(a)
In order to conserve the available water supply and protect the integrity
of water supply facilities, with particular regard for domestic water
use, sanitation, and fire protection, and to protect and preserve
public health, welfare, and safety and minimize the adverse impacts
of water supply shortage or other water supply emergency conditions,
the city hereby adopts the following regulations and restrictions
on the delivery and consumption of water.
(b)
Water uses regulated or prohibited under this drought contingency plan (the plan) are considered to be nonessential, and continuation of such uses during times of water shortage or other emergency water supply conditions is deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in the general penalty provision in section 1.01.009 of this code.
(1994 Code, sec. 11.1301)
Opportunity for the public to provide input into the preparation
of the plan was provided by the city by means of a public meeting.
(1994 Code, sec. 11.1302)
The city will periodically provide the public with information
about the plan, including information about the conditions under which
each stage of the plan is to be initiated or terminated and the drought
response measures to be implemented in each stage. This information
will be provided by means of press releases.
(1994 Code, sec. 11.1303)
The service area of the city is located within the Houston Region/San
Jacinto River Authority, and the city has provided a copy of this
plan to the Houston Region/San Jacinto River Authority.
(1994 Code, sec. 11.1304)
The city administrator or his/her designee is hereby authorized
and directed to implement the applicable provisions of this plan upon
determination that such implementation is necessary to protect public
health, safety and welfare. The city administrator, or his/her designee,
shall have the authority to initiate or terminate drought or other
water supply emergency response measures as described in this plan.
(1994 Code, sec. 11.1305)
The provisions of this plan shall apply to all persons, customers,
and property utilizing water provided by the city. The terms “person”
and “customer” as used in the plan include individuals,
corporations, partnerships, associations and all other legal entities.
(1994 Code, sec. 11.1306)
For the purposes of this plan, the following definitions shall
apply:
Water use for ornamental or decorative purposes such as fountains,
reflecting pools, and water gardens.
Water use which is integral to the operations of commercial
and nonprofit establishments and governmental entities such as retail
establishments, hotels and motels, restaurants, and office buildings.
Those practices, techniques and technologies that reduce
the consumption of water, reduce the loss or waste of water, improve
the efficiency in the use of water or increase the recycling and reuse
of water so that a supply is conserved and made available for future
or alternative uses.
Any person, company, or organization using water supplied
by the city.
Water used for personal needs or for household or sanitary
purposes such as drinking, bathing, heating, cooking, or sanitation,
or for cleaning a residence, business, industry, or institution.
Street addresses, box numbers, or rural postal route numbers
ending in 0, 2, 4, 6, or 8, and locations without addresses.
The use of water in processes designed to convert materials
of lower value into forms having greater usability and value.
Water used for the irrigation and maintenance of landscaped
areas, whether publicly or privately owned, including residential
and commercial lawns, gardens, golf courses, parks, and rights-of-way
and medians.
Water uses that are not essential nor required for the protection
of public health, safety, and welfare, including:
Irrigation of landscape areas, including parks, athletic fields,
and golf courses, except as otherwise provided under this plan;
Use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane or other vehicle;
Use of water to wash down any sidewalks, walkways, driveways,
parking lots, tennis courts, or other hard-surfaced areas;
Use of water to wash down buildings or structures for purposes
other than immediate fire protection;
Flushing gutters or permitting water to run or accumulate in
any gutter or street;
Use of water to fill, refill, or add to any indoor or outdoor
swimming pools or Jacuzzi-type pools;
Use of water in a fountain or pond for aesthetic or scenic purposes
except where necessary to support aquatic life;
Failure to repair a controllable leak(s) within a reasonable
period after having been given notice directing the repair of such
leak(s); and
Use of water from hydrants for construction purposes or any
other purposes other than firefighting.
Street addresses, box numbers, or rural postal route numbers
ending in 1, 3, 5, 7, or 9.
(1994 Code, sec. 11.1307)
The city administrator or his/her designee shall monitor water
supply and/or demand conditions on a daily basis and shall determine
when conditions warrant initiation or termination of each stage of
the plan, that is, when the specified “triggers” are reached.
The triggering criteria described below are based on known system
capacity limits.
(1)
Stage 1 triggers - Mild water shortage conditions.
(A)
Requirements for initiation.
Customers shall be requested to voluntarily conserve water and adhere to the prescribed restrictions on certain water uses defined in section 13.07.007 (definitions) when total daily water consumption reaches 85% of the total pumping capacity of water wells.
(B)
Requirements for termination.
Stage 1 of the plan may
be rescinded when all of the conditions listed as triggering events
have ceased to exist for a period of seven (7) consecutive days.
(2)
Stage 2 triggers - Moderate water shortage conditions.
(A)
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on certain nonessential water use provided in section 13.07.009 of this plan when total daily water consumption reaches 90% of the total pumping capacity of water wells.
(B)
Requirements for termination.
Stage 2 of the plan may
be rescinded when all of the conditions listed as triggering events
have ceased to exist for a period of seven (7) consecutive days. Upon
termination of Stage 2, Stage 1 becomes operative.
(3)
Stage 3 triggers - Critical/emergency water shortage conditions.
(A)
Requirements for initiation.
Customers shall be required
to comply with the requirements and restrictions on certain nonessential
water uses for Stage 3 of this plan when total daily water consumption
reaches 95% of the total pumping capacity of water wells or the city
administrator, or his/her designee, determines that a water supply
emergency exists based on:
(B)
Requirements for termination.
Stage 3 of the plan may
be rescinded when all of the conditions listed as triggering events
have ceased to exist for a period of seven (7) consecutive days.
(4)
Stage 4 triggers - Water allocation.
(A)
Requirements for initiation.
Customers shall be required to comply with the water allocation plan prescribed in section 13.07.009 of this plan and comply with the requirements and restrictions for Stage 3 of this plan when total daily water consumption reaches 95% of the total pumping capacity of water wells.
(B)
Requirements for termination.
Water allocation may be
rescinded when all of the conditions listed as triggering events have
ceased to exist for a period of seven (7) consecutive days.
(1994 Code, sec. 11.1308)
(a)
Notification.
The city administrator and his/her designee shall monitor water supply and/or demand conditions on a daily basis and, in accordance with the triggering criteria set forth in section 13.07.008 of this plan, shall determine that a mild, moderate, critical/emergency or water shortage condition exists and shall implement the following notification procedures:
(1)
Notification of the public.
The city administrator or
his/her designee shall notify the public by means of publication in
a newspaper of general circulation and/or signs posted in public areas.
(2)
Additional notification.
The city administrator or his/her
designee shall notify directly, or cause to be notified directly,
the following individuals and entities:
(A)
Mayor and city council.
(B)
Fire chief.
(C)
Police chief.
(D)
City and county emergency coordinators.
(E)
County judge and commissioners.
(F)
Department of public safety.
(G)
State commission on environmental quality (required when mandatory
restrictions are imposed).
(H)
Major water users.
(I)
Critical water users, i.e., hospitals.
(J)
Parks/street superintendents and public facilities managers.
(b)
Water use restrictions.
(1)
Stage 1 response - Mild water shortage conditions.
(2)
Stage 2 response - Moderate water shortage conditions.
(A)
Goal.
Achieve a 5 to 10 percent reduction in the
daily water demand.
(B)
Supply management measures.
Reduce or discontinue
flushing of water mains and irrigation of public landscaped areas.
(C)
Water use restrictions.
Under threat of penalty
for violation, the following water use restrictions shall apply to
all persons:
(i)
Irrigation of landscaped areas with hose-end sprinklers or automatic
irrigation systems shall be limited to Sundays and Thursdays for customers
with a street address ending in an even number (0, 2, 4, 6, 8), and
Saturdays and Wednesdays for water customers with a street address
ending in an odd number (1, 3, 5, 7, 9), and irrigation of landscaped
areas is further limited to the hours of 12:00 midnight until 10:00
a.m. and between 8:00 p.m. and 12:00 midnight on designated watering
days. However, irrigation of landscaped areas is permitted at any
time if it is by means of a hand-held hose, a faucet-filled bucket
or watering can of five (5) gallons or less, or drip irrigation system.
(ii)
Use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane, or other vehicle is prohibited except on designated watering
days between the hours of 12:00 midnight and 10:00 a.m. and between
8:00 p.m. and 12:00 midnight. Such washing, when allowed, shall be
done with a hand-held bucket or a hand-held hose equipped with a positive
shutoff nozzle for quick rinses. Vehicle washing may be done at any
time on the immediate premises of a commercial carwash or commercial
service station. Further, such washing may be exempted from these
regulations if the health, safety and welfare of the public is contingent
upon frequent vehicle cleansing, such as garbage trucks and vehicles
used to transport food and perishables.
(iii)
Use of water to fill, refill, or add to any indoor or outdoor
swimming pools, wading pools, or Jacuzzi-type pools is prohibited
except on designated watering days between the hours of 12:00 midnight
and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight.
(iv)
Operation of any ornamental fountain or pond for aesthetic or
scenic purposes is prohibited except where necessary to support aquatic
life or where such fountains or ponds are equipped with a recirculation
system.
(v)
Use of water from hydrants shall be limited to firefighting,
related activities, or other activities necessary to maintain public
health, safety, and welfare, except that use of water from designated
fire hydrants for construction purposes may be allowed under special
permit from the city.
(vi)
Use of water for the irrigation of golf course greens, tees
and fairways is prohibited except on designated watering days between
the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and
12:00 midnight. However, if the golf course utilizes a water source
other than that provided by the city, the facility shall not be subject
to these regulations.
(vii)
All restaurants are prohibited from serving water to patrons
except upon request of the patron.
(viii)
The following uses of water are defined as nonessential
and are prohibited:
a.
Wash-down of any sidewalks, walkways, driveways, parking lots,
tennis courts, or other hard-surfaced areas;
b.
Use of water to wash down buildings or structures for purposes
other than immediate fire protection;
c.
Use of water for dust control;
d.
Flushing gutters or permitting water to run or accumulate in
any gutter or street; and
e.
Failure to repair a controllable leak(s) within a reasonable
period after having been given notice directing the repair of such
leak(s).
(3)
Stage 3 response - Critical/emergency water shortage conditions.
(A)
Goal.
Achieve a 10 to 15 percent reduction in
daily water demand.
(B)
Supply management measures.
Discontinue flushing
of water mains and irrigation of public landscaped areas.
(C)
Water use restrictions.
All requirements of Stage
2 shall remain in effect during Stage 3 except:
(i)
Irrigation of landscaped areas shall be limited to designated
watering days between the hours of 6:00 a.m. and 10:00 a.m. and between
8:00 p.m. and 12:00 midnight and shall be by means of hand-held hoses,
hand-held buckets, or drip irrigation only. The use of hose-end sprinklers
or permanently installed automatic sprinkler systems is prohibited
at all times.
(ii)
Use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane or other vehicle not occurring on the premises of a commercial
carwash and commercial service stations and not in the immediate interest
of public health, safety and welfare is prohibited. Further, such
vehicle washing at commercial carwashes and commercial service stations
shall occur only between the hours of 6:00 a.m. and 10:00 a.m. and
between 6:00 p.m. and 10 p.m.
(iii)
The filling, refilling, or adding of water to swimming pools,
wading pools and Jacuzzi-type pools is prohibited.
(iv)
Operation of any ornamental fountain or pond for aesthetic or
scenic purposes is prohibited except where necessary to support aquatic
life or where such fountains or ponds are equipped with a recirculation
system.
(v)
No application for new, additional, expanded, or increased-in-size
water service connections, meters, service lines, pipeline extensions,
mains or water service facilities of any kind shall be approved, and
time limits for approval of such applications are hereby suspended
for such time as this drought response stage or a higher-numbered
stage shall be in effect.
(vi)
Irrigation of landscaped areas is absolutely prohibited.
(vii)
Use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane, or other vehicle is absolutely prohibited.
(4)
Stage 6 [4] response - Water allocation.
In the event
that water shortage conditions threaten public health, safety and
welfare, the city administrator is hereby authorized to allocate water
according to the following water allocation plan:
(A)
(B)
Master-metered multifamily residential customers.
(i)
Master meter usage will be determined under an individual basis
depending on the number of units in each complex and the area of the
complex. Customers with master meters will be notified by letter of
the allocation allowed.
(ii)
Master-metered multifamily residential customers shall pay the
following surcharges: $5.00 per 1,000 gallons over allocation.
(C)
Commercial/industrial customers.
(i)
A monthly water allocation shall be established by the city
administrator, or his/her designee, for each nonresidential commercial/industrial
customer. The nonresidential customer’s allocation shall be
approximately 50 percent of the customer’s usage for the corresponding
month’s billing period for the previous 12 months. If the customer’s
billing history is shorter than 12 months, the monthly average for
the period for which there is a record shall be used for any monthly
period for which no history exists. The customer’s billing history
will be furnished upon request. Upon request of the customer or at
the initiative of the city administrator, the allocation may be reduced
or increased if (1) the designated period does not accurately reflect
the customer’s normal water usage, or (2) other objective evidence
demonstrates that the designated allocation is inaccurate under present
conditions. A customer may appeal an allocation established hereunder
to the city administrator.
(ii)
Nonresidential commercial/industrial customers shall pay the
following surcharge: $5.00 per 1,000 gallons over allocation.
(1994 Code, sec. 11.1309)
(a)
No person shall knowingly or intentionally allow the use of water
from the city for residential, commercial, industrial, agricultural,
governmental, or any other purpose in a manner contrary to any provision
of this plan, or in an amount in excess of that permitted by the drought
response stage in effect at the time pursuant to action taken by the
city administrator or his/her designee in accordance with provisions
of this plan.
(b)
Any person who violates this plan is guilty of a misdemeanor and
upon conviction shall be punished by a fine assessed by the municipal
court judge. Each day that one or more of the provisions in this plan
is violated shall constitute a separate offense. If a person is convicted
of three or more distinct violations of this plan, the city administrator
shall, upon due notice to the customer, be authorized to discontinue
water service to the premises where such violation occurs. Services
discontinued under such circumstances shall be restored only upon
payment of a reconnection charge as set forth in the fee schedule,
and any other costs incurred by the city in discontinuing service.
In addition, suitable assurance must be given to the city administrator
that the same action shall not be repeated while the plan is in effect.
Compliance with this plan may also be sought through injunctive relief
in the district court.
(c)
Any person, including a person classified as a water customer of
the city, in apparent control of the property where a violation occurs
or originates shall be presumed to be the violator, and proof that
the violation occurred on the person’s property shall constitute
a rebuttable presumption that the person in apparent control of the
property committed the violation, but any such person shall have the
right to show that he/she did not commit the violation. Parents shall
be presumed to be responsible for violations of their minor children,
and proof that a violation committed by a child occurred on property
within the parent’s control shall constitute a rebuttable presumption
that the parent committed the violation, but any such parent may be
excused if he/she proves that he/she had previously directed the child
not to use the water as it was used in violation of this plan and
that the parent could not reasonably have known of the violation.
(d)
Any city police officer or code enforcement officer may issue a citation
to a person he/she reasonably believes to be in violation of this
article. The citation shall be prepared in duplicate and shall contain
the name and address of the alleged violator, if known, and the offense
charged, and shall direct him/her to appear in the city municipal
court on the date shown on the citation, for which the date shall
not be less than 10 days from the date the citation was issued. The
alleged violator shall be served a copy of the citation. Service of
the citation shall be complete upon delivery of the citation to the
alleged violator, to an agent or employee of a violator, or to a person
over 14 years of age who is a member of the violator’s immediate
family or is a resident of the violator’s residence. The alleged
violator shall appear in the city municipal court to enter a plea
of guilty or not guilty for the violation of this plan. If the alleged
violator fails to appear in municipal court, a warrant for his/her
arrest may be issued. A summons to appear may be issued in lieu of
an arrest warrant. These cases shall be expedited and given preferential
setting in municipal court before all other cases.
(1994 Code, sec. 11.1310; Ordinance
adopting Code)
(a)
The city administrator or his/her designee may in writing grant a
temporary variance for existing water uses otherwise prohibited under
this plan if it is determined that failure to grant such variance
would cause an emergency condition adversely affecting health, sanitation,
or fire protection for the public or the person requesting such variance
and if one or more of the following conditions are met:
(b)
Persons requesting an exemption from the provisions of this article
shall file a petition for variance with the city within 5 days after
the plan or a particular drought response stage has been invoked.
All petitions for variances shall be reviewed by the city administrator,
or his/her designee, and shall include the following:
(1)
Name and address of the petitioner(s).
(2)
Purpose of water use.
(3)
Specific provision(s) of the plan from which the petitioner is requesting
relief.
(4)
Detailed statement as to how the specific provision of the plan adversely
affects the petitioner or what damage or harm will occur to the petitioner
or others if the petitioner complies with this article.
(5)
Description of the relief requested.
(6)
Period of time for which the variance is sought.
(7)
Alternative water use restrictions or other measures the petitioner
is taking or proposes to take to meet the intent of this plan [and]
the compliance date.
(8)
Other pertinent information.
(c)
Variances granted by the city shall be subject to the following conditions,
unless waived or modified by the city administrator or his/her designee:
(d)
No variance shall be retroactive or otherwise justify any violation
of this plan occurring prior to the issuance of the variance.
(1994 Code, sec. 11.1311)
