Ordinance 2014-11ORDINANCE NO. 2014-11
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF GILROY ESTABLISHING: (1)
PERMANENT VOLUNTARY WATER SAVING MEASURES,
AND (2) TEMPORARY WATER CONSERVATION
STANDARDS
WHEREAS, the Governor of the State of California proclaimed a drought emergency on
January 17, 2014 based on the State's water supply storage and outlook; and
WHEREAS, on February 25, 2014, the Santa Clara Valley Water District Board of
Directors called for 20% reductions in water use for the remainder of 2014; and
WHEREAS, a water supply shortage exists due to drought and an 11 -20% consumer
demand reduction is necessary to make more efficient use of water and appropriately respond to
existing water conditions; and
WHEREAS, the underground water aquifers that the City relies on for 100% of its water
supply are recharged by the District using water supplies imported into the District; and
WHEREAS, the District's imported water supply allocations have been significantly
reduced for 2014 by the State and Federal government water systems; and
WHEREAS, historical evidence indicates that the State of California has experienced
prolonged periods of drought in the past; and
WHEREAS, wasteful use of water is detrimental to the long -term water supplies of the
City of Gilroy; and
WHEREAS, the long -term health, safety, and prosperity of the community depends upon
having a reliable long -term supply of potable water; and
WHEREAS, the California Water Resources Control Board adopted Article X.
Prohibition of Activities and Mandatory Actions During Drought Emergency at its July 15, 2014
meeting, which became effective August 1, 2014, whose section X.1 prohibits certain activities in
promotion of water conservation as follows:
(a) To promote water conservation, each of the following actions is prohibited, except
where necessary to address an immediate health and safety need or to comply with a term or
condition in a permit issued by a state or federal agency;
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(1) The application of water to outdoor landscapes in a manner that causes runoff
such that water flows onto adjacent property, non - irrigated areas, private and public
walkways, roadways, parking lots, or structures;
(2) The use of a hose to wash an automobile, except where the hose is fitted with a
shut -off nozzle or device attached to it that causes it to cease dispensing water
immediately when not in use;
(3) The application of water to any hard surface, including but not limited to
driveways, sidewalks, and asphalt; and
(4) The use of potable water in a fountain or other decorative water feature, except
where the water is part of a recirculating system.
(b) The taking of any action prohibited in subdivision (a) of this section is an infraction,
punishable by a fine of up to five hundred dollars ($500) for each day in which the violation
occurs; and
WHEREAS, urban water suppliers that violate mandatory actions approved by the California
Water Resources Control Board could be subject to cease and desist orders for violating emergency
regulations with fines up to $10,000 per day per violation. Or, the matter could be referred to the
Attorney General's office for further action.; and
WHEREAS, The California Water Code, § 10632 requires that stages of action to be
undertaken by the urban water supplier in response to water supply shortages, including up to a 50
percent reduction in water supply.; and
WHEREAS, the City finds that this Ordinance and actions taken hereafter pursuant to it
are exempt from the California Environmental Quality Act as specific actions necessary to
prevent or mitigate an emergency pursuant to Public Resources Code Section 21080(b)(4) and
the California Environmental Quality Act Guidelines Section 15269(c).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN:
SECTION I
Chapter 27 of the Gilroy City Code is hereby amended to add a new Article VI entitled "Water
Supply Shortage Regulations" to read as follows:
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Section 27.95 Findings.
a. A reliable minimum supply of potable water is essential to the public health, safety and
welfare of the people and economy of City.
b. The City is located in a semi -arid region and is dependent upon local surface water,
groundwater, and imported water supplies. A growing population, climate change,
environmental concerns, and other factors in other parts of the state and western United
States, make the region highly susceptible to water supply reliability issues.
c. There is a need for water conservation and regulations because there is a limited supply of
water available to serve the residents and businesses of the City.
d. Careful water management that includes water conservation measures to ensure a reliable
minimum supply of water to meet current and future water supply needs.
e. Article X, Section 2 of the California Constitution declares that the general welfare requires
that water resources be put to beneficial use, waste or unreasonable use or unreasonable
method of use of water be prevented, and conservation of water be fully exercised with a
view to the reasonable and beneficial use thereof.
f. Article XI, Section 7 of the California Constitution declares that a city or county may make
and enforce within its limits all local, police, sanitary and other ordinances and regulations
not in conflict with general laws.
g. California Water Code Section 375 et seq. authorizes water suppliers to adopt and enforce a
comprehensive water conservation program to reduce water consumption and conserve
supplies.
h. The Governor of California has proclaimed a statewide drought and issued an Executive
Order, which takes immediate action to address a dire situation where numerous California
communities are being forced to mandate water conservation or rationing. The lack of water
has created other problems, such as extreme fire danger due to dry conditions, economic
harm to urban and rural communities, loss of crops and the potential to degrade water quality
in some regions. As well, the Santa Clara Valley Water District Board of Directors has called
for an immediate 20% reduction in water use to assure we have enough water to endure the
current drought.
i. The adoption and enforcement of a temporary water supply shortage program is necessary to
manage the City's potable water supply in the short-term and to avoid or minimize the effects
of drought and shortage within the City. The adoption of voluntary water conservation
measures is necessary to manage the City's potable water supply in the long -term. Such
programs are essential to ensure a reliable and sustainable minimum supply of water for the
public health, safety and welfare.
Section 27.96 Declaration of Purpose and Intent.
a. The purpose of this Article is to establish voluntary water conservation measures and a water
supply shortage program that will reduce water consumption within the City through
conservation, enable effective water supply planning, assure reasonable and beneficial use of
water, prevent waste of water, and maximize the efficient use of water within the City of
Gilroy to avoid and minimize the effect and hardship of water shortage.
b. This Article establishes voluntary water conservation measures and temporary water
conservation standards intended to alter behavior related to water use efficiency to be
implemented during times of declared water shortage or declared water shortage emergency.
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Section 27.97 Definitions.
For the purposes of this Article, unless otherwise apparent from the context, certain words and
phrases used in this Article are defined as follows:
a. "Person" means any natural person or persons, corporation, public or private entity,
governmental agency or institution, or any other user of water provided by the city.
b. "Landscape irrigation system" means an irrigation system with pipes, hoses, spray heads, or
sprinkling devices that are operated by hand or through an automated system.
c. "Single pass cooling systems" means equipment where water is circulated only once to cool
equipment before being disposed.
d. "Potable water" means water which is suitable for drinking.
e. "Public Works Director" means the Director of Public Works department of the city, and any
act in this Article required or authorized to be done by the Public Works Director, may be
done on behalf of the Public Works Director by an authorized officer or employee of the
Public Works department.
f. "Recycled water" means the reclamation and reuse of non - potable water for beneficial use as
defined in Title 22 of the California Code of Regulations.
g. "Station" means an area of irrigated landscape controlled by a single irrigation valve.
Section 27.98 Wasting of water and drought emergencies.
A. Applicability
1. The provisions of this Article apply to any person in the use of any potable water
provided by the city.
2. The provisions of this Article do not apply to uses of water necessary to protect
public health and safety or for essential government services, such as police, fire and other
similar emergency services.
3. The provisions of this Article do not apply to the use of water by commercial
nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation
intended for commercial sale.
4. This Article is intended solely to further the conservation of water. It is not
intended to implement any provision of federal, state, or local statutes, resolutions, or regulations
relating to protection of water quality or control of drainage or runoff.
B. Saving Water. The following voluntary water conservation measures are encouraged at all
times. Following these measures will help save water, and water users are encouraged to save
water year around.
1. Recommended Watering Hours: Watering or irrigating of lawn, landscape or
other vegetated area with potable water is discouraged between the hours of 9:00 a.m. and 5:00
p.m. Pacific Standard/Daylight Savings Time.
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2. Recommended Limit on Watering Duration: Watering or irrigating of lawn,
landscape or other vegetated area with potable water using a landscape irrigation system or a
watering device that is not continuously attended is recommended to be limited to no more than
fifteen (15) minutes watering per day per station. This subsection does not apply to landscape
irrigation systems that exclusively use very low -flow drip type irrigation systems when no
emitter produces more than two (2) gallons of water per hour and weather based controllers or
stream rotor sprinklers that meet a 70% efficiency standard. The use of recycled water is exempt
from this prohibition.
3. Eliminate Excessive Water Flow or Runoff: Watering or irrigating of any lawn,
landscape or other vegetated area in a manner that causes or allows excessive water flow or
runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is strongly discouraged.
4. Discourage Washing Down Hard or Paved Surfaces: Washing down hard or
paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas,
tennis courts, patios or alleys, is discouraged except by use of a hand -held bucket or similar
container, a hand -held hose equipped with a positive self - closing water shut -off device, a low -
volume, high- pressure cleaning machine equipped to recycle any water used, or a low - volume
high- pressure water broom.
5. Fix Leaks, Breaks or Malfunctions: Excessive use, loss or escape of water
through breaks, leaks or other malfunctions in the water user's plumbing or distribution system
for any period of time after such escape of water should have reasonably been discovered and
corrected are encouraged to be corrected as soon as practical.
6. Recirculating Water for Water Fountains and Decorative Water Features:
Operating a water fountain or other decorative water features that uses recirculated water is
encouraged.
7. Washing Vehicles: Using water to wash or clean a vehicle, including but not
limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not
is discouraged, except by use of a hand -held bucket or similar container or a hand -held hose
equipped with a positive self - closing water shut -off nozzle or device.
8. Drinking Water Served Upon Request: Eating or drinking establishments,
including but not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public place where
food or drinks are sold, served, or offered for sale, are encouraged to providing drinking water to
any person only when expressly requested.
9. Commercial Lodging Establishments Encouraged to Provide Guests Option to
Decline Daily Linen Services: Hotels, motels and other commercial lodging establishments are
encouraged to provide customers the option of not having towels and linen laundered daily.
Commercial lodging establishments are encouraged to prominently display notice of this option
in each bathroom using clear and easily understood language.
10. Installation of Single Pass Cooling Systems: Installation of single pass cooling
systems is discouraged in buildings requesting new water service.
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11. Installation of Non- recirculating Water System in Commercial Car Wash and
Laundry Systems: Installation of non - recirculating water systems is discouraged in new
commercial conveyor car wash and new commercial laundry systems.
12. Restaurants Encouraged to Use Water Conserving Dish Wash Spray Valves: Food
preparation establishments, such as restaurants or cafes, are encouraged to use water conserving
dish wash spray valves.
13. Commercial Car Wash Systems: All commercial conveyor car wash systems are
encouraged to install operational re- circulating water systems.
14. When directed by the Public Works Director, recycled water fill stations shall be
made available for construction water for purposes, including dust control. Recycled water fill
stations may be removed upon completion of construction activities in the area.
C. Level 1 Water Supply Shortage (11% - 20% reduction): A Level 1 Water Supply
Shortage exists when the City Council determines, in its sole discretion, that due to drought or
other water supply conditions, a water supply shortage or threatened shortage exists and an 11 %
- 20% consumer demand reduction is necessary to make more efficient use of water and
appropriately respond to existing water conditions. Upon the declaration by of the City Council
of a Level 1 Water Supply Shortage condition, the following mandatory water conservation
requirements shall apply during such time that the Level 1 Water Supply Shortage is in effect.
1. Limits on Watering Hours: Watering or irrigating of lawn, landscape or other
vegetated area with potable water is prohibited between the hours of 9:00 a.m. and 5:00 p.m.
Pacific Standard/Daylight Savings Time on any day, except by use of a hand -held bucket or
similar container, a hand -held hose equipped with a positive self - closing water shut -off nozzle or
device, or for very short periods of time for the express purpose of adjusting or repairing an
irrigation system. The use of recycled water is exempt from this prohibition.
2. Limit on Watering Duration: Watering or irrigating of lawn, landscape or other
vegetated area with potable water using a landscape irrigation system or a watering device that is
not continuously attended is limited to no more than fifteen (15) minutes watering per day per
station. This subsection does not apply to landscape irrigation systems that exclusively use very
low -flow drip type irrigation systems when no emitter produces more than two (2) gallons of
water per hour and weather based controllers or stream rotor sprinklers that meet a 70%
efficiency standard. The use of recycled water is exempt from this prohibition.
3. Limits on Watering Days: Watering or irrigating of lawn, landscape or other
vegetated area with potable water is limited to three days per week from April through October.
The watering days are designated depending upon house address (odd house address — Monday,
Wednesday, and Friday, even house address — Tuesday, Thursday, and Saturday). During the
months of November through March, watering or irrigating of lawn, landscape or other vegetated
area with potable water is limited to no more than one day per week (odd house address —
Monday, even house address — Tuesday). This provision does not apply to landscape irrigation
zones that exclusively use very low flow drip type irrigation systems when no emitter produces
more than two (2) gallons of water per hour. This provision also does not apply to watering or
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irrigating by use of a hand -held bucket or similar container, a hand -held hose equipped with a
positive self - closing water shut -off nozzle or device, or for very short periods of time for the
express purpose of adjusting or repairing an irrigation system.
4. No Excessive Water Flow or Runoff. The application of water to outdoor
landscapes in a manner that causes runoff such that water flows onto adjacent property, non-
irrigated areas, private and public walkways, driveway, street, alley, gutter, ditch, parking lots, or
structures is prohibited.
5. No Washing Down Hard or Paved Surfaces: Washing down hard or paved
surfaces, including but not limited to buildings, structures, sidewalks, walkways, driveways,
parking areas, tennis courts, patios or alleys, is prohibited except by use of a hand -held bucket or
similar container, a hand -held hose equipped with a positive self - closing water shut -off device, a
low - volume, high- pressure cleaning machine equipped to recycle any water used, or a low -
volume high- pressure water broom.
6. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other
malfunctions in the water user's plumbing or distribution system must be repaired within
seventy -two (72) hours of notification by the city unless other arrangements are made with the
city.
7. Recirculating Water Required for Water Fountains and Decorative Water
Features: Operating a water fountain or other decorative water feature that does not use
recirculated water is prohibited.
8. Limits on Washing Vehicles: Using water to wash or clean a vehicle, including
but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized
or not is prohibited, except by use of a hand -held bucket or similar container or a hand -held hose
equipped with a positive self - closing water shut -off nozzle or device. This subsection does not
apply to any commercial car washing facility.
9. Drinking Water Served Upon Request Only: Eating or drinking establishments,
including but not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public place where
food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water
to any person unless expressly requested.
10. Commercial Lodging Establishments Must Provide Guests Option to Decline
Daily Linen Services: Hotels, motels and other commercial lodging establishments must provide
customers the option of not having towels and linen laundered daily. Commercial lodging
establishments must prominently display notice of this option in each bathroom using clear and
easily understood language.
11. No Installation of Single Pass Cooling Systems: Installation of single pass
cooling systems is prohibited in buildings requesting new water service.
12. No Installation of Non -re- circulating in Commercial Car Wash and Laundry
Systems: Installation of non -re- circulating water systems is prohibited in new commercial
conveyor car wash and new commercial laundry systems.
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13. Restaurants Required to Use Water Conserving Dish Wash Spray Valves: Food
preparation establishments, such as restaurants or cafes, are prohibited from using non -water
conserving dish wash spray valves.
14. Commercial Car Wash Systems: Within one year of passage of this Ordinance,
all commercial conveyor car wash systems must have installed operational re- circulating water
systems, or must have secured a waiver of this requirement from the city.
15. When directed by the Public Works Director, recycled water fill stations shall be
made available for construction water for purposes, including dust control. Recycled water fill
stations may be removed upon completion of construction activities in the area.
16. Refilling of existing private pools is prohibited, except to maintain water levels.
The use of solar blankets or pool covers is recommended to reduce evaporation losses.
D. Level 2 Water Supply Shortage (21% - 35% reduction): A Level 2 Water Supply
Shortage exists when the city council declares, in its sole discretion, that due to drought or other
water supply conditions, a water supply shortage or threatened shortage exists and a 21% - 35%
consumer demand reduction is necessary to make more efficient use of water and appropriately
respond to existing water conditions. Upon the declaration of a Level 2 Water Supply Shortage
condition, the more restrictive of the prohibited or limited uses of water set forth in subsections
C, and the following mandatory water conservation requirements shall apply during such time
that the Level 2 Water Supply Shortage is in effect.
1. Limits on Watering Days. Watering or irrigating of lawn, landscape or other
vegetated area with potable water is limited to two days per week from April through October. The
watering days are designated depending upon house address (odd house address — Monday and
Friday, even house address — Tuesday, and Saturday). During the months of November through
March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited
to no more than one day per week (odd house address — Monday, even house address — Tuesday).
This provision does not apply to landscape irrigation zones that exclusively use very low flow drip
type irrigation systems when no emitter produces more than two (2) gallons of water per hour. This
provision also does not apply to watering or irrigating by use of a hand -held bucket or similar
container, a hand -held hose equipped with a positive self - closing water shut-off nozzle or device, or
for very short periods of time for the express purpose of adjusting or repairing an irrigation system.
Use of recycled water for irrigation is exempt from these restrictions.
2. Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other
malfunctions in the water user's plumbing or distribution system must be repaired within forty -eight
(48) hours of notification by the city unless other arrangements are made with the city.
3. Limits on Filling Ornamental Lakes or Ponds. Filling or re- filling ornamental lakes
or ponds with potable water is prohibited, except to the extent needed to sustain aquatic life,
provided that such animals are of significant value and have been actively managed within the
water feature prior to declaration of a supply shortage level under this section.
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4. Limits on Washing Vehicles. Using water to wash or clean a vehicle, including but
not limited to, any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or
not, is prohibited except at a commercial car washing facility that utilizes a re- circulating water
system to capture or reuse water.
5. Limits on Filling Residential Swimming Pools & Spas. Re- filling of more than one
foot and initial filling of residential swimming pools or outdoor spas with potable water is
prohibited.
6. The city council may, at their sole discretion, consider adopting Level 2 Water Supply
Shortage drought contingency tiered water rate adjustments (except for the first tier).
E. Level 3 Water Supply Shortage — Emergency Condition (36% - 50% reduction): A Level 3
Water Supply Shortage shall be referred to as a Water Shortage Emergency. A Level 3 condition
exists when the city council declares, in its sole discretion, a water shortage emergency and notifies
its residents and businesses that a greater than 35% reduction in consumer demand is necessary to
maintain sufficient water supplies for public health and safety, pursuant to Water Code Section 350
et seq. Upon the declaration of a Level 3 Water Supply Shortage condition, the more restrictive of
the prohibited or limited uses of water set forth in subsections C, D, and the following mandatory
water conservation requirements shall apply during such time that the Level 3 Water Supply
Shortage is in effect.
1. No Watering or Irrigating. Watering or irrigating of lawn, landscape or other
vegetated area with potable water is prohibited. This restriction does not apply to the following
categories of use, unless the city has determined that recycled water is available and may be applied
to the use:
a. Maintenance of vegetation, including trees and shrubs, that are watered using a hand-
held bucket or similar container, hand -held hose equipped with a positive self - closing water shut -off
nozzle or device;
b. Maintenance of existing landscape necessary for fire protection;
c. Maintenance of existing landscape for soil erosion control;
d. Maintenance of plant materials identified to be rare or essential to the well -being of
protected species;
e. Maintenance of landscape within active public parks and playing fields, day care
centers, golf course greens, and school grounds, provided that such irrigation does not exceed two
(2) days per week for no more than fifteen (15) minutes watering per day per station and is
prohibited between the hours of 9:00 a.m. and 5:00 p.m. Pacific Standard/Daylight Savings Time,
according to the schedule established in subsection D(1) or this section.
f. Actively irrigated environmental mitigation projects.
2. Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other
malfunctions in the water user's plumbing or distribution system must be repaired within twenty four
(24) hours of notification by the city unless other arrangements are made with the city.
3. Limits on New Potable Water Service: Upon declaration of a Level 3 Water Shortage
Emergency condition, the city may limit the issuance of new potable water services, temporary
meters and/or statements of immediate ability to serve or provide potable water service (such as, can
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and will -serve letters, certificates, or letters of availability), except under the following
circumstances:
a. A valid, unexpired building permit has been issued for the project; or
b. The project is necessary to protect the public health, safety, and welfare; or
c. The applicant provides substantial evidence of an enforceable commitment that water
demands for the project will be offset prior to the provision of a new water meter(s) to the
satisfaction of the city.
d. This provision does not preclude the resetting or turn-on of meters to provide
continuation of water service or the restoration of service that has been interrupted for a period of
one year or less.
4. Limits on Building Permits. Upon declaration of a Level 3 Water Supply Shortage
Emergency condition, the City Administrator is authorized to implement a program in his or her
discretion to limit or withhold the issuance of building permits which require new or expanded water
service, except to protect the public health, safety and welfare, or in cases which meet the city's
adopted conservation offset requirements.
5. Discontinue Service. The city, in its sole discretion, may discontinue service to
consumers who willfully violate provisions of this section.
6. No New Annexations. Upon the declaration of a Level 3 Water Supply Shortage
condition, the city may suspend consideration of annexations to its service area. This subsection
does not apply to boundary corrections and annexations that will not result in any immediate
increased use of water.
F. Procedures for Determination/Notification of Water Supply Shortage. The existence of
Level 1, 2, or 3 Water Supply Shortage conditions may be declared by Resolution of the City
Council adopted at a regular or special public meeting held in accordance with state law. The
mandatory conservation requirements applicable to the level of Water Supply Shortage conditions
declared by the City Council will take effect immediately after the shortage level is declared. Within
ten (10) days following the declaration of the shortage level, the City must publish a copy of the
Resolution in a newspaper used for publication of official notices.
G. Hardship Waiver. If, due to unique circumstances, such as a fire, a specific requirement of this
Article would result in undue hardship to a person using water or to property upon which water is
used, that is disproportionate to the impacts to water users generally or to similar property or classes
of water users, then the person may apply for a waiver to the requirement as provided in this Section.
1. Request: A written request for a Hardship Waiver must be submitted to the Public Works
Director.
2. Supporting Documentation: The request for waiver must be accompanied by
photographs, maps, drawings, and any other information as appropriate the applicant wishes to be
used in reviewing the request.
3. Required Findings for Waiver: The waiver may be granted or conditionally granted only
upon a written finding of the existence of facts demonstrating an undue hardship to a person using
water or to property upon which water is used, that is disproportionate to the impacts to water users
generally or to similar property or classes of water use due to specific and unique circumstances of
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the user or the user's property. An application for a waiver will be denied unless the Public Works
Director finds, based on the information provided in the application, supporting documents, or such
additional information as may be requested, and on water use information for the property as shown
by the records of the city or its agent, all of the following:
a. That the waiver does not constitute a grant of special privilege inconsistent with the
limitations upon other residents and businesses;
b. That because of special circumstances applicable to the property or its use, the strict
application of this Article would have a disproportionate impact on the property or use that exceeds
the impacts to residents and businesses generally;
c. That the authorizing of such waiver will not be of substantial detriment to adjacent
properties, and will not materially affect the ability of the city to effectuate the purpose of this
Article and will not be detrimental to the public interest; and
d. That the condition or situation of the subject property or the intended use of the
property for which the waiver is sought is not common, recurrent or general in nature.
4. Approval Authority: The Public Works Director must act upon any completed
application no later than ten (10) days after submittal and may approve, conditionally approve, or
deny the waiver. The applicant requesting the waiver must be promptly notified in writing of any
action taken. Unless specified otherwise at the time a waiver is approved, the waiver will apply to
the subject property during the period of the mandatory water supply shortage condition.
H. Mandatory metering of water use at all city hydrants. For uses other than fire suppression,
all water delivered through city hydrants will require the use of meters in order to more accurately
track the use of city water.
Section 27.99 Enforcement.
If a Water Supply Shortage is declared by Council, it shall be the duty of all City employees to give
vigilant aid to the Public Works Director in the enforcement of the provisions of this chapter, and to
this end they shall report all violations thereof which shall come to their knowledge, to the office of
the Public Works Director.
Section 27.100 Violation Penalty.
A. Penalty. Any person violating or causing or permitting to be violated, any of the
provisions of this Article, may be deemed guilty of a misdemeanor. Upon conviction thereof, such person
shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county
jail for not more than 30 days. Every such person shall be deemed to be guilty of a separate offense for
every day during any portion of which any violation of any provision of this Article is committed, continued
or permitted by such person, and shall be punishable therefor as provided in this section.
B. Notwithstanding any other provision of this Article, whenever a violation of any section
contained in this Article is punishable as a misdemeanor, the city attorney may specify that the offense is an
infraction, and proceed with prosecution as an infraction, unless the defendant objects to the offense being
made an infraction, in which event the court may elect to have the complaint amended to charge as a
misdemeanor, and the case shall proceed on a misdemeanor charge.
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1. First Violation: The City will issue a written warning and deliver a copy of this
Resolution by mail.
2. Second Violation: A second violation within any consecutive twelve (12) months
period is punishable by a fine not to exceed one hundred dollars ($100).
3. Third Violation: A third violation within any consecutive twelve (12) months period
is punishable by a fine not to exceed two hundred dollars ($200).
4. Subsequent Violations: Any subsequent violations within any consecutive twelve
(12) months period are punishable by a fine not to exceed five hundred ($500).
5. Separate Offenses: Each day that a person violated provisions of this Article shall
constitute a separate violation or offense.
C. All remedies provided for herein shall be cumulative and not exclusive.
SECTION II
Effective Date. Pursuant to Gilroy City Charter Section 601 this Ordinance is deemed to be
necessary as an emergency measure to preserve the public peace, health and safety and shall be
effective immediately. Pursuant to Water Code Section 375 this Ordinance shall also constitute a
water conservation program. The findings supporting this emergency ordinance and the water
conservation program are set forth in Section 27.95.
SECTION III
Publication. Within ten (10) days of its adoption, this Ordinance shall be published in full
once in a newspaper of general circulation which is printed, published, and circulated in the City.
SECTION IV
Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance
is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the
remaining portions of this Ordinance shall nonetheless remain in full force and effect. The people
hereby declare that they would have adopted each section, subsection, sentence, clause, phrase, or
portion of this Ordinance, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.
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PASSED AND ADOPTED this 4th day of August, 2014 by the following roll call vote:
AYES: COUNCILMEMBERS: ARELLANO, AULMAN, BRACCO,
LEROE- MUNOZ, TUCKER and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: WOODWARD
ATTEST:
i
Shawna Freels, City C*r
APPROVED:
�L2 .4 Q4,evl
Donald Gage, Mayor d C/
ORDINANCE NO. 2014-11
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2014 -11 is an original ordinance, or true and correct copy of a City
ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 4`h day of August, 2014, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 6t' day of August, 2014.
Shawna Freels, MMC
City Clerk of the City of Gilroy
(Seal)