Southland city bars restaurants from offering water to customers

Martin Hill

The City of Seal Beach, CA, recently passed a 'water conservation ordinance' which, among other things, allows city officials to install water-restricting devices onto private homes, regulate the washing of cars at private residences, and bans resturants within city limits from offering patrons water.

It's all under the guise of their well being, of course. Big brother is your sweet papa! Known as Ordinance Number 1586, the law includes a number of detailed provisions regulating people's behavior.

Section 9.35.095 begins "The water conservation requirements set forth in this Chapter are effective at all times and are applicable unless repealed by the City Council. Violations of this Chapter shall be considered waste and an unreasonable use of water".

Section 9.35.100 states that each water user shall repair any indoor or outdoor leak promptly.

Section 9.35.110 bars people from watering their lawns and gardens between 9 a.m. and 5 p.m.

9.35.115 explains that they can water for no longer than 15 minutes.

9.35.120 covers Service of Water at Restaurants: "Restaurants shall not offer water service and shall serve water only to a customer that specifically requests water".

9.35.140 governs the washing of cars at homes, but not commercial car washes.

The council outlined 3 phases of 'Water Supply Shortages', defined as they put it, "when the city council determines, in its sole discretion, that due to drought or other water supply conditions, a severe water supply shortage or threatened shortage exists".

They go on to explain that people may apply for relief from the measures if they fill out a city provided form and pay a fee, the amount of which, currently undisclosed, is to be determined by the city.

No law is complete without enforcement provisions and penalties, of course. The first violation warrants a 'written notice' by the 'director'. The second violation will garner a surcharge in an amount equal to 15% of the violator's water bill. The third violation allows the director to install a flow restricting device at the premises, at expense of the resident. The charged may file a written appeal in a timely manner, again with an appeal fee attached, but as section 9.35.170 (3)(C) points out, "The Director’s decision on the appeal shall be final".

Nothing is noted as to what defines or who appoints the "Director", or how the person issuing the violation can be rightfully considered an impartial judge in an appeal. The law was approved unanimously by Mayor Gordon Shanks and council members Antos, Levitt, Miller and Sloan.

The intrusion of local government into such petty matters as water usage is by no means limited to California; There seems to be no rhyme or reason to it, whether it's using too much water or not watering enough, the heavy hand of government will be there. A 70 year old grandma in Utah was arrested and taken to jail after she did not water her lawn. San Antonio TX started a 'ticket bltz' after residents refused to comply with water restrictions. In Massachusetts, people are ticketed for having grass too long In Sacramento, people have been barred for years from growing edible food in front yard but not in the back, but this has recently been reversed.

With a purported water shortage, you'd think the state would allow people alternative options which would conserve water, such as using "gray water" for irrigation. Gray water, defined in the California Plumbing Code Appendix G, is untreated wastewater which has not come into contact with toilet waste, including water from bathtubs, showers, bathroom wash basins, washing machines. It does not include water from kitchen sinks, dishwashers or laundry water from soiled diapers.

The California legislature effectively eliminated the usage of gray water systems, according to critics, by making it nearly impossible to comply with their restrictive regulations. Congress is getting in the act, moving to further regulate all water usage.

Across the country, lead, arsenic, feces and all other sorts of toxins have been found in water, making people sick. Marines in North Carolina have come down with breast cancer and claim it's because of poison water they were exposed to.

Perhaps after examining all the evidence, the people of Seal Beach might be glad not to be offered water. But ultimately, it should be the restaurants choice to offer it.

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