Chapter 13.12


13.12.010    Purpose.

13.12.020    Definitions.

13.12.030    Declaration of water emergency--When.

13.12.040    Notice.

13.12.050    Wasteful uses of water are prohibited.

13.12.060    Request for voluntary restrictions of water use--Stage I.

13.12.070    Prohibition of non-essential water use--Stage II.

13.12.080    Further non-essential uses prohibited-- Stage III.

13.12.090    Water rates.

13.12.100    Variances.

13.12.110    Landscaping maintenance.

13.12.120    Water shutoff.

13.12.130    Enforcement--Designated persons.

13.12.140    Violation--Penalty.

13.12.010 Purpose.

A.    This chapter is intended to establish a procedure whereby the city council can restrict or prohibit demands on the existing water supply; prohibit all non-essential uses of water as defined in this chapter; and to allocate the available water supply during any water shortage emergency to ensure that sufficient water will be available for human consumption, sanitation and fire protection.

B.    The purpose of this chapter is to preserve the use of the city’s water supply, to eliminate all non-essential water usage, and to provide for an allocation of existing water resources to ensure a sufficient water supply for human consumption, sanitation and fire protection. This chapter shall be liberally construed to effectuate its purpose. (Ord. 693 §I(1), (2), 1989)

13.12.020 Definitions.

As used in this chapter, the following terms shall be defined as stated in this section.

A.    “Customer” means a person using water supplied by the city of Lakeport.

B.    “Coordinator” means the mayor of the city of Lakeport or his/her designated representative.

C.    “Department” means the public works department of the city.

D.    “Hand-watering” means the water supplied to a customer through a hose connected to the customer’s piping system while such hose is handheld and such water is used outside of the customer’s home.

E.    “Irrigate” means to water land, whether by channels, by flooding, by sprinkling, or any other means whatsoever except hand-watering.

F.    “Water” means water supplied by the city of Lakeport. (Ord. 693 §I(3), 1989)

13.12.030 Declaration of water emergency--When.

When it appears that the city may be unable to supply the normal demands and requirements of water customers, the city council may, by resolution, declare a water emergency. The resolution shall specify the stage of emergency existing as defined in this chapter and shall place into effect the appropriate provisions of this chapter. Resolutions declaring Stage II and/or Stage III emergencies, as defined in this chapter, shall be effective immediately upon being passed by the city council. (Ord. 693 §I(4), 1989)

13.12.040 Notice.

All resolutions, except those declaring a Stage II or Stage III emergency, passed by the city council under this chapter shall be published by the city clerk at least once a week for four weeks in a newspaper of general circulation located within the county of Lake. (Ord. 693 §I(15), 1989)

13.12.050 Wasteful uses of water are prohibited.

Wasteful uses shall be determined by the coordinator and shall include, but not be limited to, allowing water to flow off of the customer’s property, excessive irrigation, and failure to repair leaks. (Ord. 693 §I(5), 1989)

13.12.060 Request for voluntary restrictions of water use‑‑Stage I.

Whenever the city council, by resolution, declares that a Stage I water emergency exists, the mayor shall issue a proclamation urging citizens to institute such water conservation measures on a voluntary basis as may be required to reduce water demand to coincide with the available supply. The, city clerk shall publish such proclamation at least once a week for four weeks in a newspaper of general circulation within the county for the purpose of giving notice to the city’s water customers. (Ord. 693 §I(6), 1989)

13.12.070 Prohibition of non-essential water use--Stage II.

A.    It is unlawful for any person to use water for any non-essential use as defined in this chapter, whenever the city council determines by resolution, that a Stage II water emergency exists.

B.    The following uses of water shall be considered as non-essential:

1.    Use of water from public hydrants for any purpose other than fire protection and/or prevention;

2.    Use of water through any meter when the consumer had been given two days notice to repair one or more leaks and has failed to complete such repairs;

3.    Use of water to irrigate grass, lawns, ground cover, shrubbery, vegetable gardens, trees, or other outdoor vegetation by other than hand watering and/or drip irrigation;

4.    Use of water for the construction of any structure, including such use in dust control;

5.    Use of water to wash any sidewalk, walkways, driveway, street, parking lot, or other hard-surfaced area by hosing or by otherwise direct use of water from faucets or other outlets.

6.    Use of water to wash any motor vehicle, trailer, airplane, or boat by hosing or otherwise using water directly from a faucet or other outlet.

7.    Use of water to fill or refill any swimming pool. (Ord. 693 §I(7), 1989)

13.12.080 Further non-essential uses prohibited--Stage III.

In addition to the non-essential uses set forth in Section 13.12.070, the following additional uses are determined to be non-essential when the council has, by resolution, declared that a Stage III water emergency exists.

A.    Use of water in excess of a daily usage allotment of fifty gallons per day per permanent resident (two hundred cubic feet per month per permanent resident);

B.    All other uses not expressly set forth in Stage II shall be limited to fifty percent of the prior water use for a similar period as determined by the department from its records. Where no such record exists, prior water use shall be deemed to be the average prior water use of similar existing services as shall be determined by the department from its records.

C.    The use of water to irrigate and for hand watering is prohibited.

D.    For the purposes of this section, the number of permanent residents shall be determined as follows: Each customer in whose name water is supplied to a residence shall, upon request of the coordinator, advise him/her under penalty of perjury of the number of permanent residents using water supplied to that residence. If such a residential customer shall fail to so advise the coordinator, such residence shall be permitted the water allocation provided for in this chapter for one permanent resident. (Ord. 693 §I(8), 1989)

13.12.090 Water rates.

Water rates shall be set from time to time by resolution of the city council. Water rates may be set for the purposes of encouraging conservative water usage practices. (Ord. 693 I(9), 1989)

13.12.100 Variances.

A.    The coordinator may:

1.    Grant temporary variances for the uses of water otherwise prohibited; or

2.    Adjust, temporarily, any or all customer’s allotment, if he/she finds and determines that, due to unusual circumstances, to fail to grant such a variance would cause an emergency condition affecting health, sanitation, or fire protection of the applicant or the public; further, he/she may grant such adjustment in the case of a mixed residential/non-residential use if he/she finds that such adjustment is necessary to place an equivalent allotment burden on the applicant.

B.    The city council shall ratify or revoke any such variance or adjustment at its next scheduled meeting. No such variance or adjustment shall be retroactive or otherwise justify any violations of this chapter. (Ord. 693 §I(10(part)), 1989)

13.12.110 Landscaping maintenance.

Use permits requiring the maintenance of landscaping shall be modified to suspend the maintenance provision whenever a Stage III water condition is declared, and property owners shall not be required by the city to replace affected landscaping. (Ord. 693 §I(10(part)), 1989)

13.12.120 Water shutoff.

Water may be shut off by the department with appropriate notice whenever the coordinator determines there has been a wilful failure to comply with the provisions of this chapter, any other provisions of this code to the contrary notwithstanding. Charges for reconnection or restoration of service which has been terminated pursuant to this section shall be at the rates and on the conditions set by resolution or other appropriate action of the city council. (Ord. 693 §I(11), 1989)

13.12.130 Enforcement--Designated persons.

A.    Each police officer of the city shall, in connection with his/her duties imposed by law, diligently enforce the provisions of this chapter.

B.    The coordinator and his designated employees shall have the duty and are authorized to enforce the provisions of this chapter. (Ord. 693 §I(13), 1989)

13.12.140 Violation--Penalty.

It is a misdemeanor for any person to use or apply water received from the city contrary to or in violation of any restriction or prohibition specified in this chapter, punishable by being imprisoned in the county jail for not more than thirty days, or by fine of not more than three hundred dollars, or both such fine and imprisonment. Any violation of this chapter permitted to continue after notice shall be a separate offense and shall be punishable as such under this section; further, each day such violation continues shall be considered a separate offense. (Ord. 693 §1(12), 1989)