ORDINANCE NO. 1936
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING TITLE 25 OF THE PORTERVILLE MUNICIPAL CODE TO ADD SECTION 25-32A.28 REGARDING
NONFUNCTIONAL TURF AND POTABLE WATER USE IN COMPLIANCE WITH CALIFORNIA WATER CODE CHAPTER 2.5 (AB 1572)
WHEREAS, The California Legislature adopted AB 1572 (Chapter 849, Statutes of 2023), adding Chapter 2.5 (commencing with Section 10608.14) to the California Water Code; and WHEREAS, AB 1572 prohibits the use of potable water to irrigate nonfunctional turf on specified commercial, industrial, institutional, governmental, and common-interest development properties according to state-established compliance deadlines; and WHEREAS, The City of Porterville has previously adopted water conservation regulations recognizing that water resources are limited and that efficient water use is essential to protecting public health, safety, welfare, and long-term water supply reliability; and WHEREAS, The City Council finds that adoption of this ordinance is necessary to ensure consistency with State law and to promote the efficient use of potable water resources.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORTERVILLE DOES ORDAIN AS FOLLOWS:
CITY OF PORTERVILLE
MUNICIPAL CODE
CHAPTER 25: WATER, SEWERS AND SEWAGE DISPOSAL
SECTION:
25-32A.28 NONFUNCTIONAL TURF IRRIGATION PROHIBITION
A. Purpose
The purpose of this section is to implement the requirements of California Water Code Sections 10608.12 and 10608.14 and to prohibit the use of potable water for irrigation of nonfunctional turf on designated properties within the City of Porterville.
B. Definitions
For purposes of this section, the following definitions shall apply:
Functional Turf means a ground cover surface of turf located within a recreational use area or community space. Turf enclosed by fencing or other barriers to permanently preclude human access for recreation or assembly is not functional turf.
Ordinance No. 1936
Nonfunctional Turf means any turf that is not functional turf and includes turf located within street rights of way and parking lots.
Community Space means an area designated by a property owner or a governmental agency to accommodate human foot traffic for civic, ceremonial, or other community events or social gatherings.
Recreational Use Area means an area designated by a property owner or a governmental agency to accommodate human foot traffic for recreation, including, but not limited to, sports fields, playgrounds, golf courses, picnic grounds, parks, and pet exercise areas. This recreation may be either formal or informal.
Potable Water means water suitable for human consumption.
C. Prohibition
1. The use of potable water for the irrigation of nonfunctional turf within the City shall be subject to the requirements, exemptions, compliance deadlines, exceptions, certification requirements, enforcement provisions, and other applicable requirements established by California Water Code section 10608.14 and any regulations, guidelines, or other requirements lawfully adopted or issued by the State Water Resources Control Board pursuant thereto, as such statutes, regulations, guidelines, and requirements may be amended from time to time.
2. The State Water Resources Control Board may, upon a showing of good cause for reasons including economic hardship, critical business need, and potential impacts to human health or safety, postpone a compliance deadline by up to three years for certain persons, institutions, and businesses, and may create a form to be used for compliance certification to the board by property owners.
D. Exemptions
The prohibition contained in this section shall not apply:
1. To cemeteries;
2. To irrigation necessary to maintain the health of existing trees or perennial non-turf vegetation;
3. To irrigation necessary to address an immediate health or safety concern;
4. To turf located within a functional recreational use area or community space;
5. To areas irrigated solely with recycled water or non-potable water supplies where permitted by law;
6. To any exemption authorized by the State Water Resources Control Board.
E. Compliance Certification
Ordinance No. 1936
1. All persons and entities subject to this section shall comply with the requirements applicable to them under California Water Code section 10608.14 and applicable regulations adopted pursuant thereto. The City may administer and enforce this section in a manner consistent with applicable State law.
2. The specific implementation dates, property classifications, acreage or squarefootage thresholds, certification requirements, exemptions, extensions, hardship provisions, and other administrative or regulatory requirements applicable to the prohibition on the use of potable water for irrigation of nonfunctional turf shall be those established by California Water Code section 10608.14 and applicable regulations or requirements adopted by the State Water Resources Control Board, as amended from time to time.
F. Enforcement
The City may enforce the requirements of this section and California Water Code section 10608.14 to the extent authorized by State law. Enforcement actions, civil liability, penalties, notices, compliance procedures, and other remedies shall be consistent with applicable provisions of the California Water Code and regulations adopted pursuant thereto, including any amendments thereto.
G. Administrative Authority
The City Manager, Public Works Director, or their designee is authorized to promulgate administrative regulations, forms, guidance documents, and enforcement procedures necessary to implement this section and to maintain consistency with State law and regulations.
H. Future Amendments to State Law
The City Council intends that this section remain consistent with applicable State law.
Accordingly, references in this section to California Water Code section 10608.14 and regulations, guidelines, and requirements adopted pursuant thereto shall include subsequent amendments, revisions, recodifications, or successor provisions, to the extent permitted by law. (Ord. XXXX, XX-XX-XXXX)
Section 2. Severability
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.
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Ordinance No. 1936
Section 3. Effective Date
The ordinance shall be in full force and effect thirty (30) days after its publication and passage.
PASSED, APPROVED AND ADOPTED this 15th day of September, 2026.
Greg Meister, Mayor
ATTEST:
Richard Tree, City Clerk
By:
Fernando Gabriel-Moraga, Chief Deputy City Clerk