CC Ordinance 1745ORDINANCE NO. 1745
AN ORDINANCE OF THE CITY OF CAMPBELL
DECLARING THE EXISTENCE OF A CONDITION OF DROUGHT AND
PROVIDING FOR MANDATORY REDUCTIONS IN
AND SPECIFIED PROHIBITIONS OF WATER USE
The City Council of Campbell does ordain as follows:
ARTICLE I
The Council finds and determines that a state of drought and of water
shortage exists and that to preserve the health and safety of the people
of this municipality the following measures are immediately necessary to
be and are hereby placed in effect.
ARTICLE II
From and after the effective date of this Ordinance, it shall be
unlawful to make any of the following uses of potable water:
1. Water waste by flooding or runoff on sidewalks, streets, gutters
or other paved areas.
2. Cleaning of sidewalks, driveways, patios, parking lots, or other
paved or hard -surfaced areas.
3. Use of water through a hose for washing cars, buses, boats,
trailers, or other vehicles without a positive automatic shutdown
valve on the outlet end of the hose.
4. Operation of decorative fountains, except as needed for
maintenance purposes.
5. Use of water for construction purposes, such as consolidation of
backfill, unless no other source of water or other method can be
used.
6. Water waste due to broken or defective plumbing, sprinkler,
watering or irrigation systems.
7. Outside landscape irrigation between 10:00 a.m. and 6:00 p.m.
8. Restaurant water service unless upon request.
9. Hydrant flushing, except where required for public health or
safety.
10. Single pass cooling process on new construction.
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ARTICLE III
Any affected water user aggrieved by the application of the foregoing
prohibitions may petition the Water Use Committee, composed of the Public
Works Director and Assistant City Manager, specifying the petitioner's
claim of special hardship or inequality of burden and stating the relief
requested. The Committee will hear the petition without avoidable delay.
Following the hearing, the Committee may grant the petition, or grant it
in part, if it finds that absent such relief, the ordinance would impose a
special hardship different from that imposed on other persons in the City,
or that the Ordinance would impose an unequal burden on the petitioner.
Otherwise, the Committee shall deny the petition.
ARTICLE IV
(A) This Ordinance will be published in full within ten days after
its adoption pursuant to Section 6061 of the California
Government Code in a newspaper of general circulation within this
municipaltiy. From and after the effective date of the
Ordinance, it shall be unlawful for any person, firm or
corporation to violate any provision, or fail to comply with any
mandatory requirement of the ordinance. 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 ordinance 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 article 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 wilfully or with knowledge of
its illegality;
(2) The violator does not cease or otherwise abate the violation
after receiving notice of such violation;
(3) The violator has previously been convicted of violating this
Ordinance 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 -
Ordinance 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 ordinance is committed, continued, or permitted
by such person, firm or corporation, and shall be punishable as
provided in this section.
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ARTICLE V
The Council may at any time find and determine that the state of
drought no longer exists and may suspend indefinitely the application of
the above prohibitions; provided, that such application may not be
reinstated except upon and following a finding of drought and publication
of notice thereof in a newspaper of general circulation within this
municipality pursuant to Section 6061 of the Government Code.
ARTICLE VI
Should any section or provision of this Ordinance be found by a court of
competent jurisdiction to be invalid, the decision shall not affect the
validity of the Ordinance as a whole of any part thereof other than the
part decided to be invalid.
PASSED AND ADOPTED this 4th day of APRII. 1989 by the
following roll call vote:
AYES: Councilmembers: KOTOWSKI, ASHWORTH, BURR, CONANT, WATSON
NOES: Councilmembers: NONE
SUBJECT: Councilmembers: NONE
APPROVED:
JEANETTE WATSON, MAYOR
ATTEST: