CHAPTER 14.06
WATER CONSERVATION
Section
14.06.010 Declaration of intent
14.06.020 Water conservation stages
14.06.030 Base allocation of water
14.06.050 Conservation stages and prohibited water uses
14.06.060 Minor and major offenses in water conservation stages
14.06.070 Use of water tanks encouraged
14.06.080 Installation of conservation devices in remodels and new construction
14.06.010 DECLARATION OF INTENT.
The ordinance codified in this chapter is intended to allocate equitably, City supplied water during the time when a water shortage exists to ensure that sufficient water will be available for human consumption, sanitation, and fire protection. (Ord. 883 § 1, passed 7-13-2009)
14.06.020 WATER CONSERVATION STAGES.
In determining the City water system’s water conservation stage, the City Manager shall determine whether the system’s water supplies and sources available are sufficient to meet the current customer demands on the system and shall consider all relevant factors. The City Manager shall consider, among other things: (A) any variations in the reliability of the water supplies available to the system; (B) availability of well or other nonpotable water to meet the nonpotable demands on the water system; (C) weather forecast and other factors that impact flows in the City’s surface water sources; and (D) the success, or lack thereof, of previous declarations of a less stringent water conservation stage in meeting the water use reductions sought by the City.
For calculating the percentage reduction for water conservation targets, the amount of City-supplied water used in the most recent calendar year in which no conservation measures were implemented between May 1st and October 31st, measured in 100 cubic feet (“seasonal water demand”), will be used. This seasonal water demand may also be used to establish base water allocations as set forth in § 14.06.030.
Uses of potable water supplied by the City of Fort Bragg that are identified as prohibited during a water conservation stage shall be allowed only where necessary to address an immediate health and safety need. The City Manager may initiate implementation and enforcement of whatever conservation measures that are deemed necessary to achieve the water reduction requirements of the declared conservation stage. For each stage, the target water use reduction for customers shall be as follows:
A. Stage 1 (Water Alert) shall target a reduction of at least five to ten percent (5% – 10%) of seasonal water demand.
B. Stage 2 (Water Warning) shall target a reduction of ten to twenty percent (10% – 20%) of seasonal water demand.
C. Stage 3 (Water Emergency) shall target a reduction of twenty to thirty percent (20% – 30%) of seasonal water demand. Except in the event of a wildfire or a breakage or failure of a dam, pump, pipeline or conduit causing an immediate emergency, a Stage 3 Water Emergency must be declared by a resolution of the Fort Bragg City Council in compliance with the notice and public hearing requirements of Water Code Sections 351 and 352.
D. Stage 4 (Water Crisis) shall target a reduction of thirty to forty percent (30% – 40%) of seasonal water demand. Except in the event of a wildfire or a breakage or failure of a dam, pump, pipeline or conduit causing an immediate emergency, a Stage 4 Water Crisis can only be declared after a Water Emergency has been declared by a resolution of the Fort Bragg City Council in compliance with the notice and public hearing requirements of Water Code Sections 351 and 352.
E. Stage 5 (Critical Water Shortage) shall target a reduction of forty to fifty percent (40% – 50%) of seasonal water demand, unless it is determined by the City Manager that a greater reduction of seasonal water demand is required to protect public health and safety. Except in the event of a wildfire or a breakage or failure of a dam, pump, pipeline or conduit causing an immediate emergency, a Stage 5 Critical Water Shortage can only be declared after a Water Emergency has been declared by a resolution of the Fort Bragg City Council in compliance with the notice and public hearing requirements of Water Code Sections 351 and 352.
(Ord. 883 § 1, passed 7-13-2009; Ord. 919, § 2, passed 08-24-2015; Ord. 922, § 4 (Exh. A), passed 10-13-2015; Ord. 923, § 2, passed 01-25-2016; Ord. 969, § 2, passed 07-12-2021)
14.06.030 BASE ALLOCATION OF WATER.
The City Manager may develop a base allocation for each class of customer account that considers the needs and characteristics of each customer class for seasonal water demand. This base allocation may be used to evaluate compliance with the conservation stage in effect and to implement additional water use restrictions as necessary for the reasonable and efficient use of water.
(Ord. 883 § 1, passed 7-13-2009; Ord. 919, § 3, passed 08-24-2015; Ord. 922, § 4 (Exh. A), passed 10-13-2015; Ord. 923, § 3, passed 01-25-2016; Ord. 969, § 3, passed 07-12-2021)
14.06.040 [RESERVED].
14.06.050 CONSERVATION STAGES AND PROHIBITED WATER USES.
Water use restrictions during the various conservation stages shall include the restrictions specified in this section and may be augmented by additional restrictions as deemed necessary by the City Manager. Such restrictions apply to all persons using or consuming water both inside and outside the City and within the water service area and regardless of whether any person using water has a contract for water service within the City.
A. During a Stage 1 (Water Alert) conservation stage, the following restrictions shall apply:
1. Water will only be used for “beneficial uses” as that term is defined in Subarticle 2 of Article 2 of Chapter 2 of Division 3 of Title 23 of the California Code of Regulations, [14 CCR § 659 et seq.]. Beneficial uses include, but are not limited to, domestic use and irrigation use. All wasteful use of water that constitutes water misuse as defined in 23 CCR § 4000(c) is prohibited. Wasteful uses include, but are not limited to, any unreasonable water use or unreasonable method of water use.
2. During water use, water shall be confined to the customer’s property and shall not be allowed to run off to adjoining property, private or public walkways and sidewalks, roadways, parking lots or other structures. Care shall be taken not to water past the point of saturation.
3. Landscape irrigation, including public and private streetscape landscaping (medians and frontage), shall be limited to a maximum of 3 days per week, with the exception of drip irrigation, which may be conducted on any day.
a. Customers may irrigate only on Tuesdays, Thursdays and Saturdays from 12:00 a.m. to 9:00 a.m. and 6:00 p.m. to 11:59 p.m.
b. No irrigation is permitted on Mondays, Wednesdays, Fridays, or Sundays.
4. Free flowing hoses are prohibited for all uses including landscape watering, vehicle and equipment washing, ponds, and evaporative coolers. Automatic shut-off devices shall be installed on any hose or filling apparatus while in use.
5. All pools, spas and ornamental fountains/ponds shall be equipped with a recirculation pump and shall be constructed to be leak proof. Pool draining and refilling shall be allowed only to the extent required for health, maintenance, or structural considerations, and must otherwise comply with all applicable federal, state and local stormwater management requirements, including but not limited to Chapter 12.14, Drainage Facility Improvements and Drainage Fees.
6. Restaurants shall serve water only upon specific request.
7. Hotels, motels and other commercial lodging establishments shall offer patrons the option to forego the daily laundering of towels, sheets and linens. Each lodging establishment shall prominently display notice of this option in each guestroom using clear and easily understood language.
8. Residents and business owners shall repair all water leaks as soon as feasibly possible, but no later than 5 days after notification by the City or discovery by the owner.
B. During a Stage 2 (Water Warning) conservation stage, the following restrictions shall apply:
1. All Stage 1 (basic stage) restrictions shall continue to apply, except to the extent they are replaced by more restrictive requirements imposed by this subsection.
2. Landscape irrigation, including public and private streetscape landscaping (medians and frontage), shall be limited to a maximum of 2 days per week, with the exception of drip irrigation, which may be conducted on any day.
a. Customers may irrigate only on Tuesdays and Saturdays from 12:00 a.m. to 9:00 a.m. and 6:00 p.m. to 11:59 p.m.
b. No irrigation is permitted on Mondays, Wednesdays, Thursdays, Fridays and Sundays.
3. Water use for the washing of streets, parking lots, driveways, sidewalks, buildings or other hardscape surfaces is prohibited, except as necessary for health, sanitation or fire protection purposes, or a use approved by the City Manager.
4. Hotels, motels and other commercial lodging establishments shall not provide patrons with stays of 3 nights or less the daily laundering of towels, sheets and linens, except as necessary for health or sanitation purposes. Each lodging establishment shall prominently display notice of this requirement in each guestroom using clear and easily understood language.
5. Residents and business owners shall repair all water leaks as soon as feasibly possible, but no later than 3 days after notification by the City or discovery by the owner.
C. During a Stage 3 (Water Emergency) conservation stage, the following restrictions shall apply:
1. All Stage 2 restrictions shall continue to apply, except to the extent they are replaced by more restrictive requirements imposed by this subsection.
2. Landscape irrigation, including public and private streetscape landscaping (medians and frontage) and including drip irrigation, shall be limited to a maximum of 1 day per week.
a. Customers may irrigate only on Tuesdays from 12:00 a.m. to 9:00 a.m. and 6:00 p.m. to 11:59 p.m.
b. No irrigation is permitted on Mondays, Wednesdays, Thursdays, Fridays, Saturdays and Sundays.
3. No water from the City water system shall be used for construction purposes such as dust control, compaction, or trench jetting, unless the use is approved by the City Manager.
4. Discontinued use of hot tubs and in-room spa tubs at hotels/motels and lodging establishments is strongly encouraged.
D. During a Stage 4 (Water Crisis) conservation stage, the following restrictions shall apply:
1. All Stage 3 restrictions shall continue to apply, except to the extent they are replaced by more restrictive requirements imposed by this subsection.
2. No landscape irrigation shall be allowed, including public and private streetscape landscaping (medians and frontage) and drip irrigation.
3. No water from the City water system shall be used to drain and refill swimming pools, artificial lakes, ponds or streams and no new permits for swimming pools, artificial lakes, ponds or streams shall be issued until the water conservation stage has been declared to be Stage 1.
4. Water use for ornamental ponds and fountains is prohibited unless required to maintain existing vegetation or to sustain existing fish/animal life.
5. New or expanded landscaping on properties is limited to drought-tolerant trees, shrubs, and ground cover and no new turf or grass shall be planted, hydro-seeded or laid.
6. Washing of automobiles or equipment shall only be done at a commercial establishment that uses recycled, reclaimed water or private well water.
7. All water leaks shall be repaired within 24 hours of notification by the utilities department or discovery by the owner, or service may be discontinued.
8. Discontinued use of hot tubs and in-room spa tubs at hotels/motels and lodging establishments.
9. Base water allocations, as established by the City pursuant to § 14.06.030 for the appropriate customer class, may be implemented to establish a maximum water usage limitation.
E. During a Stage 5 (Critical Water Shortage) conservation stage, the following restrictions shall apply:
1. All Stage 4 restrictions shall continue to be enforced, except to the extent they are replaced by more restrictive requirements imposed by this subsection.
2. Flushing of sewers or fire hydrants is prohibited, except in case of an emergency and for essential operations.
3. Flushing of fire protection systems is prohibited, except during required maintenance or servicing of the system.
4. Water use for ornamental ponds and fountains is prohibited.
5. Water use for public or private swimming pools is prohibited.
6. Water use for any recreational purpose is prohibited.
7. Use of any hydrant or bulk water permit issued prior to the critical water shortage emergency declaration, without the City Manager’s permission. Such permission shall only be granted for projects necessary to protect the public health, safety and welfare where no alternative to potable water exists and for emergency response purposes only.
8. Installation of any new lawns or landscaping is prohibited.
9. The City shall have the authority to limit residential and commercial usage of potable water supplied by the City to a quantity determined by the City to provide for the basic safety and well-being of the community.
a. The City shall be permitted to install flow restrictors at any City-owned water meter, or any similar location, to regulate water usage.
b. The City shall determine the order of installation of flow restrictors based on relevant safety considerations and the users of City-supplied water.
c. The size of the flow restrictors shall be determined by an effort to equitably spread water availability among all water user accounts.
(Ord. 883 § 1, passed 7-13-2009; Ord. 919, § 5, passed 08-24-2015; Ord. 922, § 4 (Exh. A), passed 10-13-2015; Ord. 923, § 5, passed 01-25-2016; Ord. 969, § 4, passed 07-12-2021)
14.06.060 MINOR AND MAJOR OFFENSES IN WATER CONSERVATION STAGES.
The following table indicates whether a violation of the water use prohibitions established in § 14.06.050 is a “minor offense” or a “major offense” during a Stage 1, Stage 2, Stage 3, Stage 4, and Stage 5 conservation stage. Penalties for violations are established by resolution of the City Council pursuant to § 14.06.090. The actual amounts of the penalties are specified in the City Fee Schedule that is available at City Hall and on the City’s website.
|
Prohibited Water Use |
Stage 1 and Stage 2 |
Stage 3, Stage 4 and Stage 5 |
|---|---|---|
|
Wasteful water use (A)(1) |
First violation – minor offense Repeat violations – major offense |
Major offense |
|
Overflow, irrigation past saturation or watering on unpermitted days (A)(3) (B)(2) (C)(2) (D)(2) |
First violation – minor offense Repeat violations – major offense |
Major offense |
|
Free flowing hoses (A)(2) (A)(4) |
First violation – minor offense Repeat violations – major offense |
Major offense |
|
Pools, spas, fountains and ponds (A)(5) (D)(3) (D)(4) (E)(4) (E)(5) |
First violation – minor offense Repeat violations – major offense |
Major offense |
|
Water leaks not repaired timely (A)(8) (B)(5) (D)(7) |
First violation – minor offense Repeat violations – major offense |
Major offense |
|
Washing sidewalks, parking lots or other hardscapes (B)(3) |
First violation – minor offense Repeat violations – major offense |
Major offense |
|
Restaurants serving water without request (A)(6) |
First violation – minor offense Repeat violations – major offense |
Major offense |
|
Lodging linens and towels (A)(7) (B)(4) |
First violation – minor offense Repeat violations – major offense |
Major offense |
|
Construction purposes (C)(3) |
Not applicable |
Major offense |
|
Hotel hot tubs and spa tubs use (C)(4) (D)(8) |
Not applicable |
Major offense |
|
Hydrant use or flushing, fire protection system flushing (E)(2) (E)(3) (E)(7) |
Not applicable |
Major offense |
|
Recreational use (E)(6) |
Not applicable |
Major offense |
|
Automobile and equipment washing (D)(6) |
Not applicable |
Major offense |
|
Install new or expanded landscaping (D)(5) (E)(8) |
Not applicable |
Major offense |
|
Exceeding base water allocation (D)(9) |
Not applicable |
Major offense |
|
Violating flow restriction (E)(9) |
Not applicable |
Major offense |
(Ord. 883 § 1, passed 7-13-2009; Ord. 919, § 6, passed 08-24-2015; Ord. 922, § 4 (Exh. A), passed 10-13-2015; Ord. 923, § 6, passed 01-25-2016; Ord. 969, § 5, passed 07-12-2021)
14.06.070 USE OF WATER TANKS ENCOURAGED.
Residents or property owners wishing to install private water tanks that cover no more than 120 square feet and meet existing setback requirements may construct or install such tanks without first obtaining building permits. Private water tanks may be filled from roof runoff or from other sources. Private water tanks may not be filled from the public water supply if a water emergency has been declared.
(Ord. 883 § 1, passed 7-13-2009)
14.06.080 INSTALLATION OF CONSERVATION DEVICES IN REMODELS AND NEW CONSTRUCTION.
No building permit shall be issued for new construction, and remodeling of kitchens, bathrooms, and landscaping projects, where the plumbing fixtures to be installed do not meet the following standards:
A. All water closets and associated flush/o/meter valves, if any, shall use no more than 1.6 gallons per and urinals and associated flush/o/meter valves shall use no more than one gallon per flush.
B. Shower heads shall emit no more than 2.5 gallons per minute, interior faucet aerators shall emit no more than 2.2 gallons per minute.
C. Potable hot water piping in accessible unconditioned areas leading from water heaters shall be insulated to provide an installed conductance of 0.33 or less.
D. Installed irrigation systems shall consist of drip or soaker hose type technology, or water efficient sprinkler system on a timer.
E. A pressure regulating device designed to limit the water pressure not to exceed fifty PSI shall be installed at the service entrance of each individual occupancy.
F. In other than residential occupancies, all lavatory faucets must be equipped with a metering valve designated to close by spring or water pressure when left unattended (self-closing).
G. In development where more than thirty thousand square feet is to be maintained as landscaping, all landscaping irrigation facilities shall be served by a separate water system utilizing an on-site well. Such well shall meet the city’s backflow preventative standards and shall be used for no other purpose but supporting the irrigation system.
H. Commercial car-wash facilities using City water must install water conservation devices, including low-flow nozzles and trigger-activated wands. Automatic car-wash units shall have trigger activated wash, rinse and wax cycles.
I. Continuous flow equipment having a flow in excess of five gallons per minute must have a recycling system approved by the city engineer.
J. All new development of more than ten residential units in size, or which require water meters of two inches or more in size, shall be required to apply to the city council for a water service permit. In considering the permit application, the city council shall consider the impact of the proposed water service on the water supply capacity of the city, the status of water production, water conservation measures proposed by the developer and the impact upon water pressure of neighboring properties.
K. Public hot water showers shall all be retrofitted with low flow shower head devices.
(Ord. 883 § 1, passed 7-13-2009)
14.06.090 VIOLATION – PENALTY.
A. Penalties for violation of this chapter shall be established by resolution of the City Council, as amended from time to time, and shall include penalties for minor and major offenses for each water emergency stage. Each day any violation of this chapter is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. Administrative citations for minor and major offenses may be served either personally on the water user (when feasible) or by certified mail, return receipt requested, to the address shown on the utility bill.
B. Penalties for minor and major offenses shall be added to the utility bill; failure to pay the penalty will result in the water being shut off at this location.
C. All penalties collected and increased revenue realized shall be deposited in the water enterprise capital improvements account and used to increase the City’s water storage capacity.
D. Water users may contest the imposition of a penalty by following the procedures established in Fort Bragg Municipal Code § 14.04.034.
(Ord. 883 § 1, passed 7-13-2009)