by State law or in this Chapter 10.18, any violation of this chapter 10.18 Chapter is subject to civil fines in accordance with Chapter 1.20 of the Municipalthis Code, or any successor provision thereto.
Pursuant to Chapter 1.20, any person receiving a civil citation may contest (appeal) it by filing a request for an administrative review.
.030040 In addition to any other remedies provided in this Code or available under applicable law, the City can alternatively seek injunctive relief in the Superior Court or other take enforcement actions for violations of this chapter 10.18Chapter. 14 10.18.140150 RESERVATION OF RIGHTS.
The rights of the Department hereunder shall be cumulative to any other right of the Department to discontinue service.
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