AN ORDINANCE AMENDING TITLE 13 CHAPTER 13.28, SECTIONS 13.28.020,
13.28.035, AND AMENDING TITLE 13 CHAPTER 13.32, SECTIONS, 13.32.040,
13.32.060
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
SECTION I. FINDINGS AND INTENT
The City Council of the City of Stockton finds that the proposed amendments to the Stockton Municipal Code (SMC) will align it with the State Water Resources Control Board regulations of stages of water shortage emergency and comply with State requirements.
SECTION II. AMENDMENT OF CODE
Title 13, Chapter 13.28, Section 13.28.020 is amended as follows:
Application of regulations.
The provisions of this chapter shall apply to all persons using water in the City regardless of whether any person using water shall have a contract for water service with the City. Notwithstanding other provisions of this code inconsistent with the chapter, the provisions of this chapter shall supersede and prevail until termination of this chapter, except during a declared water shortage emergency, Stage 2, 3, 4, 5 or 65, in which event the provisions of Chapter 13.32 shall prevail. (Prior code § 9-711) S
ECTION III. AMENDMENT OF CODE
Title 13, Chapter 13.28, Section 13.28.035 is amended as follows:
Water Conservation: Exterior Irrigation. Reserved.
Notwithstanding any other provision of this code, exterior irrigation shall be limited as follows:
A. For landscape irrigation, the following schedule shall be enforced to promote water conservation:
1. For even numbered addresses, exterior irrigation is permitted only on Wednesday and Sunday.
2. For odd numbered addresses, exterior irrigation is permitted only on Tuesday and Saturday.
3. For parcels that do not have a street address, exterior irrigation is permitted only on Wednesday and Sunday.
4. No exterior irrigation is permitted on Monday, Thursday, or Friday.
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5. Exterior irrigation shall be prohibited between the hours of 8:00 a.m. to 6:00 p.m.
B. To prevent the unreasonable use of water and to promote water conservation, the use of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial, and institutional sites. The use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need. Non- functional turf means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. Non-functional turf does not include sports fields and turf that is regularly used for human recreational purposes or for civic or community events.
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ECTION IV. AMENDMENT OF CODE
Title 13, Chapter 13.32, Section 13.32.040 is amended as follows:
Additional limits on water use available to all water users.
During Stage 2, 3, 4, 5 and 65 emergencies, the following wasteful uses shall be prohibited in addition to the prohibitions and limitations stated in the Water Conservation Ordinance, Stockton Municipal Code Chapter 13.28. During said stages Section 13.28.040 and Sections 13.28.030(A) and (B)(3) and (4) shall not be applicable.
In the event the provisions of the section are inconsistent with the Water Conservation Ordinance, this section shall prevail.
A. Any use of potable water from any fire hydrant is prohibited, except by regularly constituted fire protection agencies for fire suppression purposes or by the responsible water agency, when alternate water sources or recycled water sources are available. In the absence of alternate water sources or reclaimed water sources, use of potable water from a hydrant may be used provided a permit for such use is approved by the Fire Department and the responsible water agency.
B. Use of potable water for dust control purposes except for public health or safety purposes. Reclaimed, recycled or other nonpotable water may be used for such purposes so long as such water is not wasted.
C. Irrigation of exterior landscaping, turf areas, open ground, crops, trees, grass, lawn, groundcover, shrubbery, or decorative plantings between the hours of 811:00 a.m. and 6:00 p.m. except irrigation by drip or mist irrigation systems shall not be restricted as to hours.
D. Irrigation of exterior landscaping, turf areas, open ground, crops, trees, grass, lawn, groundcover, shrubbery, or decorative plantings in such a manner or extent that allows water to run off or escape from the premises or to be wasted.
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E. Violation of the above stated provisions shall be unlawful and an infraction. (Prior code § 9-733)
SECTION V. AMENDMENT OF CODE
Title 13, Chapter 13.32, Section 13.32.060 is amended as follows:
Stages of water shortage emergency.
The following stages of water shortage emergency are established. Upon declaration of the City Council that an emergency condition exists, as provided in Sections 13.32.010 and 13.32.020, the City Council shall declare the degree of emergency and identify the applicable stage and the regulations which shall be enforceable for each respective stage. During Stages 2, 3, 4, 5 and 65 additional restrictions on water use shall be enforceable as stated in Section 13.32.040.
A. Stage 1—Mandatory Water Conservation. Upon a finding made by the City Council that a Stage 1 water shortage emergency exists, the regulations set out in the Water Conservation Ordinance, Stockton Municipal Code Chapter 13.28, as presently enacted or amended shall be enforceable as to all water users.
B. Stage 2—Water Shortage Emergency. Upon declaration of the City Council that a Stage 2 water shortage emergency exists, the following regulations shall be applicable to all customers of the City’s water system:
1. Residential Accounts. Residential accounts shall use 20 percent less than no more than 90 percent of the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period of the base year.
Notwithstanding this provision, no residential account shall receive an allocation of less than 600 cubic feet (6 CCF) of water per billing period.
2. Multiple-Family Residential Accounts. Multiple family residences which are served by a single meter shall use 20 percent less than no more than 90 percent of the total quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than 400 cubic feet (4 CCF) of water per unit served on a single meter.
3. Nonresidential Accounts. Nonresidential accounts shall use 20 percent less than no more than 90 percent of the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period of the base year.
4. Process-Water User Accounts. Process-water users shall use 20 percent less than no more than 100 percent of the quantity of water as recorded by meter during the corresponding billing period during the base year.
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C. Stage 3—Water Shortage Emergency. The following regulations shall be applicable to all customers of the City’s water system:
1. Residential Accounts. Residential accounts shall use 30 percent less than no more than 80 percent of the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period of the base year.
Notwithstanding this provision, no residential account shall receive an allocation of less than 600 cubic feet (6 CCF) of water per billing period.
2. Multiple-Family Residential Accounts. Multiple family residences which are served by a single meter shall 30 percent less than use no more than 80 percent of the total quantity of water delivered to the customer’s property as recorded by the meter during the corresponding billing period during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than 400 cubic feet (4 CCF) of water per unit served on a single meter.
3. Nonresidential Accounts. Nonresidential accounts shall use 30 percent less than no more than 80 percent of the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period of the base year.
4. Process-Water User Accounts. Process-water users shall use 30 percent less than no more than 90 percent of the quantity of water as recorded by meter during the corresponding billing period during the base year.
D. Stage 4—Water Shortage Emergency. The following regulations shall be applicable to all customers of the City’s water system.
1. Residential Accounts. Residential accounts shall use 40 percent less than no more than 70 percent of the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period of the base year.
Notwithstanding this provision, no residential account shall receive an allocation of less than 600 cubic feet (6 CCF) of water per billing period.
2. Multiple-Family Residential Accounts. Multiple-family residences which are served by a single meter shall use 40 percent less than no more than 70 percent of the total quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than 400 cubic feet (4 CCF) of water per unit served on a single meter.
3. Nonresidential Accounts. Nonresidential accounts shall use 40 percent less than no more than 70 percent of the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period of the base year.
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4. Process-Water User Accounts. Process-water users shall use 40 percent less than no more than 90 percent of the quantity of water as recorded by meter during the corresponding billing period during the base year.
E. Stage 5—Water Shortage Emergency. The following regulations shall be applicable to all customers of the City’s water system.
1. Residential Accounts. Residential accounts shall use 50 percent less than no more than 60 percent of the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period of the base year.
Notwithstanding this provision, no residential account shall receive an allocation of less than 600 cubic feet (6 CCF) of water per billing period.
2. Multiple-Family Residential Accounts. Multiple family residences which are served by a single meter shall use 50 percent less than no more than 60 percent of the total quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than 400 cubic feet (4 CCF) of water per unit served on a single meter.
3. Nonresidential Accounts. Nonresidential accounts shall use 50 percent less than no more than 60 percent of the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period of the base year.
4. Process-Water User Accounts. Process-water users shall use 50 percent less than no more than 80 percent of the quantity of water as recorded by meter during the corresponding billing period during the base year. (Prior code § 9-735) F. Stage 6—Water Shortage Emergency. The following regulations shall be applicable to all customers of the City’s water system.
1. Residential Accounts. Residential accounts shall use 60 percent less than the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period of the base year. Notwithstanding this provision, no residential account shall receive an allocation of less than 600 cubic feet (6 CCF) of water per billing period.
2. Multiple-Family Residential Accounts. Multiple family residences which are served by a single meter shall use 60 percent less than the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than 400 cubic feet (4 CCF) of water per unit served on a single meter.
3. Nonresidential Accounts. Nonresidential accounts shall use 60 percent less than the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period of the base year.
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4. Process-Water User Accounts. Process-water users shall use 60 percent less than the quantity of water as recorded by meter during the corresponding billing period during the base year. (Prior code § 9-735)
SECTION VI. SEVERABILITY
If any part of this ordinance or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end, the provisions of this act are severable.
SECTION VII. EFFECTIVE DATE
This Ordinance shall take effect and be in full force on July 12, 2022.
ADOPTED:
EFFECTIVE:
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
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