ORDINANCE O20XX-XX
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, AMENDING MANTECA MUNICIPAL CODE (MMC) 13.04.210, PUBLIC SERVICES, TO ADD AND MODIFY EXISTING UNLAWFUL WATER USES WHEREAS, The State Water Resources Control Board adopted emergency water regulations, Resolution No. 2022-0018, on May 24, 2022; and WHEREAS, The Manteca City Council declared a drought emergency and implemented Stage 2 of the Water Shortage Contingency Plan on June 21, 2022; and WHEREAS, The Manteca City Council received a discussion item regarding proposed additions and modifications to MMC 13.04.210 on August 3, 2022; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meeting of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
THE CITY COUNCIL OF THE CITY OF MANTECA DOES ORDAIN AS FOLLOWS:
SECTION 1: Amendment. Manteca Municipal Code section 13.04.210, is hereby amended to read as follows:
13.04.210 Unlawful water use
It is unlawful for any person to use, permit or allow the use of water in any of the following manners:
1. For washing of sidewalks, driveways, patios, parking lots, aprons or other non-landscaped exterior ground areas, except as allowed by a city issued washing permit for the washing of drive-ways, parking lots, aprons and other non-landscaped areas of commercial and industrial properties for the purpose of maintaining the area in a clean, safe and sanitary condition;
2. All businesses proposing to water wash areas identified in subsection (A)(1) shall obtain a washing permit from the public works department;
3. Use potable water to irrigate turf at commercial, industrial, or institutional properties that is not regularly used for human recreational purposes or for civic or community events can be reduced in commercial, industrial, and institutional areas to protect local water resources and enhance water resiliency; Watering of landscaping, washing of exterior buildings or filling of swimming pools:
Except at locations bearing a street address ending in an even number on Tuesday, and Saturday; Except at locations bearing a street address ending in an odd number on Wednesday, and Sunday; At any location between the hours of twelve noon to six p.m. on any day; At all locations and all times, watering of landscapes is prohibited on Monday, Thursday, and Friday; The following shall not be subject to the watering day and time restrictions:
All locations within twenty-one days of landscape installation; Manteca public golf course, City parks, the City Hall complex, and Manteca Unified School District landscapes; Private Parks or other landscaped areas larger than 4 acres; Landscape irrigation exclusively using drip irrigation and/or micro spray irrigation systems; Irrigating outdoors during and within forty-eight hours following meas urable (at a minimum any amount of rainfall that generates run-off or puddles) rainfall; Taking of water from any fire hydrant except by regularly constituted fire protection agencies or provided a permit for construction water has been obtained through the public works department; Allowing the escape of water through leaks, breaks or malfunction in the user’s plumbing or distribution system for more than twenty-four hours after discovery thereof by, or notice thereof to, the user; Washing of automobiles or boats except:
By use of a quick-acting positive shut-off nozzle on the hose or bucket and sponge; At a commercial car wash;
Serving water by restaurants except upon request of a customer; Irrigation that causes water runoff onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures; Using potable water in decorative water features that do not recirculate the water; Operating evaporated coolers which are not equipped with a recirculating pump; Recreational activities that require a constant flow of potable water; Hotels and motels must offer their guests the option to not have their linens and towels laundered daily, and prominently display this option in each guest room. (Ord. 1583 §§ 1, 2, 2016; Ord. 1569 § 1, 2015; Ord. 1548 §§ 2, 3, 2014; Ord. 1239 § 1, 2003; Ord. 1126 § 1, 2000; Ord. 1111 § 2, 1999; Ord. 1110 § 2, 1999; Ord. 986 § 1, 1994; Ord. 915 § 1, 1991; Ord. 911 § 2, 1991; Ord. 870 § 1, 1990) SECTION 2: Severability. If any section, sub-section, subdivision, paragraph, clause or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, sub-section, subdivision, paragraph, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more sections, sub-sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION 3: Effective Date. This Urgency Ordinance shall become effective immediately upon adoption if adopted by at least a four-fifths of the City Council.
City of Manteca, a municipal corporation
MAYOR: __________________________
BENJAMIN J. CANTU
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF SAN JOAQUIN SS:
CITY OF MANTECA
I, Cassandra Candini-Tilton, City Clerk of the City of Manteca, do hereby certify that the foregoing Urgency Ordinance had its first reading and was introduced, adopted and passed during the public meeting of the City Council on the ___ day of ____, 20__, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
City Clerk
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