HomeMy WebLinkAbout2327ORDINANCE NO. 2327
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AMENDING SECTION 7553.7.1 OF CHAPTER 5,
ARTICLE VII OF THE ARCADIA MUNICIPAL CODE CONCERNING
OUTDOOR IRRIGATION AND PROHIBITED WATER USES
WHEREAS, on January 17, 2014, Governor Edmund G. Brown Jr. declared a
drought State of Emergency to exist in California due to severe drought conditions; and
WHEREAS, on July 15, 2014, California's State Water Resources Control Board
(the "State Board ") adopted emergency drought regulations to support water
conservation that was set to expire on April 25, 2015, and
and
WHEREAS, the State Board has found that drought conditions are continuing;
WHEREAS, the State Board adopted a resolution on March 17, 2015, to renew
the 2014 emergency drought regulations, to require urban water suppliers to implement
certain additional water conservation measures, and to prohibit certain water uses by
end - users; and
WHEREAS, the newly adopted State Board regulations require that the City of
Arcadia (the "City ") restrict the number of days per week potable water can be used for
outdoor irrigation or to obtain the State Board's approval to implement an alternate
water shortage contingency plan that includes allocation -based rate structures that will
achieve a level of conservation superior to limiting outdoor irrigation to two days per
week; and
WHEREAS, the Arcadia Municipal Code does not currently restrict the number of
days per week water can be used for outdoor irrigation; and
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WHEREAS, the Arcadia Municipal Code does not prohibit certain water uses by
end -users that are prohibited under the new State Board drought regulations; and
WHEREAS, because of the drought conditions prevailing in the City and in the
areas of this State and elsewhere from which the City obtains its water supplies, the
City Council recognizes the need to implement additional water conservation measures
to prevent waste, and to prevent unreasonable use or unreasonable method of use of
water, in the interest of the people of the City and for purposes of the public welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
(Deleted text is highlighted in stFðrough and added text is highlighted in underline
SECTION 1. Section 7553.7.1 of Division 3, Part 5, Chapter 5 of Article VII of the
Arcadia Municipal Code is hereby amended to read as follows:
"(a) There shall be no hose washing of sidewalks, walkways, driveways,
or parking areas.
(b) There shall be no hose washing of a motor vehicle, except where
the hose is fitted with a shut -off nozzle or similar device that causes the
hose to cease dispensing water immediately when not in use.
(bc) No water shall be used to clean, fill or maintain levels in decorative
fountains unless such water is part of a recirculating system.
(Ed) No restaurant, hotel, cafe, cafeteria, bar or other public place where
food or beverage is served or offered for sale, shall serve drinking water to
any customer unless expressly requested by the customer.
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(e) No hotel or motel shall launder towels and linens of an occupied
questroom on a daily basis unless expressly requested by the guest The
hotel or motel shall prominently display a notice in each questroom of the
guest's option not to have towels and linens laundered daily.
(df) No customer of the Water Division shall permit water to leak from
any facility on his premises.
(eg,) No lawn, landscape, or other turf areas shall be watered or irrigated
between the hours of 9:00 a.m. and 6:00 p.m. Pacific time.
(h) No lawn, landscape or other turf areas shall be watered or irrigated
during and within 48 hours after measurable rainfall.
(i) No lawn, landscape, or other turf areas shall be watered or irrigated
more than 3 days per week, or such other number of days as the City
Council may prescribe by resolution from time to time. The three days
per week shall be Tuesday, Thursday, and Saturday or such other days as
the City Council may prescribe by resolution from time to time.
Notwithstanding the foregoing, upon written application to and approval by
the City's Public Works Services Director, an owner of property used
primarily for commercial, industrial or institutional purposes may irrigate
lawn, landscape or other turf areas of such property such number of days
per week as approved by the Public Works Services Director if such
owner provides evidence, to the satisfaction of the Public Works Services
Director, that the owner has reduced overall bi- monthly water use for such
property by at least twenty -five percent (25 %) from the same bi- monthly
period in 2013, or by such other measurement of reduction adopted by
resolution of the City Council from time to time.
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(fl) No lawn, landscape or other turf areas shall be watered in a
wasteful manner. For example, in a manner that causes runoff such that
water flows onto adiacent property, non - irrigated areas private and public
walkways, roadways parking lots or stuctures
(k) Additional restrictions and conservation measures may be adopted from
time to time by resolution of the City Council and shall become effective upon
their adoption. Any and all such restrictions and measures shall be subject to all
enforcement provisions, including without limitation fines and penalties as are
otherwise applicable to the provisions set forth in this Section 7533.7.1."
SECTION 2. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this Ordinance or any part thereof is for any reason held to be
unconstitutional, such determination shall not affect the validity of the remaining portion
of this Ordinance or any part thereof. The City Council of the City of Arcadia hereby
declares that it would have passed each section, subsection, subdivision, paragraph,
sentence, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be
declared unconstitutional.
SECTION 3. This Ordinance shall take effect immediately upon adoption in
accordance with Section 376 of the California Water Code. The City Clerk shall certify
to the adoption of this Ordinance and shall cause a copy of the same to be published in
a newspaper printed, published, and circulated in the City within ten (10) days after its
adoption.
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Passed, approved and adopted this
ATTEST:
-mac/
City
APPROVED AS TO FORM:
Steph n P. Deitsch
City Attorney
W
21st day of Anrii 2015.
Mayor of the City of Arcadia
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Ordinance No. 2327 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 21st day of April, 2015 and that said Ordinance was adopted by the
following vote, to wit:
AYES: Council Member Beck, Chandler, Kovacic, Tay and Wuo
NOES: None
ABSENT: None
City lerk o e of Arcadia
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