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SEC. 121.08. WATER CONSERVATION PHASES.
 
   A.   PHASE I – Prohibited Uses Applicable to All Customers.
 
   1.   No Customer of the Department shall use a water hose to wash any paved surfaces, including, but not limited to, sidewalks, walkways, driveways and parking areas, except to alleviate immediate safety or sanitation hazards. This section shall not apply to Department-approved water-conserving spray cleaning devices. Use of water-pressure devices for graffiti removal is exempt. A simple spray nozzle does not qualify as a water-conserving spray cleaning device.
 
   2.   No Customer of the Department shall use water to clean, fill or maintain levels in decorative fountains, ponds, lakes or similar structures used for aesthetic purposes unless such water is part of a recirculating system.
 
   3.   No restaurant, hotel, café, cafeteria, or other public place where food is sold, served or offered for-sale, shall serve drinking water to any person unless expressly requested.
 
   4.   No Customer of the Department shall permit water to leak from any pipe or fixture on the Customer’s premises. Failure or refusal to affect a timely repair of any leak of which the Customer knows or has reason to know shall subject said Customer to all penalties provided herein for a prohibited use of water.
 
   5.   No Customer of the Department shall wash a vehicle with a hose if the hose does not have a self- closing water shut-off or device attached to it, or otherwise allow a hose to run continuously while washing a vehicle.
 
   6.   No Customer of the Department shall irrigate during periods of rain and within 48 hours after a measurable rain event.
 
   7.   No Customer of the Department shall water or irrigate lawn, landscape or other vegetated areas between the hours of 9:00 a.m. and 4:00 p.m. During these hours, public and private golf course greens and tees and professional Sports Fields may be irrigated in order to maintain play areas and accommodate event schedules. Supervised testing or repairing of irrigation systems is allowed anytime with proper signage.
 
   8.   All irrigating of landscape with potable water using spray head sprinklers and bubblers shall be limited to no more than ten (10) minutes per watering day per station. All irrigating of landscape with potable water using standard rotors and multi-stream rotary heads shall be limited to no more than fifteen (15) minutes per cycle and up to two (2) cycles per watering day per station. Exempt from these landscape irrigation restrictions are irrigation systems using very low-flow drip-type irrigation when no emitter produces more than four (4) gallons of water per hour and micro-sprinklers using less than fourteen (14) gallons per hour.
 
   9.   No Customer of the Department shall use water in a manner that causes or allows excess or continuous water flow or runoff onto an adjoining sidewalk, driveway, street, gutter or ditch.
 
   10.   No installation of single pass cooling systems shall be permitted in buildings requesting new water service.
 
   11.   No installation of non-recirculating systems shall be permitted in new conveyor car wash and new commercial laundry systems.
 
   12.   Operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. The hotel or motel shall prominently display notice of this option in each bathroom using clear and easily understood language. The Department shall make suitable displays available.
 
   13.   No Large Landscape Areas shall have irrigation systems without rain sensors that shut off the irrigation systems. Large Landscape Areas with approved weather-based irrigation controllers registered with the Department are in compliance with this requirement.
 
   B.   PHASE II.
 
   1.    Prohibited Uses Applicable to All Customers. Should Phase II be implemented, uses applicable to Phase I of this section shall continue to be applicable, except as specifically provided below.
 
   2.   Non-Watering Days. No landscape irrigation shall be permitted on any day other than Monday, Wednesday or Friday for odd-numbered street addresses, and Tuesday, Thursday or Sunday for even-numbered street addresses. Street addresses ending in ½ or any fraction shall conform to the permitted uses for the last whole number in the address. Watering times shall be limited to:
 
   (a)   Non-conserving nozzles (spray head sprinklers and bubblers) - no more than eight (8) minutes per watering day per station for a total of 24 minutes per week.
 
   (b)   Conserving nozzles (standard rotors and multi-stream rotary heads) - no more than fifteen (15) minutes per cycle and up to two (2) cycles per watering day per station for a total of 90 minutes per week.
 
(With the above watering times, water consumption used for both types of nozzles is essentially equal.)
 
   3.   Upon written Notice to the Department, irrigation of Sports Fields may deviate from the non- watering days to maintain play areas and accommodate event schedules; however, to be eligible for this means of compliance, a Customer must reduce their overall monthly water use by the Department’s Board of Water and Power Commissioners (Board)-adopted degree of shortage plus an additional five percent from the Customer Baseline Water Usage within 30 days.
 
   4.   Upon written Notice to the Department, Large Landscape Areas may deviate from the non- watering days by meeting the following requirements: 1) must have approved weather-based irrigation controllers registered with the Department (eligible weather-based irrigation controllers are those approved by the Metropolitan Water District of Southern California or the Irrigation Association Smart Water Application Technologies [SWAT] initiative); 2) must reduce overall monthly water use by the Department’s Board-adopted degree of shortage plus an additional five percent from the Customer Baseline Water Usage within 30 days; and 3) must use recycled water if it is available from the Department.
 
   5.   These provisions do not apply to drip irrigation supplying water to a food source or to hand- held hose watering of vegetation, if the hose is equipped with a self-closing water shut-off device, which is allowed everyday during Phase II except between the hours of 9:00 am and 4:00 pm.
 
   C.   PHASE III.
 
   1.    Prohibited Uses Applicable to All Customers. Should Phase III be implemented, uses applicable to Phases I and II of this section shall continue to be applicable, except as specifically provided below.
 
   2.   Non-Watering Days. No landscape irrigation shall be permitted on any day other than Monday or Friday for odd-numbered street addresses, and Sunday or Thursday for even-numbered street addresses. Street addresses ending in ½ or any fraction shall conform to the permitted uses for the last whole number in the address. Watering times shall be limited to:
 
   (a)   Non-conserving nozzles (spray head sprinklers and bubblers) - no more than eight (8) minutes per watering day per station for a total of 16 minutes per week.
 
   (b)   Conserving nozzles (standard rotors and multi-stream rotary heads) - no more than fifteen (15) minutes per cycle and up to two (2) cycles per watering day per station for a total of 60 minutes per week.
 
(With the above watering times, water consumption used for both types of nozzles is essentially equal.)
 
   3.   Recommend use of pool covers to decrease water loss from evaporation.
 
   4.   Recommend washing of vehicles at commercial car wash facilities.
 
   5.   Upon written Notice to the Department, irrigation of Sports Fields may deviate from the non- watering days to maintain play areas and accommodate event schedules; however, to be eligible for this means of compliance, a Customer must reduce their overall monthly water use by the Department’s Board-adopted degree of shortage plus an additional five percent from the Customer Baseline Water Usage within 30 days.
 
   6.   Upon written Notice to the Department, Large Landscape Areas may deviate from the non- watering days by meeting the following requirements: 1) must have approved weather-based irrigation controllers registered with the Department (eligible weather-based irrigation controllers are those approved by the Metropolitan Water District of Southern California or the Irrigation Association Smart Water Application Technologies [SWAT] initiative); 2) must reduce overall monthly water use by the Department’s Board-adopted degree of shortage plus an additional five percent from the Customer Baseline Water Usage within 30 days; and 3) must use recycled water if it is available from the Department.
 
   7.   These provisions do not apply to drip irrigation supplying water to a food source or to hand- held hose watering of vegetation, if the hose is equipped with a self-closing water shut-off device, which is allowed every day during Phase III except between the hours of 9:00 am and 4:00 pm.
 
   D.   PHASE IV.
 
   1.   Prohibited Uses Applicable to All Customers. Should Phase IV be implemented, uses applicable to Phase I, II, and III of this Section shall continue to be applicable, except as specifically provided below.
 
   2.   Non-Watering Days. No landscape irrigation shall be permitted on any day other than Monday for odd-numbered street addresses and Tuesday for even-numbered street addresses. Street addresses ending in ½ or any fraction shall conform to the permitted uses for the last whole number in the address. Watering times shall be limited to:
 
   (a)   Non-conserving nozzles (spray head sprinklers and bubblers) - no more than eight (8) minutes per watering day per station for a total of 8 minutes per week.
 
   (b)   Conserving nozzles (standard rotors and multi-stream rotary heads) - no more than fifteen (15) minutes per cycle and up to two (2) cycles per watering day per station for a total of 30 minutes per week.
 
   3.   Mandate use of pool covers on all residential swimming pools when not in use.
 
   4.   No washing of vehicles allowed except at commercial car wash facilities.
 
   5.   No filling of decorative fountains, ponds, lakes, or similar structures used for aesthetic purposes, with potable water.
 
   6.   Upon written Notice to the Department, irrigation of Sports Fields may deviate from the specific non-watering days. To be eligible for this means of compliance, a Customer must reduce overall monthly water use by the Department’s Board-adopted degree of shortage plus an additional ten percent from the Customer Baseline Water Usage within 30 days.
 
   7.   Upon written Notice to the Department, Large Landscape Areas may deviate from the specific non-watering days by meeting the following requirements: 1) must have approved weather-based irrigation controllers registered with the Department (eligible weather-based irrigation controllers are those approved by the Metropolitan Water District of Southern California or the Irrigation Association Smart Water Application Technologies [SWAT] initiative); 2) must reduce overall monthly water use by the Department’s Board-adopted degree of shortage plus an additional ten percent from the Customer Baseline Water Usage within 30 days; and 3) must use recycled water if it is available from the Department.
 
   8.   These provisions do not apply to drip irrigation supplying water to a food source or to hand- held hose watering of vegetation, if the hose is equipped with a self-closing water shut-off device, which is allowed everyday during Phase IV except between the hours of 9:00 a.m. and 4:00 p.m.
 
   E.    PHASE V.
 
   1.   Prohibited Uses Applicable to All Customers. Should Phase V be implemented, uses applicable to Phases I, II, III and IV of this section shall continue to be applicable, except as specifically provided below.
 
   2.   Non-Watering Days. No landscape irrigation allowed.
 
   3.   No filling of residential swimming pools and spas with potable water.
 
   4.   Upon written notice to the Department, golf courses and professional Sports Fields may apply water to sensitive areas, such as greens and tees, during non- daylight hours and only to the extent necessary to maintain minimum levels of biological viability.
 
   F.   PHASE VI.
 
   1.   Prohibited Uses Applicable to All Customers. Phases I, II, III, IV and V of Section 121.08 shall continue to remain in effect.
 
   2.   Additional Prohibited Uses. The Board is hereby authorized to implement additional prohibited uses of water based on the water supply situation. Any additional prohibition shall be published at least once in a daily newspaper of general circulation and shall become effective immediately upon such publication and shall remain in effect until cancelled.
 
   3.   Penalty Authority. The Board is hereby authorized to establish appropriate penalties for this phase.
 
   G.   Exception. The prohibited uses of water provided for by Subsections A., B., C., D., E. and F. of this section are not applicable to the uses of water necessary for public health and safety, or for essential government services such as police, fire and other similar emergency services.
 
   H.   Variance. If, due to unique circumstances, a specific requirement of this Section would result in undue hardship to a Customer using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water uses, then the Customer may apply for a variance from the requirements. Unique circumstances include, but are not limited to, physical disabilities which prevent compliance with the Water Conservation Plan. The Department shall adopt procedures for variance applications, review and decision.