Ord 0080 06/1988ORDINANCE NO. 80
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF SAN MARCOS COUNTY WATER DISTRICT
ADOPTING WATER CONSERVATION MEASURES
WHEREAS, on May 16, 1988, the Board of Directors of
SAN MARCOS COUNTY WATER DISTRICT ("District") directed that a
public hearing be held on May 23, 1988, on the necessity for
and the adoption of a water Conservation Program; and
WHEREAS, such hearing was duly and regularly
convened at the Boardroom of the office of the District and at
said hearing all interested persons were given an opportunity
to be heard; and
WHEREAS, the Board of Directors of the District
find that by reason of a general water supply shortage,
inadequate San Diego County Water Authority distribution
facilities and the prospect of a major failure of the
facilities of the State Water Project, Metropolitan Water
District of Southern California, the San Diego County Water
Authority or the District, it is necessary to adopt and
enforce a water conservation program to reduce under certain
circumstances the quantities of water used by the people of
the District in order to conserve the limited water supply.
NOW, THEREFORE BE IT ORDAINED by the Board of Directors
of the San Marcos County Water District as follows:
SECTION 1: DECLARATION OF POLICY:
California Water Code § 31026 et seq., as amended,
authorizes the District to impose water conservation
measures and to restrict the use of water during a
threatened or existing water shortage. The Board of
Directors hereby establishes a comprehensive Water
Conservation Program pursuant to California Water Code §
31026 et seq., as amended, based upon a threatened
shortage.
SECTION 2 FINDINGS:
The Board of Directors finds and determines that a
threatened water shortage could exist based upon the
following facts:
(a) Water supply estimates of the State of
California indicate the possibility of a shortage
of water in times of below normal rainfall.
(b) The District is dependent upon water
distributed by the State Water Project,
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Metropolitan Water District and the San Diego County Water
Authority to provide water service to its customers. This is
the sole source of supply to the District. The San Diego
County Water Authority has notified the District that existing
water demand may require a significant reduction in water
presently being provided to the District.
(c) The District and the County of San Diego has
experienced days of peak demand which exceeded the
amount of water which will be available to the
District and the County from the San Diego County
Water Authority and Metropolitan Water District
during a threatened or existing water shortage.
(d) If water service through the State Water
Project system, Metropolitan Water District system,
or the San Diego County Water Authority system were
interrupted for any reason, the District would be
unable to continue supplying its customers without
adopting stringent water conservation measures.
SECTION 3: CALIFORNIA ENVIRONMENTAL QUALITY ACT
EXCEPTION:
The District finds that this Ordinance and actions taken
hereafter pursuant to this Ordinance are exempt from the
California Environmental Quality Act as specific actions
necessary to prevent or mitigate an emergency pursuant
to Public Resources Code § 21080(b)(4) and the
California Environmental Quality Act Guidelines §
15269(c). The General Manager of the District is hereby
authorized and directed to file a Notice of Exemption as
soon as possible following adoption of this Ordinance.
SECTION 4: APPLICATION:
The provisions of this Ordinance shall apply to all
persons, customers, and property served by the District
and for all types of water being provided by the
District.
SECTION 5: AUTHORIZATION:
Upon adoption of this Ordinance, the District's General
Manager, or his designated representative, is hereby
authorized and directed to implement the provisions of
this Ordinance based upon his determination that such
implementation is necessary to protect the public
health, safety, and welfare.
SECTION 6: WATER CONSERVATION STAGES:
During the period this Ordinance is effective, no
customer of the District shall knowingly make, cause,
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use, or permit the use of water supplied by the District for
residential, commercial, industrial, agricultural,
governmental, or any other purpose in a manner contrary to any
provision of this Ordinance, in an amount in excess of the
r- amounts authorized by this Ordinance or during any period of
time other than the periods of time specified in this
Ordinance.
(A) STAGE 1 - NORMAL SUPPLY LEVEL AVAILABLE:
Stage 1 applies during periods when a normal supply
and distribution capacity is available and the
District is able to meet all the water demands of
its customers in the immediate future. District
customers are asked to use water wisely and to
practice water conservation measures so that water
is not wasted. A customer should not let water
leave the property by draining onto adjacent
properties or public or private roadways. During
this period, the District request a voluntary
cutback of 10% of normal water consumption.
(B) STAGE 2 - MANDATORY COMPLIANCE - WATER ALERT:
Stage 2 is the probability that the District will
not be able to meet all of the demands of its
customers and applies when some part of the water
system including, but not limited to, State Water
Project, Metropolitan Water District, San Diego
County Water Authority or the District, has reached
maximum capacity. During this period, the District
requests a cutback of 20% of normal water
consumption. Upon implementation by the General
Manager or his designated representative, the
following restrictions shall apply to all persons:
(1) Irrigation of lawns, gardens, landscaped
areas, trees, shrubs, or other plants is
prohibited except three times a week on days
designated by the General Manager and only
during the hours of 6:00 p.m. to 6:00 a.m., on
these designated days. Irrigation of lawns,
gardens, landscaped areas, trees, shrubs, or
other plants is permitted at anytime if a drip
irrigation system is used or reclaimed
wastewater is used.
(2) Commercial nurseries and agricultural users as
defined in the Metropolitan Water District
Code are exempt from Stage 2 irrigation
restrictions but will be required to curtail
all non-essential water use.
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(3)
Irrigation of golf courses is prohibited
except between the hours of 6:00 p.m., and
6:00 a.m., three times a week. Irrigation of
golf courses using reclaimed wastewater shall
not be subject to this irrigation prohibition.
(4) Use of water from fire hydrants shall be
limited to fire fighting, water for
construction activities, and uses determined
to be necessary by a regulatory agency.
(C) STAGE 3 - MANDATORY COMPLIANCE - WATER WARNING:
Stage 3 occurs when the San Diego County Water
Authority requires a reduction in the amount of
water required by the District and the District is
not able to meet all the water demands of its
customers. Upon implementation by the General
Manager or his designated representative, the
following restrictions shall apply:
(1) Irrigation of lawns, gardens, landscaped
areas, trees, shrubs or other plants is
prohibited except twice a week on days
designated by the General Manager and only
during the hours of 6:00 p.m. to 10:00 p.m.,
on the designated days. This restriction
shall not apply to irrigation or drip systems
using reclaimed water.
(2) All agricultural water users shall water twice
a week on days designated by the General
Manager. Commercial nurseries shall be exempt
from Stage 3 restrictions.
(3)
The washing of automobiles, trucks, trailers,
boats, airplanes and all other types of mobile
equipment shall be prohibited except washing
which occurs at commercial car washes which
recycle their water.
The filling, refilling, or adding of water to
swimming pools, wading pools, or spas is
prohibited.
The watering of all golf course
prohibited except twice a week
designated by the General Manager
during the hours of 6:00 p.m. to
daily.
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areas is
on days
and only
6:00 a.m.
(6) The use of water from fire hydrants shall be
limited to fire fighting and uses determined
to be necessary by a regulatory agency. Use
of water from fire hydrants for construction
purposes shall be prohibited.
(7) Water shall not be used to wash down
sidewalks, driveways, or parking areas, except
where necessary to alleviate immediate fire or
sanitation hazards.
(8) Restaurants shall not serve water to customers
unless specifically requested.
(D) STAGE 4 - MANDATORY COMPLIANCE - WATER EMERGENCY:
Stage 4 occurs when a major failure of any supply
or distribution facility, whether temporary or
permanent, occurs in the water distribution system
of the State Water Project, Metropolitan Water
District, San Diego County Water Authority or to
District facilities. Upon implementation by the
District Manager or his designated representative,
the following restrictions shall apply:
(1) Irrigation of lawns, gardens, landscaped
areas, trees, shrubs, or other plants is
prohibited. This restriction shall not apply
to irrigation or drip systems using reclaimed
water.
(2) The use of water for irrigation of golf
courses is prohibited except where reclaimed
wastewater is used.
(3) The use of water for agricultural use is
prohibited except where reclaimed wastewater
is used. This restriction shall not apply to
irrigation and drip systems using reclaimed
water.
(4) The washing down of driveways, parking lots,
or other paved surfaces is prohibited, except
where necessary to alleviate immediate fire or
sanitation hazards.
(5)
Washing of cars, trucks or other mobile
vehicles or equipment shall be done only at
commercial establishments using recycled or
reclaimed water.
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(6) Restaurants shall not serve water to customers
unless specifically requested. If requested,
it shall be served in a disposable container.
(7) The filling, refilling or adding of water to
swimming pools, wading pools, or spas is
prohibited.
(8) The use of water from fire hydrants shall be
limted to fire fighting only. Water for
construction meters or one day permits shall
be prohibited.
(9) Agricultural customers and commercial
nurseries shall stop all irrigation and
watering. Watering of livestock shall be
permitted at any time.
SECTION 7: VIOLATION:
From and after the publication of this Ordinance one (1)
time in a newspaper of general circulation in the
District, the violation of this Ordinance shall
constitute as misdemeanor. Upon conviction, any such
person or entity shall be punished by imprisonment in a
county jail for not more than thirty days, or by a fine
not exceeding $600.00, or by both, in accordance with
Water Code § 31029, as amended. The violation of each
provision of this Ordinance, and each separate violation
of any provision of this Ordinance, shall be deemed a
separate offense and punishable in accordance with the
terms of this Ordinance. Compliance may be further
sought through injunctive relief in the Superior Court.
SECTION 8: TERMINATION OF SERVICE:
Any violation of this Ordinance shall constitute grounds
for termination of service in addition to criminal
penalties enumerated in Section 7 of this Ordinance.
The General Manager shall designate an employee or
employees authorized to enforce violations of this
Ordinance. Any customer violating this Ordinance the
first time shall receive a warning notice posted on the
cusdtomer's premises advising the customer of the
violation and advising the customer that a second
violation will result in termination of service. A copy
of this Ordinance shall be included with the warning
notice.
If a customer violates this Ordinance a second time
after receiving the warning notice, that customer's
water service shall be terminated WITHOUT FURTHER NOTICE
from the District. Once terminated, a customer's
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service shall not be reinstated except by action of the
Board of Directors of the District. The Board of
Directors may impose a fine of up to $300.00 for
reinstatement of service.
SECTION 9: SEVERABILITY:
If any section, subsection, sentence, clause, phrase,
part or portion of this Ordinance is for any reason held
to be invalid or unconstitutional by a valid judgment of
any Court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of
this Ordinance. It is hereby declared that this
Ordinance and each section, subsection, sentence,
phrase, part or portion thereof, would have been adopted
or passed irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases,
parts or portions be declared invalid or
unconstitutional.
SECTION 10: EFFECTIVE DATE AND REPEAL:
This Ordinance shall take effect immediately upon
adoption. Within ten (10) days after adoption, this
Ordinance shall be published one (1) time in a newspaper
of general circulation in the District. This Ordinance
shall remain in effect until repealed by the Board of
Directors of the District.
This ordinance shall be in effect immediately upon
adoption and shall be published in a newspaper of general
circulation within the District.
PASSED, APPROVED AND ADOPTED this 6th day of June, 1988,
by the following roll call vote:
AYES: Mahr, Newport, Rutherford, Ferguson
NOES: Mason
ABSENT:
ABSTAIN:
ATTEST:
AR `s E. ERGUSON, esident
Board -f Directors
San Marcos County Water District
William W. Rucker, Secretary
Board of Directors
San Marcos County Water District
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