(Ord. No. CSO#130-01-2015 , §
1, 1-20-2015)
(a)
Purpose
and scope.
The purpose of this section is to establish
the city's policy in the event of shortages or delivery limitations
in the city's water supply and to establish water restrictions to
be enforced in case of drought or emergency conditions. This section
applies to all persons and premises within the city using water from
the city's water system.
(c)
Authority.
The city manager, or his/her duly appointed representative,
is authorized to define the trigger conditions as detailed in the
adopted plan, to upgrade or downgrade the condition, to initiate the
appropriate actions as detailed in the adopted plan, and to terminate
the conditions when the emergency has ended. The city manager, or
his/her duly appointed representative, is authorized to enforce the
measures implemented and to promulgate regulations, not in conflict
with this section or state or federal laws, in aid of enforcement.
(d)
Initiation
or termination of stages.
Initiation or termination of
any stage of the plan may be done by one or more or all of the following:
(e)
Duration
of stage; change.
Any initiated stage of the plan will
remain in effect until the city manager, or his/her duly appointed
representative, determines that conditions that initiated the stage
have ended. If the stage is initiated because of excessive demands,
all initiated actions will remain in effect through September 30 of
the year in which they were triggered unless the city manager, or
his/her duly appointed representative, determines that conditions
exist that will allow termination of the stage before September 30
of said year.
(f)
Violation
of section.
A person commits an offense if he knowingly makes, causes or permits a use of water contrary to the measures implemented by the city manager, or his/her duly appointed representative, as prescribed in the plan. For purposes of this section, it is presumed that a person has knowingly made, caused or permitted a use of water contrary to the measures implemented if the mandatory measures have been formally ordered consistent with the terms of subsection (d), and:
(g)
Penalties
for violation.
Any person who violates, disobeys, omits,
neglects or refuses to comply with a measure implemented in accordance
with this section and the plan shall be subject to the following penalties
for each offense:
(1)
First offense.
A person who violates, disobeys, omits,
neglects or refuses to comply with a measure implemented in accordance
with this section and the plan shall be issued a written warning.
(2)
Second offense.
A person, who violates, disobeys, omits,
neglects or refuses to comply with a measure implemented in accordance
with this section and plan two times shall be cited and fined not
less than $250.00.
(3)
Third offense.
A person, who violates, disobeys, omits,
neglects or refuses to comply with a measure implemented in accordance
with this section and the plan three times shall be cited and fined
not less than $500.00.
(4)
Subsequent offenses.
A person convicted of violating,
disobeying, omitting, neglecting or refusing to comply with a measure
implemented in accordance with this section and the plan more than
three times shall be cited and fined not less than $750.00 for each
offense, and the city manager, or his/her duly appointed representative,
may authorize the discontinuance of water service to premises where
the violations occurred. Each day a person violates, disobeys, omits,
or refuses to comply with a measure implemented in accordance with
this section and the plan, shall constitute a new and separate violation.
Water service that has been discontinued consistent with the terms
of subparagraph (4) of this subsection will be restored only upon
payment of a reconnection fee as prescribed in the current city fee
schedule and any outstanding fines.
(h)
Variances.
The director of public works may grant and/or revoke variances
to the plan only under circumstances and conditions consistent with
the plan.
(i)
Appeal.
A decision by the director or public works to deny or revoke
a variance to the plan can be appealed by filing a written notice
of appeal with the city manager himself/herself. The written notice
of appeal must be filed within seven days after issuance of the duly
appointed representative's decision of denial or revocation. The city
manager's decision shall be final.
(j)
Authority
under other laws.
Nothing in this section shall be construed
to limit the authority of the mayor, the city council or the city
manager to seek emergency relief under the provisions of any state
or federal disaster relief act.
(Ord. No. CSO#130-01-2015, §
1, 1-20-2015)
(a)
This section applies to irrigation utilizing potable water from the City of Burleson's water distribution system unless more restrictive measures apply from section 82-14. Irrigation utilizing alternative water sources such as a well or reclaimed or reused water are specifically excluded from the irrigation restrictions of this section.
(b)
Except
for hand watering and the use of soaker hoses, a person commits an
offense if that person irrigates, waters, or causes or permits the
irrigation or watering of any lawn or landscape located on premises
owned, leased, or managed by that person:
(1)
Between
the hours of 10:00 a.m. and 6:00 p.m.
(2)
Any
day other than the twice per week schedule as outlined below:
a.
Residential
addresses ending in an even number (0, 2, 4, 6, or 8) may water on
Wednesdays and Saturdays.
b.
Residential
addresses ending in an odd number (1, 3, 5, 7, or 9) may water on
Thursdays and Sundays.
c.
All
non-residential watering locations (apartment complexes, businesses,
industries, parks, medians, etc.) may water on Tuesdays and Fridays.
(c)
A person
commits an offense if, on premises owned, leased, or managed by that
person, operates or permits to be operated, a lawn or landscape irrigation
system that:
(1)
Causes
a substantial amount of water to fall upon impervious areas instead
of a lawn or landscape, such that a constant stream of water overflows
from the lawn or landscape onto a street or other drainage area; or
(2)
Operates
during any form of precipitation; or
(3)
Operates
during freezing weather conditions; or
(4)
Has
any broken or missing sprinkler heads; or
(5)
Has
not been properly maintained in a manner that prevents the waste of
water.
(d)
Affirmative
defenses.
(1)
It
shall be an affirmative defense to prosecution of an offense under
this section that at the time such person irrigates, waters, or causes
or permits the irrigation or watering of any lawn or landscape, such
activity was for the purpose of:
(2)
Such activity described in subsection (d)(1) may be an affirmative defense to prosecution only if the activity occurred for a period of 30 consecutive days or less. After the 30th consecutive day of such activity, a person found to be in violation of this section shall be subject to applicable criminal penalties.
