Chapter 8.59
RESTRICTIONS ON WASTEFUL WATER PRACTICES
Sections:
8.59.010 Purpose.
8.59.020 Definitions.
8.59.030 Water use restrictions.
8.59.040 Violation—Misdemeanor.
8.59.050 Violation—Penalty.
8.59.060 Separate offenses.
8.59.070 General penalty—Continuing violations.
8.59.080 Code violations.
8.59.010 Purpose.
The permanent water use restrictions in this section are designed to preserve water as an essential resource in keeping with the Governor of California’s Executive Order B-40-17, which directed that water conservation become a “California Way of Life.” (Ord. 136 § 1 (part), 2018)
8.59.020 Definitions.
“Potable water” means water sold by the Estero Municipal Improvement District intended for human consumption.
“Recirculated water” means water that is circulated in a system that recirculates water through an internal circulation device.
“Recycled water,” “reclaimed water,” or “treated sewage effluent water” means treated or recycled wastewater of a quality suitable for nonpotable uses such as landscape irrigation and not intended for human consumption.
“Runoff'” means water that is not absorbed by the surface to which it is applied and flows from the area.
“Water shortage contingency plan” or “WSCP” means a rationing plan including voluntary and mandatory rationing, depending on the causes, severity and anticipated duration of a water supply shortage. (Ord. 136 § 1 (part), 2018)
8.59.030 Water use restrictions.
The following uses of potable water are prohibited:
A. Use resulting in flooding or runoff in gutters, waterways, patios, sidewalks, driveways or streets except as permitted in subsection B of this section.
B. Use of a hose without a positive shutoff nozzle for:
1. Washing cars, buses, boats, aircraft, trailers or other vehicles or mobile equipment.
2. Watering outside plants, lawn, landscape and turf areas.
C. Use of potable water for hosing sidewalks, driveways and other hardscapes.
D. Except upon the request of a customer, service of water by any establishment, including but not limited to restaurants, hotels, cafes, cafeterias, bars or other public places where food or drink are served and/or purchased.
E. Use through broken or defective plumbing, sprinkler, watering or irrigation systems.
F. Use in new, added, or altered car wash equipment unless a recirculating water system is incorporated.
G. Use of potable water for cleaning, filling or operating water features, such as decorative fountains, except where the water is part of a recirculating system.
H. The application of potable water to irrigate outdoor plants, lawn, grass, landscaping, or turf areas during and within forty-eight hours after measurable rainfall.
I. The application of potable water to street medians containing ornamental turf.
J. The prohibition enumerated in subsection I of this section does not apply to any water treatment features, such as landscaping and green roofs, to meet the requirements of the municipal regional stormwater National Pollutant Discharge Elimination System.
K. Exceptions to the prohibitions above may be granted where necessary by the district manager or his designee to address an immediate health and safety need, or to comply with a term or condition in a permit issued by a state or federal agency, or where otherwise allowed by law. (Ord. 136 § 1 (part), 2018)
8.59.040 Violation—Misdemeanor.
No person shall violate any provision or fail to comply with any requirement of this code. A person violating a provision or failing to comply with any of the mandatory requirements of this code is guilty of a misdemeanor. (Ord. 136 § 1 (part), 2018)
8.59.050 Violation—Penalty.
A person convicted of a misdemeanor under this code, unless specific provision is otherwise made, shall be punished by a fine of not more than five hundred dollars or by imprisonment in the county jail for a period of not more than six months, or both. (Ord. 136 § 1 (part), 2018)
8.59.060 Separate offenses.
Each person is guilty of a separate offense for each and every day during any portion of which the violation of this code is committed, continued or permitted by that person. (Ord. 136 § 1 (part), 2018)
8.59.070 General penalty—Continuing violations.
In addition to the penalties provided herein, any condition caused or permitted to exist in violation of a provision of this code is a public nuisance and may be summarily abated as such. Each day that the condition continues it is a new and separate offense. Pursuant to Section 38773.5 of the California Government Code, in any action, administrative proceeding, or special proceeding brought by the Estero Municipal Improvement District to abate a public nuisance, the prevailing party shall be entitled to reasonable attorneys’ fees. Recovery of attorneys’ fees shall be limited as follows:
A. To those actions or proceedings where the district has elected to recover attorneys’ fees at the initiation of such actions or proceedings.
B. The amount of attorneys’ fees in any action, administrative action, or special proceeding awarded to a prevailing party shall not exceed the amount of reasonable attorneys’ fees incurred by the district in the action or proceeding. (Ord. 136 § 1 (part), 2018)
8.59.080 Code violations.
Notwithstanding any other provision of this code, whenever violation of any section contained in this code is punishable as a misdemeanor, the prosecuting attorney having jurisdiction to prosecute such misdemeanor may specify that the offense is an infraction and proceed with prosecution as an infraction, unless the defendant, at the time of his or her arraignment or plea, objects to the offense being made an infraction, in which event the complaint shall be amended to charge a misdemeanor and the case shall proceed on a misdemeanor complaint. (Ord. 136 § 1 (part), 2018)