CHAPTER 1
WATER
ARTICLE 11. WATER SHORTAGE EMERGENCY
SECTION:
§3602 Declaration Of Water Emergency
§3603 Restrictions Of Water Use Stage I
§3604 Prohibition Of Nonessential Water Use Stage II
§3605 Nonessential Uses Defined
§3606 Further Nonessential Uses Defined Stage III
§3607 Number Of Permanent Residents
§3608 Tampering With Water Meters Prohibited
§3610 Violation Of Water Use Restrictions; Punishment
§3611 Purpose And Intent; Statutory Construction
§3614 Water Services To Be Disconnected
§3615 Enforcement; Designated Persons
§3600 FINDINGS
The City Council hereby finds and determines that the ordinary demands and requirements for water customers of the City may not, from time to time, be satisfied without depleting the water supply to the extent that there would be insufficient water for human consumption, sanitation, and fire protection. This ordinance is intended to prohibit any additional demands on the existing water supply, to prohibit all nonessential uses as defined herein, and to allocate the available water supply during any water shortage emergency to the end that sufficient water will be and remain available for human consumption, sanitation, and fire protection. (Ord. 691, §1, adopted 1977)
§3601 DEFINITIONS
For the purpose of this Article the following terms, phrases, words, and their derivations shall have the meaning given herein: The word "shall" is always mandatory and never directory.
A. Customer: The person using water supplied by the City.
B. Director: The Director of Public Works of the City or his designated representative.
C. Department: The Water Utilities Division of the Department of Public Works.
D. Hand-Watering: Water supplied to a customer through a hose connected to the customer’s piping system while such hose is hand held and such water used for exterior purposes.
E. Irrigate: To water land, whether by channels, by flooding, by sprinkling, or any other means whatsoever except hand-watering.
F. Water: Only water supplied by the City unless expressly provided otherwise or required by the context. (Ord. 691, §1, adopted 1977)
§3602 DECLARATION OF WATER EMERGENCY
When it appears that the City may be unable to supply the normal demands and requirements of water customers, the City Council may, by resolution declare a water emergency. The resolution shall specify the degree of emergency existing and shall place into effect the appropriate provisions of this ordinance. (Ord. 691, §1, adopted 1977)
§3603 RESTRICTIONS OF WATER USE STAGE I
Whenever the City Council, by resolution, declares Stage I water emergency to exist to promote water conservation, each of the following actions is prohibited, unlawful and a violation of this code, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a State or Federal agency or when an alternate irrigation plan that demonstrates equal or greater savings is approved by Public Works;
The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, nonirrigated areas, private and public walkways, roadways, parking lots, or structures;
Broadcast (nondrip) irrigation from sunup to sundown and more frequently than (A) every other day or (B) more than four (4) days per week and at a rate that causes ponding or puddling in the irrigated area;
Drip irrigation at a rate that causes ponding or puddling in the irrigated area;
The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use;
The application of potable water to driveways and sidewalks; and
The use of potable water in a fountain or other decorative water feature except where the water is part of a recirculating system. (Ord. 691, §1, adopted 1977; Ord. 1150, §1, adopted 2014)
§3604 PROHIBITION OF NONESSENTIAL WATER USE STAGE II
It is unlawful for any person to use water for any nonessential use as hereinafter defined, whenever the City Council determines by resolution that a Stage II water emergency exists. (Ord. 691, §1, adopted 1977)
§3605 NONESSENTIAL USES DEFINED
The following uses of water are nonessential:
A. Use of water from public hydrants for any purpose other than fire protection and/or prevention.
B. Use of water through any meter when the consumer has been given two (2) days’ notice to repair one or more leaks and has failed to complete such repairs.
C. Use of water by a golf course to irrigate any portion of its grounds except those areas designated as tees and greens; except where the Director shall have determined that any such use is nonessential and written notice of such determination shall have been provided.
D. Use of water to irrigate grass, lawns, ground cover, shrubbery, vegetable gardens, trees, or other outdoor vegetation unless drip irrigation is used.
E. Use of water for the construction of any structure, including such use in dust control.
F. Use of water to wash any sidewalk, walkways, driveway, street, parking lot, tennis court, or other hard surfaced area by hosing or by otherwise direct use of water from faucets or other outlets.
G. Use of water to wash any motor vehicle, trailer, airplane, or boat by hosing or otherwise using water directly from a faucet or other outlet.
H. Use of water to fill or refill any swimming pool.
I. Use of water to add to any swimming pool not equipped with and using a pool cover. (Ord. 691, §1, adopted 1977; Ord. 1150, §1, adopted 2014)
§3606 FURTHER NONESSENTIAL USES DEFINED STAGE III
In addition to the nonessential uses set forth in §3605, the following additional uses are determined to be nonessential when the Council has, by resolution declared a State III emergency.
A. Use of water in excess of the daily usage allotment hereinafter set forth:
|
Single family or duplex |
50 gallons – per permanent resident (100 cu. ft. per month) |
|
Multi-residential units |
45 gallons – per permanent resident (180 cu. ft. per month) |
B. All other uses not expressly set forth in §3605 shall be limited to fifty percent (50%) of the prior water use for a similar period as determined by the Department from its records. Where no such records exist, prior water use shall be deemed to be the average prior water use of similar existing services as shall be determined by the Department from its records.
C. Use of water to irrigate, the provisions of §3605 above to the contrary, notwithstanding.
D. Use of water for hand-watering. (Ord. 691, §1, adopted 1977)
§3607 NUMBER OF PERMANENT RESIDENTS
Each customer in whose name water is supplied to a residence shall upon request of the Director advise him under penalty of perjury the number of permanent residents using water supplied to that residence. If such a residential customer shall fail to so advise the Director, such residence shall be permitted the water allocation herein provided for one permanent resident. (Ord. 691, §1, adopted 1977)
§3608 TAMPERING WITH WATER METERS PROHIBITED
It is unlawful for any person to remove, replace, alter, damage, or otherwise tamper with any water meter or components thereof, including but not limited to the meter face, dials, or other water usage indicators, and any flow-restricting device installed thereon. (Ord. 691, §1, adopted 1977)
§3609 VARIANCES
The Director may:
A. Grant temporary variances for uses of water otherwise prohibited; or
B. Adjust temporarily any or all consumer’s allotment if he finds and determines that due to unusual circumstances to fail to grant such a variance would cause an emergency condition affecting health, sanitation, or fire protection of the applicant or the public; further, he may grant such adjustment in the case of a mixed residential/nonresidential use if he finds that such adjustment is necessary to place an equivalent allotment burden on said applicant. The City Council shall ratify or revoke any such variance or adjustment at its next scheduled meeting.
No such variance or adjustment shall be retroactive or otherwise justify any violations of this ordinance occurring prior to issuance of said temporary variance or adjustment. (Ord. 691, §1, adopted 1977)
§3610 VIOLATION OF WATER USE RESTRICTIONS; PUNISHMENT
It is a misdemeanor for any person to use or apply water received from the City contrary to or in violation of any restriction or prohibition specified in the Article, except both the first and second violations of this ordinance within any one year period shall be infractions. Said punishment may be in lieu of or in addition to any other penalty or method of enforcement provided by law. Any violation of this ordinance permitted to continue after notice, shall be a separate offense and shall be punishable as such hereunder; further, each day such violation continues shall be considered a separate offense. (Ord. 691, §1, adopted 1977)
§3611 PURPOSE AND INTENT; STATUTORY CONSTRUCTION
It is the purpose and intent of this ordinance to prohibit an increase in the water demand on the City’s water supply, to eliminate all nonessential water usage, and to provide for allocation of existing water resources to insure sufficient water for human consumption, sanitation, and fire protection. This ordinance shall be liberally construed to effectuate such purpose and intent. (Ord. 691, §1, adopted 1977)
§3612 REPAIR; REPLACEMENT
Notwithstanding any other provisions of this ordinance, no restriction or prohibition is imposed upon the repair or replacement of existing water service facilities in a manner which the Director determines will not materially increase the consumption of water. (Ord. 691, §1, adopted 1977)
§3613 ORDINANCE CONTROLLING
The provisions of this ordinance shall prevail and control in the event of any inconsistency between this ordinance and any other rule, regulation, ordinance, or code of the City. (Ord. 691, §1, adopted 1977)
§3614 WATER SERVICES TO BE DISCONNECTED
Water may be shut off by the Department with appropriate notice whenever the Director determines there has been a willful failure to comply with the provisions of this ordinance, any other provisions of this code to the contrary, notwithstanding. Charges for reconnection or restoration of service which has been terminated pursuant to this Section shall be at the rates and on the conditions set by resolution. (Ord. 691, §1, adopted 1977)
§3615 ENFORCEMENT; DESIGNATED PERSONS
A. Each police officer of the City shall in connection with his duties imposed by law diligently enforce the provisions of this ordinance.
B. The Director and his designated employees shall have the duty and are hereby authorized to enforce the provisions of this ordinance. (Ord. 691, §1, adopted 1977)
§3616 SEVERABILITY CLAUSE
If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each section, subsection, sentence, clause, and phrase thereof irrespective of the fact that any one or more such provisions be declared unconstitutional. (Ord. 691, §1, adopted 1977)
Urgency Ordinance
This ordinance is hereby declared to be necessary for the immediate preservation of the public peace, health, and safety and will take effect and be in force upon its adoption by a fourth-fifths (4/5) vote of the members of the Ukiah City Council. Due to severe drought conditions existing in the area from which the City draws its water supply, it is imperative that this ordinance become effective immediately to protect existing water supplies for human consumption, sanitation, and fire protection. The City Council of the City further declares that if normal water usage were permitted to continue, the available water supply would be depleted below the safe level for human consumption, sanitation, and fire protection. This ordinance shall be published in accordance with law within ten days after its adoption. (Ord. 691, §2, adopted 1977)