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CC Ordinance 2190ORDINANCE NO. 2190 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING CHAPTER 8.34 OF THE CAMPBELL MUNICIPAL CODE ENTITLED POTABLE WATER USE RESTRICTIONS AND SECTION 6.10.020 OF THE CAMPBELL MUNICIPAL CODE The City Council of the City of Campbell does hereby ordain as follows: SECTION ONE: Section 8.34.020 of Chapter 8.34 of the Campbell Municipal Code be amended to read as follows: 8.34.020 -Permanent Potable water use restrictions. It shall be unlawful to make any of the following uses of potable water: A. Water waste by flooding or runoff on sidewalks, streets, gutters or other paved areas; B. Cleaning of sidewalks, driveways, patios, parking lots, or other paved or hard- surfaced areas in a manner which results in excessive run-off or waste; C. Use of water through a hose for washing cars, buses, boats, trailers, or other vehicles without a positive automatic shutoff valve on the outlet end of the hose. Exceptions include washing vehicles at commercial or fleet vehicle washing facilities operated at fixed locations where equipment using water is properly maintained to avoid wasteful use. SECTION TWO: Section 8.34.022 is hereby added to Chapter 8.34 of the Campbell Municipal Code to read as follows: 8.34.022 -Drought Measures. A. Drought Stages. 'For purposes of this Chapter, drought conditions shall be categorized as follows: 1. Stage 1. A Stage 1 drought is characterized by a water use reduction goal of ten to fifteen (10-15) percent; 2. Stage 2. A Stage 2 drought is characterized by a water use reduction goal of fifteen to twenty five (15-25) percent; 3. Stage 3. A Stage 3 drought is characterized by a water use reduction goal of twenty five to forty (25-40) percent; 4. Stage 4. A Stage 4 drought is characterized by a water use reduction goal of forty (40) percent or greater; B. Declaration of Drought. When the City Council finds that one of the four stages of drought affects the City, the City Council may adopt a resolution declaring the existence of the drought, and the applicable stage of the drought. C. Drought Restrictions. When the City Council adopts a resolution declaring the existence of a drought the following provisions shall immediately apply in addition to the permanent restrictions set forth in section 8.32.020: Stage 1 -Conservation. During Stage 1 -Conservation, the following mandatory conservation measures must be followed: a. No watering between 10:00 a.m. and 8:00 p.m.; and irrigation cannot exceed fifteen minutes in any landscape zone on any parcel, unless the zone is exclusively using drip irrigation, low precipitation sprinkler heads that apply water at or less than 1.0 inches per hour, a hose with a positive shutoff device, or hand held bucket or similar container; b. Customers must fix leaks, broken irrigation systems, or broken fixtures within 5 business days if notified to do so by San Jose Water Company. c. Operation of decorative fountains, or the filling or topping off of decorative lakes or ponds is prohibited, except for maintenance purposes or fountains, lakes, or ponds which utilize recycled (recirculated) water; d. Restaurant water service is prohibited except upon request; e. Hotels and motels must provide guests with the option of not having towels and linens laundered daily and promptly display notice of this option; and f. No irrigation shall occur for forty-eight hours after measurable rainfall of one- quarter of an inch or more; Stage 2 -Water Reduction Needed. During Stage 2 -Water Reduction Needed, the following mandatory conservation measures must be followed in addition to the measures required for Stage 1: a. Use of potable water for construction purposes, including washing streets, backfill, and dust control is prohibited, unless no other source of water or other method can be used; b. Watering or irrigating of lawns, landscape or other vegetated area with potable water is limited to three days per week. Irrigation will be allowed Monday, Wednesday, and Friday for odd numbered and numberless addresses and will be allowed on Tuesday, Thursday and Saturday for even numbered addresses.; and c. Customers must fix leaks, broken irrigation systems, or broken fixtures within 3 days (72 hours) if notified to do so by San Jose Water Company; In the event of a conflict between the restrictions of Stage 1 and Stage 2, the most restrictive measures shall apply; Stage 3 -Critical Water Reduction. During Stage 3 -Critical Water Reduction, the following mandatory conservation measures must be followed in addition to the measures required for Stage 1 and Stage 2: a. Watering or irrigating of lawns, landscape or other vegetated area with potable water is limited to two days per week. Irrigation will be allowed on: Monday and Thursday for odd numbered and numberless addresses and on Tuesday and Friday for even numbered addresses; b. Use of water for the filling or refilling of swimming pools is prohibited, except for topping off pools up to one (1) foot from the top of the pool. Leaking pools that need repair are exempt from this paragraph; c. Customers must fix leaks, broken irrigation systems, or broken fixtures within 2 days (48 hours) if notified to do so by San Jose Water Company. d. Customers shall not use potable water for the filling or re-filling of decorative fountains, ornamental lakes or ponds except to the extent needed to sustain aquatic life, provided that such animals are of significant value. In the event of a conflict between the restrictions of Stage 1, Stage 2 or Stage 3, the most restrictive measures shall apply; Stage 4 - Emergencv Water Reduction. During Stage 4 -Emergency Water Reduction, the following mandatory conservation measures must be followed in addition to the measures required for Stage 1, Stage 2 and Stage 3: a. Watering or irrigation of lawn, landscape or other vegetated area with potable water is prohibited. This restriction does not apply to the following categories of use: i. Maintenance of vegetation, including trees and shrubs, that are watered using ahand-held bucket or similar container, hand-held hose equipped with a positive action shut-off nozzle or device; ii. Maintenance of existing landscape necessary for fire protection; iii. Maintenance of existing landscape for soil erosion control; iv. Maintenance of plant materials identified to be rare or essential to the well- being of a protected species; v. Maintenance of landscape within active public parks or playing fields, day care centers, golf course greens, and school grounds, provided that such irrigation does not exceed two days per week; b. Customers must fix leaks, broken irrigation systems, or broken fixtures within one day (24 hours) if notified to do so by San Jose Water Company; In the event of a conflict between the restrictions of Stage 1, Stage 2, Stage 3, or Stage 4, the most restrictive measures shall apply. SECTION THREE: Section 8.34.030 of Chapter 8.34 of the Campbell Municipal Code be amended to read as follows: 8.34.030 -Penalty. A. It is unlawful for any person, firm or corporation to violate any provision, .or fail to comply with any mandatory requirement of this chapter. Except as otherwise provided in subsection (b) of this section, any entity violating any provision, or failing to comply with any mandatory requirement of this chapter is guilty of an infraction, and upon conviction shall be punished by a fine of not more than one hundred dollars. B. Notwithstanding any provision to the contrary, any person, firm or corporation committing any act made unlawful pursuant to subsection (a) of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one thousand dollars and/or imprisonment of not more than six months, if any of the following circumstances exists: 1. The violation was committed willfully or with knowledge of'its illegality; 2. The violator does not cease or otherwise abate the violation after receiving notice of such violation; or 3. The violator has previously been convicted of violating the same provision of this title within one year of the currently charged violation; C. Each person, firm or corporation violating any provision, or failing to comply with the mandatory requirements of this chapter shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person, firm or corporation, and shall be punishable as provided in this section. D. The administrative penalties of Chapter 6.10 of the Campbell Municipal Code shall apply to a violation of this Chapter. SECTION THREE: Paragraph (6)(O) of subsection (a) of section 6.10.020 of the Campbell Municipal Code is hereby amended to read as follows: (O) A violation of any of the provisions of Campbell Municipal Code Chapters 5.24, 5.28, 5.29, 5.30, 5.36, 5.48, 5.58, 6.11, 6.20, 6.30, 8.34, 11.04, 11.08, 11.12, 11.16, 11.32, 13.04, or 14.02, SECTION FOUR: The provisions of this ordinance are intended to amend, codify and supersede the provision contained in Ordinance 1745. SECTION FIVE: This Ordinance shall become effective (30) days following its passage and adoption and shall be published once within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 15` day of September, 2015 by the following roll call vote: AYES: Councilmembers: Gibbons, Resnikoff, Kotowski, Baker, Cristina NOES: Councilmembers: None ABSENT: Councilmembers: None ATTEST: Wendy ood, ity Clerk