(A) Drought levels. When the City Council by resolution determines that water supplies are limited and additional conservation measures are necessary to reduce water consumption, the Council may enact one of six drought water restriction levels A through F as set forth in this subsection, and restrictions under each section shall be enforced for such period of time as designated by the City Council or until lifted by them by separate resolution. The City Council at any time may prohibit all organized carwashes not conducted as part of a licensed car wash business, if it determines by resolution it is warranted to contribute to other enacted water restrictions intended to reduce water consumption.
Level A
When the City Council by resolution determines it is warranted that additional water restrictions are necessary to reduce water consumption by limited means, the following restrictions shall apply:
Outdoor application of water for irrigation and recreation uses shall be restricted to the hours of 12:00 a.m. to 10:00 a.m. and 7:00 p.m. to 12:00 a.m.
Level B
When the City Council by resolution determines it is warranted that additional water restrictions are necessary to reduce water consumption by moderate means, the following restrictions shall apply:
Outdoor application of water for irrigation and recreation uses shall be restricted to the hours of 12:00 a.m. to 10:00 a.m. and 7:00 p.m. to 12:00 a.m., and restricted to usage on Sunday, Wednesday and Friday for parcels with even numbered street addresses, and Tuesday, Thursday and Saturday for parcels with odd numbered street addresses.
Level C
When the City Council by resolution determines it is warranted that additional water restrictions are necessary to reduce water consumption by moderate means, the following restrictions shall apply:
Outdoor application of water for irrigation, recreation uses shall be restricted to the hours of 12:00 a.m. to 10:00 a.m. and 7:00 p.m. to 12:00 a.m., and restricted to usage on Sunday and Wednesday for parcels with even numbered street addresses and Saturday and Tuesday for parcels with odd numbered street addresses.
Level D
When the City Council by resolution determines it is warranted that additional water restrictions are necessary to reduce water consumption by significant means, the following restrictions shall apply:
Outdoor application of water for irrigation and recreation uses shall be restricted to the hours of 12:00 a.m. to 10:00 a.m. and 7:00 p.m. to 12:00 a.m., and restricted to usage on Sunday for parcels with even numbered street addresses and Saturday for parcels with odd numbered street addresses.
Level E
When the City Council by resolution determines it is warranted that additional water restrictions are necessary to reduce water consumption by aggressive means, the following restrictions shall apply:
Outdoor application of water for irrigation of plants shall be limited drip system designed to only irrigate trees and bushes to minimally maintain their viability. The application of water shall be restricted to the hours of 12:00 a.m. to 10:00 a.m. and 7:00 p.m. to 12:00 a.m., and restricted to usage on Sunday for parcels with even numbered street addresses and Saturday for parcels with odd numbered street addresses.
Level F
When the City Council by resolution determines it is warranted that additional water restrictions are necessary to reduce water consumption by extreme means, the following restrictions shall apply:
All outdoor application of water for irrigation of plants other than edible crops for personal consumption shall be eliminated.
(B) Exception. The city in enforcing the above provisions may use reasonable discretion in its interpretation in order to affect the water conservation purpose and reasonableness in application of the restrictions. Exception to these provisions may be granted by the Public Works Department when a written application for an exception is filed with the Public Works Department and the Department makes written determinations that compliance with these regulations in a particular circumstance causes a severe hardship that is unique and not common to other water customers, and would be significantly injurious to public health, safety, public economic welfare, or would by its implementation precludes the reasonable ability to enjoy the functionality of the premises. The burden of proof that enforcement of the provisions would cause severe hardships upon the applicants, and demonstration that a situation is unique and significantly injurious to the public interests is upon the applicant. Issues of convenience for economic efficiencies shall not constitute cause for exceptions hereunder. The Department in granting the exceptions may make such conditions as it deems necessary to maximize water conservation. Examples include but are not limited to; allowing a playfield to be watered on days when it is not normally used, preserving significant wildlife habitat, and accommodations for special public events, etc.
(C) Food for personal consumption. Watering of plants by drip irrigation that is grown as food for personal consumption (not for medicinal use) shall always be allowed to be watered on any day of the week except between the hours of 10:00 a.m. to 7:00 p.m. The legislative intent of this subsection is to allow for significant food production gardens for household that utilize them as a major element of their personal food supply. It is not intended to alter landscaping plantings to edible selections. For the purposes of this subsection the referenced plants grown for person consumption must be in a concentrated area intended exclusively for growing food rather than serving an ornamental purpose. Such concentrated areas shall not be located within a front yard or street side yard. Edible plants and fruit trees located in front yards, and other ornamental landscape areas are subject to standard water restriction and are given no relief under this subsection.
(D) Household gray water. Up to 100 gallons per household per parcel per day of reused domestic water from showers, washing, etc. "Gray water" may be reutilized for outdoor watering, subject to applicable health and safety regulations.
(E) Importation of water. Except as permitted elsewhere in this section, no water which is obtained from a source other than the city's municipal water system may be used for outdoor watering.
(F) Imported recycled and gray water. Recycled or "gray" water imported from outside of the city may be used for outside watering with no restrictions other than applicable health and safety regulation.
(G) Penalties for violation of restrictions. Violation of the provisions of this section shall be an infraction, and fines shall be imposed pursuant to § 1-9.06(B) of the Madera Municipal Code.
(‘61 Code, § 5-5.13) (Ord. 262 N.S., passed - - ; Am. Ord. 395 C.S., passed 6-14-82; Am. Ord. 408 C.S., passed 5-18-83; Am. Ord. 522 C.S., passed 5-31-89; Am. Ord. 539 C.S., passed 1-17-90; Am. Ord. 563 C.S., passed 12-19-90; Am. Ord. 566 C.S., passed 3-4-91; Am. Ord. 568 C.S., passed 7-3-91; Am. Ord. 574 C.S., passed 2-5-92; Am. Ord. 914 C.S., passed 1-7-15; Am. Ord. 921U C.S., passed 5-20-15; Am. Ord. 922 C.S., passed 6-3-15; Am. Ord. 923U C.S., passed 7-1-15; Am. Ord. 925 C.S., passed 7-15-15; Am. Ord. 944 C.S., passed 8-2-17)