CHAPTER 7. COUNTY SERVICE AREA NO. 2 WATER CONSERVATION PROGRAM

ARTICLE 1. GENERAL PROVISIONS

8-07-1000 LEGISLATIVE AUTHORITY:

Pursuant to the Authority granted it by Chapter 3.5 (consisting of section 375 et seq.) of Division 1 of the Water Code of California, the Board of Supervisors does enact this Chapter and establishes a water conservation program.

8-07-1005 PURPOSE:

It is the purpose and intent of this Chapter to minimize outdoor water use and to control unnecessary consumption of the available potable water supplies in certain unincorporated areas wherein the County supplies potable domestic water to residents of the County of Tulare.

8-07-1010 DEFINITIONS:

For the purposes of this Chapter, the following words and phrases shall have the following meanings:

(a)    "Board" or "Board of Supervisors" means the Board of Supervisors of the County of Tulare.

(b)    "City" means the City with which the County of Tulare contracts for and obtains water from in order to provide such water to County customers through the Public Water System.

(c)    "Customers" means and includes all persons who are owners of real property or tenants of real property that is improved by buildings which are connected to and receive water service from the Public Water System.

(d)    "Person" means any individual, firm, company, partnership, association, organization, the United States of America, the State of California, political subdivision, governmental agency, or other public or municipal corporation.

(e)    "Public Water System" means the County of Tulare water works installed within the areas described in section 8-07-1070.

(f)    "Water Conservation Stage" means the level of water conservation regulation implemented under this Chapter as identified pursuant to Article 5 of this Chapter.

(g)    "Water Works" means and includes the wells, pumps, tanks, treatment facilities, reservoirs, pipelines, meters, and all other works necessary, useful or convenient to distribute and sell water for domestic and municipal purposes.

8-07-1015 SEVERABILITY:

If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance.

8-07-1020 NOT EXCLUSIVE REGULATION:

This Chapter is not the exclusive regulation of this water usage but shall supplement and be in addition to other regulating statutes and ordinances heretofore and hereafter enacted by the State, the County or any other legal entity or agency having jurisdiction.

ARTICLE 3. ADMINISTRATION OF PROGRAM

8-07-1070 APPLICATION:

The provisions of this ordinance shall apply to all persons, customers and property within the limits of County Service Area No. 2 (commonly know as Wells Tract) within the County of Tulare.

8-07-1075 AREA OF CITY AUTHORIZATION:

Only Cities having a joint powers agreement with the County delegating such authority shall have the authority to act under section 8-07-1080 of this Chapter. The City authorized, subject to a joint powers agreement with the County, to act under section 8-07-1080 of this Chapter as to County Services Area No. 2 shall be the City of Woodlake.

8-07-1080 GENERAL WATER USE: WATER CONSERVATION MEASURES: CITY AUTHORITY:

As the County of Tulare obtains the water used to supply customers through the Public Water Systems within the areas specified in section 8-07-1070 from the City pursuant to a Joint Powers Agreement and as the City supplying the water has implemented a water conservation program similar to the one hereinafter adopted within the City’s boundaries applicable to the City’s customers receiving water from the City’s water works, the County hereby delegates, pursuant to Tulare County Agreement No. 13361 as amended from time to time, to the City the authority to determine, pursuant to the procedure set out in section 8-07-1090 and subject to County revocation, any Water Conservation Stage implemented in addition to Water Conservation Stage 1 imposed under section 8-07-1145 as to County customers in the areas specified in section 8-07-1070. In implementing any Water Conservation Stage in addition or in lieu of Water Conservation Stage 1, the City shall make sure that:

(a)    Each customer is notified by written notice (in English or Spanish) of the Water Conservation Stage implemented.

(b)    Adequate projected reserve water capacity exists to support any new development within the City prior to the approval by the City. Adequate projected water supplies must exist before any additional demand is placed upon the City’s and County’s water system to ensure sufficient water to all existing hookups.

8-07-1085 SAME: COUNTY AUTHORITY:

(a)    The County may at any time, upon its own initiative or upon customer complaint, revoke any action by the City under section 8-07-1080 upon determination that the City has not acted pursuant to Tulare County Agreement No. 13361 as amended from time to time, or that the City has abused its discretion due to lack of need in implementing any particular Water Conservation Stage or that the City is not implementing such the Water Conservation Stage consistently as to City customers and County customers.

(b)    The County shall confirm with the City, in accordance with the Tulare County Agreement No. 13361 as amended from time to time, that adequate projected reserve water exists prior to allowing any new connections to the Public Water System.

8-07-1090 CITY PROCEDURE FOR MANDATORY CONSERVATION PHASE IMPLEMENTATION:

The City Administrator shall monitor the projected water supply and demand for water within the City and the areas specified in section 8-07-1070 supplied by the City and shall recommend to the City Council the extent of the conservation required through the implementation and/or termination of particular conservation stages in order to assure the water supply. Thereafter the City Council may order that the appropriate phase of water conservation be implemented or terminated in accordance with the applicable provisions of this Chapter at a regularly scheduled meeting. Said order shall be made by the adoption of an appropriate resolution which shall be published in English and Spanish a minimum of one (1) time in the local newspaper, the Sun, and forward to the Board of Supervisors.

ARTICLE 5. PROGRAM REGULATIONS

8-07-1140 OUTDOOR WATER USE: WATER CONSERVATION STAGES:

No person within the areas described in section 8-07-1070 shall knowingly make, cause, use, or permit the use of water for residential, commercial, industrial, governmental, or any other purpose in a manner contrary to any provision of this ordinance, or in an amount excess of that use permitted by the Water Conservation Stage, hereinafter established, in effect pursuant to action taken by the City under sections 8-07-1080 and 8-07-1090.

8-07-1145 WATER CONSERVATION STAGE 1:

Prohibition On Water Waste. The following uses of water are defined as "waste of water" and are hereby prohibited except as otherwise authorized. The restrictions shall apply to all persons year round unless removed upon adoption of a more stringent water conservation stage.

(a)    The use of water which allows substantial amounts of water to run off to a gutter, ditch or drain. Every water user is deemed to have his water distribution lines and facilities under his control at all times and to know the manner and extent of his water use and excess run-off. Over-watering of lawns, gardens, landscaped areas, trees, shrubs, or other plants must be avoided.

(b)    The use of water for evaporative (swamp) coolers without recirculation pumps is strictly prohibited.

(c)    The excessive use, loss or escape of water through breaks, leaks or malfunctions in the water user’s plumbing or distribution facilities for any period of time after such escape of water should reasonably have been discovered and corrected. It shall be presumed that a period of forty-eight (48) hours after discovery is a reasonable time within which to correct such leak or break.

(d)    The washing of vehicles, building exteriors, sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas without the use of a positive shut-off nozzle on the hose, which results in excessive run-off, except where necessary to dispose of liquids or substances that would endanger the public’s health and/or safety.

(e)    The watering of lawns, ground cover and shrubbery between the hours of 11:00 a.m. and 6:00 p.m. (local time) from May 1 through September 30.

(f)    The emptying and refilling of water to swimming pools and/or spas between the hours of 11:00 a.m. and 6:00 p.m. (local time) from May 1 through September 30.

8-07-1150 SAME: EXCEPTION:

Commercial nurseries, similar establishments and new landscapes are exempt from the restrictions in section 8-07-1145, but will be requested to minimize water waste at all times.

8-07-1155 WATER CONSERVATION STAGE 2:

Voluntary Compliance--Water Alert. Upon implementation by the City and publication of notice, the following restrictions shall apply to all persons. All elements of Water Conservation Stage 1 shall remain in effect in Water Conservation Stage 2, except that:

(a)    Irrigation utilizing individual sprinklers or sprinkler systems of lawns, gardens, landscaped areas, trees, shrubs, or other plants is permitted only on designated days before 10:00 a.m. and after 7:00 p.m. (local time). No watering during the day between 10:00 a.m. and 7:00 p.m. (local time). Excessive watering beyond beneficial use is prohibited. Irrigation of lawns, gardens, landscaped areas, trees, shrubs, or other plants is permitted at any time if:

(1)    A hand-held hose with a positive shut-off nozzle is used; or

(2)    A hand-held faucet-filled bucket of five (5) gallons or less is used; or

(3)    A drip or mist irrigation system is used.

(b)    Designated days are:

(1)    Even numbered addresses on Wednesday, Friday and Sunday.

(2)    Odd numbered addresses on Tuesday, Thursday and Saturday.

(3)    No watering on Monday.

(c)    The washing of automobiles, trucks, trailers, boats, airplanes, and other types of mobile equipment is permitted only on designated irrigation days. Such washing, when allowed, shall be done with a hand-held bucket and/or a hand-held hose equipped with a positive shutoff nozzle for quick rinses and shall be performed only on the vehicles and other equipment owned by the occupant of the property. The washing of such vehicles and other equipment should be performed on lawn areas to obtain maximum beneficial use of the water and to reduce runoff waste.

(d)    The emptying and refilling of water in swimming pools and/or spas will be allowed on designated days only before 10:00 a.m. and after 7:00 p.m. (local time).

(e)    The operation of any ornamental fountain, waterfall or other structure making similar use of water is prohibited unless it used a recycling system, such as an electric pump.

(f)    The washing of sidewalks, driveways, parking areas, courts, patios, or other paved areas is absolutely prohibited, unless it is necessary for the health and/or safety of the public.

(g)    All restaurants are requested to serve water only upon specific customer request.

8-07-1160 SAME: EXCEPTION:

Washing may be done at any time on the immediate premises of a commercial car wash. Car washes by community groups or organizations shall be prohibited at all times. Further, such washing may be exempted from these regulations if the health, safety and/or welfare of the public is contingent upon frequent vehicle cleanings, such as garbage trucks and vehicles used to transport food and perishables.

8-07-1165 SAME: EXCEPTION:

Commercial nurseries, similar establishments, and new landscapes are exempt from the Water Conservation Stage 2 irrigation restrictions set out in section 8-07-1155(a), but will be requested to curtail all nonessential water use.

8-07-1170 WATER CONSERVATION STAGE 3:

Mandatory Compliance--Water Warning. Upon implementation by City and publication of notice, the following restrictions shall apply to all persons. All elements of Water Conservation Stage 2 shall remain in effect in Water Conservation Stage 3, except that:

(a)    All outdoor irrigation of vegetation, including irrigation of city parks, schools, houses, business and district lawns, shall occur only before 10:00 a.m. and after 8:00 p.m. (local time) on designated days. No watering during the day between 10:00 a.m. and 8:00 p.m. (local time).

(b)    Designated days are:

(1)    Even numbered addresses on Wednesday and Sunday.

(2)    Odd numbered addresses on Tuesday and Saturday.

(3)    No watering on Monday, Thursday or Friday.

(c)    The draining and refilling of swimming pools and/or spas shall be by permit only issued by the City Council.

(d)    All restaurants shall serve water only upon specific customer request.

8-07-1175 WATER CONSERVATION STAGE 4:

Mandatory Compliance--Water Emergency. Upon implementation by the City and publication of notice, the following restrictions shall apply to all persons. All elements of Water Conservation Stage 3 shall remain in effect in Water Conservation Stage 4, except that:

(a)    All outdoor irrigation of vegetation shall be allowed only before 6:00 a.m. and after 8:00 p.m. (local time) on designated days. No watering during the day between 6:00 a.m. and 8:00 p.m. (local time)

(b)    Designated days are:

(1)    Even numbered addresses on Wednesday and Sunday.

(2)    Odd numbered addresses on Tuesday and Saturday.

(3)    No watering on Monday, Thursday or Friday.

(c)    The washing of automobiles, trucks, trailers, boats, airplanes, and other types of mobile equipment not occurring upon the immediate premises of commercial car washes and not in the immediate interest of the public health, safety, and/or welfare shall be prohibited.

(d)    The use of water from fire hydrants shall be limited to fire fighting and/or other activities immediately necessary to maintaining the health, safety and/or welfare of the citizens residing in County Service Area No. 2.

(e)    Commercial nurseries shall water only on designated days and shall use only hand-held hoses, drip or mist irrigation systems, or hand-held buckets between the hours of 6:00 a.m. and 8:00 p.m. (local time); otherwise, sprinklers are permitted only before 6:00 a.m. and after 8:00 p.m. (local time) on designated days.

(f)    The operation of any ornamental fountain, waterfall or similar structure is prohibited.

(g)    The draining and refilling of swimming pools is prohibited.

8-07-1180 INDOOR WATER USE: WATER CONSERVATION MEASURES:

Low-flush-volume, water-saving toilets shall be installed in all new construction for which building permits are issued after the effective date of this Chapter.

ARTICLE 7. PENALTIES AND ENFORCEMENT

8-07-1230 ENFORCEMENT OBJECTIVES:

It is one of the objectives of the County of Tulare that the citizens of the areas described in section 8-07-1070 be encouraged to voluntarily comply with the provisions of this Chapter. In furtherance of said objective, the enforcement of this chapter will permit the issuance of a first warning of violation of any provisions of sections 8-07-1140 through 8-07-1180 of Article 5 by way of written notice of violation to the violating water user, before the issuance of a citation for further said violations.

8-07-1235 ENFORCEMENT: PENALTY:

Notwithstanding section 8-07-1230, any person violating any provision of Article 5, sections 8-07-1140 through 8-07-1180, shall be guilty of an infraction which shall be punishable by a fine of Twenty-Five Dollars ($25.00) for the first violation, Fifty Dollars ($50.00) for the second violation and One Hundred Dollars ($100) for the third and each subsequent violation. Each day that a violation continues shall be regarded as a new and separate violation, offense and infraction, except where the violation cannot be immediately remedied by shutting off the source, in which case not more than forty-eight (48) hours will be allowed to correct the problem. Beyond that, each new day will constitute a new and separate violation, offense and infraction.

8-07-1240 ENFORCEMENT: PENALTY: SAME:

For each and every violations of any provision of Article 5, sections 8-07-1140 through 8-07-1180, the citation issued shall state on its face, and any complaint thereon shall be filed in accordance with, the following:

"The Complaint charging a violation of Article 5, consisting of sections 8-07-1145 through 8-07-1180, of Chapter 7 of Part VIII of the Ordinance Code of the County of Tulare shall not be filed with the Clerk of the appropriate judicial court for a period of thirty (30) days after the issuance of this Citation. Within such thirty (30) day period, the person receiving this Citation shall have the right to voluntarily appear before the City Clerk of the City of Woodlake or his or her deputy during business hours at the City Hall in the City of Woodlake located at 350 North Valencia and to pay the Clerk the sum of Twenty-Five Dollars ($25.00) in cash for the first violation, Fifty Dollars ($50.00) for the second violation and One Hundred Dollars ($100) for the third and each additional violation of Article 5, consisting of sections 8-07-1145 through 8-07-1180, of Chapter 7 of Part VIII of the Ordinance Code of the County of Tulare. If the person receiving a Citation pays the amount required to the City Clerk within such thirty (30) day period and before the filing of a Complaint, a Complaint shall not be filed with the Court and further appearance will not be necessary by the person receiving the Citation. Payment shall constitute an admission of violation by the person receiving the Citation. Should the person receiving the citation fail to pay the City Clerk the amount above specified within the time specified, a Complaint charging an infraction shall be filed, the person shall be required to appear before the Court at the time and place indicated on the citation and the matter processed in the usual course at a hearing before the Court. The Court may add Court costs and fees to the fine imposed."

8-07-1245 PUBLIC NUISANCE:

In addition to any other remedies which may otherwise be available to the County of Tulare, the Board of Supervisors of the County of Tulare hereby makes the following findings and declarations:

(a)    The waste of water, as that term is defined herein, on public or private property within the areas described in section 8-07-1070, is hereby found to contribute to and compound drought conditions which may, from time to time, exist in Tulare County, to the detriment of one of our most precious and finite resources, water. Such conditions cause injury to the health, safety and/or general welfare of the citizens of Tulare County.

(b)    Therefore, the waste of water within the areas described in section 8-07-1070, on private or public property, except as expressly permitted hereinabove, is hereby declared to constitute a public nuisance which may be abated in an action brought on behalf of the people of the State of California, by the County Counsel, in any Court of competent jurisdiction.

8-07-1250 ENFORCEMENT OFFICERS:

(a)    All police officers, sheriff deputies and persons authorized by law to issue citations within the City and within the County or by ordinance to issue citations for violation of this Chapter shall, in conjunction with other duties imposed upon them by law, diligently enforce the provisions of this ordinance.

(b)    All other employees of the City and County are encouraged to notify the City Police Department of any perceived violations of this ordinance.

(c)    Except as otherwise provided, this Chapter shall be administered and enforced by the Director of the County Public Works Department and his authorized representatives.

ARTICLE 9. EXEMPTIONS AND EXCEPTIONS

8-07-1300 APPLICATION FOR EXEMPTION:

Consideration of written applications for exceptions regarding regulations and restrictions on water use not otherwise set forth in previous sections of this ordinance shall be as follows:

(a)    Upon written application, in the form and containing the information required by the Public Works Director, an exception may be granted by the Public Works Director, if:

(1)    Compliance with this ordinance would cause an unnecessary and undue hardship to the Applicant, including, but not limited to, adverse economic impacts, such as loss of production or jobs; or

(2)    Compliance with this ordinance would cause a condition affecting the health, sanitation, fire protection, and/or safety of the Applicant or the public.

(b)    Any decision of the Public Works Director under this section may be appealed to the Board of Supervisors in accordance with section 165 of this Ordinance Code.