Chapter 13.18
WATER CONSERVATION
Sections:
13.18.010 Findings and purpose.
13.18.020 Repealed.
13.18.030 Waste of water prohibited.
13.18.040 Repealed.
13.18.050 Rules and regulations.
13.18.060 Repealed.
13.18.070 Repealed.
13.18.080 Penalty for violation.
13.18.090 Conflicting provisions superseded.
13.18.100 Repealed.
13.18.010 Findings and purpose.
The city council finds:
A. The city has experienced drought conditions which have resulted in critical water shortages; and the prudent use of water, and water conservation, is important to the city and the San Francisco Bay-Delta estuary system. [Ord. 08-1308 § 5, 2008; Ord. 1013 § 1, 1991; Ord. 1003 § 1, 1991.]
13.18.020 Voluntary reduction of water use.
Repealed by Ord. 08-1308. [Ord. 1013 § 2, 1991; Ord. 1003 § 2, 1991.]
13.18.030 Waste of water prohibited.
A. No person shall waste any water provided by the city.
B. Waste of water shall include without limitation:
1. Permitting water to flow onto a sidewalk, driveway or street, or escape down a gutter, ditch or other service drain;
2. Irrigating landscaped areas with water in excess of that minimal amount required to sustain plant life, as determined by a water audit; and
3. Failing to repair a controllable leak of water. [Ord. 15-1392 § 3, 2015; Ord. 08-1308 § 5, 2008; Ord. 1013 § 3, 1991; Ord. 1003 § 3, 1991.]
13.18.040 Nonessential use of water prohibited.
Repealed by Ord. 08-1308. [Ord. 1013 § 4, 1991; Ord. 1003 § 4, 1991.]
13.18.050 Rules and regulations.
The city council may by resolution adopt rules to implement this chapter (the “rules”). The rules shall be made available to the general public. Once adopted, a provision of the rules shall have the same force and effect as any provision of this chapter. [Ord. 08-1308 § 5, 2008; Ord. 1013 § 5, 1991; Ord. 1003 § 5, 1991.]
13.18.060 Program implementation.
Repealed by Ord. 08-1308. [Ord. 1013 § 6, 1991; Ord. 1003 § 6, 1991.]
13.18.070 Water rates reduced.
Repealed by Ord. 08-1308. [Ord. 1013 § 7, 1991; Ord. 1003 § 7, 1991.]
13.18.080 Penalty for violation.
A. Except as otherwise set forth in this section, a violation of this chapter is an infraction, punishable as set forth in Government Code Section 36900 as follows:
1. A fine of $100.00 for a first violation;
2. A fine of $200.00 for a second violation within one year; and
3. A fine of $500.00 for a third violation within one year.
B. A violation of this chapter which would otherwise be an infraction is a misdemeanor if a defendant has been convicted of two or more violations of this chapter within one year preceding the commission of the offense. For this purpose a bail forfeiture is a conviction of the offense charged. A person convicted of a misdemeanor under this chapter shall be punished by a fine of not more than $1,000 or by imprisonment in the county jail for a period of not more than six months, or both. The city may in its discretion prosecute a third violation within one year as an infraction.
C. Each person is guilty of a separate offense for each and every day during any portion of which the violation of this chapter is committed, continued, or permitted by that person.
D. In addition to the penalty provided, a condition caused or permitted to exist in violation of this chapter, whether the violation is an infraction or a misdemeanor, is a public nuisance. It may be abated in accordance with Chapter 1.24 PMC or by civil action. Each day that the condition continues is a new and separate offense.
E. The provisions of this chapter shall be enforced as described in Chapter 1.16 PMC. The city manager shall designate the city employees which have responsibility for enforcing this chapter. A city employee enforcing this chapter shall have the authority to issue a warning before citing a violation of this chapter, and shall do so in writing before citing a first violation. [Ord. 08-1308 § 5, 2008; Ord. 1013 § 8, 1991; Ord. 1003 § 8, 1991.]
13.18.090 Conflicting provisions superseded.
The provisions of this chapter supersede any conflicting provisions contained in this code, including without limitation the provisions of this title. [Ord. 08-1308 § 5, 2008; Ord. 1013 § 9, 1991; Ord. 1003 § 9, 1991.]
13.18.100 Categorical exemption.
Repealed by Ord. 08-1308. [Ord. 1013 § 10, 1991; Ord. 1003 § 10, 1991.]