Chapter 13.05
WATER CONSERVATION
Sections:
13.05.050 Prohibition on water waste.
13.05.060 Outdoor water use—Water conservation stages.
13.05.070 Mandatory conservation phase implementation.
13.05.090 Public nuisance—Definitions.
13.05.100 Enforcement officers.
13.05.010 Purpose.
It is the purpose and intent of this chapter to minimize outdoor water use and to control unnecessary consumption of the available potable water supplies in the city from city and private wells. (Ord. 723 § 1 (part), 1989)
13.05.020 Short title.
This chapter shall be known as the “Water Conservation Ordinance of the City of Dinuba.” (Ord. 723 § 1 (part), 1989)
13.05.030 Authorization.
The city manager, or his designee, is authorized and directed to implement the applicable provisions of this chapter upon their determination that such implementation is necessary to protect the public welfare and safety. (Ord. 723 § 1 (part), 1989)
13.05.040 Application.
The provisions of this chapter shall apply to all persons, customers and property whether receiving water from the city or other source, such as private wells, within the limits of the city. (Ord. 723 § 1 (part), 1989)
13.05.050 Prohibition on water waste.
The following uses of water are defined as a “waste of water” and are prohibited except as otherwise authorized:
A. The use of water which allows substantial amounts of water to run off to a gutter, ditch or drain. Every water user is deemed to have their water distribution lines and facilities under their control at all times and to know the manner and extent of their water use and excess runoff;
B. The excessive use, loss or escape of water through breaks, leaks or malfunctions in the water user’s plumbing or distribution facilities for any period of time after such escape of water should reasonably have been discovered and corrected. It shall be presumed that a period of forty-eight hours after discovery is a reasonable time within which to correct such leak or break;
C. The washing of vehicles, building exteriors, sidewalks, driveways, parking areas, tennis courts, patios or other paved areas without the use of a positive shutoff nozzle on the hose, which results in excessive runoff, except where necessary to dispose of liquids or substances that would endanger the public’s health and safety after obtaining authorization from city officials;
D. The watering of lawns, groundcover and shrubbery between the hours of eleven a.m. and six p.m. from May 1st to September 30th.
Exception: Commercial nurseries, commercial sod farmers, golf courses and similar establishments are exempt from the restrictions in subsection (D) of this section, but will be requested to minimize water waste at all times. (Ord. 723 § 1 (part), 1989)
13.05.060 Outdoor water use—Water conservation stages.
No one within the city shall knowingly make, cause, use or permit the use of water for residential, commercial, industrial, agricultural, governmental or any other purpose in a manner contrary to any provision of this chapter, or in an amount in excess of that use permitted by the conservation stage in effect pursuant to action taken by the city manager, or his designee, in accordance with the provisions of this chapter. Authorized personnel shall promulgate guidelines which shall set forth the criteria for determining when a particular conservation stage is to be implemented and terminated. Such guidelines shall be updated when, in the opinion of the city manager, the conditions of the utility system have changed so as to necessitate such update. The city manager shall include in such guidelines a scheduling system designating allowed days for irrigation by customers. Said guidelines shall be available for inspection at the city offices, and the public works administrative office, Alta Irrigation District, and the library during normal business hours.
A. Stage 1. Voluntary Conservation. Water users in the city are requested to voluntarily limit the amount of water used at all times to that amount absolutely necessary for health, business and irrigation.
B. Stage 2. Mandatory Compliance-Water Alert. Upon implementation by the city manager, and publication of notice, the following restrictions shall apply to all persons. All elements of Stage 1 shall remain in effect in Stage 2 except that:
1. Irrigation utilizing individual sprinklers or sprinkler systems of lawns, gardens, landscaped areas, trees, shrubs or other plants is permitted only on designated days between the hours of seven p.m. and ten a.m. Irrigation of lawns, gardens, landscaped areas, trees, shrubs or other plants is permitted at any time if:
a. A handheld hose with a positive shut off nozzle is used or,
b. A handheld bucket is used or,
c. A drip irrigation system is used.
Exception: Commercial nurseries, commercial sod farmers, and similar establishments are exempt from Stage 2 irrigation restrictions, but will be requested to curtail all nonessential water use.
2. The washing of automobiles, trucks, trailers, boats, airplanes and other types of mobile equipment is permitted only between the hours of seven p.m. and ten a.m. Such washing, when allowed, shall be done with a handheld bucket, or a handheld hose equipped with a positive shutoff nozzle for quick rinses.
Exception: Washing may be done at any time on the immediate premises of a commercial carwash or commercial service station. Further, such washing may be exempted from these regulations if the health, safety and welfare of the public is contingent upon frequent vehicle cleanings, such as emergency vehicles, garbage trucks and vehicles to transport food and perishables.
3. The refilling or adding of water to swimming pools, wading pools and/or spas is permitted only between the hours of seven p.m. and ten a.m.
4. The operation of any ornamental fountain or other structure making similar use of water is prohibited unless the fountain uses a recycling system, such as an electric pump.
5. The washing of sidewalks, driveways, parking areas, courts, patios or other paved areas is absolutely prohibited.
6. All restaurants are requested to serve water to customers only when specifically requested by the customers.
C. Stage 3. Mandatory Compliance-Water Emergency. Upon implementation by the city manager and publication of notice, the following restrictions shall apply to all persons. All elements of Stage 2 shall remain in effect in Stage 3 except that:
1. All outdoor irrigation of vegetation shall be permitted only between the hours of eight p.m. and twelve midnight on designated days.
2. The washing of automobiles, trucks, trailers, boats, airplanes and other types of mobile equipment not occurring upon the immediate premises of commercial carwashes and commercial service stations and not in the immediate interest of the public health, safety and welfare shall be prohibited.
3. Use of water from fire hydrants shall be limited to firefighting and/or other activities immediately necessary to maintaining the health, safety and welfare of the citizens of Dinuba.
4. Commercial nurseries, commercial sod farmers, and similar establishments shall water only on designated days between the hours of ten a.m. and six p.m. and shall use only handheld hoses, drip irrigation systems, or handheld buckets.
5. The filling, refilling, water to swimming pools, wading pools and/or spas is prohibited.
6. The operation of any ornamental fountain or similar structure is prohibited. (Ord. 723 § 1 (part), 1989)
13.05.070 Mandatory conservation phase implementation.
The public works department along with Alta Irrigation District shall monitor the projected supply and demand for water within the city shall recommend to the city manager the extent of the conservation required through the implementation and/or termination of particular conservation stages in order to assure the water supply of the city. Thereafter, the city manager, as directed by administrative policies, shall order that the appropriate phase of water conservation be implemented or terminated in accordance with the applicable provisions of this chapter. Said order shall be made by public announcement and shall be published a minimum of one time in a daily newspaper of general circulation and shall continue to be published on a weekly basis until such time as all restrictions are removed and shall become effective immediately upon such publication. (Ord. 723 § 1 (part), 1989)
13.05.080 Enforcement.
It is one of the objectives of the city council that the residents of Dinuba be encouraged to voluntarily comply with the provisions of this chapter, therefore, in furtherance of said objective, the enforcement of this chapter will permit the issuance of up to three warnings of violations of Sections 13.04.090 and/or 13.04.100, by way of written notices of violation to the violating water use, before the issuance of a citation for said violations.
Notwithstanding the foregoing, any person, firm or corporation violating any provisions of Sections 13.04.090 and/or 13.04.100, of this chapter, including any or all other amendments, revisions or supplements, is guilty of an infraction and, upon conviction, shall be punished accordingly, as set forth in Section 1.16.010 of this code. If any violation is continued, each day’s violation is deemed a separate infraction. (Ord. 96-2 § 10, 1996: Ord. 723 § l (part), 1989)
13.05.090 Public nuisance—Definitions.
In addition to any other remedies which may otherwise be available to the city, the city council makes the following findings and declarations:
The waste of water, as that term is defined herein, on public or private property within the city, is hereby found to contribute to and compound drought conditions which may, from time to time, exist in the city, to the detriment of one of our most precious and finite resources, water. Such conditions cause injury to the health, safety and general welfare of the citizens of Dinuba. Therefore, the waste of water within the city on private or public property, except as expressly permitted in this chapter is declared to constitute a public nuisance which may be abated in an action brought on behalf of the people of the state, by the city attorney, in any court of competent jurisdiction. (Ord. 723 § l (part), 1989)
13.05.100 Enforcement officers.
All peace officers and persons authorized by law to issue citations within the city shall, in conjunction with duties imposed by the law, diligently enforce the provisions of this chapter.
Pursuant to the provisions of Section 836.5 of the Penal Code, the following officers and employees of the city are designated as enforcement officers and authorized to issue citations for enforcement of this chapter:
Director of public works Animal control officer City engineer
Building official
Public works superintendent Building inspector
Employees of the city are authorized by this chapter to issue written notices of violations of Sections 13.04.090 and 13.04.100 but are not authorized by law to issue citations for said violations. (Ord. 723 § l (part), 1989)
13.05.110 Exceptions.
Consideration of written applications for exceptions regarding regulations and restrictions on water use not otherwise set forth in previous sections of this chapter shall be as follows:
1. Written application for exception may be granted by the director of the public works department.
2. Exceptions may be granted if.
a. Compliance with this chapter would cause an unnecessary and undue hardship to the applicant, including, but not limited to, adverse economic impacts, such as loss of production or jobs; or
b. Compliance with this chapter would cause a condition affecting the health, sanitation, fire protection or safety of the applicant or the public. (Ord. 723 § 1 (part), 1989)