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