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HomeMy WebLinkAbout1858 ORDINANCE NO. 1858 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.06 TO, AND AMENDING SECTIONS 14.24.020, 14.24.030, AND 14.24.060 OF, THE PALM SPRINGS MUNICIPAL CODE, REGARDING WATER CONSERVATION AND WATER WASTE PREVENTION. City Attorney Summary This Ordinance promotes water conservation and establishes regulations for water conservation and water waste, including penalties for violation. WHEREAS, On January 17, 2014, Governor's Proclamation No. 1-17-2014 was issued, declaring a State of Emergency to exist in California due to severe drought conditions, noting that the state is experiencing record dry conditions, with 2014 projected to become the driest year on record, and called on all Californians to reduce their water usage by 20 percent; WHEREAS, on January 25, 2014, the California Governor issued an executive order to strengthen the state's ability to manage water and habitat effectively in drought conditions and called on all Californians to redouble their efforts to conserve water. The executive order finds that the continuous severe drought conditions present urgent challenges across the state including water shortages in communities; WHEREAS, on July 15, 2014, the California State Water Resources Control Board adopted Resolution No. 2014-0038 adopting emergency regulations for statewide urban water conservation; and WHEREAS, water conservation is one of the easiest, most efficient and cost effective ways to quickly reduce water demand and extend water supplies. The City Council of the City of Palm Springs ordains: SECTION 1. Chapter 11.06 is added to the Palm Springs Municipal Code to read: Chapter 11.06 WATER CONSERVATION AND WATER WASTE PREVENTION 11.06.010 Findings. 11.06.020 Purpose and Intent. 11.06.030 Definitions. 11.06.040 Applicability. Ordinance No. 1858 Page 2 11.06.050 Water Conservation Requirements. 11.06.060 Exceptions. 11.06.070 Drought Alert Requirements. 11.06.080 Violations. Section: 11.06.010 Findings. (a) A reliable supply of potable water is essential to the public health, safety and welfare of the people and economy of the state of California, the southern California region and the City of Palm Springs. (b) The state of California, the Coachella Valley and the City of Palm Springs suffer from periodic water shortages. (c) An active water conservation program along with water waste prevention regulations applicable to all sources and uses of water is essential to ensure a reliable supply of water for drinking, sanitation and fire protection, and to protect the public health, safety and welfare. (d) A water conservation program and water waste prevention regulations are necessary to mitigate effects of water shortages in the City of Palm Springs by reducing water consumption by residents, businesses and visitors, while minimizing the hardship caused to the general public to the greatest extent possible. 11.06.020 Purpose and Intent. (a) The purposes of this Chapter are to increase the conservation of water and provide regulation for the efficient use of potable water, prevent the unreasonable use of water, and maximize the use of recycled water where practicable. (b) This Chapter is intended solely to further the conservation of water. It is not intended to implement or supersede any federal, state or local statute, ordinance or regulation relating to protection of water quality or control of drainage or runoff. (c) This Chapter does not modify, terminate or otherwise affect the water services, water rates, or sewer services of any person. 11.06.030 Definitions. The following words, terms and phrases when used in this Chapter have the meanings ascribed to them in this section except where the context clearly indicates a different meaning: Ordinance No. 1858 Page 3 "Person" means any natural person or persons, corporation, public or private entity, governmental agency or institution, or any other user of water within the City. "Positive action quick-release shutoff valve or nozzle" means a hand-held sprayer or similar device that quickly, automatically and absolutely stops the flow of water when the user stops exerting pressure. "Pressure washer" means a water conserving cleaning device that emits not more than three (3) gallons of water per minute. "Recycled water" or "recycling system" means the capture, reclamation and reuse of non-potable water for beneficial use. "Water broom" means a water conserving sweeping device with spray jets that emit not more than three (3) gallons of water per minute. "Water-efficient" means a water conserving fixture, device or system that complies with the water conservation standards of the most current edition of the California Plumbing Code or, if no standard applies, is EPA WaterSense labeled or its equivalent. In no case shall the fixture, device or system use more water than is indicated by the standard stated in this section. "Water recycling system" means a system that reclaims and reuses non-potable water. "Water waste" means the use of potable water not in compliance with Section 11.06.050 of this code. 11.06.040 Applicability. This Chapter is applicable to every person, commercial business, or other water user, in the use of any water, within the City. The City Council may by Resolution, exempt pilot programs or special programs of limited scope undertaken by the City or undertaken in conjunction with the City's water provider. 11.06.050 Water Conservation Requirements. Water waste is unlawful in the City of Palm Springs. The following water conservation requirements shall apply to all persons: (a) Watering hours and duration. No lawn or landscaped area shall be irrigated or watered by any means between the hours of 7:00 a.m. and 7:00 p.m. on any day. Above-ground spray irrigation or watering shall not exceed fifteen (15) minutes per irrigation station or area. This subsection shall not apply to: Ordinance No. 1858 Page 4 1. Drip irrigation systems. 2. Use of a hand-held bucket or similar container. 3. Use of a hand-held hose equipped with a positive action quick-release shutoff value or nozzle. 4. Irrigation necessary to establish newly planted low water usage plants. 5. Water expended for limited periods of time necessary for irrigation system maintenance or leak repair. 6. Irrigation necessary to establish annual reseeding of seasonal grass and planting seasonal color for a maximum period of fourteen (14) days after the reseeding or the newly planted seasonal color. (b) Over-watering. No lawn or landscaped area shall be irrigated or watered to the point where excess water ponds, sprays or runs off the lawn or landscaped area onto any walkways, sidewalks, driveways, streets, alleys, storm drains, adjacent property or non-irrigated property. (c) Irrigation during rainfall. No lawn or landscaped area shall be irrigated or watered during rainfall. (d) Landscape irrigation system maintenance. Landscape irrigation systems shall be maintained to ensure water efficiency and shall be regularly inspected, maintained and repaired to eliminate leaks and remove obstructions to water emission devices. System maintenance shall include, but is not limited to, resetting the landscape clock monthly. (e) Water fountains and decorative water features. No person shall operate a fountain or other decorative water feature that does not recycle or recirculate the water utilized by the device. Permits must be obtained for the drainage of water fountain and decorative water features pursuant to Section 14.24.060 of this Code. (f) Cleaning. No person shall use water to wash or clean any sidewalks, walkways, patios, driveways, alleys, parking or similar areas, whether paved or unpaved; however, use of water brooms, or pressure washers or similar low flow technology, recycled water, or water recycling systems to clean these surfaces, is permitted. (g) Car Washing. No person shall use water to wash or clean any motorized or un- motorized vehicle, including but not limited to truck, boat, van, bus, motorcycle, trailer or similar vehicle except by use of a bucket or similar container or hand held hose equipped with a positive action quick-release shutoff valve or nozzle. This subsection shall not apply to any commercial car washing facility that uses a water recycling system to capture or reuse water. Ordinance No. 1858 Page 5 (h) Eating and drinking establishments shall only provide drinking water to customers upon request. (i) Hotels and motels shall provide customers the option of choosing not to have towels and linens laundered daily and shall prominently display this option in each bathroom and sleeping room using clear and easily understood language. Q) Water and leaks. No person shall: 1. Cause, permit or allow water to leak from any exterior or interior pipe, hose or plumbing fixture. 2. Cause, permit or allow water to flow from any source, without first being put to productive use, on private or public property onto walkways, sidewalks, streets, alleys or storm drains, except as a result of rainfall or pumping excessive groundwater infiltration, such as by means of a sump pump. For the purposes of this Subsection productive use shall mean, the use of potable water for cleaning or irrigation in a manner to prevent runoff, over sprays or other similar conditions onto an area not intended for cleaning or irrigation. (k) Pools and spas. Permits must be obtained for the drainage of pools and spas pursuant to Section 14.24.060 of this Code. Pools and spas shall be drained into the public sewer system. It is unlawful to drain a pool or spa directly or indirectly into the storm drainage system or public streets, roadways or gutters. This subsection shall not apply if the property is not connected to the public sewer system. Pools and spas may be drained into the storm drain system if the property is not connected to the public sewer system with a valid permit issued pursuant to Section 14.24.060 of this Code. 11.06.060 Exceptions. The Water Conservation Requirements contained in Section 11.06.050 are not applicable as follows: 1. For uses of water that are necessary to protect public health and safety or for essential governmental services when such uses of water cannot be reduced. 2. Water used to comply with California Air Quality Management District dust control regulations and requirements. 11.06.070 Drought Alert Requirements. (a) The requirements of this Chapter are in addition to, and not in lieu of, the Desert Water Agency Water Supply Plan for Emergency Supply Shortage, adopted by Ordinance No. 45 of the Board of Directors of the Desert Water Agency, as may be amended. Ordinance No. 1858 Page 6 (b) The requirements of this Chapter are in addition to, and not in lieu of, any Federal or state Water Supply Plan or Regulation for Emergency Supply Shortage. 11.06.080 Violations. (a) Any violation of this Chapter is a public nuisance, and may be subject to the provisions of Chapter 11.72 of this code. (b) Any person who violates any provision of this Chapter is guilty of a misdemeanor for each day in which such violation continues. Violations are punishable pursuant to Sections 1.01.140 and 1.01.150 and the administrative citation provisions of Chapter 1.06 of this code. (c) The remedies provided for in this Section are in addition to, and not in lieu of, all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this code or other public nuisance. SECTION 2. Section 14.24.020 of the Palm Springs Municipal Code is amended to read: Except as expressly permitted by Chapter 11.06, Sections 14.24.030 and 14.24.060, no person shall use water upon any sidewalk, driveway, courtyard, service yard, parkway, lawn or any private premises within the City for any purposes, in such a manner that water is allowed to run into and accumulate in, or flow away in, the public streets, roadways or gutters. SECTION 3. Section 14.24.030 of the Palm Springs Municipal Code is amended to read: Between the hours of 5 a.m. and 9 a.m., water may be used to cleanse paved surfaces of public and private premises, using an approved device pursuant to Section 11.06.050(f) of this Code; provided it is used only in such quantity and with such pressure necessary to remove dirt or foreign matter from the paved surfaces; and provided that no grease, oil or other petroleum products are washed into the public streets, roadways or gutters. SECTION 4. Section 14.24.060 of the Palm Springs Municipal Code is amended to read: No person shall drain or permit to be drained, to a public sewer system any swimming pool, spa, fountain, or decorative water feature owned or controlled by such person, unless and until a permit to do so has been obtained from the Building Official. Such permits shall be issued upon appropriate application therefor, accompanied by such fee as may have been prescribed by resolution of the City Council, and upon the Building Official determining that the time and place when and where such swimming Ordinance No. 1858 Page 7 pool, spa, fountain, or decorative water feature draining will be allowed will not be detrimental to the public interest or welfare, will not result in any undue hazard or inconvenience to the public, and will not result in any damage to public or private property. For the purposes of this Section, fountain or decorative water feature, means a fountain or water feature in excess of 1,000 cubic feet of water. SECTION 5. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 17TH DAY OF SEPTEMBER, 2014. - e4 STEPHEN P. POUGNET, MAYOR ATTEST: MES THOMPSON, CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1858 is a full, true, and correct copy, and introduced by the City Council at a regular meeting held September 3, 2014, and adopted at a regular meeting of the City Council held on this September 17, 2014, by the following vote: AYES: Councilmember Foat, Councilmember Lewin, Councilmember Mills, Mayor Pro Tenn Hutcheson and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. ES THOMPSON, CITY CLERK ity of Palm Springs, California val., ►,&4