Chapter 13.04 WATER SERVICE SYSTEM

6. “Cross-connection” means any unprotected connection between any part of a water system used or intended to supply potable water and any source or system containing nonpotable water or other substances that are not safe or cannot be approved as safe, wholesome, and potable for human consumption.

7. “Customer” or “consumer” means an individual or agency of record receiving utility service from the city.

8. “Developer” means a person or corporation requesting water service from the city regardless of the number of services.

9. “Development” means the improving of developed and/or undeveloped land to more fully use the available land and/or structures. A development may be a subdivision.

10. “Domestic service” means provision of water for household residential purposes, including water for sprinkling lawns, gardens and shrubbery; watering livestock; washing vehicles; and other similar and customary purposes.

11. “Employee” means and includes any person designated by the city administrator or director of public works to perform work and labor for the utility department, excluding contractors and their employees.

12. “Fire hydrant” means any device for supplying water from city water lines to a fire hose or fire truck.

13. “Fire service” means provision of water to premises for automatic or manual fire protection systems.

14. “Flat rate” means a fixed periodic charge for an unmetered service.

15. “Flat rate service” means provision of water in unmeasured quantities.

16. “Health department” means the State of California Department of Public Health.

17. “Idler” means that piece of pipe used to conduct water in place of a meter.

18. “Industrial service” means provision of water to a customer for use in manufacturing, processing activities, or other uses as described in EMC Title 17, Zoning.

19. “Irrigation service” means provision of water for commercial, agricultural, floricultural or horticultural use.

20. “Mains” means distribution pipelines located in streets, highways, public ways, or public utility easements which are used to serve the general public.

21. “Meter” means the device used to measure water consumption, i.e., water meter.

22. “Meter rate service” means provision of water in measured quantities.

23. “Municipal or public use” means provision of water to a municipality or other public body.

24. “Person” means any natural person, firm, partnership, association, or corporation acting either for himself or as employee or agent for another.

25. “Rentable unit” means any building or portion thereof that can be used as a completely independent unit.

26. “Senior citizen” means all persons who have reached the age of 65 years and are classed as “head of household.”

27. “Service line” or “service connection” means the pipe, valves, and other facilities by which the utility conducts water from its distribution mains to and through the meter; or, to the curb-stop or shutoff valve on an unmetered service connection.

28. “Standards” means the standard plans, details, and specifications prepared by the city engineer and adopted by the city council.

29. “Subdivider” means a person, firm, corporation, partnership, or association who proposes to divide, divides, or causes to be divided real property into a subdivision for himself or for others; except that employees and consultants of such persons or entities acting in such capacity are not “subdividers.”

30. “Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a parcel or as contiguous parcels.

31. “Temporary service” means a service to bazaars, circuses, construction work, fairs, irrigation of vacant property, and similar uses, that because of their nature will not be used steadily or permanently.

32. “Utility” means the public utility or publicly owned utility named herein.

33. “Utility service” means and includes water and/or sewer and/or refuse service.

34. “Water main” means the pipe, valves, and other appurtenances owned and maintained by the city, usually three inches in diameter and larger, laid in street, road, right-of-way or easement, capable of serving two or more customers.

35. “Water wasting” means the use of water in such a manner that excess water is used and not effectively utilized for the lawfully intended purpose. (Ord. 414 § 1, 1995; Ord. 231 § 1, 1984)

Article II. General Provisions

13.04.020 Management and control of system.

A. The management, control, and care of the city water system shall be vested in the city council and administered by the city manager, director of public works, and city engineer.

B. The city shall own and operate the water system serving designated areas within and without the corporate limits of the city and may purchase existing systems or construct new works as may be necessary to supply to the people within and without the corporate limits of the city an adequate and safe domestic water supply. The city council shall designate the areas within and without the corporate limits of the city which shall receive water service from the Escalon water system. The city shall endeavor to supply a safe, potable, continuous and sufficient supply of water at proper pressure to all customers at all times. (Ord. 581 § 3 (Exh. A), 2020; Ord. 231 § 2(A), 1984)

13.04.030 Right of entry.

A. Whenever necessary to make an inspection to enforce any provision of this chapter, or whenever the city has reasonable cause to believe that there exists in any building or upon any premises any condition which violates this chapter, city employees may enter such building or premises at all reasonable times to inspect same or to perform any duty imposed by this chapter; provided, that if such building or premises is occupied, the city employee shall first present proper credentials and request entry; and if such building or premises be unoccupied, the city shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the city shall have recourse to every remedy by law to secure entry.

B. When the city shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other person having charge, care, or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the city employees for the purpose of inspection, examination, or repair pursuant to this chapter. Any person violating this subsection shall be guilty of a misdemeanor. (Ord. 231 § 2(B), 1984)

13.04.040 Water meter damage prevention – User responsibility.

It shall be the responsibility of all water users to prevent contamination of or damage to water meters or water systems by reason of their use of water and water equipment, and if required by the city shall install and maintain, at their expense, backflow preventers, check valves, surge tanks, or other devices prescribed by the city in order to avoid contamination of or damage to the water meters or system. (Ord. 231 § 2(C), 1984)

13.04.050 Damage to system.

Any person, including public entity, who damages any city water line, meter, fire hydrant, or appurtenant facility shall immediately report the location and extent of the damage to the city. The city shall thereupon repair the damage and charge the costs of such repair to the person or utility who caused the damage. (Ord. 231 § 2(D), 1984)

13.04.060 Prohibited acts.

The following acts shall be prohibited:

A. No person shall make connection with the system without first obtaining a permit from the city.

B. No unauthorized person shall turn on or off or otherwise interfere with any water line, fire hydrant, or appurtenant facility.

C. No person shall make any alteration to any conduit, pipe, or other fixture connecting with city mains, or to connect pipes when they have been disconnected, or to turn water off or on at the premises without the permission of the city.

D. No person shall construct a bypass around any meter or service.

E. No person shall supply city water from his premises to another premises without written authorization by the city.

F. No person shall install or maintain any pipe, faucet, hose bib, fixture, or appliance connected to the water system in such condition or state of disrepair that water may be, or is, lost or wasted.

G. No person shall waste water.

H. It is unlawful for any person to operate, alter, change, remove, disconnect, connect with, use water from or interfere in any manner with any fire hydrant owned or used by the city without first obtaining written permission from the director of public works. (Ord. 414 § 1, 1995; Ord. 231 § 2(E), 1984)

Article III. Application and Conditions for Service

13.04.070 Customer use agreement – Service cut off when.

Every customer shall be deemed to have expressed his consent to be bound to the terms and provisions of this chapter as adopted and as may be amended at a later date. Whenever any regulation is violated, the city reserves the right to disconnect water as provided for in this chapter. The customer whose water is disconnected shall forfeit all payments made and water shall not be reconnected until all unpaid charges are paid and other requirements of these regulations are met. (Ord. 434 § 3, 1997; Ord. 231 § 3(A), 1984)

13.04.080 Charges to be paid at time of request for service.

All water charges, fees, and deposits shall be paid at the time service is requested. No building, plumbing, or electrical permits shall be issued until such water charges, fees, and deposits are paid. (Ord. 434 § 3, 1997; Ord. 231 § 3(B), 1984)

13.04.090 Furnishing water – Conditions.

A. When the water mains are in place or within a reasonable distance from a particular parcel, the city will furnish water service from such line to the back of the curb line, if the water line is located in the street; or to the back of the sidewalk, if a sidewalk is in place (except when there is a parkway between the curb and sidewalk); or to the property line if the water line is located in an easement or alley.

B. Water will not be furnished where there are defective or leaking faucets, closets, or other fixtures, or where there are water closets or urinals without self-closing valves, or tanks without self-acting float valves, or when backflow preventer, check valves or other devices required by the city are not in place and when such may be discovered, the service may be disconnected until such deficiencies are corrected. (Ord. 434 § 3, 1997; Ord. 414 § 1, 1995; Ord. 231 § 3(C), 1984)

13.04.100 Multiple users.

If more than one consumer is served from the same service connection, the owner of the property or his agent shall be required to sign for and guarantee payment for water service thereat, and the owner shall be liable for all water served through such connection. (Ord. 434 § 3, 1997; Ord. 231 § 3(D), 1984)

13.04.110 Use of water by other than supplied person.

No customer using city water shall supply any other premises, or allow any other person to connect to the water user’s service connection, or permit a further connection to be made to the water user’s system which would serve any other premises, without written authorization by the city. (Ord. 434 § 3, 1997; Ord. 231 § 3(E), 1984)

13.04.120 Income from system – Water fund.

A. The city manager or designee shall collect all moneys due to the city for water service, connection fees, payments for extensions, and all other costs, charges, penalties and fees as provided in this chapter, and shall deposit them into the city treasury and account for them in the same manner as they paid into the city treasury and account for all other sums received.

B. All moneys collected shall be placed in special funds known as the water operating, capital projects, depreciation reserve and debt service funds and such moneys shall thereafter be expended for the administration, engineering, financing, operation, maintenance, and expansion, including the purchase of land and/or easements, of the city water system. (Ord. 434 § 4, 1997; Ord. 231 § 3(G), (H), 1984)

13.04.130 Fees and charges – Establishment – Failure to pay.

The amounts of all fees and charges provided for in this chapter, including but not limited to water rates, connection fees, standby fire protection service fees, deposits, reconnection charges, and penalties, shall be established from time to time by resolution of the city council. Failure to pay any fee or charge established by resolution adopted pursuant to this chapter shall constitute a violation, and shall be subject to fines and penalties set forth in this code. (Ord. 434 § 4, 1997; Ord. 231 § 3(F), 1984)

13.04.140 Application for service, deposit requirements, payment and collection of bills, discontinuance of service.

Provisions pertaining to the application for water service, deposit requirements, payment and collection of bills, discontinuance of service and transfer of service to a new address are contained in Chapter 13.10 EMC. (Ord. 434 § 4, 1997; Ord. 231 § 3(I), 1984)

13.04.150 Termination of service.

Whenever the city receives a written request from any property owner to terminate or discontinue water service to any property for the reason that the property is unoccupied and does not require such service, the city shall terminate water services as of the date such notice is received, and shall render a bill for all unpaid charges up to and including that date. Any request for resumption of such service shall be treated as a new application for service and shall conform to all requirements of this chapter for new service. (Ord. 231 § 3(J), 1984)

Article IV. Rates and Service Charges

13.04.160 Income from system – Water fund.

A. The city manager shall collect all moneys that shall become due to the city for water services, connection fees, payments for extensions, and all other costs, charges, penalties and fees as provided herein and shall pay them into the city treasury and account for them in the same manner as the city manager pays into the city treasury and accounts for all other sums received in his official capacity.

B. All moneys so collected shall be placed in special funds to be known as the water operating, capital projects, depreciation reserve and debt service funds and such moneys shall thereafter be expended for the administration, engineering, financing, operation, maintenance, and expansion, including the purchase of land and/or easements, of said city water system. (Ord. 414 § 1, 1995; Ord. 231 § 4(A), 1984)

13.04.170 Fees and charges – Establishment – Failure to pay.

The amounts of all fees and charges provided for herein, including but not limited to water rates, connection fees, standby fire protection service fees, deposits, turn-on charges, penalties, and reconnection fees, shall be established from time to time by resolution of the city council. The failure to pay any fee or charge established by resolution adopted pursuant to this chapter shall constitute a violation of this chapter, and shall be subject to fines and penalties set forth in this code. (Ord. 231 § 4(B), 1984)

13.04.180 Payment of water bills.

A. Water bills shall be rendered on a bimonthly basis and are due and payable seven days after the mailing or emailing by the city. They shall be considered delinquent if not paid by that date.

B. Any nonresidential account which is not paid within 30 days of the delinquent date shall be subject to a five-day notice and late fee. The late fee will be 10 percent of the amount due or $5.00 whichever is greater. Any account not paid in full within the five days shall receive a notice of disconnect on their door and be disconnected. A disconnect fee shall be imposed on the consumer at this time, whether or not the service is physically disconnected. Additionally, flat rate services may be required to install a meter as a condition of reconnection to the system.

C. Any residential account which is not paid within 30 days of the delinquent date shall be subject to a late fee. The late fee will be 10 percent of the amount due or $5.00 whichever is greater. Any account not paid in full within 60 days of the delinquent date shall receive a notice of disconnect on their door and be disconnected. A disconnect fee shall be imposed on the consumer at this time, whether or not the service is physically disconnected. Additionally, flat rate services may be required to install a meter as a condition of reconnection to the system. Residential water service disconnection shall follow the policy on discontinuation of residential water service established by resolution.

D. When a service is disconnected due to nonpayment of bills, service shall not be resumed until all charges and penalties are paid. All charges and penalties which are not paid shall become a lien on the property. Termination of service shall not be effective to a residential dwelling for nonpayment while an investigation of a customer dispute or complaint is pending or in progress by the city. Termination of water service shall not be effected on any Saturday, Sunday, legal holiday or at any time during which the business offices of the city are not open to the public. (Ord. 581 § 3 (Exh. A), 2020; Ord. 414 § 1, 1995; Ord. 231 § 4(C), 1984)

Article V. Water Meters

13.04.190 Use of meter required.

A. Except as hereinafter provided, the quantity of water furnished by the city to all water users shall be determined and ascertained by a meter. All new services shall be provided with a water meter.

B. All water meters shall be sized for the anticipated flow in accordance with city standards.

C. Any property which has a flat rate water service shall be converted to a metered service before July 2000. To facilitate this policy, the water service fee for all flat rate customers as of July 1995 shall include a meter installation component. The city, at its discretion, may install meters on flat rate services any time during the conversion period. The flat rate fee shall remain in effect on those flat rate services as of July 1995 until July 2000, or until meter is paid in full, at which time billing shall revert to metered charges. The flat rate service charges shall be as adopted by the city council from time to time.

D. In addition, any property which is currently served with a flat rate service shall install a meter and be converted to metered charges immediately under any of the following circumstances:

1. If the service is over one inch in size;

2. If the ownership of the property changes hands, upon the sale or conveyance, including conveyance by foreclosure, court order, or by operation of law, of the premises so served, or the property is split, or subdivided;

3. If a permit for the construction of a swimming pool is taken out;

4. If a permit for the construction of an addition, or remodeling (excluding reroofing or installation of siding) with a construction value in excess of $10,000 is taken out;

5. If the property is used for multifamily occupancy;

6. If the property is occupied for any nonresidential use;

7. If an application for service is made by any property on which the water service has previously been disconnected according to the provisions of the municipal code.

The costs of said meter installation, less any previously paid meter installation charges, shall be paid to the city either by the old owner or the new owner as they may agree, but no later than 60 days after the installation has been made. In the event payment to the city is not made within said time, city may disconnect the water service in the manner provided by EMC 13.04.180. Any unpaid costs shall, in addition, become a lien on the property pursuant to EMC 13.04.110. (Ord. 414 § 1, 1995; Ord. 353 § 1, 1991; Ord. 231 § 7(A), 1984)

13.04.200 Installation.

All water meters shall be installed adjacent to and on the property owner’s side of the curbline if installed along a street, and on the property line if installed in an alley. Meters shall be installed in accordance with city standards. (Ord. 231 § 7(B), 1984)

13.04.210 Meter failure provisions.

In the event any meter fails to operate properly or to correctly register the water used, the charge for the period during which said meter fails to operate properly or fails to register water shall be based upon the average daily consumption for the same period of the prior year by the same user. If such a reading is not available, the city shall estimate the amount of such consumption from all information available and the consumer shall be charged on the basis of such estimate for water consumed. (Ord. 231 § 7(D), 1984)

13.04.220 Change of location or size.

Any person desiring to change the location or size of a service that has already been installed

shall make an application to the city, and upon payment in advance of the cost as determined by the city, the city may cause said change to be made. No such change will be made unless such change is determined to be feasible and can be done at a reasonable cost. (Ord. 231 § 7(G), 1984)

13.04.230 Testing.

A. When any water consumer makes a complaint that the bill for any particular period is excessive, the city will, upon request, have such meter reread, and the service inspected for leaks. Should such consumer then desire that the meter be tested, he will be required to make a deposit to cover the cost of making such test.

B. The meter will then be changed or tested. Should the meter be found to register over three percent more water than actually passes through it, another meter will be substituted therefor, and the deposit shall be refunded to the person making the request. If the meter is found to register not over three percent, the deposit shall be forfeited to the city and the water bill paid as rendered. (Ord. 231 § 7(E), 1984)

13.04.240 Damage or obstruction.

A. Meter Obstruction. Water meters and meter boxes are the property of the city and it shall be unlawful to damage or interfere with them or to place dirt, trash, or other obstructions on or over the meter boxes.

B. Damage to Meter. If a meter or appurtenances are damaged by the carelessness or negligence of the owner or occupant of the premises, the city will repair the meter and cost of such repairs shall be charged against the owner of the property, and if not paid within 30 days, shall become a lien against said property. (Ord. 231 § 7(C), (F), 1984)

13.04.250 Unauthorized turn-on.

No person shall turn on or reconnect a water meter or water connection that has been turned off or disconnected by the city. (Ord. 231 § 7(H), 1984)

Article VI. Main Extensions

13.04.260 New subdivision and development.

A. Any new subdivision or development which will receive water service from the city water system shall, at the developer’s expense, design, install and construct the necessary main lines, laterals, meter boxes, service connections, fire hydrants, and appurtenances in accordance with city standards. The subdivider or developer shall convey ownership thereof to the city and pay to the city connection fees for each lot or parcel to be served in the subdivision or development. The mains shall extend to the farthest limits of the subdivision or development as required by city standards or by the city engineer.

B. Where the city requires the developer to install pipelines in excess of 10 inches diameter, or water master plan pipeline elements, the difference in cost between a 10-inch-diameter pipeline and that actually installed may be returned to the developer subject to the following conditions:

1. The source of funds for amounts to be returned shall be from water system connection fees collected with the subdivision or development served by the facilities installed.

2. Calculation of the amount eligible for return will be in accordance with a schedule of over sizing reimbursements prepared by the city engineer.

3. The maximum amount returned shall not exceed the amount computed by the city engineer, less a two percent administrative fee.

4. Fees will be returned to the developer annually for the connections made in subject development during the previous year.

5. The city’s obligation to make reimbursements to the developer shall terminate on the anniversary of the tenth year following the date the improvements were accepted by the city. (Ord. 414 § 1, 1995; Ord. 231 § 6(A), 1984)

Article VII. City Facilities

13.04.270 Pipelines property of city.

All pipelines, valves, fire hydrants, and appurtenant facilities constructed in or under city streets, easements, or alleys shall become the property of the city upon completion of the installation, and upon final inspection and acceptance of the lines by the city engineer and director of public works. (Ord. 231 § 5(A), 1984)

13.04.280 Maintenance of lines.

The city will maintain all pipelines, laterals, and appurtenances within the city right-of-way, on city property or easements. It shall be the responsibility of all water users to maintain the water service line from, but not including the water meter to the outlets of the line, inclusive of city easements. (Ord. 231 § 5(B), 1984)

13.04.290 Easements on private property.

When a line is to be constructed across private property to serve one or more parcels of land, a utility easement shall be granted to the city; and the easement, line, size, and installation approved by the city engineer and the director of public works. (Ord. 231 § 5(C), 1984)

13.04.300 Right to shut off water.

The city shall have the right at any time to shut off, ration, or apportion water by reason of an emergency, shortage of water supply, or for making repairs, modifications, changes, or other work in city water service facilities. (Ord. 231 § 5(D), 1984)

Article VIII. Customer Facilities

13.04.310 Installation at owner’s expense.

All on-site and off-site water lines, connections, valves, plumbing and accessory water facilities shall be constructed and installed at the consumer expense, and shall be to city standards and approved by the city prior to water service turn-on. (Ord. 231 § 8(B), 1984)

13.04.320 Right of access.

Access to service connections, turn-off valves, and meters shall be provided for the city at all times. (Ord. 231 § 8(A), 1984)

13.04.330 Installation of new plumbing – Stopcock or valve required.

When old plumbing is being repaired or remodeled, or new plumbing is being installed, the consumer shall install a stopcock or valve on the pipe between the property line and the first fixture on his premises. Unless such stopcock or valve is installed, the city shall not be required to turn on the water or to install a service connection. (Ord. 231 § 8(C), 1984)

13.04.340 Maintenance of fixtures and boilers.

The city shall not be liable for any damage to the property of the consumer or others caused by broken, damaged or leaky fixtures upon the premises of the consumer. The city may charge for all water supplied the consumer through a meter, even though the water is wasted because of broken, damaged, leaky or open fixtures. The city shall in no case be liable for damages caused by water running from open fixtures in or on premises to which it has turned on the water. The city shall not be responsible for the safety of boilers on the premises of any consumer. (Ord. 231 § 8(D), 1984)

Article IX. Backflow and Cross-Connection Control

13.04.350 General requirements.

In accordance with the requirements of the regulations of the California Administrative Code, Title 17, Chapter V, Sections 7583 to 7622, inclusive, no water service connection to any premises shall be installed or maintained by the city unless the public water supply is protected as required by said state regulations and the requirements stated below. This section supplements and does not supersede local plumbing regulations, codes or ordinances, or State Department of Public Health regulations relating to water supply. (Ord. 463 § 1, 2002; Ord. 231 § 9(A), 1984)

13.04.360 Backflow prevention – Installation of devices.

A. Backflow prevention devices required herein shall be installed in accordance with city standards at the expense of the customer.

B. All backflow preventers shall be inspected, tested and maintained by a certified backflow prevention device tester on a regular basis, and a report of such activity shall be submitted to the city on forms provided by the city.

C. In general, the backflow prevention device shall be inspected and tested at time of installation and thereafter according to the following schedule:

Type of Device	Frequency of Test
Air gap	Annually
Reduced pressure principle	Annually
Double check valve	Annually

D. All inspections, testing, maintenance and reporting shall be done at the expense of the customer. (Ord. 463 § 1, 2002; Ord. 231 § 9(E), 1984)

13.04.370 Backflow prevention – Required where.

A. In general, backflow prevention devices shall be installed on the service connection to any premises having:

1. Any service connection having an auxiliary water supply, or internal systems containing water of deteriorating quality;

2. Any service connection to any sewage treatment plant, sewage pumping station, or any premises which handle or transport sewage;

3. Any service connection where any substance is handled under pressure in such fashion as to permit entry into the water system; and

4. Any service connection where material dangerous to health or toxic substance might possibly be introduced into the water system.

B. The type of protection required for each type of premises shall be stipulated in the city standards. (Ord. 463 § 1, 2002; Ord. 231 § 9(B), 1984)

13.04.380 Private wells.

No person, firm or corporation may drill, dig, install or operate a water well within the city for any purpose without the consent of the city. (Ord. 231 § 9(C), 1984)

13.04.390 Existing wells.

A. No person, firm or corporation owning or operating an existing well within the city may furnish water for sale or gift to any other premises.

B. If a request is received to connect the city water system from an owner having a well on his property, that well shall be properly abandoned in accordance with state and city standards, or an approved reduced pressure principle backflow prevention device shall be installed before the connection can be made. (Ord. 231 § 9(D), 1984)

13.04.400 Discontinuance of service.

The city may shut off service to any premises and may physically disconnect the customer’s piping from the city’s water distribution system if a backflow prevention device required by this section is not installed, tested and maintained as required, or if any defect is found in an installed backflow prevention device, or if it is found that a backflow prevention device has been removed or bypassed, or if unprotected cross-connections exist on the premises; and service will not be restored until such conditions or defects are corrected. (Ord. 463 § 1, 2002; Ord. 231 § 9(F), 1984)

Article X. Enforcement

13.04.410 Correction of violations.

In order to enforce the provisions of this chapter, the city may correct any violation of this chapter. The cost of such correction, including attorney’s fees, may be added to any water service charge payable by the person occupying the property upon which the violation occurred, and the city shall have such remedies for the collection of such costs as it has for the collection of water service charges. (Ord. 231 § 2(I), 1984)

13.04.420 Falsifying of information prohibited.

No person shall knowingly make any false statement, representation, record, report, plan or other document filed with, or to be filed with or taken by, the city. (Ord. 231 § 2(G), 1984)

13.04.430 Right to shut off service.

The city shall have the right, upon five days’ written notice, to shut off or disconnect the water to any building or premises violating the provisions of this chapter. (Ord. 231 § 2(F), 1984)

13.04.440 Violation an infraction.

It is unlawful and constitutes an infraction for any person to violate or fail to comply with any provision of this chapter. (Ord. 470, 2003; Ord. 414 § 1, 1995; Ord. 231 § 2(H), 1984)