12.4.1305: AUTHORIZATION:

   A.   Utilities is authorized to enforce this part.

   B.   The City Council may declare by resolution a Stage I, Stage II, Stage III or Stage IV shortage when either a hydrologic or emergency shortage exists as defined below. The Chief Executive Officer may also declare a Stage I, Stage II, Stage III or Stage IV shortage on a temporary basis, including the appropriate level of outdoor landscape watering under a Stage II shortage, when an emergency shortage exists as defined below. The Chief Executive Officer's declaration of a Stage I, Stage II, Stage III or Stage IV shortage and/or determination of the appropriate level of outdoor landscape watering during a Stage II shortage, shall automatically be withdrawn unless approved by City Council resolution at the next regular City Council meeting occurring at least twenty (20) days after the date of the Chief Executive Officer's declaration.

      1.   Hydrologic Shortage: If total system storage is projected to be below 1.5 years of demand in storage on April 1, then an analysis will be conducted by Utilities' staff. The analysis will take into account system demands, water supply indicators such as long-range weather forecasts, snowpack, precipitation, temperature, evaporation, stream flow, soil moisture, projected storage levels, response of other water suppliers, operational constraints, and risk tolerance. If the analysis reveals a substantial risk of shortage, then the results will be reported to the City Council with a recommendation for implementation of water shortage response measures, including declaration of a Stage I, Stage II, Stage III or Stage IV shortage.

      2.   Emergency Shortage: An emergency shortage exists when emergency conditions such as infrastructure failure, natural disaster, regulatory issue or other factors hinder Utilities' ability to meet customer water demands.

   C.   The Chief Executive Officer may propose and implement additional water shortage response measures (beyond those contained in this part) or modify existing water shortage response measures as deemed necessary. However, the City Council must formally approve proposed additional or modified water shortage response measures by ordinance prior to such measures taking effect.

   D.   During a declared shortage, the City Council shall have the authority to approve the implementation of a water shortage tariff as part of an overall program to increase customer awareness of the shortage severity and the importance of saving water. All water shortage tariffs must be set by City Council pursuant to section 12.1.108 of this chapter. (Ord. 02-59; Ord. 03-41; Ord. 13-10; Ord. 19-99)

12.4.1306: STAGE I SHORTAGE (WATCH):

A Stage I shortage may be declared when the Chief Executive Officer determines that the analysis required by subsection 12.4.1305 B1 of this part or the existence of an emergency shortage indicate that proactive measures should be taken to avoid or reduce the severity of a shortage and potentially avert further restrictions. During a Stage I shortage, Utilities will increase public awareness efforts aimed to increase understanding of the shortage and reduce water demands while encouraging the community to save water wherever possible. During a Stage I shortage, water customers must comply with the restrictions set forth below and the prohibitions set forth in section 12.4.1304 and are asked to curtail water use as is appropriate.

   A.   In a Stage I shortage, irrigation with nonpotable water shall not exceed four (4) times per week per zone or area. The foregoing shall not apply to the watering of tees and greens at golf courses or under the exceptions outlined in section 12.4.1304 A2. Any water customer following the nonpotable irrigation schedule shall post a notice to that effect. The notice shall be posted on the premises so as to be visible from a public street at all times. A copy of the posted notice will be provided by Utilities.

   B.   During periods of drought, nonpotable wafer may be more or less abundant than other water supplies. Given the potential differing circumstances, the Chief Executive Officer may implement additional restrictions or other water shortage response measures on the use of water by nonpotable customers on a temporary basis. City Council must approve the additional restrictions or other water shortage response measures in accord with section 12.4.1305 C. (Ord. 02-59; Ord. 03-41; Ord. 13-10; Ord. 14-23; Ord. 19-99)

12.4.1307: STAGE II SHORTAGE (WARNING):

A Stage II shortage may be declared when the Chief Executive Officer determines that the analysis required by subsection 12.4.1305 B1 of this part or the existence of an emergency shortage indicates that the Stage I response is insufficient to reduce demands to a level in proportion to the severity of the shortage. In addition to the Stage I requirements set forth above, the following restrictions on the use of water by water customers and water conservation measures shall be in effect and required during a Stage II shortage:

   A.   Outdoor Potable Landscape Watering:

      1.   Outdoor landscape watering shall only be allowed in accord with this section. The Chief Executive Officer will determine the appropriate level of outdoor landscape watering based on several criteria, including, but not limited to, the severity of the shortage and the need to reduce demand on the water system. However, the City Council must approve the Chief Executive Officer’s determination of the applicable level of outdoor landscape watering by resolution in accord with section 12.4.1305 (B).

      Level A:

         Outdoor landscape watering shall only be allowed two (2) days per week on designated days as follows: a) residential users with even numbered addresses may only irrigate on Sunday and Wednesday; b) residential users with odd numbered addresses may only irrigate on Tuesday and Saturday; and c) commercial users may only irrigate on Monday and Thursday.

      Level B:

         Outdoor landscape watering shall only be allowed one day per week on designated days as follows: a) residential users with even numbered addresses may only irrigate on Sunday; b) residential users with odd numbered addresses may only irrigate on Saturday; and c) commercial users may only irrigate on Monday.

      2.   Outdoor landscape watering shall not exceed: twenty (20) minutes per sprinkler zone or area for pop up fixed spray sprinklers and forty five (45) minutes per zone or area for impact or gear driven rotor sprinklers, and sixty (60) minutes per zone or area for pop up spray sprinklers with rotary type nozzles on each watering day. Outdoor landscape watering with hose end sprinklers shall not exceed three (3) hours each watering day.

      3.   If there is no street address associated with the premises, such as a parkway or median (private or public), the outdoor landscape watering schedule for commercial users shall be followed.

   B.   In a Stage II shortage, irrigation with nonpotable water shall not exceed three (3) times per week per zone or area during Level A; and two (2) times per week per zone or area during Level B. The foregoing shall not apply to the watering of tees and greens at golf courses or under the exceptions outlined in section 12.4.1304 A2. Any water customer following the nonpotable irrigation schedule shall post a notice to that effect. The notice shall be posted on the premises so as to be visible from a public street at all times. A copy of the posted notice will be provided by Utilities.

   C.   Motor vehicles, trailers, boats and other types of equipment shall be washed only with a handheld hose equipped with an active positive shutoff nozzle. It is more efficient to wash motor vehicles, trailers, boats and other types of equipment at a commercial car wash which treats and recycles wash water. Each commercial car wash must develop, maintain on site and comply with a best water management practices plan that demonstrates efficient use of water. This plan must be available for review and approval upon request by Utilities at all reasonable times. Utilities may require periodic reporting to demonstrate optimal use of water.

   D.   The use of water in all public and private water features and ponds is prohibited except those using recirculating water.

   E.   No restaurant, hotel, cafe, cafeteria or other public place where food is sold, served or offered for sale, shall serve drinking water unless expressly requested by a patron.

   F.   Temporary water service permits shall be limited to approved uses established by Utilities and shall be subject to all applicable laws, ordinances, codes, rules and regulations related to temporary water service. Utilities will maintain a list of the then current approved uses.

   G.   Plants for commercial sale may be watered under a best water management practices plan in lieu of compliance with restrictions contained in subsections A and B of this section. The commercial user must develop, maintain on site and comply with a best water management practices plan that demonstrates optimal use of water. This plan must be available for review and approval upon request by Utilities at all reasonable times. Utilities may require periodic reporting to demonstrate optimal use of water.

   H.   Any commercial user operating a golf course may irrigate under a best water management practices plan in lieu of compliance with restrictions contained in subsections A and B of this section, and subsection 12.4.131 A and 12.4.1311 B of this part. The commercial user must develop, maintain on site and comply with a best water management practices plan that demonstrates efficient use of water. This plan must be available for review and approval upon request by Utilities at all reasonable times. Utilities may require periodic reporting to demonstrate efficient use of water. (Ord. 02-59; Ord. 03-41; Ord. 03-85; Ord. 05-46; Ord. 05-49; Ord. 13-10; Ord. 14-23; Ord. 19-99)

12.4.1308: STAGE III SHORTAGE (SEVERE):

A Stage III shortage may be declared when the Chief Executive Officer determines that the analysis required by subsection 12.4.1305 B1 of this part or the existence of an emergency shortage indicate that the Stage II response is insufficient to reduce demands to a level in proportion to the severity of the shortage. In addition to the Stage II restrictions and water conservation measures set forth above, the following restrictions on the use of water by water customers shall be in effect and required during a Stage III shortage, except that in the event of a conflict the following restrictions shall prevail:

   A.   Irrigation of turf grass and all other plant material other than trees and shrubs is prohibited. Existing trees and shrubs may be watered one day per week by means of a handheld hose equipped with an active positive shutoff nozzle or low volume drip irrigation on assigned day as follows: 1) residential users with even numbered addresses may only irrigate on Sunday; 2) residential users with odd numbered addresses may only irrigate on Saturday; and 3) commercial users may only irrigate on Monday.

   B.   A water customer that owns or operates a high use sports field may apply for an exemption from the turf grass irrigation prohibition. The Chief Executive Officer or designee may approve the use of a water allocation plan for high use sports fields which will establish a maximum allowable amount of water, within which the irrigators will be permitted flexibility to choose how to irrigate without exceeding the allocation. In addition to the penalties described in section 12.4.1315 of this part, violation of any term or condition of an exemption may result in immediate rescission of the exemption.

   C.   Indoor industrial and commercial water use shall be reduced by an amount, to be determined by Utilities, in relationship to the severity of the shortage.

   D.   The use of water for cooling or air conditioning spaces for the purpose of personal comfort shall be restricted to that amount of water necessary to maintain a minimum air temperature of seventy eight degrees Fahrenheit (78°F), and all thermostats controlling the use of water for cooling within a building or structure shall be set at seventy eight degrees Fahrenheit (78°F) or higher.

   E.   Any commercial water park must operate under a best water management practices plan. Each such user must develop, maintain on site and comply with a best water management practices plan that demonstrates efficient use of water. This plan must be available for review and approval upon request by Utilities at all reasonable times. Utilities may require periodic reporting to demonstrate efficient use of water.

   F.   Washing of motor vehicles, trailers, boats and other types of equipment shall be prohibited, except that washing may be done by a certified commercial car wash which treats and recycles wash water.

   G.   Vehicles contained in commercial operation or fleets may be washed no more than once per month, unless public safety requires more frequent washing. Fleet vehicles may only be washed at a commercial car wash which treats and recycles wash water.

   H.   The use of water in all public and private water features shall be prohibited.

   I.   Filling or refilling any pond shall be prohibited.

   J.   Power washing shall only be used for protection of public health, safety or welfare. (Ord. 02-59; Ord. 03-41; Ord. 13-10; Ord. 19-99)

12.4.1309: STAGE IV SHORTAGE (CRITICAL):

A Stage IV shortage may be declared when the Chief Executive Officer determines that the analysis required by subsection 12.4.1305 B1 of this part or the existence of an emergency shortage indicate that the Stage III response is insufficient to reduce demands to a level in proportion to the severity of the shortage. In addition to the Stage II and Stage III restrictions and water conservation measures set forth above, the following restrictions on the use of water by water customers shall be in effect and required during a Stage IV shortage, except that in the event of a conflict the following restrictions shall prevail:

   A.   All outside use of water is prohibited except that existing trees and shrubs may be watered one day per month by means of a handheld hose equipped with an active positive shutoff nozzle or low volume drip irrigation on designated days as follows: 1) residential users with even numbered addresses may only irrigate on the second Sunday of the month; 2) residential users with odd numbered addresses may only irrigate on the second Saturday of the month; and 3) commercial users may only irrigate on the second Monday of the month.

   B.   No new or additional connections to the water system will be allowed.

   C.   Indoor industrial and commercial water use shall be reduced by an amount, to be determined by Utilities, in relationship to the severity of the shortage, which amount shall not exceed twenty percent (20%). (Ord. 13-10; Ord. 19-99)

12.4.1310: DURATION OF WATER USE RESTRICTIONS:

Utilities will regularly evaluate the estimated supplies of water available to the water system to determine whether it is necessary to continue the water use restrictions of a declared stage or level. Stages and levels may be declared in accord with sections 12.4.1305 , 12.4.1306 , 12.4.1307 , 12.4.1308 and 12.4.1309 of this part and, if water supply conditions warrant, the Chief Executive Officer may either downgrade or withdraw a declaration of a Stage I, Stage II, Stage III or Stage IV shortage, subject to City Council approval by resolution at the next regular City Council meeting occurring at least twenty (20) days after the date of the Chief Executive Officer’s downgrade or withdrawal. If a declared shortage has not previously been withdrawn by the Chief Executive Officer or City Council, it shall automatically be withdrawn on December 31 of the year in which it was declared. (Ord. 02-59; Ord. 03-41; Ord. 13-10; Ord. 14-23; Ord. 19-99)

12.4.1311 : EXCEPTIONS:

   A.   Water customers may use water essential to protect the general public health, safety or welfare.

   B.   Water Allocation Plans:

      1.   Utilities may work with residential and commercial water customers who request relief from the applicable provisions of sections 12.4.1304 , 12.4.1306 and 12.4.1307 by approving a water allocation plan. A water allocation plan will define site-specific volumetric limits of water to be used for irrigation not to exceed the declared stage or outdoor landscape watering limit. A water allocation plan shall achieve water savings goals while giving customers the flexibility they need in how and when they water. Utilities may conduct or require periodic reporting to demonstrate adherence to the approved plan. Water allocation plans for irrigation shall not be allowed during a Stage III or Stage IV shortage, except as permitted by section 12.4.1308 B.

      2.   No water allocation plan shall be approved unless the water customer works with Utilities to affirm that: 1) proposed water use meets Utilities' irrigation allocation criteria; or 2) the water customer has a critical need. Any water customer with an approved water allocation plan shall post a notice of the existence of the plan on the premises so as to be visible from a public street at all times during the term of the plan. A copy of the posted notice will be provided by Utilities. Utilities may withdraw or amend approved water allocation plans upon the movement to a different declared stage or outdoor landscape watering level.

      3.   In the event a water customer violates any condition of a water allocation plan approved under this section, the approval granted under this section may be withdrawn, and Utilities shall add a charge to the water customer's bill equal to one hundred dollars ($100.00) for a residential user and five hundred dollars ($500.00) for a commercial user.

   C.   Best Water Management Practices Plans:

      1.   Utilities shall work with commercial golf course, car wash, and water park customers who request relief from applicable provisions in sections 12.4.1307 , 12.4.1308 and 12.4.1309 by determining a best water management practices plan. This plan will define industry-specific best water management practices. Utilities may conduct or require periodic reporting to demonstrate adherence to the approved plan. Utilities may withdraw or amend approved Plans upon the movement to a different declared stage.

      2.   No best water management practices plan shall be approved unless the water customer works with Utilities to affirm that the proposed water use practices achieve industry best practice standards. Any water customer with an approved best water management practices plan shall post a notice of the existence of the plan on the premises so as to be visible from a public street at all times during the term of the plan. A copy of the posted notice will be provided by Utilities.

      3.   In the event a water customer violates any condition of a best water management practices plan approved under this section, the approval granted under this section may be withdrawn, and Utilities shall add a charge to the water customer's bill equal to five hundred dollars ($500.00).

   D.   A water customer installing landscape material may obtain an establishment permit for the purpose of irrigating the installed landscape material at times other than as set forth in section 12.4.1304 of this part. Applications for establishment permits shall be submitted to Utilities on a form supplied by Utilities, and shall meet all permit requirements. Applications may be accompanied by a permit fee of up to fifty dollars ($50.00). The applicant shall comply with the conditions of the establishment permit. The establishment permit shall be displayed on the premises so as to be visible from a public street at all times during the term of the establishment permit. In the event a water customer violates any of the requirements set forth in this section the establishment permit will be revoked. Establishment permits shall not be allowed during a Stage III or Stage IV shortage.

   E.   Irrigation systems may be operated at any time for cleaning and maintenance purposes, but this limited operation shall not exceed ten (10) minutes per zone per week. On a residential user's premises, an attendant must be on site and visible throughout the entire maintenance operation. On a commercial user's premises, an attendant must be on site and a sign indicating maintenance is being performed must be posted and visible from a public street throughout the entire maintenance operation. (Ord. 02-59; Ord. 03-41; Ord. 03-85; Ord. 13-10; Ord. 19-99)

12.4.1312: SPECIAL CONTRACT SERVICE:

All contracts for water service entered into pursuant to section 12.4.304 of this article shall expressly provide that any use of water provided from Utilities' water supplies pursuant to such a contract is subject to the restrictions set forth in this part. (Ord. 13-10; Ord. 14-23; Ord. 19-99)

12.4.1313: ACCESS TO PREMISES:

Whenever necessary for the purposes of investigating any alleged violation of this part, Utilities shall have the power, upon the presentation of proper credentials, to enter and inspect at any reasonable time and in any reasonable manner the exterior of a water customer's premises.

If entry to or inspection of the premises is denied or not promptly permitted, Utilities is authorized to make application to any Judge of the Municipal Court of the City for the issuance of an inspection warrant. The application shall identify the premises upon which entry is sought and the purpose for which entry is desired, shall state the facts giving rise to the belief that a condition which is dangerous to the public health, safety or welfare exists at the premises and shall otherwise conform to the requirements of CMCR 241 and chapter 11 of this Code. Any warrant issued pursuant to the application shall command the owner or occupant to permit entry by Utilities for the purpose stated. (Ord. 02-59; Ord. 03-41; Ord. 04-178; Ord. 13-10; Ord. 19-99)