O 540
ORDINANCE NO. 540
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE REPEALING SECTIONS 13.04.130 AND 13.04.170 OF
CHAPTER 13.04 OF TITLE 13 OF THE ARROYO GRANDE
MUNICIPAL CODE AND ADDING CHAPTER 13.05 REGARDING
WATER CONSERVATION
WHEREAS, to update the subject code section to comply with California Water Code
Section 10632; and
WHEREAS, to allow for the enforcement of varying water conservation measures as
deemed necessary by the level of the City's water supply condition.
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF ARROYO GRANDE
DOES ORDAIN AS FOllOWS:
SECTION 1: Sections 13.04.130 and 13.04.170 of the Arroyo Grande Municipal Code
are hereby repealed in their entirety and Chapter 13.05 is hereby added, all as shown in
Exhibit A attached hereto and incorporated by this reference as though set forth in full.
SECTION 2: If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance or any part thereof is for any reason held to be unlawful, such
decision shall not affect the validity of the remaining portion of this Ordinance or any
part thereof. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of
the fact that anyone or more section, subsection, subdivision, paragraph, sentence,
clause or phrase be declared unlawful.
SECTION 3: A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the Director of
Administrative Services/Deputy City Clerk. Within fifteen (15) days after adoption of the
Ordinance, the summary with the names of those City Council members voting for and
against the Ordinance shall be published again, and the Director of Administrative
Services/Deputy City Clerk shall post a certified copy of the full text of such adopted
Ordinance. This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
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ORDINANCE NO. 540
PAGE TWO
On motion of Council Member Costello, seconded by Council Member Lubin, and on the
following roll call vote, to wit;
AYES: Council Members Costello, lubin, Runels, and Mayor Ferrara
NOES: None
ABSENT: Council Member Dickens
the foregoing Ordinance was passed and adopted this 27th day of May, 2003.
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ORDINANCE NO. 540
PAGE THREE
ATTEST:
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KELLY W TM RE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
S~N~ CITY MANAGER
APPROVED AS TO FORM:
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Exhibit A
Chapter 13.05 is added to the Arroyo Grande Municipal Code to read as follows:
13.05 WATER CONSERVATION
13.05.010 Water supply conditions.
A. The city council shall from time to time adopt resolutions declaring
the level of the city water supply condition, which in turn will
determine the water conservation measures in effect at any particular
time within the city. The four levels of water supply conditions are:
1. Normal water supply condition - defined as consuming 0-90
percent of the annually available water supply;
2. Moderately restricted water supply condition - defined as
consuming 90-95 percent of the annually available water supply;
3. Severely restricted water supply condition - defined as consuming
95-99 percent of the annually available water supply; and
4. Critical water supply condition - defined as consuming 100 percent
of the annually available water supply.
B. Upon adoption of the required resolution, the restrictions and
measures identified in this chapter shall take effect immediately.
C. The city council may from time to time adopt resolutions designed
to implement the provisions of this chapter.
13.05.020 Normal water supply conditions.
During normal water supply conditions the following restrictions and
measures shall be in effect:
A. Outdoor water use for washing vehicles, boats, paved surfaces,
buildings and other similar uses shall be attended and have hand-
controlled water devices, typically including spring loaded shutoff
nozzles.
B. Outdoor irrigation resulting in excessive gutter runoff is prohibited.
13.05.030 Moderately restricted water supply conditions.
During moderately restricted water supply conditions the following
restrictions and measures shall be in effect:
A. Outdoor water use for washing vehicles, boats, buildings or other
similar uses shall be attended and have hand-controlled watering
devices, typically including spring-loaded shutoff nozzles.
B. Use of water which results in excessive gutter runoff is prohibited.
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C. No water shall be used for cleaning driveways, patios, parking
lots, sidewalks, streets, or other such uses except as found necessary
by the city to protect the public health or safety.
D. Outdoor Irrigation.
1. Outdoor irrigation is prohibited between the hours of ten a.m. and
four p.m.
2. Irrigation of private and public landscaping, turf areas and gardens
is permitted at even-numbered addresses only on Mondays and
Thursdays and at odd-numbered addresses only on Tuesdays and
Fridays. No irrigation of private and public landscaping, turf areas and
gardens is permitted on Wednesdays. Irrigation is permitted at all
addresses on Saturdays and Sundays however, in all cases
customers are directed to use no more water than necessary to
maintain landscaping.
E. Use of potable water for compaction or dust control purposes in
construction activities is prohibited.
13.05.040 Severely restricted water supply conditions.
During severely restricted water supply conditions the following
restrictions and measures shall be in effect:
A. Use of water which results in excessive gutter runoff is prohibited.
B. Outdoor Water Use - Except Irrigation.
1. No water shall be used for cleaning driveways, patios, parking lots,
sidewalks, streets or other such use except where necessary to
protect the public health and safety;
2. Outdoor water use for washing vehicles shall be attended and have
hand-controlled watering devices, typically including spring-loaded
shutoff nozzles.
C. Outdoor Irrigation.
1. Outdoor irrigation is prohibited between the hours of ten a.m. and
four p.m.
2. Irrigation of private and public landscaping, turf areas and gardens
is permitted at even-numbered addresses only on Mondays and
Thursdays and at odd-numbered addresses only on Tuesdays and
Fridays. No irrigation of private and public landscaping, turf areas and
gardens is permitted on Wednesdays. Irrigation is permitted at all
addresses on Saturdays and Sundays however, in all cases
customers are directed to use no more water than necessary to
maintain landscaping.
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D. Emptying and refilling swimming pools and commercial spas is
prohibited except to prevent structural damage and/or to provide for
the public health and safety.
E. Use of potable water for compaction or dust control purposes in
construction activities is prohibited.
13.05.050 Critical water supply conditions.
In addition to the conditions specified in Section 13.05.040, the
following restrictions and measures shall be in effect during critical
water supply conditions:
A. Outdoor irrigation of private or public landscaping, turf areas and
gardens is prohibited.
B. Outdoor water use for washing vehicles is prohibited except at a
public car wash facility.
The city council may also impose any water-rationing requirements as
it deems appropriate to protect public health, safety, welfare, comfort
and convenience.
13.05.060 Penalties for noncompliance.
A. Violation of any provision of this chapter may result in termination
of water service until such violation is corrected, and until all
appropriate fees and penalties are paid in full and will be subject to
the following administration procedure:
1. Written notice to the alleged offender, including the furnishing of
informational material and advice where appropriate;
2. Recovery of all City staff costs, including overhead, for any second
or greater offense within anyone-year period;
3. Additional civil administrative penalties for any third or greater
offense within anyone year period;
4. The right to appeal first to the utility billing adjustment committee
and then to the city council.
13.05.070 Violation--Penalty.
In addition to, and completely separate from, the civil enforcement
provisions of the ordinance codified in this chapter, any person who
knowingly and willfully violates the provisions of this chapter shall be
guilty of a criminal misdemeanor as provided in the general penalty
provisions of this code. All previous attempts by the city to obtain
compliance by the defendant may be introduced as evidence of the
offender's knowledge and willfulness.
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OFFICIAL CERTIFICATION
I, KELLY WETMORE, Director of Administrative Services/Deputy City Clerk of
the City of Arroyo Grande, County of San Luis Obispo, State of California, do
hereby certify under penalty of perjury, that the attached is a true, full, and
correct copy of Ordinance No. 540 which was introduced at a regular meeting of
the City Council on May 13, 2003; and was passed and adopted at the regular
meeting of the City Council of the City of Arroyo Grande on the 27th day of May,
2003.
I further certify that said Ordinance No. 540 was duly published in summary in
accordance with the law and order of ,said City Council in The Five Cities Times
Press Recorder, a newspaper printed and published in said City, on 21 st day of
May, 2003, at least five days prior to the meeting at which it was proposed for
adoption; and a copy of the summary was posted on the City Hall Bulletin Board.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 30th
day of May, 2003.
.~/W-
E, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
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