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HomeMy WebLinkAboutOrdinance 2114 N.C.S. 05/21/2001ORDINANCE N0.2114 N.C.S. Vice Mayor Cader-Thompson Seconded by Bryant Moynihan AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA AMENDING CHAPTER 15.12 PROHIBITING THE WASTE AND NONESSENTIAL USE OF WATER AND PROVIDING FOR THE CONSERVATION OF TIDE WATER SUPPLY OF THE CITY OF PETALUMA BE IT ORDAINED BY THE COUNCIL, OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. The purpose this ordinance and amendment to Chapter 15.12 is to promote water conservation and efficient use of potable furnished by the City of Petaluma by eliminating intentional or unintentional water waste when a .reasonable alternative solution is available and by prohibiting the use of equipment that is useful. Section 2: The following sections are added to Chapter 15.12 of the Petaluma Municipal Code: 15.12.071 -Nonessential Uses Defined. No customer of the City shall use or permit the use of potable water from the City for residential, commercial, institutional, industrial, agricultural, or other purpose for the following nonessential uses: A. The washing of sidewalks, walkways, driveways, parking lots and other hard-surfaced areas by direct hosing not equipped with a shutoff nozzle, except as may be necessary to properly dispose of flammable or other dangerous liquids or substances, wash away spills that present a trip and fall hazard, or to prevent or eliminate materials dangerous to the public health and safety; B. The escape of water through breaks or leaks within the customers plumbing or private distribution system for any substantial period of time within which .such break or leak Ord. 2114 NCS Page 1 ,; should reasonably have been discovered and corrected. It shall be presumed that a period.. of seventy-two (72) hours after the consumer discovers such a break or leak or receives notice from the City, is a reasonable time within which to correct such break or leak or, as a minimum, to stop the flow of water from such break or leak; C. Irrigation in a manner or to the extent that allows excessive runoff of water or unreasonable over-spray of the areas being treated. Every customer is deemed to have his/her water system under control at all times, to know the manner and extent of his/her water use and any runoff, and to employ available alternatives to apply irrigation water in a reasonably efficient manner; D. Washing cars, boats, trailers or other vehicles and machinery directly with a hose not equipped. with a shutoff nozzle; E. Water for non-recycling decorative water fountains. F. Water for single pass evaporative cooling systems for air conditioning in all connections installed after July 1, 2001, unless required for health or safety reasons; G. Water for new non-recirculating conveyor car wash systems; H. Water for new non-recirculating industrial clothes wash systems. 15.12.072 -Actions Prohibited. A. Runoff from areas containing equipment, machines, motor vehicle parts and other equipment containing grease, oil, or other hazardous or polluting materials; B. Intentional disposal of debris into storm drains. 15.12073 -Pressure Re ul~ ation. A pressure-regulating valve shall be installed and maintained by the consumer if static service pressure at the meter exceeds 80 pounds per square inch. The pressure-regulating valve shall be located between the meter and the house valve, and set at not more than 60 pounds per .square inch when measured at the house valve. This requirement may be waived if the consumer presents evidence satisfactory to the City that high pressure is necessary in the design and that no water will be wasted as a result ofhigh-pressure operation. 15.12.074 -Plumbing and Fixtures. Ord. 2114 NCS Page 2 J ` . A. All interior plumbing and appliance in new buildings shall meet the most efficient water standards as .set by the State of California; B. Toilets and associated flush valves shall use 1.6 gallons, or less, of water per flush; C. Urinals and associated flush valves shall use 1.0 gallons, or less, of water per flush; D. Shower heads shall use 2.5 gallons, or less of water per minutes; E. Kitchen and lavatory faucets shall use 2.2 gallons, or less, of water per minute; F. Separate landscape water service meters will be required for all new and rehabilitated industrial, commercial, and institutional landscaping and all new or rehabilitated multi-family common areas (those areas in a residential development maintained by either the developer or a homeowner's association). 15.12.075 -Swimming Pool Covers. Pool covers are required for all new outdoor .swimming pools. 15.12.076 -Exempt Water Uses. All water use associated with the operation and maintenance of fire suppression equipment or employed by the City for water quality flushing and sanitation purposes shall be exempt from the provisions of this section. Use of water supplied by a private well or from a reclaimed wastewater, gray water, or rainwater utilization system is also exempt. 15.12.077 -Variances. Any customer of the City may make written application for a variance. Said application shall describe in detail why applicantbelieves avariance is justified: A. The Director of Water Resources and Conservation may grant variances for use of water otherwise prohibited by this section upon finding and determining that failure to do so would cause an emergency condition affecting the health, sanitation, fire protection or safety of the applicant or public; or, cause an unnecessary and undue hardship on applicant or public, including but not limited to, adverse economic impacts, such a loss of production or jobs. B. The decision of the Director of Water Resources and Conservation maybe appealed to the Council by submitting a written appeal to the City Clerk within fifteen (15) calendar days of the date of the decision. Upon granting any appeal, the Council may Ord. 2114 NCS Page 3 impose any conditions it determines to be just and proper. Variances granted by the Council shall be prepared in writing, and the Council may require the variance be recorded at applicant's expense. 15.12.078 -Enforcement and Fees. Depending on the extent of the water waste, the City may, after written notification to customer and a reasonable time (72 hours; see section 15.12.071(B)) to correct the violation as solely determined by the City, take some or all of the following actions. Penalties, fees and charges noted below shall be established by resolution of the City: A. Personal contact with the customer at the address of the water service. If personal contact is unsuccessful, written notice of the violation including a date that the violation is to be corrected maybe left on the premises, with a copy of the notice sent by certified mail to the customer. B. The City may install aflow-restricting device on the service line. C. The City may levy a water waste fine to the customer. D. The City may shut off water service, and the charge for same shall be billed to the customer. Except in cases of extreme emergency as solely determined by the City Manager, service shall not be reinstated until verified by the City that the violation has been corrected and all charges and fees have been paid. Section 3. Severability: If any section, subsection, sentence, clause or phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed. and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. Section 4. Environmental Determination: The City determines that this ordinance is a Class 7 categorical exemption under section 15307 of the California Environmental Quality Act, which exempts actions by regulatory agencies for protection of natural resources. Ord. 2114 NCS Page 4 ,` ,' , . , ,.. Section 5. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 6. The City Clerk is hereby directed to advertise this ordinance for the period and in the manner required by the City Charter. INTRODUCED and ordered posted/pu~li-shed this 7t" day of May' 2001. ADOPTED this 21st day of May, 2001 by the following vote: AYES: O'Brien, Healy, Torliatt, Moynihan, Vice Mayor Cader-Thompson NOES: None ABSENT: Maguire, Mayor Thompson ~, ice Mayor ATTEST: City Clerk ord 4/18/01 (fmk) Ord. 2114 NCS Page 5