Chapter 10.04 WATERWORKS SYSTEM

CHAPTER 10.04
WATERWORKS SYSTEM

SECTION:

10.04.010: Definitions

10.04.020: Enforcement; Duties Of City Manager

10.04.030: New Connections; Permits; Requirements

10.04.040: Application For Water Service; Main Extension

10.04.050: Connection Charges For West Side Water Main Expansion (Rep. by Ord. 2014-80, 7-20-2015)

10.04.060: Use Of Water Service Required; Exception; Wells

10.04.070: Application For Use Of Water; Fee

10.04.080: Deposit Required

10.04.090: Water Service Charges

10.04.100: Meter Tests And Bill Adjustment For Error

10.04.110: Billing And Payment Of Monthly Charges

10.04.120: Delinquency In Payment; Service Discontinuance

10.04.130: Shortage Of Supply And Service Interruptions

10.04.140: Enforcement Measures

10.04.150: Disposition Of Revenues

10.04.160: Appeal Procedure

10.04.170: Fire Hydrant Use

10.04.010 DEFINITIONS:

The following terms when used in this chapter have the following, respective, meanings:

CONSUMER:	Any individual, business, occupation, enterprise, firm, company, corporation, partnership, association, the city, any public corporation, political subdivision, city, county, district, the state or the United States of America, or any department or agency thereof, billed for water service furnished by the municipal water system. The singular in each case shall include the plural.
MULTIPLE DWELLING:	A building or portion thereof used and described as a residence for three (3) or more families living independently of each other and doing their own cooking in the building, including apartment houses, apartment hotels and flats, but not including automobile camps.
MUNICIPAL WATER SYSTEM:	A waterworks system for the production, transmission and distribution of water, including lands, easements, water rights, reservoirs, water storage and distribution facilities and equipment and other works, including the acquisition of any existing facilities, used for or useful in obtaining, conserving, treating and disposing of water for the city.
PREMISES:	Any lot, piece or parcel of land, or any building or other structure, or any part of any building or structure having a separate connection with the municipal water system.
WATER:	Water furnished by the municipal water system.
WATER SERVICE:	The services, facilities and water furnished or available to premises by the municipal water system.

(1972 Code § 13.04.010; amd. Ord. 2014-80, 7-20-2015)

10.04.020 ENFORCEMENT; DUTIES OF CITY MANAGER:

It shall be the duty of the city manager to supervise all connections to the municipal water system and to establish and administer such reasonable rules and regulations applicable to connections to, and the use and operation of, the municipal water system as may be deemed advisable or necessary, including, without limiting the generality of the foregoing, rules and regulations relative to:

A. Temporary Service: The furnishing of temporary water service.

B. Deposits By Applicants For Permits: The establishment and reestablishment of credit and requirements for deposits by applicants for permits to connect with the municipal water system where service has been previously discontinued and applicants for such permits who are not the owners of the premises for which water service is requested.

C. Water Main Extensions: Water main extensions, including general or ordinary extensions, and extensions to subdivisions or tracts; provided, that each set of rules and regulations so established shall, before becoming effective, be approved by a resolution adopted by the city council; and provided, further, that no such rules and regulations so established and approved shall be in conflict with any provision of this chapter and shall at all times be subject to appeal to the city council whose decision shall be final.

D. Collect Water Charges: It shall be the duty of the city manager to collect all water charges.

E. Records And Accounting: The city manager shall keep an accurate accounting and records showing the source, amount and disposition of all funds received from water charges. (1972 Code § 13.04.110)

10.04.030 NEW CONNECTIONS; PERMITS; REQUIREMENTS:

A. Permit Required: No person whose premises is not connected with the municipal water system upon the beginning of operation of the system shall connect any premises or cause any premises to be connected with the municipal water system without first obtaining a permit to do so from the city manager.

B. Service Connection:

1. The city will furnish and install a service connection of suitable capacity from its water main to the curb line of the property line of any premises for which a connection to the municipal water system is requested, provided such premises is adjacent to an existing water main adequate to serve said consumer.

2. Only duly authorized employees or agents of the city shall install a service connection from any water main to any consumer’s premises.

C. Meter Installation Costs: For the connection of new water services, the city shall collect, prior to installation, the actual cost of the meter installation, including labor, parts, shipping and handling costs, plus a fee in an amount to be fixed by resolution of the city council. (1972 Code § 13.04.020)

D. Multiple-Dwellings Connections: Multiple-dwelling connection charges shall be as set forth in subsection C of this section, together with water facilities mitigation fees provided for in section 1.48.070 of this code. (1972 Code § 13.04.020; amd. 2003 Code)

E. High Water Use; Cost Increased:

1. The charges established by resolution of the city council pursuant to subsection C of this section shall be increased where, in the opinion of the city manager, the consumer may use more than three thousand (3,000) cubic feet of water in any one month.

2. In such a case, the consumer shall provide the city manager with all pertinent information as to projected water use and the city manager shall then estimate the maximum amount that the consumer normally would be expected to use on a monthly basis.

3. The charge for such connection shall be the fee established by resolution of the city council pursuant to subsection C of this section, plus the actual cost of meter installation.

F. Special Contracts: The city council may enter into special contracts with water users providing for charges different from those specified in the foregoing provisions of this section, and in such cases, the charges for water service connections shall be those set forth in said contracts.

G. Meter Installation By City:

1. All meters shall be installed by the city.

2. No rent or other charge shall be paid by the city for any meter or other facilities located on a consumer’s premises.

3. All meters shall be sealed by or under the supervision of the city at the time of installation and no seal shall be altered or broken except by an authorized employee or agent of the city.

H. Cross Connection Prohibited:¹ No water pipe on any consumer’s premises shall cross connect the municipal water system with any other source of water supply, unless approved by the city manager.

I. Facilities Property Of City: All service connections, meters and other facilities installed by the city located wholly or partially upon any premises shall be and remain the property of the city, which shall have the right to repair, replace or remove the same upon discontinuance of service.

J. City Responsibility Limited:

1. The city shall not be responsible for the installation or maintenance of any water pipelines beyond the end of the city’s service connection or beyond its meter.

2. The city shall not be responsible for any loss or damage caused by any negligence or unlawful act of any consumer or any other person in installing, maintaining, operating or using any or all appliances, facilities or equipment for which water or water service is furnished by the city.

3. Each consumer shall be held responsible for damage to the city’s meters and other property comprising any part of the municipal water system resulting from the use or operation of any appliances or facilities on such consumer’s premises, including, without limiting the generality of the foregoing, damage caused by steam, hot water or chemicals.

K. Customer Responsibility:

1. A change in the size of meter, service pipe, or both, of an existing service connection is at the expense of the customer. The expense shall be computed on the basis of the actual cost of the new installation including materials, labor and related expenses less the value of any material salvaged. The value of salvaged material is the market value less the cost of salvaging it.

2. When a customer requests relocation of an existing meter or service connection for the customer’s convenience, the relocation is at the customer’s expense on the basis of the actual cost of relocation. When relocation of an existing meter or service connection is done to protect the property of the water system or the city’s interest, the city shall pay the cost of it.

L. Costs Determined; Payment:

1. The charge for new service connection or for change in size or location for customer’s benefit shall be paid before work is started or material ordered.

2. Whenever the charge is on the basis of actual cost, the customer shall deposit the estimated cost with the city before work is started or material ordered.

3. Upon completion of the work, the actual cost shall be computed and any difference between the actual and the estimated cost shall be billed or refunded for the customer’s account, whichever the case may be.

M. Right To Title: Title to the meter, service pipes and appurtenances used in providing a water service connection is in the city. The charges prescribed in this section are for connection and do not convey any right of title to the facilities. (1972 Code § 13.04.020)

10.04.040 APPLICATION FOR WATER SERVICE; MAIN EXTENSION:

A. General: Where an extension of the distribution mains is necessary or a substantial investment is required to furnish service, the applicant will be informed by the city manager whether water service can be extended pursuant to this section.

B. Terms And Conditions: Distribution mains will be extended to serve new customers under the following terms and conditions: prior to the time the main is constructed, the applicant or applicants shall enter into a written, formal agreement for such extensions and shall deposit with the city manager the estimated cost of such extension and other appurtenant facilities.

C. Specifications And Construction: The size, type and quality of materials and location of the line shall be in accordance with the city standard specifications for the installation of water facilities and the actual construction will be done by the city or by a contractor acceptable to the city, supervised and inspected by the city.

D. Adjustment: Adjustment of any substantial difference between the estimated and reasonable actual total installation cost thereof shall be made after the completion of the installation.

E. Subdivisions: When a subdivider wishes to install the required facilities himself or through an approved subcontractor, a bond in the amount of the estimated cost of the facilities to be installed shall be posted with the city manager guaranteeing the completion of the installation of the facilities in accordance with the city standard specifications for the installation of water facilities. Said facilities must then be installed under the supervision and inspection of the city.

F. Property Of City: All facilities shall be the property of the city.

G. Refunds: When a consumer makes application to connect to a water main installed under the provisions hereinabove and said consumer’s premises was not served with water service when said water main was installed and was not owned by the person who paid for the installation of the main at the time the main was installed, then said consumer shall make payment to the city an amount equal to a proportionate share of the cost of the installation of said water main as determined by the city manager based on either the number of consumers on said main or the proportionate distance of the main which passes in front of or behind said premises; provided, that the person who paid the cost of the installation of the main makes application for the refund of such additional connections. The payment made under this provision shall then be refunded to the person who paid the cost of the installation of said main.

H. Extensions By City: The water department may make extension to the facilities constructed under this section without obligation to applicant, and refunds will not be made for services connected to the additional extensions. (1972 Code § 13.04.030)

10.04.050 CONNECTION CHARGES FOR WEST SIDE WATER MAIN EXPANSION:

Rep. by Ord. 2014-80, 7-20-2015. (1972 Code § 13.04.035)

10.04.060 USE OF WATER SERVICE REQUIRED; EXCEPTION; WELLS:

A. Connection Required; Time Limit: All water used on properties within the city shall be supplied by the municipal water system. Owners of properties on which water is used for any purpose are required at their expense to connect the same to the municipal water system in accordance with the provisions of this chapter, within ninety (90) days after being notified in writing to do so.

B. Use Of Water Well Restricted: It is unlawful for any person to construct or maintain a water well on property within the city, or to provide water to such property from any source other than the municipal water system, except pursuant to a valid permit issued pursuant to subdivision C of this section.

C. Exploratory Or Production Water Well; Permit: An exploratory or production ground water well permit may be issued only if the city council determines that in the course of exploration and production a well would not be likely to present risks to the public health, safety or welfare. An exploratory or production water well shall not be drilled unless a permit therefor has first been issued by the city council.

1. Application for a water well permit or exploratory well permit shall be made to the public works director on a form that contains all of the following information. If any of this required information is lacking or incomplete, the public works director shall reject the application.

a. Full names, addresses and signatures of the owner or owners of the property on which the proposed well will be located and of the property on which the water from the proposed well will be used or applied;

b. A list of the names and addresses of the owners of property within a radius of one thousand feet (1,000’) from the location of the proposed well;

c. A plat showing the location of the well in relation to properties within a one thousand foot (1,000’) radius of the well;

d. A profile diagram showing the depth, direction and dimensions of the proposed well and any casings or other components of the well, including any pump, storage and electrical service;

e. Pump and well specifications and calculations showing the potential capacity of the proposed well;

f. An environmental assessment; (1972 Code § 13.04.040)

g. A nonrefundable fee of one hundred percent (100%) of the estimated cost environmental assessment for each application, both temporary and permanent applications, for the costs of processing the applications; (1972 Code § 13.04.040; amd. 2003 Code)

h. A report of a registered civil engineer describing the expected source of the ground water, including, but not limited to, the aquifer, the hydraulic gradient, hydrology, percolation, permeability, piezometric surface, porosity, recharge, safe yield, salt water intrusion, specific capacity, transmissivity, usable storage capacity, zone of saturation, and the constituent concentrations of the expected source. If an application is for an exploratory well, the foregoing information shall be taken from existing data. If an application is for a production well, the foregoing information shall be taken from data from the exploratory well or from an existing well if the production well is proposed to be a redrill of an existing well or drilled within one thousand feet (1,000’) of an existing well.

2. The public works director shall determine whether the application shows that the development of the proposed well would have a "significant environmental impact" under the California environmental quality act² and take such action as may be required. If an environmental impact report is required, the public works director shall recommend to the city council the engagement of an environmental consultant and such other experts as may be required to prepare such a report. The applicant shall advance the estimated costs of the preparation of the report, including, but not limited to, the fees and expenses of experts, and typing, mailing and reproduction costs. If the applicant fails to advance such costs in full within thirty (30) days of notification of the estimate costs, the application shall be denied.

3. The city council shall set a public hearing on the application after the completion of environmental review and give fifteen (15) days’ notice of the hearing by regular mail to the owners of property within a radius of one thousand feet (1,000’) of the location of the proposed well.

4. The city council shall deny the application if it determines that the proposed well would have a significant adverse effect on the environment or present a reasonable likelihood of contaminating water underground or present a reasonable likelihood of producing water whose constituent concentrations upon discharge to the sanitary sewer system would in aggregation with existing concentrations exceed the levels permitted by the city’s wastewater discharge permit. The city council may attach terms and conditions to any permit, and make the permit revocable upon violation of the terms and conditions. The terms and conditions may include security and insurance for environmental hazards, cleanup, and well abandonment.

5. In the case of an exploratory well or a production well for which data regarding future effects is inconclusive, the city council may issue a temporary well permit after the procedure in this subsection has been completed. The permit shall be temporary for the period of one hundred eighty (180) days, and it shall be void thereafter, unless a permanent permit has been issued. The applicant shall apply for a permanent production well permit during the term of the temporary permit. Application for a permanent production well permit shall follow the same procedure and be determined on the basis of the same standards provided in this subsection, including, but not limited to, subsequent or supplemental environmental analysis, except that notice of public hearing shall be by publication twice in a newspaper of general circulation, instead of notice by mail, and the applicant shall pay only the additional reasonable costs of processing, as estimated by the public works director, which shall include, but not be limited to, the costs of notice, hearing and staff, and preliminary environmental analysis. If subsequent or supplemental environmental analysis is required, the applicant shall advance the estimated costs of the preparation of the analysis, including, but not limited to, the fees and expenses of experts, and typing, mailing and reproduction costs. If the applicant fails to advance such costs in full within thirty (30) days of notification of the estimated costs, the application shall be denied. (1972 Code § 13.04.040)

10.04.070 APPLICATION FOR USE OF WATER; FEE:

A. Permission Required: No water from the municipal water system shall be used by any person without written permission from the city manager as provided in subsection B of this section.

B. Application For Service: An application to have water service turned on shall be made in writing to the city manager, and shall contain an agreement by the applicant to abide by and accept all of the provisions of this chapter.

C. Fee: A fee of an amount fixed by city council resolution shall accompany said application. (1972 Code § 13.04.050)

10.04.080 DEPOSIT REQUIRED:

A deposit, in an amount to be determined by city council resolution, shall be made with each such application, this sum to be retained by the city, to ensure payment of all bills. When service to the applicant is discontinued permanently, this deposit, less any amount still due the city for water service, shall be refunded without interest. Where any applicant for water service is the owner of the premises to be served, no such deposit shall be required. (1972 Code § 13.04.060)

10.04.090 WATER SERVICE CHARGES:

All premises having water service shall pay a monthly water service charge in accordance with a schedule of rates adopted by resolution of the city council. (1972 Code § 13.04.070)

10.04.100 METER TESTS AND BILL ADJUSTMENT FOR ERROR:

A. Testing Meters; Charges Imposed:

1. Any consumer may, on at least one week’s notice to the city, require the city to test the meter serving his premises.

2. No charge shall be made for any such test except where a consumer requests a test within six (6) months after installation of a meter or more often than once a year, in which case the following charges shall be made:

For 1 inch or smaller meters, $20.00

For meters larger than 1 inch, $50.00

3. All such charges shall be repaid to the consumer if the test determines that the meter registers more than two percent (2%) high. The meter shall be tested by an outside meter manufacturer, or its agency, or by any other reliable organization equipped for water meter testing, and shall provide a notarized statement certifying as to the method used in making the test and as to the results thereof.

4. A report showing the results of each meter test shall be furnished by the city to the consumer within fifteen (15) days after completion of the test.

B. Adjusting Of Bills: Bills will be adjusted for meter error as follows:

1. If, upon testing, the meter is found to be registering more than two percent (2%) high, the city will refund to the consumer the amount of overcharge based upon corrected meter readings for the period the meter was in use but not exceeding six (6) months.

2. If, upon testing, the meter is found to be registering more than two percent (2%) low, the city may bill the consumer for the amount of undercharge based upon corrected meter readings for the period the meter was in service, not exceeding a period of three (3) months; provided, that if a meter is used for commercial or industrial service and the average monthly water charge exceeds ten dollars ($10.00) and the meter is found to be registering more than two percent (2%) low, the city may bill the consumer for the amount of undercharge based upon corrected meter readings for the period the meter was in service, not exceeding a period of three (3) months.

3. When it is found that an error in a meter is due to a cause, the date of which can be fixed, the overcharge or undercharge will be computed, and the city will refund to or bill the consumer, back to, but not beyond, such date. (1972 Code § 13.04.080)

10.04.110 BILLING AND PAYMENT OF MONTHLY CHARGES:

A. Charges Due and Payable. All water charges shall become due and payable at the office of the city manager in accordance with the billing schedule established by resolution of the city council.

B. Rendering of Bills. Bills shall be rendered by the city monthly and all bills for water charges shall be issued by the city manager. Billing should be done prior to the sixth day of each calendar month. Due dates should be the fourth Tuesday of each calendar month. Shutoff day should be the second Wednesday of the month following the due date. Due dates and shutoff dates may be extended to the next work day if a holiday interferes with scheduling.

C. Reading Meters. Meters will be read at regular intervals for the preparation of bills and as required for the preparation of opening bills, closing bills and special bills. Each meter will be read separately. (1972 Code § 13.04.090; amd. Ord. 2014-80, 7-20-2015)

10.04.120 DELINQUENCY IN PAYMENT; SERVICE DISCONTINUANCE:

A. Responsibility for Payment of Charges. All monthly water charges shall be billed to the person who requested connection to the municipal water system or his/her successor in interest or to any other person requesting that such bill be charged to them.

B. Penalty for Nonpayment. Notwithstanding any other provision of this chapter, upon failure of any consumer billed to pay any water service charge established by resolution pursuant to section 10.04.110, there shall be a penalty of ten percent (10%) of the amount due and payable for said unpaid charge, which shall be added at the time the next bill is rendered, unless said bill is paid in full prior to said rendering, until the charge and penalties are paid; provided, that the total amount of the monthly penalties shall not exceed fifty percent (50%) of the total amount of the charges due.

C. Lien for Nonpayment; Discontinuance of Service. Upon failure of any consumer billed or the owner of a premises to pay any water service charge prior to delinquency, any one or more of the following actions may, or, where required hereby, must be taken by the city or city officials to enforce such payment:

1. To the extent, now or hereafter authorized or permitted by law, and in the manner therein provided, each water charge levied and penalty attached thereto by or pursuant to this chapter on any premises within the city limits may be made or become a lien upon such premises, and any steps authorized by law may be taken by the city to enforce payment of such lien. The city reserves the right to take advantage of any law now existing or hereafter enacted authorizing or permitting the establishment and enforcement of the lien hereby authorized.

2. In each case where any bill for water service remains unpaid, the city may take any and all action to discontinue service in accordance with the City of Gonzales Water Shutoff Policy, which shall be prepared in accordance with the Water Shutoff Protection Act (Health and Safety Code section 116900 et seq.) and adopted and periodically amended by resolution of the city council.

3. When water service is discontinued because of delinquency in payment of a water bill, the service shall not be turned on until all charges, including all late penalties and a reconnection fee, are paid in full. Reconnection fees shall be determined and established by resolution of the city council. (1972 Code § 13.04.100; amd. Ord. 2014-80, 7-20-2015; Ord. 2019-116, 12-2-2019)

10.04.130 SHORTAGE OF SUPPLY AND SERVICE INTERRUPTIONS:

A. Notify Consumers Of Service Interruptions: The city shall exercise reasonable diligence to provide continuous and adequate water service to consumers and to avoid any shortage or interruption of delivery of water; provided, that the city shall have the right to suspend water service temporarily to make necessary repairs or improvements to the municipal water system. In each case of temporary suspension of service, the city shall notify the consumers affected as soon as circumstances permit and will prosecute the work or repair or improvement with due diligence and with the least possible inconvenience to consumers.

B. Water Shortage: During any period of threatened or actual water shortage, the city shall have the right to apportion its available water supply among consumers in such manner as appears most equitable under the circumstances then prevailing and with due regard to public health and safety. Such apportionment shall grant priority to housing with units affordable to lower income housing. (1972 Code § 13.04.120; amd. Ord. 2016-92, 4-4-2016)

10.04.140 ENFORCEMENT MEASURES:

A. Authority to Discontinue Service; Reasons. The city may refuse to furnish water and may discontinue service to any premises where apparatus, appliances or equipment using water is found by the city manager to be dangerous or unsafe or where the use of water on such premises is found by the city manager to be detrimental or injurious to the water service furnished by the city to other consumers, or where the city manager finds that negligent or wasteful use of water exists on any premises which seriously affects the city’s water service. The city shall have the right to refuse or discontinue water service to any premises if necessary to protect itself against fraud or abuse.

B. Enforcement Officials. The city manager and his/her subordinate employees are charged with the enforcement of all of the provisions of this chapter. The chief of police and all city police officers shall be deputies of the city manager for such purposes.

C. Notice of Violation; Remedial Action. In the event of a violation (other than nonpayment of water service charges) of any terms of this chapter, or any rule or regulation established pursuant to this chapter, the city manager, in writing, shall notify the person causing, allowing or committing such violation, specifying the violation and, if applicable, the time after which (upon the failure of such person to prevent or rectify the violation) the city manager will exercise his/her authority to disconnect the premises from the municipal water system; provided, that such time shall not be less than five (5) days after the deposit of such notice in the United States post office at Gonzales, California, addressed to the person to whom notice is given; provided, however, that in the event such violation results in a public hazard or menace, then the city manager may enter upon the premises under conditions set forth in section 1.24.070 and do such things and expend such sums as may be necessary to abate such hazard, and the reasonable value of the things done and the amounts expended in so doing shall be a charge upon the person so in violation. (1972 Code § 13.04.130; amd. Ord. 2014-80, 7-20-2015)

10.04.150 DISPOSITION OF REVENUES:

All revenues received by the city manager under this chapter, including all water charges, shall be deposited in the appropriate account as reported to the city council. (1972 Code § 13.04.140; amd. Ord. 2014-80, 7-20-2015)

10.04.160 APPEAL PROCEDURE:

A. Right Of Appeal; Notice Of Hearing:

1. With the exception of appeals related to discontinuance of service for delinquency in payment, the procedures for which are set forth in the City of Gonzales Water Shutoff Policy, any person who has a right to appeal as provided in any section of this chapter or who is dissatisfied with any determination made hereunder by the city manager may, at any time within thirty (30) days after such determination, appeal to the city council by giving written notice to the clerk, setting forth the determination with which such person is dissatisfied.

2. The city council may, at any time, upon its own motion, appeal from any determination made by the city manager hereunder.

3. In the event of any such appeal, the city manager shall transmit to the city council a report upon the matter appealed.

4. The city council shall cause notice to be given, at least ten (10) days prior to the time fixed for such hearing, to all persons affected by such appeal, of the time and place fixed by the city council for hearing such appeal. The city council shall direct the city clerk to make a written notice, postage prepaid, to all such persons whose addresses are known to the city council.

B. Payment Of Charges: Pending decision upon any appeal relative to the amount of any charges hereunder, the person making such appeal shall pay such charge. After the appeal is heard, the city council shall order refunded to the person making such appeal such amount, if any, as the city council determines should be refunded. (1972 Code § 13.04.150; amd. Ord. 2019-116, 12-2-2019)

10.04.170 FIRE HYDRANT USE:

A. Fire Hydrants – Use.

1. Purpose. Fire hydrants are provided for the purpose of providing water for extinguishing fires and shall not be used otherwise except as provided in this section. Fire hydrants shall only be used by city employees and representatives or such persons as may be authorized to do so as provided in this section. During active fires in or around Gonzales, fire hydrants may be used by assisting fire departments.

2. Damage. Any damage to a fire hydrant by a person, company, or agency other than Gonzales employees and representatives shall be a claim against the person, company, or agency causing such damage. The city shall make all reasonable attempts to collect the complete cost of mitigation and repairs for said damage as allowed by law.

3. Obstructing Fire Hydrants. It is unlawful for any person to obstruct access to any fire hydrant, to open and operate any fire hydrant, or to draw water therefrom.

B. Fire Hydrants – Permit to Use.

1. Permit Required. All persons desiring to use water from fire hydrants connected to the city of Gonzales water system, except for firefighting, shall be required to obtain a permit from the city.

a. Permits to use fire hydrants are intended to be temporary for projects. One hundred eighty (180) days should be the maximum temporary use. Permits may be extended.

b. All persons having a permit for use of water from fire hydrants must provide hydrant wrenches for the operation of such fire hydrants.

c. Any person, company, or agency who uses a fire hydrant or water therefrom shall indemnify and hold harmless the city, its officers, and employees from any claims, actions, costs (including attorney fees), damages, or other liability resulting or arising therefrom.

d. A person, company, or agency shall make application to the city of Gonzales for an account on a form designated by the city at least five (5) business days in advance of the date service is desired.

e. Fire hydrant use permits shall be valid only between the hours of seven thirty o’clock (7:30) A.M. and seven thirty o’clock (7:30) P.M. on the days specified therein, unless otherwise approved by the city.

f. The applicant shall submit payment for the application fee and deposit, as defined in the city fee schedule, before the application is considered complete.

g. A permit to use fire hydrants may contain other requirements that if not met shall be reason to revoke permit and remove access to hydrants.

2. Permitted Uses. An application for a permit may be limited to uses described below:

a. Withdrawal of water for construction work at locations where it is not practical to use an existing or proposed permanent service connection.

b. Street maintenance or street cleaning.

c. Contractors retained by the city for the purposes of dust control, or the maintaining of public streets, sanitary sewer lines, storm sewer lines, or similar work.

d. Businesses for the purpose of cleaning private streets or parking areas, where it is not practical to use a permanent service connection.

e. Special events, such as street fairs, carnivals, markets, or other temporary events.

f. Filling of commercial swimming pools or filling of residential swimming pools by a business engaged in the service of filling pools as a contracted service to residents.

3. Revocation of Permit to Use Fire Hydrants.

a. Violating any conditions of an issued permit, use of fire hydrant water for other than the application’s explicit purpose, nonpayment of fees, or damage to a hydrant may be cause to revoke a permit to use fire hydrants.

b. Revocation of a permit shall include notification of the applicant as soon as possible.

c. Any equipment associated with the permitted use of a fire hydrant shall be removed at applicant’s expense.

4. Uses Not Permitted. An application for a permit may be denied for uses described below:

a. Residents proposing to fill a swimming pool for a single owner-occupied or lease occupied dwelling must use the permanent residential service connection provided to that property.

b. Filling of tankers for delivery of drinking water shall be prohibited except by emergency relief agencies or their contractors, to supply water for basic public health and safety needs during an emergency.

c. Permits may be denied to any person, company, or agency who has violated any of the provisions of this chapter within the previous twelve (12) months or whose indebtedness to the city for water used or damage to hydrants is delinquent. (Ord. 2014-80, 7-20-2015)