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HomeMy WebLinkAbout91-17 - Amending Section 14.16. of the Newport Beach Municipal Code to Establish a Water Conservation and Rationing ProgramV NO. 91- 17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 14.16. OF THE NEWPORT BEACH MUNICIPAL CODE TO ESTABLISH A WATER CONSERVATION AND RATIONING PROGRAM. • The City Council of the City of Newport Beach does ordain as follows: SECTION 1• Chapter 14.16. of the Newport Beach Municipal Code is amended to read as follows: Chapter 14.16 WATER CONSERVATION 14.16.010 Findings and Purpose. 14.16.020 Definitions. 14.16.030 Prohibitions. 14.16.040 Conservation Phase Implementation. 14.16.045 Permanent Water Usage Restrictions. •14.16.050 Water Conservation Phases. 14.16.060 Surcharges. 14.16.070 Exemptions. 14.16.080 Relief from Compliance. 14.16.090 Failure to Comply. 14.16.100 Applicability. 14.16.010 Findings and Purpose. A. The City of Newport Beach delivers water to its residents through a comprehensive system of reservoirs, water mains, and pipes. The water sold to Newport Beach residents comes exclusively from sources outside of the City of Newport Beach. The City relies heavily on Metropolitan Water District ( "MWD ") for its supply of water. MWD supplies water to many agencies, including large purveyors such as the Los Angeles Department of Water and Power. MWD's primary source of water is the Colorado River and related storage facilities. MWD's ability to supply water is contingent upon many factors, including the extent of Colorado River flows, water taken from the Colorado River by those with prior rights, the amount of water available to major purveyors such as DWP from the 1 Los Angeles Aqueduct and the State Water Project, the amount of water available to smaller purveyors from these same sources or wells, and the demand for water from agricultural, industrial, and residential users. Southern California's demand for water is such that short term drought may result in significant reductions in MWD's allocations of water to the City of Newport Beach and extended drought will result in drastic allocation reductions, which, in turn, require imposition of stringent measures to insure reduced consumption. This Ordinance provides a mechanism for quickly imposing mandatory water conservation measures ranging from voluntary consumption reductions to measures which restrict water usage to the minimum necessary for basic human health and sanitation. B. Continued population growth in California and Arizona will, over time, dramatically reduce the amount of water available to MWD and other major water purveyors. The ability of Newport Beach to provide its residents with adequate supplies of water is • contingent upon implementation of a comprehensive program, including development and implementation of plans to tap new sources of water, implementation of drastic restrictions on consumption during periods of drought, and implementation of water conservation measures during periods of normal rainfall to insure the highest beneficial use of the resource. C. The mandatory restrictions on water use, the prohibition of activities that waste water as well as the penalties and surcharges provided by this Ordinance are the minimum controls necessary to insure adequate supplies of water now and in the future. The surcharges for water consumption in excess of the limits specified in the various conservation phases reflect, and will reimburse the City for, surcharges imposed by MWD for deliveries in excess of allocations. These surcharges combined with penalties for excess consumption and activities which waste water are necessary to insure the maximum beneficial use of an 2 extremely limited resource. Restrictions on the use of revenue derived from surcharges and penalties will insure the lowest feasible basic water rate and the development of new sources of water to supplement MWD allocations in the future. 14.16.020 Definitions. • A. "Base" means the amount of water, expressed in Billing Units, used by a Customer during one of the six (6) Base Periods. B. "Basic Water Rate" shall mean the charge for water, expressed in terms of billing units, established pursuant to Section 14.12.090 of the Newport Beach Municipal Code. C. "Base Period" means one of six (6) billing periods used for calculating compliance with the water conservation requirements of this ordinance. The Base Periods for the four billing groups within the City of Newport Beach are as specified below: Group I: June 8, 1989 to August 10, 1989 August 10, 1989 to October 10, 1989 October 10, 1989 to December 7, 1989 December 7, 1989 to February 8, 1990 February 8, 1990 to April 6, 1990 • April 6, 1990 to June 7, 1990 Group II: June 15, 1989 to August 15, 1989 August 15, 1989 to October 19, 1989 October 19, 1989 to December 14, 1989 December 14, 1989 to February 15, 1990 February 15, 1990 to April 12, 1990 April 12, 1990 to June 20, 1990 Group III: July 13, 1989 to September 13, 1989 September 13, 1989 to November 9, 1989 November 9, 1989 to January 11, 1990 January 11, 1990 to March 13, 1990 March 13, 1990 to May 10, 1990 May 10, 1990 to July 15, 1990 Group IV: July 19, 1989 to September 19, 1989 September 19, 1989 to November 13, 1989 November 13, 1989 to January 15, 1990 January 15, 1990 to March 19, 1990 March 19, 1990 to May 16, 1990 May 16, 1990 to July 20, 1990 is D. "Billing Period" means the time interval between two consecutive water meter readings taken for billing purposes. E. "Billing Unit" means 100 cubic feet of water (748 gallons). F. "Corresponding Base Period" shall mean the Base Period that best corresponds, in terms of number of days, to a Billing 3 Period that occurs during any conservation phase described in Section 14.16.050. G. Customer" shall mean any person, group of two or more persons, partnership, corporation, trust, association, or entity, receiving water service from the City of Newport Beach. H. "MWD" shall mean Metropolitan Water District. • I. "Person" shall mean any person, group of persons, corporation, partnership, trust, or business entity not receiving water service from the City of Newport Beach. J. "Surcharge" shall mean the additional charges (over and above the Basic Water Rate) imposed for consumption in excess of that permitted during any conservation phase and as specified in Section 14.16.060. K. "Water Consumption Restrictions" shall mean those provisions of Section 14.16.050 which require Customers to reduce the amount of water consumed during current Billing Periods in relation to the corresponding Base Period. L. "Water Usage Restrictions" shall mean those provisions of • Section 14.16.045 and 14.16.050 which prohibit certain uses of water. M. "Water" shall mean potable water. 14.16.030 Prohibitions. A. No Customer shall use, or permit the use of, water supplied by the City of Newport Beach in a manner contrary to the restrictions imposed by any conservation phase then in effect. B. For the purpose of this Ordinance, the use of water by a tenant, employee, agent, contractor, representative, or person acting on behalf of a customer, shall be imputed to the Customer. is 14.16.040 Conservation Phase Implementation. A. The Utilities Director shall periodically monitor and evaluate the projected supply and demand for water by Customers and shall recommend to the City Council implementation of a conservation phase appropriate under then current circumstances. H The City Council shall consider the recommendation at a regularly scheduled public meeting and, after hearing such testimony as may be relevant, implement the appropriate conservation phase by resolution. The provisions of the conservation phase shall become effective upon publication of the resolution in a daily newspaper of general circulation provided, however, the consumption reduction • provisions shall take effect as of the first full billing period commencing on or after the effective date of the resolution. B. In the event MWD publicly expresses the intention to reduce water allocations in a manner that would effect the amount supplied to the City of Newport Beach, the City Manager may implement a conservation phase by publication of a notice to that effect in a daily newspaper of general circulation. The order of the City Manager shall become effective upon publication and shall terminate in thirty (30) days or the publication of a resolution of the City Council implementing the same or different conservation phase, whichever shall first occur. C. Except for the automatic termination provisions in the • case of implementation by the City Manager, a resolution implementing a water conservation phase shall remain in full force and effect until repealed by the City Council, or until a subsequent resolution implementing a different conservation phase becomes effective. D. The Utilities Director shall, subsequent to the adoption of a resolution implementing any water conservation phase, provide periodic reports to the City Council regarding compliance with the requirements of the water conservation phase, current and anticipated allocations of water from MWD, and any change in circumstances that could warrant a position of more stringent measures or relaxation of measures then in effect. 14.16.045 Permanent Water Usage Restrictions. 1. No Person or Customer shall use water to wash any sidewalk, walkway, driveway, parking area or any other hard surface. 5 2. No Person or Customer shall use water to clean, fill, or maintain levels in decorative fountains, ponds, lakes, or other purely aesthetic facilities, however, water may be used to fill or maintain levels if all liquid is recirculated. 3. No restaurant, hotel, cafe, cafeteria or other public •place where food is sold, served or offered for sale shall serve drinking water to any person unless pursuant to an express request. 4. No Person or Customer shall permit water to leak from any pipe or facility connected to the meter or meters which measures the amount of water for which a Customer is obligated to pay the City. 5. No Person or Customer shall water or irrigate any lawn, landscaping or other vegetation in a manner that causes or allows excess water to flow or run off onto an adjoining sidewalk, driveway, street, gutter or ditch. 6. No Person shall use water for construction purposes with respect to any project that requires a grading permit without first having submitted a construction water plan to, and obtaining • approval from, the Utilities Director. 14.16.050 Water Conservation Phases. A. Phase 1. Voluntary Ten Percent (10 %) Reduction. Each Customer shall use their best efforts, without U mandatory restrictions, to use ninety percent (90 %) or less of the water consumed during the Base Period for that Customer's group. B. Phase 2. Mandatory Ten Percent (10 %) Cut -Back. No Customer shall, during any Billing Period, consume more than ninety percent (90 %) of the water consumed during the corresponding Base Period. C. Phase 3. Mandatory Fifteen Percent (15 %) Cut -Back. No Customer shall, during any Billing Period, consume more than Eighty -five percent (85 %) of the water consumed during the corresponding Base Period. D. Phase 4. Mandatory Twenty Percent (20 %) Cut -Back. 1. No Customer shall, during any Billing Period, consume 6 more than Eighty percent (80 %) of the water consumed during the corresponding Base Period. 2. No Customer shall use water to wash all or any portion of a structure, motor vehicle, trailer, boat, facility or equipment, except with a hand -held bucket with a capacity of five gallons or less, or a hose equipped with a positive shut -off • nozzle. 3. No Customer shall use water to wash any sidewalk, walkway, driveway, parking area or other hard surface. 4. No person shall water or irrigate any lawn, soil, landscaping or vegetation between the hours of 10:00 a.m. and 4:00 p.m. E. Phase 5. Mandatory Twenty -Five Percent (25 %) Cut -Back. 1. No Customer shall, during any Billing Period, consume more than seventy -five percent (75 %) of the water consumed during the corresponding Base Period. 2. No Customer shall use water to wash all or any • portion of a structure, motor vehicle, trailer, boat, facility or equipment, except in accordance with the following: (a) Washing shall be done only with a hand -held bucket with a capacity of five (5) gallons or less, or a hose equipped with a positive shut -off nozzle; and (b) Washing is permitted only on the days specified for watering or irrigation of lawns and landscaping as specified in Subsection 3. 3. No person shall water or irrigate any lawn, soil, landscaping or vegetation, except in accordance with the following: (a) Customers with odd numbered addresses shall water only on Tuesdays, Thursdays, and Saturdays. (b) Customers with even numbered addresses shall water only on Mondays, Wednesdays, and Fridays. (c) Watering is permitted only between the hours of 4:00 p.m. and 10:00 a.m. No watering or irrigation is permitted between the hours of 10:00 a.m. and 4:00 p.m. 7 F. Phase 6. Mandatory Thirty Percent (30 %) Cut -Back. 1. No Customer shall, during any Billing Period, consume more than seventy percent (70 %) of the water consumed during the corresponding Base Period. 2. No Customer shall use water to wash all or any portion of a structure, motor vehicle, trailer, boat, facility or equipment, except in accordance with the following: (a) Washing shall be done only with a hand -held bucket with a capacity of five (5) gallons or less, or a hose equipped with a positive shut -off nozzle; and (b) Washing is permitted only on the days specified for watering or irrigation of lawns and landscaping as specified in Subsection 3. 3. No person shall water or irrigate any lawn, soil, landscaping or vegetation, except in accordance with the following: (a) Customers with odd numbered addresses shall water only on Tuesdays and Fridays. (b) Customers with even numbered addresses shall water • only on Mondays and Thursdays. (c) Watering is permitted only between the hours of 4:00 p.m. and 10:00 a.m. Watering or irrigation is prohibited between the hours of 10:00 a.m. and 4:00 p.m. G. Phase 7. Mandatory Thirty -Five Percent (35 %) Cut -Back. 1. No Customer shall, during any Billing Period, consume more than sixty -five percent (65 %) of the water consumed during the corresponding Base Period. 2. No Customer shall use water to wash all or any portion of a structure, motor vehicle, trailer, boat, facility or equipment, except in accordance with the following: (a) Washing shall be done only with a hand -held bucket with a capacity of five (5) gallons or less, or a hose equipped with a positive shut -off nozzle; and (b) Washing is permitted only on the days specified for watering or irrigation of lawns and landscaping as specified in 8 Subsection 3. 3. No person shall water or irrigate any lawn, soil, landscaping or vegetation, except in accordance with the following: (a) Customers with odd numbered addresses shall water only on Tuesdays. (b) Customers with even numbered addresses shall water • only on Wednesdays. (c) Watering is permitted only between the hours of 6:00 p.m. and 6:00 a.m. Watering or irrigation is prohibited between the hours of 6:00 a.m. and 6:00 p.m. (d) Trees may also be watered on Sundays. H. Phase 8. Mandatory Forty Percent (40 %) Cut -Back. 1. No Customer shall, during any Billing Period, consume more than sixty percent (60 %) of the water consumed during the corresponding Base Period. 2. No Customer shall use water to wash all or any portion of a structure, motor vehicle, trailer, boat, facility or • equipment, except in accordance with the following: (a) Washing shall be done only with a hand -held bucket with a capacity of five (5) gallons or less, or a hose equipped with a positive shut -off nozzle; and (b) Washing is permitted only on the days specified for watering or irrigation of lawns and landscaping as specified in Subsection 3. 3. No person shall water or irrigate any lawn, soil, landscaping or vegetation, except in accordance with the following: (a) Customers with odd numbered addresses shall water only on 1st and 3rd Tuesdays. (b) Customers with even numbered addresses shall water only on 1st and 3rd Wednesdays. (c) Watering is permitted only between the hours of 6:00 p.m. and 6:00 a.m. Watering or irrigation is prohibited between the hours of 6:00 a.m. and 6:00 p.m. (d) Trees may also be watered on Sundays, but only by 9 use of a hand -held bucket. I. Phase 9. Mandatory Forty -Five Percent (45 %) Cut -Back. 1. No Customer shall, during any Billing Period, consume more than fifty -five percent (55 %) of the water consumed during the corresponding Base Period. is 2. No Customer shall use water to wash all or any portion of a structure, motor vehicle, trailer, boat, facility or equipment, except in accordance with the following: (a) Washing shall be done only with a hand -held bucket with a capacity of five (5) gallons or less, or a hose equipped with a positive shut -off nozzle; and (b) Washing is permitted only on the days specified for watering or irrigation of lawns and landscaping as specified in Subsection 3. 3. No person shall water or irrigate any lawn, soil, landscaping or vegetation, except in accordance with the following: (a) Customers with odd numbered addresses shall water • only on 1st Tuesday. (b) Customers with even numbered addresses shall water only on 1st Wednesday. (c) Watering is permitted only between the hours of 10:00 p.m. and 6:00 a.m. Watering or irrigation is prohibited between the hours of 6:00 a.m. and 10:00 p.m. (d) Trees may also be watered on Sundays, but only by use of a hand -held bucket. J. Phase 10. Mandatory Fifty Percent (50 %) Cut -Back. 1. No Customer shall, during any Billing Period, consume more than fifty percent (50 %) of the water consumed during the corresponding Base Period. 2. Watering or irrigation of plants, landscaping, vegetation or soil is prohibited, provided, however, plants, trees and shrubs may be watered by means of a hand -held bucket. 3. No person shall fill any pool, spa, decorative 10 fountain, pond, lake or any body of water. 14.16.060 Surcharges. A. The surcharges imposed by this Section reflect, in part, additional charges imposed by MWD on the City of Newport Beach for the purchase of water in excess of permitted allocations. The • surcharges are also intended to supplement penalties for violating water consumption restrictions by dramatically increasing the cost of water as consumption extends permitted thresholds. B. Customer shall pay the surcharges specified in this Section for all water consumed in excess of the water consumption restrictions (Phases 2 through 10, inclusive), specified in Section 14.16.050. The surcharge shall be Ninety -one Cents ($.91) per Billing Unit for the first Ten Percent (10 5.1-) increment in excess of the ration level and an additional Ninety -one Cents ($.91) for each subsequent Ten Percent (10 %) increment above the ration level. For example, Phase 6 requires Customers to use no more than 70% of the water consumed during the corresponding Base Period. A Customer • using 45 Billing Units when assigned a ration level of 32 Billing Units would pay the following: 32 Units @ $1.05 (Basic Water Rate) 4 Units @ $1.96 ($1.05 + $0.91) 4 Units @ $2.87 ($1.05 + $1.82) 4 Units @ $3.78 ($1.05 + $2.73) 1 Unit @ $4.69 ($1.05 + $3.64) 45 Units Total $33.60 $ 7.84 $11.48 $15.12 $ 4.69 $72.73 The following surcharge shall be imposed on the Customer's next water bill and shall be in addition to the Basic Water Rate. 14.16.070 Exemptions. Is A. The provisions of this Ordinance shall not apply to the following activities of a public entity: 1. The filling, operation and maintenance of a swimming pool open to the public. 11 2. The washing of refuse, sanitation and service vehicles owned and operated by a public entity to the extent necessary to insure public health, safety and welfare. B. The provisions of this Ordinance which restrict the watering or irrigation of landscaping vegetation, and soil, and those provisions which require the reduction of consumption shall • not be applicable to customers who have participated in a Fuel Load Modification Program and have received an exemption from the Utilities Director. The Utilities Director shall grant only that exemption necessary to mitigate the impacts of participation in the Fuel Load Modification Program such as, the need to irrigate replacement vegetation. C. The provisions of this Ordinance which restrict the watering or irrigation of lawns, landscaping, vegetation and soil shall not apply to commercial nurseries or other businesses whose main stock and trade consists of plants and vegetation. Provided, however, this exemption is applicable only to those businesses which submit a water conservation plan to, and obtain the approval • of, the Utilities Director. The Utilities Director shall approve a water conservation plan submitted pursuant to this Subsection only if the plan proposes the maximum feasible reduction in consumption. D. The provisions of this Ordinance that restrict the washing of vehicles, boats, and mobile equipment shall not apply to any car wash, auto detailer, or similar business that has applied for and received approval of, an exemption from the Utilities Director. The Utilities Director shall grant an exemption only if the plan provides for recirculation or recycling of water or otherwise proposes the maximum feasible reduction in consumption. 0 E. The provisions of this Ordinance that require Customers to reduce their consumption by specified percentages shall not apply to reduce consumption below levels necessary to maintain health, safety and sanitation as determined by the Utilities Director. 12 14.16.080 Relief from compliance. A. Intent and Purpose. The City Council recognizes that water consumption can increase or decrease because of factors unrelated to wasteful water use practices. Many customers have installed water - saving devices and adopted water conservation practices that make it difficult to achieve the additional • reductions required by this Ordinance. This Section recognizes that base adjustments may be necessary to insure that application of this Ordinance to any particular Customer does not produce unjust or inequitable results. As a general rule, the Utilities Director should not grant relief to any Customer for any reason in the absence of a showing that the Customer has achieved the maximum practical reduction in water consumption other than in the specific area or areas for which relief is requested. B. Procedures. An application for relief from the provisions of this Ordinance may be filed by any Customer with the Utilities Director. The application shall be submitted on a form supplied by the Utilities Department. The application must be • filed within ninety (90) days after the effective date of this ordinance or ninety (90) days after implementation of the then current conservation phase, whichever shall occur last. The Utilities Director shall approve or disapprove the application for relief within fifteen (15) days after it is filed and deemed complete. C. Factors. In determining whether relief should be granted, the Utilities Director shall consider all relevant factors including, but not limited to, the following: 1. Whether compliance with the consumption and reduction provisions then in effect would result in unemployment or layoff of workers; 2. Whether additional persons are living or working in the structure or structures served by the meter or meters for which Customer is responsible; 3. Whether Customer had, during all or a portion of the Base Period, reduced consumption from prior years through the use 13 of water conservation practices; 4. Whether any current or anticipated increase in production or manufacturing will require additional water; 5. The extent to which irrigation or watering of landscaping has been made necessary by compliance with Fuel Load Modification Programs; • 6. The extent to which Customer needs to use water to mitigate any emergency health or safety hazards; 7. The absence of one or more persons from the structure or structures served by the meter during all or a portion of the Base Period; 8. The special needs and characteristics of hospitals, clinics and other medical care facilities. D. Agreement. The Utilities Director is empowered to enter into an agreement with any Customer to resolve the application for relief. The agreement shall be memorialized in a writing signed by the Customer. The agreement shall fix the rights of the Customer and the City. The Customer shall have no further right to seek • relief pursuant to the provisions of this Section. E. Final Decision. The Utilities Director shall notify the Customer of the decision on the application for relief by mailing notice of the decision to the Customer, first class, postage pre- paid, to the address specified on the application. The decision of the Utilities Director shall be final. F. Willful Misrepresentation. Notwithstanding any other provision of law, no person shall make any willful misrepresentation of a material fact with respect to any application for relief submitted pursuant to this Section. Any violation of the provisions of this Subsection shall be considered a misdemeanor, punishable as otherwise provided in this Code. 14.16.090 Failure to Comply. A. Penalties. The penalties specified in this Section are exclusive and the other penalty provisions of this Code are inapplicable. 14 1. The following penalties shall be imposed for each violation of the General Water Usage Restrictions contained in Section 14.16.045: (a) For the first and second violations, the Utilities Director shall issue a written notice of violation to the Customer or person. (b) For a third violation by any Customer within any twelve (12) month period, a penalty in the sum of Fifty Dollars ($50.00) shall be added to the Customer's water bill. The third violation by any person within a twelve (12) month period shall constitute an infraction, punishable by a fine of Fifty Dollars ($50.00) . (c) For a fourth and any subsequent violation by any Customer within any twelve (12) month period, a penalty in the sum of One Hundred and Fifty Dollars ($150.00) shall be added to the Customer's water bill. The fourth and any subsequent violation by a person during any twelve (12) month period shall constitute an infraction, punishable by a fine of One Hundred and Fifty Dollars is($150.00 ). (d) In addition to the penalties specified in Subsection (c) , upon a fourth violation, the Utilities Director may install a flow restrictor on the meter or meters for which a Customer is responsible and which are connected to the facility from which water was discharged in violation of Section 14.16.045. 2. Consumption Restrictions. The following penalties shall be imposed for each violation of the conservation phase restrictions then in effect: (a) For the first and second violations by any Customer, the Utilities Director shall send a written notice of violation to the Customer. (b) For the third violation, a penalty shall be added to the Customer's next water bill in accordance with the schedule specified below. The third violation by any person shall constitute an infraction with a fine imposed in accordance with the 15 schedule specified below: V 1. Meter with 3/4 inch service - $50.00 2. Meter with 1 inch service - $100.00 3. Meter with 1 -1/2 inch service - $150.00 4. Meter with 2 inch service - $200.00 5. Meter with 4 inch service - $35100 6. Meter with service larger than 4 inches - $500,00 (c) For a fourth violation by any Customer, the penalties specified in Subsection (b) shall be doubled and added to the Customer's next water bill. (d) The Utilities Director may install a flow restrictor upon or after the fourth violation by any Customer. The flow restrictor shall be placed on Customer's meter or meters that registered the excessive consumption or which were connected to the facility used to illegally discharge water. Customer may apply to the Utilities Director for removal of the flow restrictor within sixty (60) days after installation, provided the Customer pays Fifty Dollars ($50.00) for removal. • B. Notice. Prior to the imposition of an penalties or P Y P surcharge pursuant to this Section and a right to a hearing to contest the validity of any such penalty and surcharge. Notice shall be deemed given when personally delivered to the Customer or when deposited in the United States mail, first class postage pre- paid, and addressed in the same manner as normal water billings. Notices relative to the violation of water consumption reduction requirements imposed by conservation phases may be given by specifying the violation, the facts supporting the violation, and the Customer's right to a hearing in a conspicuous place on the first water bill sent to the Customer for the Billing Period during is which the violation occurred. If the penalty assessed is, or includes, the installation of a flow restrictor or the termination of water service, notice of the violation shall, in addition to that specified above, be posted in a conspicuous place on the property served by the meter or meters which recorded the excessive 16 consumption or were connected to the facility from which water was illegally discharged. C. Hearing. Any Customer against whom a penalty is levied pursuant to this Section shall have a right to hearing. The Customer shall be entitled to be represented by an individual of • their choice, to present oral and documentary evidence in support of their appeal, and to review and comment on all evidence offered to establish the violation. 14.16.100 Applicability. The provisions of this Ordinance shall be applicable to persons who receive water from agencies or entities other than the City of Newport Beach, and any water agency or water district serving residents of the City of Newport Beach shall enforce the provisions of this Ordinance. SECTION 2: Emergency Ordinance No. 91 -3 is hereby • repealed. SECTION 3: Severability. The City Council of the City of Newport Beach hereby declares that should any section, paragraph, sentence or word of this Ordinance be declared, for any reason, to be invalid, it is the intent of the Council that it would have passed all other portions of this Ordinance independent of the portion declared invalid. SECTION 4: Savings Clause. Neither the adoption of this Ordinance nor the repeal of any other ordinance of the City shall, in any manner, affect the prosecution for violations of ordinances committed prior to the effective date of the adoption or repeal, nor be construed as a waiver of any of the penalty or penal provisions applicable to such violation. The provisions of this Ordinance, to the extent they are substantially the same as ordinances previously adopted by the City and relating to the same 17 subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 5: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 25th •day of March , 1991, and adopted on the 8 th day of April , 1991, by the following vote, to wit: AYES, COUNCILMEMBERS HEDGES, WATT, TURNER, SANSONE, HART, COX, PLUMMER NOES, COUNCILMEMBERS NONE 0 1 ABSENT COUNCILMEMBERS NONE ATTaST: LER /1 N • 18