Ordinances regulating water conservation and the city’s
drought contingency plan are available upon request at the office
of the city secretary.
(2008 Code, pt. II, art. 15, sec. 2)
(a)
A person commits an offense if the person irrigates, waters, or knowingly
or recklessly causes or allows the irrigation or watering of any lawn
or landscape located on any property owned, leased, or managed by
the person between the hours of 10:00 a.m. and 6:00 p.m. from April
1 through October 31 of any year.
(b)
Any person commits an offense if he knowingly or recklessly irrigates,
waters, or causes or permits the irrigation or watering of a lawn
or landscape located on premises owned, leased, or managed by the
person in a manner that causes:
(1)
Over-watering of lawn or landscape, such that a constant stream of
water overflows from the lawn or landscape onto a street or other
drainage area.
(2)
Irrigating of lawn or landscape during any form of precipitation
or during freezing conditions.
(3)
Irrigation of impervious surfaces or other non-irrigated areas, wind-driven
water drift taken into consideration.
(d)
A person commits an offense if the person knowingly or recklessly
allows the irrigation or watering of any lawn or landscape located
on any property owned, leased, or managed by the person more than
two days per week from April 1 through October 31 of any year. Additional
watering of landscape may be provided by hand-held hose with shutoff
nozzle, use of dedicated irrigation drip zones, and/or soaker hose
provided no runoff occurs.
(e)
A person commits an offense if the person knowingly or recklessly
allows the irrigation or watering of any lawn or landscape located
on any property owned, leased, or managed by the person more than
one day per week beginning November 1 and ending March 31 of any year.
Additional watering of landscape may be provided by hand-held hose
with shutoff nozzle, use of dedicated irrigation drip zones, and/or
soaker hose provided no runoff occurs.
(Ordinance 70-2003 adopted 4/22/03; Ordinance 659-2014 adopted 6/10/14; 2008 Code,
pt. II, art. 8, sec. 16)
(a)
Any new irrigation system installed within the city on or after May
1, 2003, must be equipped with rain sensing devices and freeze gauges,
and/or ET or smart controllers in compliance with state design and
installation regulations. ET or smart controllers are irrigation controllers
that adjust their schedule and run times based on weather (ET) data.
These controllers are designed to replace the amount of water lost
to evapotranspiration. Evapotranspiration, abbreviated as “ET”,
represents the amount of water lost from plant material to evaporation
and transpiration. The amount of ET can be estimated based on the
temperature, wind, and relative humidity.
(b)
A person commits an offense if, on premises owned, leased, or managed
by him, he:
(Ordinance 70-2003 adopted 4/22/03; Ordinance 659-2014 adopted 6/10/14; 2008 Code,
pt. II, art. 8, sec. 16.02)
A person commits an offense if the person knowingly or recklessly
fills or refills any natural or man-made pond located on any property
owned, leased, or managed by the person by introducing any treated
water to fill or refill the pond. This does not restrict the filling
or maintenance of pond levels by the effect of natural water runoff
or the introduction of well water into the pond. A pond is considered
to be a still body of water with a surface area of 500 square feet
or more.
(Ordinance 70-2003 adopted 4/22/03; Ordinance 659-2014 adopted 6/10/14; 2008 Code,
pt. II, art. 8, sec. 16.03)
A person commits an offense if the person knowingly or recklessly
washes a vehicle without using a water hose with a shut-off nozzle
on any property owned, leased, or managed by the person.
(Ordinance 70-2003 adopted 4/22/03; Ordinance 659-2014 adopted 6/10/14; 2008 Code,
pt. II, art. 8, sec. 16.04)
The city manager or his designee may, in special cases, grant
variances from the provisions of this division to persons demonstrating
extreme hardship and need. Variances may be granted under the following
circumstances and conditions:
(1)
The applicant must sign a compliance agreement on forms provided
by the city, and approved by the city attorney, agreeing to irrigate
or water a lawn or landscape only in the amount and manner permitted
by the variance;
(2)
Granting of a variance must not cause an immediate significant reduction
in the city’s water supply;
(3)
The extreme hardship or need requiring the variance must relate to
the health, safety, or welfare of the person requesting it; and
(4)
The health, safety, and welfare of other persons must not be adversely
affected by granting the variance.
(Ordinance 70-2003 adopted 4/22/03; Ordinance 659-2014 adopted 6/10/14; 2008 Code,
pt. II, art. 8, sec. 16.05)
The city manager or his designee may revoke a variance granted
when the she or she determines that:
(2)
The terms of the compliance agreement are being violated; or
(3)
The health, safety, or welfare of other persons requires revocation.
(Ordinance 70-2003 adopted 4/22/03; Ordinance 659-2014 adopted 6/10/14; 2008 Code,
pt. II, art. 8, sec. 16.06)
Any person, firm, corporation or business entity violating this division shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum in accordance with the general penalty provided in section 1.01.009 of this code, unless otherwise specifically set forth in this code. Each continuing day’s violation under this division shall constitute a separate offense. The penal provisions imposed under this section shall not preclude the city from filing suit to enjoin the violation. The city retains all legal rights and remedies available to it pursuant to local, state and federal law.
(Ordinance 70-2003 adopted 4/22/03; Ordinance 659-2014 adopted 6/10/14; 2008 Code,
pt. II, art. 8, sec. 16.07; Ordinance adopting 2019
Code)
