Chapter 6-7 WATER CONSERVATION AND EDUCATION

The purpose and intent of the Council in enacting this chapter is to protect the health, safety, welfare, and interest of the public and of patrons of establishments regulated by this Code by requiring that the patrons, establishments, and persons conserve and not waste water by requiring that such establishments and persons conform to the water conservation procedures set forth in this chapter.

(1209-CS, Amended, 06/25/2015; 724-CS, Enacted, 03/26/1991)

6-7-103 Findings.

(a) As a result of the drought and the understanding that water is a precious resource, the City Council finds that any ordinance relating to the conservation of water is an urgency matter for the health, safety, and general welfare of the public; and

(b) The Constitution of the State of California and California Case Law provide that water shall not be wasted; and

(d) To prevent the waste of water it is the intent of the City Council of the City of Turlock to adopt reasonable rules regulating the use of water for outdoor landscape watering and other ancillary uses; and

(e) The City Council is mindful of the importance of conserving water.

(1209-CS, Amended, 06/25/2015; 724-CS, Enacted, 03/26/1991)

Article 2. Education

6-7-201 Education.

(a) The City Council, as part of supplementation of this chapter, will provide information to the public through the City Manager and City departments regarding the proper use to minimize the volume of water needed for a given function.

(b) The Council, in an effort to carry out its findings and legislative purpose, sponsors this educational program with the intent that through proper education and implementation of water conservation procedures persons and establishments may continue to function with a significant savings in the volume of water.

(1209-CS, Amended, 06/25/2015; 724-CS, Enacted, 03/26/1991)

Article 3. Water Conservation Schedule and Prohibitions

6-7-301 Outdoor landscape watering.

All users of water within the City limits of the City of Turlock are subject to the following regulations:

(a) Outdoor landscape watering is prohibited between the hours of 9:00 a.m. and 9:00 p.m.

(b) From March 1st to October 31st addresses which end with an odd number are authorized to water on Sunday, Wednesday, and Friday.

(c) From March 1st to October 31st addresses which end with an even number are authorized to water on Tuesday, Thursday, and Saturday.

(d) No watering is permitted on Monday.

(e) Winter outdoor landscape watering schedule shall be as follows: from November 1st to February 28th outdoor landscape watering is only permitted on Saturday for addresses which end with an even number and Sunday for addresses which end with an odd number.

(1286-CS, Amended, 06/22/2021; 1222-CS, Amended, 05/12/2016; 1209-CS, Amended, 06/25/2015; 849-CS, Amended, 04/26/1994; 746-CS, Amended, 08/13/1991; 724-CS, Enacted, 03/26/1991)

6-7-302 Prohibitions.

(a) Newly planted lawns may be allowed daily watering only until the second mowing has been completed upon notification of the Municipal Services Department prior to planting.

(b) The washing down or hosing of recreational vehicles, sidewalks, gutters, outside structures, or other exterior surfaces without prior written consent of the Municipal Services Director or his designee is prohibited and a violation of this chapter. Sweeping or brushing is required unless prior approval for water use is obtained.

(c) The filling of wading pools is permitted, but “slip-n-slides” and other recreational activities requiring a constant flow of water are prohibited.

(d) The washing of vehicles at a residence is allowed only if a quick-acting automatic positive shut-off valve is used and in proper operating condition and is limited to one (1) such washing per week per vehicle during designated watering days and times.

(1209-CS, Amended, 06/25/2015; 724-CS, Enacted, 03/26/1991)

Article 4. Emergency Water Shortage Plan

6-7-401 Title.

There is hereby established the “City of Turlock Emergency Water Shortage Plan.”

(1209-CS, Amended, 06/25/2015; 785-CS, Amended, 06/23/1992; 778-CS, Enacted, 04/28/1992)

6-7-402 Declaration of policy: Purpose.

(a) Declaration of policy. The City Council hereby declares that the general welfare requires that the water resources available to the City be put to the maximum beneficial use to the extent to which the City is capable, and that the waste of, unreasonable use of, or unreasonable method of use of water be prevented. The conservation of such water is to ensure the reasonable and beneficial use thereof in the interests of the people of the City of Turlock and for the public welfare.

(b) Purpose. The City Council finds and declares that consolidating the provisions of Ordinance Number 778-CS and Ordinance Number 782-CS into one (1) readily accessible document shall provide a more professional and usable work product as well as promote a better public understanding of the various procedures and provisions of the Turlock Emergency Water Shortage Plan. Additionally, adding provisions prohibiting water wasting and defining the acts which so constitute water wasting advances the purpose and policy of the Turlock Emergency Water Shortage Plan.

(1209-CS, Amended, 06/25/2015; 785-CS, Amended, 06/23/1992; 778-CS, Enacted, 04/28/1992)

6-7-403 City Manager: Authorized action.

The City Manager, or his or her designee, is hereby authorized and directed to implement the provisions of this chapter upon a declaration by the City Council that a water shortage emergency condition prevails as specified in TMC 6-7-405.

(1286-CS, Amended, 06/22/2021; 1209-CS, Amended, 06/25/2015; 785-CS, Amended, 06/23/1992; 778-CS, Enacted, 04/28/1992)

6-7-404 Application.

The provisions of this chapter shall apply to all persons, customers, and property served by the City of Turlock.

(1209-CS, Amended, 06/25/2015; 785-CS, Amended, 06/23/1992; 778-CS, Enacted, 04/28/1992)

6-7-405 Water conservation stages.

(a) Stage 1. Mandatory water conservation compliance: Warning. Upon implementation of this chapter by the City Council pursuant to Water Code Section 350, and publication of notice that Stage 1 mandatory water conservation compliance measures are in effect, in addition to the outdoor landscape watering, water use prohibitions, and acts constituting water wasting, the following mandatory conservation compliance measures shall apply:

(1) Outdoor landscape watering. Outdoor landscape watering shall be limited to three (3) times per week on an odd-even basis. If the address ends in an even number, the water days shall be Tuesdays, Thursdays, and Saturdays. If the address ends in an odd number, the watering days shall be Wednesdays, Fridays, and Sundays. No outdoor landscape watering on Mondays. Drip irrigation systems shall be exempt.

(2) Outdoor landscape watering is prohibited between the hours of 9:00 a.m. and 9:00 p.m.

(3) Large commercial landscapes and City parks may have individual watering schedules approved by the Municipal Services Department.

(4) Residential vehicle washing. Residents shall be allowed to wash their vehicles as established by TMC 6-7-302(d).

(b) Stage 2. Mandatory water conservation compliance: Warning. Upon implementation of this chapter by the City Council pursuant to Water Code Section 350, and publication of notice that Stage 2 mandatory water conservation compliance measures are in effect, in addition to the outdoor landscape watering, water use prohibitions, and acts constituting water wasting and Stage 1 measures, the following Stage 2 mandatory conservation compliance measures shall apply:

(1) Outdoor landscape watering. Outdoor landscape watering shall be limited to two (2) times per week on an odd-even basis. If the address ends in an even number, the watering days shall be Tuesdays and Saturdays. If the address ends in an odd number, the watering days shall be Wednesdays and Sundays. No outdoor landscape watering on Monday, Thursday, and Friday. Drip irrigation systems shall be exempt.

(2) Large commercial landscapes and City parks shall also be limited to two (2) days per week, as scheduled by the Municipal Services Department.

(c) Stage 3. Mandatory water conservation compliance: Warning. Upon implementation of this chapter by the City Council pursuant to Water Code Section 350, and publication of notice that Stage 3 mandatory water conservation compliance measures are in effect, in addition to the outdoor landscape watering, water use prohibitions, and acts constituting water wasting, Stage 1 and Stage 2 measures and the following Stage 3 mandatory conservation compliance measures shall apply:

(1) Outdoor landscape watering shall be limited to one (1) day per week on an odd-even basis. If the address ends in an even number, the watering day shall be Saturdays. If the address ends in an odd number, the watering day shall be Sundays. No outdoor landscape watering Monday through Friday. Drip irrigation systems shall be exempt.

(2) Large commercial landscaping and City parks shall be limited to one (1) day per week, as scheduled by the Municipal Services Department.

(3) Construction water from City fire hydrants shall be banned but recycled water from the City of Turlock’s Regional Water Quality Control Facility may be made available for construction water purposes.

(4) Washing of automobiles, trucks, trailers, boats, airplanes, and other types of mobile equipment not occurring upon the immediate premises of commercial car washes and commercial service stations and not in immediate interest of the public health, safety, and welfare shall be prohibited.

(5) Further use of decorative fountains or reflection ponds shall be discontinued until further notice.

(d) Stage 4. Mandatory water conservation compliance: Warning. Upon implementation of this chapter by the City Council pursuant to Water Code Section 350, and publication of notice that Stage 4 mandatory water conservation compliance measures are in effect, in addition to the outdoor landscape watering, water use prohibitions, and acts constituting water wasting, Stage 1, Stage 2, and Stage 3 measures and the following Stage 4 mandatory conservation compliance measures shall apply:

(1) Outdoor landscape watering shall be limited to one (1) day per week, for trees only, only if a quick-acting automatic positive shut-off valve is used and in proper operating condition.

(e) Stage 5. Mandatory water conservation compliance: Warning. Upon implementation of this chapter by the City Council pursuant to Water Code Section 350, and publication of notice that Stage 5 mandatory water conservation compliance measures are in effect, in addition to the outdoor landscape watering, water use prohibitions, and acts constituting water wasting, Stage 1, Stage 2, Stage 3, and Stage 4 measures and the following Stage 5 mandatory conservation compliance measures shall apply:

(1) Large commercial landscaping and City parks shall be limited to one (1) day per month, as scheduled by the Municipal Services Department.

(f) Stage 6. Mandatory water conservation compliance: Warning. Upon implementation of this chapter by the City Council pursuant to Water Code Section 350, and publication of notice that Stage 6 mandatory water conservation compliance measures are in effect, in addition to the outdoor landscape watering, water use prohibitions, and acts constituting water wasting, Stage 1, Stage 2, Stage 3, Stage 4, and Stage 5 measures and the following Stage 6 mandatory conservation compliance measures shall apply:

(1) Industry and commercial businesses shall be required to curtail consumption to maintain adequate supplies of water for health and safety.

(2) Outdoor landscape watering shall be prohibited.

(3) Filling newly constructed or drained swimming pools with City water shall be prohibited.

(1286-CS, Amended, 06/22/2021; 1222-CS, Amended, 05/12/2016; 1209-CS, Amended, 06/25/2015; 785-CS, Amended, 06/23/1992; 782-CS, Amended, 06/09/1992; 778-CS, Enacted, 04/28/1992)

6-7-406 Mandatory conservation compliance phase implementation.

(a) The Municipal Services Director, or his or her designee, shall monitor the projected supply and demand for water by its customers, with heightened emphasis during the months of March through October.

(b) The Municipal Services Director, or his or her designee, shall recommend to the City Manager the extent of the conservation compliance stage required in order for the City to prudently plan for and supply water to its customers.

(c) The City Manager may order that the appropriate stage of water conservation be implemented or terminated in accordance with the applicable provisions of this chapter. When implementing mandatory water conservation compliance Stages 2, 3, and 4 said order shall be made by public announcement and shall be published a minimum of one (1) time in a daily newspaper of general circulation and shall become effective immediately upon such publication.

(1209-CS, Amended, 06/25/2015; 785-CS, Amended, 06/23/1992; 778-CS, Enacted, 04/28/1992)

6-7-407 Water wasting prohibited.

Water wasting, as defined by TMC 6-7-408, is prohibited.

(1209-CS, Amended, 06/25/2015; 785-CS, Enacted, 06/23/1992)

6-7-408 Acts constituting water wasting.

For the purposes of this title, acts constituting water wasting shall mean and include, but shall not be limited to, any of the following acts:

(a) Failure to comply with the City of Turlock Emergency Water Shortage Plan, any conservation stage declared thereunder, and/or any guidelines or outdoor landscape watering schedules in effect pursuant thereto.

(b) Watering outdoor landscape areas or gardens such that excess water leaves the property or area being watered.

(d) Washing vehicles, boats, or equipment during restricted days or hours; and/or using an open hose not equipped with a quick-action automatic shut-off valve while so doing.

(e) Hosing down driveways, streets, sidewalks, parking lots, and building exteriors without the prior written consent of the Director of Municipal Services or his designee. If consent is given, any restrictions on the frequency, timing, or method would remain in effect unless a health or safety condition existed.

(f) Having leaky faucets, irrigation valves, sprinkler heads, or plumbing fixtures on the premises.

(g) Operating evaporated coolers which are not equipped with a recirculating pump.

(1209-CS, Amended, 06/25/2015; 785-CS, Enacted, 06/23/1992)

6-7-409 Notice of Acts Constituting Water Wasting.

(a) Any person committing any act which constitutes the wasting of water, as provided in TMC 6-7-408, shall be served Notice of Acts Constituting Water Wasting.

(b) This Notice of Acts Constituting Water Wasting shall serve as a first warning and first Notice of Acts Constituting Water Wasting and shall:

(1) Identify the date, time, and circumstances of the violation;

(2) State the amount of the potential penalty for water wasting;

(3) Advise the customer of his or her appeal rights as provided herein;

(c) The Notice of Acts Constituting Water Wasting shall be served on any person committing any act which constitutes the wasting of water, as provided in TMC 6-7-408, shall be served Notice of Act Constituting Water Wasting.

(1209-CS, Amended, 06/25/2015; 785-CS, Enacted, 06/23/1992)

6-7-410 Penalty fee assessment for water wasting.

(a) A penalty in the sum of Fifty and no/100ths ($50.00) Dollars shall be assessed to the utility customer’s account for a second violation within said one (1) year after being served with a first warning and a first Notice of Acts Constituting Water Wasting, pursuant to TMC 6-7-409. This penalty shall be waived if the owner of the premises where the violation occurred, or the occupant (if different than the owner, and the occupant committed the violation), attends a water conservation education workshop offered by the City within sixty (60) days after date of the penalty notice; provided, that only one (1) such penalty waiver shall be allowed for the premises within any twenty-four (24) month period.

(b) A penalty in the sum of One Hundred and no/100ths ($100.00) Dollars shall be assessed to the utility customer’s account for a third violation within said one (1) year after being served with a Notice of Acts Constituting Water Wasting, pursuant to TMC 6-7-409.

(c) A penalty in the sum of Two Hundred-Fifty and no/100ths ($250.00) Dollars shall be assessed to the utility customer’s account for a fourth and each subsequent violation within said one (1) year after being served with a Notice of Acts Constituting Water Wasting, pursuant to TMC 6-7-409.

(1209-CS, Amended, 06/25/2015; 785-CS, Enacted, 06/23/1992. Formerly 6-7-411)

6-7-411 Appeal.

(a) Any person issued a Notice of Acts Constituting Water Wasting shall have the right to appeal to the Municipal Services Director, or his or her designee, the Notice of Acts Constituting Water Wasting, or any water wasting penalty assessed to his or her account.

(b) The appeal hearing shall be held before the Municipal Services Director, or his or her designee. After hearing all of the evidence presented, he or she shall make the final administrative determination regarding the matter.

(d) Such appeal hearing is an administrative hearing and the rules of evidence shall not apply.

(1209-CS, Amended, 06/25/2015; 785-CS, Enacted, 06/23/1992. Formerly 6-7-412)

6-7-412 Appeal hearing request.

(a) The utility customer must request an appeal hearing in writing within fifteen (15) calendar days from the date of service of the Notice of Acts Constituting Water Wasting, or any water wasting penalty assessed to his or her account, unless the fifteenth day falls on a weekend or City observed holiday.

(b) The request for hearing shall be addressed to the Municipal Services Director and shall be deemed served only when received by the City. Failure to properly serve the request for hearing within the fifteen (15) calendar day period shall be deemed a waiver of the right to appeal the matter and the penalty will be assessed against the customer’s account unless the fifteenth day falls on a weekend or City observed holiday.

(c) The hearing officer shall give written notice by mail to the utility customer of the date, time, and location of the appeal hearing, which hearing shall be held no sooner than ten (10) days from receipt of the request for hearing and no longer than thirty (30) days from receipt of such request.

(d) The decision of the hearing officer shall be final. If the Notice of Acts Constituting Water Wasting, or any water wasting penalty assessed to an account is upheld, the penalty shall be assessed to the customer’s account.

(1209-CS, Amended, 06/25/2015; 785-CS, Enacted, 06/23/1992. Formerly 6-7-413)

6-7-413 Failure to pay penalty fee.

Failure of any utility customer to pay the penalty imposed pursuant to this article as required shall be grounds to discontinue utility service until compliance is obtained.

(1209-CS, Amended, 06/25/2015; 785-CS, Enacted, 06/23/1992. Formerly 6-7-415)

6-7-414 Hand watering exemption.

(a) Notwithstanding any provision of this chapter, the Municipal Services Director, or his or her designee, in his or her sole discretion, may authorize outdoor landscape hand watering before 9:00 a.m. and after 7:00 p.m. if:

(1) Hand watering is the only form of watering available; and

(2) It is the correct watering day for the address; and

(3) Plants and groundcover are drought tolerant; and

(4) Hand watering is not left unattended (hose left on the ground, running unattended); and

(5) No more than fifty (50) gallons of water is used for hand watering on any given watering day.

(b) Any person seeking authorization for hand watering of outdoor landscape pursuant to this section shall submit a written application to the Municipal Services Director, or his or her designee. The application shall describe how the person meets the requirements of subsection (a) of this section, and provide any other information required by the Municipal Service Director, or his or her designee.

(1286-CS, Added, 06/22/2021)