Chapter 13.28
WATER CONSERVATION
Sections:
13.28.030 Declaration of purpose and intent.
13.28.060 Permanent water conservation requirements.
13.28.070 Additional water conservation measures adopted by resolution.
13.28.090 Proceedings for enforcement and penalties.
13.28.100 Courtesy notice of violation.
13.28.010 Title.
This chapter will be known as the water conservation ordinance. (Ord. 18-08 §2(part), 2018).
13.28.020 Findings.
A. A reliable minimum supply of potable water is essential to the public health, safety, and welfare of the people and economy of the Central Valley region. The city of Kerman is located in central California which is a semiarid region and is largely dependent upon water supplies. A growing population, climate change, environmental concerns, and other factors in other parts of the state and western United States make the region highly susceptible to water supply reliability issues.
B. Careful water management that includes active water conservation measures not only in times of drought, but at all times, is essential to ensure a reliable minimum supply of water to meet current and future water supply needs.
C. Article X, Section 2 of the California Constitution declares that the general welfare requires that water resources be put to beneficial use to the fullest extent of which they are capable, and that the waste or unreasonable use or unreasonable method of use of water be prevented; and that the conservation of water be fully exercised with a view to the reasonable and beneficial use thereof in the interest of the people and for the public welfare.
D. Article XI, Section 7 of the California Constitution declares that a city may make and enforce within its limits all local, police, sanitary and other chapters and regulations not in conflict with general laws.
E. California Water Code Section 375 authorizes water suppliers to adopt and enforce a comprehensive water conservation program to reduce water consumption and conserve supplies by ordinance or resolution.
F. The adoption and enforcement of a water conservation program is necessary to manage the city of Kerman’s potable water supply in the short and long term and to avoid or minimize the effects of drought and shortage within the city. Such program is essential to ensure a reliable and sustainable minimum supply of water for the public health, safety, and welfare. (Ord. 18-08 §2(part), 2018).
13.28.030 Declaration of purpose and intent.
A. The purpose of this chapter is to establish a water conservation plan that will reduce water consumption within the city through conservation, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, maximize the efficient use of water within the city to avoid and minimize the effect and hardship of water shortage to the greatest extent possible, and meet any state laws or state regulations requiring water conservation.
B. This chapter establishes water conservation standards intended to alter behavior related to water use efficiency at all times and authorizes the city council to adopt further measures to be implemented during times of declared water shortage or declared water shortage emergencies, with increasing restrictions on water use in response to worsening drought or emergency conditions and decreasing supplies. (Ord. 18-08 §2(part), 2018).
13.28.040 Definitions.
The following words and phrases whenever used in this chapter have the meaning defined in this section:
A. "Person" means any natural person or persons, corporation, public or private entity, governmental agency or institution, including all agencies and departments of the city of Kerman or any other user of water provided by the city of Kerman.
B. "Landscape irrigation system" means an irrigation system with pipes, hoses, spray heads, drip emitters or sprinkling devices that are operated by hand or through an automated system.
C. "Single pass cooling systems" means equipment where water is circulated only once to cool equipment before being disposed.
D. "Potable water" means water which is suitable for drinking. (Ord. 18-08 §2(part), 2018).
13.28.050 Application.
A. The provisions of this chapter apply to any person using any potable water provided by the city.
B. The provisions of this chapter do not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire and other similar emergency services.
C. The provisions of this chapter do not apply to the use of water by commercial nurseries and commercial growers when necessary as a result of climatic conditions to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale.
D. This chapter is intended solely to further the conservation of water. It is not intended to implement any provision of federal, state, or local statutes, ordinances, or regulations relating to protection of water quality or control of drainage or runoff. (Ord. 18-08 §2(part), 2018).
13.28.060 Permanent water conservation requirements.
The following water conservation requirements are effective at all times and are permanent unless amended by ordinance or resolution as authorized by Water Code Section 375:
A. Limits on Watering Hours. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of six a.m. and eight a.m. and twelve p.m. (noon) to seven p.m. Pacific Standard Time on any day, except for very short periods of time for the express purpose of adjusting or repairing an irrigation system, and provided such manual use is controlled and attended.
B. Limited Water Days. By resolution, the city council shall establish limited watering days and times based on the current drought conditions, an emergency declared by the Governor, and/or regulations set by the State Water Quality Control Board ("SWQCB").
C. Limit on Watering Duration. Watering or irrigating of lawn, landscape or other vegetated area with potable water using a landscape irrigation system or a watering device that is not continuously attended is limited to no more than fifteen minutes of watering per day per station. This subsection does not apply to landscape irrigation systems that exclusively use very low-flow drip type irrigation systems when no emitter produces more than two gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a seventy percent efficiency standard.
D. No Excessive Water Flow or Runoff. Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited.
E. No Washing Down Hard or Paved Surfaces. Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off device, a low-volume, high-pressure cleaning machine equipped to recycle any water used, or a low-volume high-pressure water broom.
F. Obligation to Fix Leaks, Breaks or Malfunctions. Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user’s plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected and in no event more than seven days of receiving notice from the city is prohibited.
G. Recirculating Water Required for Water Fountains and Decorative Water Features. Operating a water fountain or other decorative water feature that does not use recirculated water is prohibited.
H. Limits on Washing Vehicles. Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not, is prohibited, except by use of a hand-held bucket or similar container or a hand-held hose equipped with a positive self-closing water shut-off nozzle or device. This subsection does not apply to any commercial car washing facility.
I. Drinking Water Served upon Request Only. Eating or drinking establishments or other public places where food or drinks are sold, served, or offered for sale are prohibited from providing drinking water to any person unless expressly requested.
J. No Installation of Single Pass Cooling Systems. Installation of single pass cooling systems is prohibited in buildings requesting new water service.
K. No Installation of Non-Recirculating Water Systems in Commercial Car Wash and Laundry Systems. Installation of non-recirculating water systems is prohibited in new commercial conveyor car wash and new commercial laundry systems.
L. Limitation on Irrigation Following Measurable Rainfall. Irrigating outdoors during and within forty-eight hours following measurable rainfall is prohibited.
M. Flood Irrigation. Flood irrigation of residential landscapes is expressly prohibited. (Ord. 18-08 §2(part), 2018).
13.28.070 Additional water conservation measures adopted by resolution.
In addition to the prohibited uses of water identified in Section 13.28.060, in the event of an emergency or as may be required by state law or regulation, the city may approve such additional measures by resolution of the city council. (Ord. 18-08 §2(part), 2018).
13.28.080 Violation.
A. General. A violation of this chapter is considered waste and an unreasonable use of water.
B. Public Nuisance. A violation of this chapter including additional water measures adopted under the authority of Section 13.28.070 constitutes a public nuisance.
C. Separate Offenses. Each day that a violation of this chapter including additional water measures adopted under the authority of Section 13.28.070 occurs constitutes a separate offense. (Ord. 18-08 §2(part), 2018).
13.28.090 Proceedings for enforcement and penalties.
Whenever the city has inspected or caused to be inspected any property and has determined that there exists a violation of this chapter upon the property, the city in its sole discretion may proceed as follows:
A. Prosecution as an infraction or misdemeanor;
B. Issuance of an administrative citation pursuant to Chapter 1.18;
C. Treat the violation as a public nuisance pursuant to Chapter 8.32 and proceed with enforcement as authorized therein; and/or
D. Request the city attorney to institute legal action including but not limited to injunctive or criminal action. (Ord. 18-08 §2(part), 2018).
13.28.100 Courtesy notice of violation.
The city, in its sole discretion, may issue a courtesy notice or warning of violation to the record owner and/or occupant of the property upon which a violation of this chapter exists. (Ord. 18-08 §2(part), 2018).