Chapter 16.02
WATER WASTE PROHIBITION AND OTHER WATER USE REGULATIONS
Sections:
16.02.020 Application of regulations.
16.02.050 Remedies for violations.
16.02.010 PURPOSE.
The purpose of this chapter is to ensure that the water supply of the city of Santa Cruz is put to maximum beneficial use and that waste or unreasonable use or unreasonable method of use of water be prevented and to support implementation of state required urban water use restrictions when local supply conditions do not support implementation of the water shortage contingency plan described in Chapter 16.01.
(Ord. 2022-10 § 3, 2022; Ord. 2003-13 § 2 (part), 2003).
16.02.020 APPLICATION OF REGULATIONS.
The provisions of this chapter shall apply to all persons using water, both in and outside the city and within city water service areas, regardless of whether any person using water shall have a contract for water service with the city. Notwithstanding other code provisions inconsistent with this chapter, the provisions of this chapter shall supersede and prevail until termination of this chapter.
(Ord. 2022-10 § 3, 2022; Ord. 2003-13 § 2 (part), 2003).
16.02.030 DEFINITIONS.
For the purpose of this chapter, the following words shall have the meanings set forth below:
(a) “Director” means the director of the water department of the city of Santa Cruz, or his or her designated representative.
(b) “Drip irrigation” means low-flow point specific irrigation systems that apply water directly to plant root zones through emitters, low volume microspray devices that are components of a drip irrigation system, and soaker hoses.
(c) “Nonfunctional turf” means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. “Nonfunctional turf” does not include sports fields and turf that is regularly used for human recreational purposes or for civic or community events.
(d) “Person” means any individual, firm, partnership, association, corporation, or political entity.
(e) “Water” means any water obtained from the water department of the city of Santa Cruz.
(Ord. 2022-10 § 3, 2022; Ord. 2003-13 § 2 (part), 2003).
16.02.040 REGULATIONS.
(a) Water Waste Prohibitions. It is unlawful for any person to use water for any of the following:
1. Fire Hydrants. Use of water from any fire hydrant unless specifically authorized by permit from the city, except by regularly constituted fire protection agencies for fire suppression purposes, or for other authorized uses, including distribution system flushing, fire flow testing, and filling of approved vehicles for sewer system flushing, storm drain maintenance, and street sweeping purposes.
2. Watering/Irrigation. The watering of grass, lawn, groundcover, shrubbery, open ground, crops and trees, including agricultural irrigation, in a manner or to an extent which allows excess water to run to waste.
3. Plumbing Leaks. The escape of water through leaks, breaks, or malfunction within the water user’s plumbing or distribution system for any period of time within which such break or leak should reasonably have been discovered and corrected. It shall be presumed that a period of twenty-four hours after the water user discovers such break, leak or malfunction, or receives notice from the city of such condition, whichever occurs first, is a reasonable time within which to correct such condition or to make arrangements for correction.
4. Washing of Exterior Surfaces. The washing of sidewalks, walkways, driveways, parking lots, patios, or other exterior surfaces unless the hose is equipped with an automatic shutoff nozzle.
5. Cleaning of Structures and Vehicles. The cleaning of building exteriors, mobile homes, cars, boats, and recreational vehicles unless the hose is equipped with an automatic shutoff nozzle.
6. Fountains. The operation of an ornamental fountain, unless such water is recycled in the fountain.
7. Cooling. The use of water in new ice-making machines and any other new mechanical equipment that utilizes a single pass cooling system to remove and discharge heat to the sanitary sewer. Water used for all cooling purposes shall be recycled.
8. Commercial Car Washes. The washing of vehicles at a commercial car wash unless the facility utilizes water recycling equipment, or operates on a timer for a limited time period and shuts off automatically at the expiration of the time period.
9. Construction. The use of potable water for dust control or soil compaction purposes in construction activities where there is a reasonably available source of reclaimed water appropriate for such use.
10. The indiscriminate running of water or washing with water not otherwise prohibited in this section, which is wasteful, and without reasonable purpose.
11. Use of potable water to irrigate turf, lawns, gardens, or ornamental landscaping between 10:00 a.m. and 6:00 p.m. unless by drip irrigation, or by hand watering with a quick acting positive shut off nozzle. (Exceptions may be made by the director for professional gardeners where there is no ability to not water between 10:00 a.m. and 6:00 p.m.).
(b) Imposition of State Mandated Restrictions. From time to time the city may require additional water use restrictions in order to comply with state mandated restrictions on water use to address state-wide drought conditions when local supply conditions do not warrant implementation of the Water Shortage Contingency Plan. The water director shall provide notification to city council and the public before any such restrictions are put into effect. Such restrictions may include, but are not limited to:
1. Landscape Irrigation. To prevent unreasonable use of water and to promote water conservation, the number of days per week on which landscape irrigation is allowed may be limited and/or specific watering days may be assigned on which landscape irrigation is allowed.
2. Nonfunctional Turf. To prevent the unreasonable use of water and to promote water conservation, the use of potable water for nonfunctional turf by commercial, industrial, or institutional users (as defined at 23 CCR 996) may be restricted or prohibited. The use of water necessary to ensure the health of trees and other perennial nonturf landscaping is not prohibited.
3. A prohibition on serving drinking water to any customer, unless expressly requested, by a restaurant, hotel, cafe, cafeteria, or other public place where food is sold, served, or offered for sale.
4. The use of potable water for washing sidewalks, driveways, buildings, structures, patios, parking lots, or other hard surfaced areas, except in cases where health and safety are at risk.
5. The use of potable water for street cleaning or construction site preparation purposes, unless no other method can be used or as needed to protect the health and safety of the public.
6. The application of water to irrigate turf and ornamental landscapes during and within forty-eight hours after measurable rainfall of at least one-fourth of one inch of rain. In determining whether measurable rainfall of at least one-fourth of one inch of rain occurred in a given area, enforcement may be based on records of the National Weather Service, the closest CIMIS station to the parcel, or any other reliable source of rainfall data available to the entity undertaking enforcement of this subsection.
7. The use of potable water for irrigation of ornamental turf on public street medians.
(Ord. 2022-10 § 3, 2022; Ord. 2003-13 § 2 (part), 2003).
16.02.050 REMEDIES FOR VIOLATIONS.
Violations of this chapter shall be subject to any or all of the remedies set forth in this section:
(a) Administrative Enforcement. Any person, firm, partnership, association, corporation, political entity or other water department customer violating any provision of this chapter may be subject to the administrative enforcement provisions, and assessed administrative penalties, in accordance with the administrative enforcement provisions of Section 16.01.140.
(b) Disconnection.
1. Any person in violation of the provisions of this chapter who fails to take corrective action within fifteen days of receiving written notification of the violation may be subject to disconnection of water service or installation of a water flow restrictor as deemed appropriate by the director or designee. Prior to disconnection or installation of water flow restrictor, reasonable notice and an opportunity to cure shall be given. Upon disconnection of water service a written notice shall be served upon the violator, or conspicuously posted at the entrance of the violator’s premises, and shall state the time, place and general description of the violation and the method by which reconnection can be accomplished.
2. Where water service is disconnected, as authorized above, it shall be immediately reconnected upon correction of the condition or activity and the payment of the reconnection charge in an amount specified by resolution of the city council.
(c) Infraction Citation. In accordance with 23 CCR 995(e) and 996(d)(3), any person violating this chapter shall be deemed guilty of an infraction punishable by a fine of up to five hundred dollars for each day in which the violation occurs. Any fine imposed pursuant to this subsection is in addition to, and does not supersede or limit, any other remedies, civil or criminal, including those provided for in Title 4 of the Santa Cruz Municipal Code. Each and every day a violation of this chapter exists constitutes a separate and distinct offense for which enforcement action may be taken.
(Ord. 2022-10 § 3, 2022; Ord. 2003-13 § 2 (part), 2003. Formerly 16.02.080).
16.02.060 CITATION AUTHORITY.
All peace officers and persons authorized by law to issue citations within the water service area shall, in conjunction with duties imposed by the law, diligently enforce the provisions of this chapter. Pursuant to the provisions of Section 836.5 of the State Penal Code, the following officers and employees of the city of Santa Cruz are hereby designated and authorized to issue citations for enforcement of this chapter:
Director of the water department;
Deputy director/operations manager;
Deputy director/Engineering manager;
Water quality manager;
Customer service manager;
Meter shop supervisor;
Water meter specialist;
Utility supervisor;
Production superintendent;
Water distribution superintendent;
Water distribution crew chief;
Water conservation representative;
Utility services field technician;
Utility service representative;
Water department employees designated by the director.
(Ord. 2022-10 § 3, 2022; Ord. 2003-13 § 2 (part), 2003. Formerly 16.02.090).