ORDINANCE 9325n95
ORDINANCE NO. 932
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, ESTABLISHING RULES AND REGU-
LATIONS FOR CONSERVING WATER DURING A WATER
SHORTAGE EMERGENCY; ESTABLISHING PENALTIES
FOR VIOLATIONS THEREOF; AND DECLARING THIS
ORDINANCE TO BE AN URGENCY ORDINANCE AND
STATING THE REASONS THEREFOR.
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS AND DETERMINATIONS. The City
Council of the City of E1 Segundo hereby finds and determines
that:
A. A water shortage emergency condition prevails within
its water service area.
B. The Metropolitan Water District of Southern California
has requested that all resale customers, including the City of
E1 Segundo, immediately institute a water conservation program
designed to effect a ten percent reduction in water usage.
C. The rules, regulations and restrictions set forth
in this ordinance are intended to conserve the water supply of
the City of E1 Segundo for the greatest public benefit with
particular regard to domestic use, sanitation and fire protection.
D. The specific uses prohibited or restricted by this
ordinance are nonessential, if allowed, would constitute wastage
of City water, and shall be prohibited pursuant to the City's
power under the California Water Code Section 350 at seq., and
the common law.
E. The actions taken hereinafter are exempt from the
provisions of Section 21000 et seq. of the California Public
Resources Code as a project undertaken as immediate action necessary
to prevent or mitigate an emergency pursuant to Title 14, California
Administrative Code Section 15071.
F. This ordinance shall be effective for a period of
one year from the date of adoption unless sooner revoked.
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SECTION 2. DEFINITIONS. For the purposes of this
ordinance, the following terms, phrases, words, and their deri-
vations shall have the meaning given herein; when not inconsistent
with the context, words used in the present tense include the
future, words in the plural number include the singular number,
and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory:
1.
"City" is
the "City" of E1
Segundo.
2.
"Person"
is any individual,
firm, partnership,
association, company, organization of any kind.
3. "Water" is water supplied by the City of E1 Segundo
Water Department.
SECTION 3. PROHIBITION OF NONESSENTIAL WATER USE. It
shall be unlawful for any person, firm, partnership, association,
corporation, company or organization to use water obtained from
the water system of the City of E1 Segundo for nonessential uses
as hereinafter defined.
SECTION 4. NONESSENTIAL USES DEFINED. A. No person
shall cause or permit any water furnished to any property within
the City to run or to escape from any hose, pipe, valve, faucet,
sprinkler or irrigation device into any gutter or otherwise to
escape from the property if such running or escaping can reasonably
be prevented.
B. No person shall use any water furnished to any
property by the City to wash sidewalks, walkways, driveways,
and parking lots, by hosing.
C. No person shall water or irrigate any shrubbery,
trees, lawns, grass, ground covers, plants, vines, gardens,
vegetables, flowers, or other vegetation between the hours of
10:00 a.m. and 4:00 p.m.
D. No person shall refill any fountain, pool or other
facility containing water solely for ornamental purposes emptied
during the effectiveness of this ordinance.
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E. No person shall permit leaks of water which he
has the authority to eliminate.
F. Restaurants shall only serve water to customers
upon request.
G. No person shall wash any motor vehicle, trailer,
airplane or boat by hand watering or otherwise using water directly
from a faucet or other outlet. (Use of a hose for a quick rinse
is permitted.)
H. No person shall cause or permit water under his
control to be wasted.
SECTION 5. EXEMPTIONS. Persons may be exempted from
application of this ordinance to a certain type of use if the
City of E1 Segundo Water and Sanitation Superintendent finds
that enforcement of the applicable restriction would either:
1. Cause an unnecessary and undue hardship to the
applicant or the public; or
2. Would cause or threaten an emergency condition
affecting the health, sanitation, fire protection, or safety
of the applicant or the public.
The Water Department may require the use of such water conser-
vation devices or practices as it deems appropriate as a condition
of exemption.
SECTION 6. ENFORCEMENT.
A. The City Manager of the City of E1 Segundo or his
designated representative shall have the duty and are hereby
authorized to enforce the provisions of this ordinance and shall
have all the powers and authority contained in California Penal
Code Section 836.5, including the power to issue written notice
to appear.
B. Each law enforcement officer of the City shall,
in connection with his duties imposed by law, diligently enforce
the provisions of this ordinance.
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SECTION 7. PENALTIES. Special Conditions. Any
person who consumes abnormally large amounts of water through
inefficient utilization of such water for beneficial purposes
(such as one pass cooling water) shall be given a preliminary
notice in writing, of such violation. Such person shall have
twenty -four hours to correct such violation or terminate the
use. If the violation is not corrected or the use terminated,
the Water and Sanitation Superintendent may forthwith either
(1) Disconnect service or, (2) Install flow - restricting device
restricting water service.
General Conditions. Any person who violates this
ordinance shall be given a preliminary notice in writing, of
such violation.
Upon receipt of a second notice of violation the City
may install a flow- restricting device on the service line of
any person violating the provisions of this ordinance.
Charges for installation of flow- restricting devices
and restoration of service shall be:
Meter Size Installation Charge Removal Charge
5/8" to 1" $25.00 $25.00
1'" to 2" $50.00 $50.00
3" and larger Actual Cost* Actual Cost*
*Actual Cost shall include all material, labor, equipment and
overhead charges.
The installation of a flow - restricting device shall remain installed
for a period of ten days.
Receipt of a third notice of violation will result
in shut off of service for a period of three days.
Charges for restoration of service, following discon-
tinuance of service, shall be $50.00.
Persons allowing adjacent residents to connect to their
water system following shut off or installation of restricting
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device shall have restrictive device installed in their service
line for a period of ten days.
Commercial, industrial, and other consumers shall submit
a water conservation plan to the City of E1 Segundo when notified
to do so by the Water and Sanitation Superintendent. In addition,
these consumers shall submit quarterly reports on the progress
of their conservation plans.
SECTION 8. NONAPPLICATION OF ORDINANCE. This ordinance
shall be inoperative to the extent any regulations and restrictions
adopted pursuant to Division I, Chapter 3, of the Water Code
conflict.
SECTION 9. VIOLATION - PENALTY. Any person violating
any of the provisions or failing to comply with any of the mandatory
requirements of the ordinances of E1 Segundo shall be guilty
of a misdemeanor. Any person convicted of a misdemeanor under
the ordinances of E1 Segundo shall be punished by a fine of not
more than five hundred dollars, or by imprisonment not to exceed
six months, or by both such fine and imprisonment. Each such
person shall be guilty of a separate offense for each and every
day during any portion of which any violation of any provision
of the ordinances of E1 Segundo is committed, continued, or per-
mitted by any such person, and he shall be punished accordingly.
SECTION 10. SEVERABILITY. If any section, subsection,
sentence, clause, phrase, portion, or part of this code is for
any reason held to be invalid or unconstitutional by any court
of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this code. The city council
hereby declares that it would have adopted this code and each
section, subsection, sentence, clause, phrase, part, or portion
thereof, irrespective of the fact that any one or more sections,
subsections, clauses, phrases, parts, or portions be declared
invalid or unconstitutional.
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SECTION 11. This ordinance is hereby declared to be
an urgency ordinance for the immediate preservation of the public
health, safety and general welfare and shall be in full force
and effect upon its adoption. The facts constituting the urgency
are:
That a water shortage emergency condition prevails
within the water area served by the city and as a
result thereof Metropolitan Water District of
Southern California has requested that all resale
customers immediately institute a water conservation
program to effect a ten percent reduction in water
usage.
SECTION 12. The City Clerk shall certify to the passage
and adoption of this ordinance; shall cause the same to be entered
in the book of original ordinances of said city; shall make a
minute of the passage and adoption thereof in the records of
the meeting at which the same is passed and adopted; and shall
within fifteen days after the passage and adoption thereof, cause
the same to be published once in the E1 Segundo Herald, a weekly
newspaper of general circulation, published and circulated within
said City of E1 Segundo and which is hereby designated for that
purpose.
PASSED, APPROVED and ADOPTED this 7th day of
June , 1977.
ATTEST:
City C erk
(SEAL)
Mayor of the City of E1 Segundo,
California
.1070
5071
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) JS
CITY OF EL SEGUNDO )
1 .. , . V alerie,A: Burrowes, , , , , , , , , , I City Clerk of the City of El Segundo,
California, do hereby certify that the whole number of members of the City Council
of the said City is five; that the foregoing ordinance, being Ordinance No. 932, .
is a full, true and correct original of Ordinance No, , 9 ? ?........ of the said City of
El Segundo, California, entitled:
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, ESTABLISHING RULES AND REGU-
LATIONS FOR CONSERVING WATER DURING A WATER
SHORTAGE EMERGENCY; ESTABLISHING PENALTIES
FOR VIOLATIONS THEREOF! AND DECLARING THIS
ORDINANCE TO BE AN URGENCY ORDINANCE AND
STATING THE REASONS THEREFOR.
which was duly passed and adopted by the said City Council, approved and signed
by the Mayor of said City, and attested by the City Clerk of said City, all at a
regular meeting of the said Council held on the ..7th.... day of .. June , , , , ,
19.7,7......... and that the same was so passed and adopted by the following vote:
AYES: Councilmen . Bue,, Nagel, Rockhold,, Van Vrahken,, , , , , , , . .
and,Mayor, B,almer;.........................
NOES: Councilmen . None; ...... ...............................
ABSENT: Councilmen None.
..................
I do hereby further certify that pursuant to the provisions of Section 36933
of the Government Code of the State of California, that the foregoing Ordinance
No. .93 ?.... was duly and regularly published according to law and the order of
the City Council of said City in the El Segundo Herald, a weekly newspaper of
general circulation, printed, published and circulated within said City and that the
same was so published therein on the following date, to wit:. Aimq 16,.1977...... .
City Clerk of the City of E1 Segundo, California
(SEAL)
By......... ...............................
Deputy