It shall be unlawful for any person to take or use water from the system of the city waterworks except under the terms and conditions specified in this article. All owners and occupants of property are hereby prohibited from furnishing water to any person for any purpose other than is specified herein without the written consent of the manager of the utility office.
(1996 Code, sec. 11.301)
(a) 
It shall be unlawful for any person to use water from any service connection until application for such service has been filed as provided in this section. Before water shall be supplied to any person or premises by the city, the owner or occupant of the property shall make an application in writing for such service upon a form furnished by the manager of the utility office, which application shall contain a contract on the part of the applicant to pay the stipulated water rate and sewer fees in the time and manner provided for in this article. The city reserves the right to collect all charges in the manner provided for in this article; to change rates and temporarily discontinue service without notice to the consumer; and to further provide that the city and the manager of the utility office shall not be responsible for any damage by water or otherwise resulting from defective plumbing, broken or faulty services or water mains, or from any condition of the water itself of any substance that may be mixed with or be in the water as delivered to the consumer.
(b) 
Such application shall state whether the property is occupied by the owner or tenant and shall give the address where bills should be mailed.
(c) 
If such application is for service to a residence, the name of the head of the family in control of such premises shall be given, and if for service other than a residence, the name or names of the person or persons in control of the premises or of the business shall be given. The application shall also show in whose name the account has been carried for water heretofore furnished for any such family or business.
(d) 
If any person shall make any false statement in such application, he shall be deemed guilty of a misdemeanor.
(1996 Code, sec. 11.302; Ordinance adopting Code)
(a) 
Before water service is furnished to a consumer at any address, the consumer shall be required, upon making application for such service, to deposit with the manager of the utility office, deposits in accordance with a resolution of the city council establishing such amounts.
(b) 
In the case of apartments or business institutions, the city council resolution may require a deposit equal to two (2) times the average monthly bill on such premises or may require some other reasonable deposit.
(c) 
Property owners with a water deposit currently on file with the city and who have a satisfactory payment record may be allowed to begin water service at a second property before a second deposit is made, provided that the request is made in writing to the utility manager within five (5) days and the deposit is posted with the utility office manager within five (5) days of service start. If the written request or deposit is not posted within five (5) days, the water will be turned off at the expense of the property owner. All installation and hook-up charges apply.
(1996 Code, sec. 11.303)
Before any water or sewer service shall be supplied to any person or premises, such person, occupant, or owner of such premises shall apply to the community development department for a permit for installation of water and/or sewer service and shall pay all fees as set out in this article.
(1996 Code, sec. 11.304)
(a) 
It shall be the duty of the manager of the utility office to mail monthly statements to all consumers showing the amount of charges under this chapter for water, sewer and garbage collection service for the approximate thirty (30) day period prior to the mailing of such statements. Such statements may be mailed in two (2) cycles. One (1) cycle shall be mailed as near the 1st of the month as practicable. The second shall be mailed as near the 15th of the month as practicable. Consumers will have twenty (20) days from the date of mailing of the statement to pay the amount of such statement without penalty. Payments made after the twenty (20) day period shall bear a penalty equal to ten (10) percent of the combined water and sewer service bill. The manager of the utility office may waive such penalty for good and sufficient cause; however, only one penalty may be waived during a twelve (12) month billing period.
(b) 
If the consumer has not paid the bill within twenty-five (25) days after the date of mailing thereof, it shall be the duty of the manager of the utility office to notify the consumer in writing that the water is to be cut off and service discontinued at the end of a ten (10) day period if payment has not been received in the office.
(c) 
The consumer may ask for an administrative hearing with the finance director and/or city manager to present valid reasons why the water should not be cut off and service discontinued. This may be done at any time during the ten (10) day period after notice of discontinuance is given. Should the finance director and/or city manager decide that the customer does indeed have a valid reason for not paying the bill at this time, water service may be continued. The customer will be advised at this time when payment is expected and conditions thereof.
(1996 Code, sec. 11.305; Ordinance adopting Code)
When water is cut off from any consumer or from any premises on account of nonpayment for water and sewer services furnished, the manager of the utility office shall not permit the water or sewer services to be furnished to said premises or consumer until the full amount delinquent, the ten percent (10%) penalty and a collection or reconnection charge is paid. Such amount shall be paid at the utility office if the service is reconnected during normal office hours.
(1996 Code, sec. 11.306)
Whenever any consumer, owner or occupant of premises shall request the city to cut off his water service at the meter for his convenience or due to the fact that his stop and waste or house cut-off is either nonfunctional or cannot be found, then the manager of the utility office shall add a service fee to his bill for each cut-off.
(1996 Code, sec. 11.307)
(a) 
Any consumer shall have the right to demand that the meter through which water is being furnished be examined and tested by the waterworks for the purpose of ascertaining whether it is or is not registering correctly the amount of water which is being delivered through it to such consumer. When a consumer desires to have any meter so examined and tested, he shall make application in writing to the manager of the utility office, and deposit with such application an amount charged in accordance with the size of the meter.
(b) 
When such application and deposit is made, it shall be the duty of the manager of the utility office to cause such meter to be examined and tested for the purpose of ascertaining whether it is registering correctly the amount of water being delivered through it. If, on such examination and test, any meter of one inch (1") or smaller in size shall be found to register over two (2) percent more water than actually passes through it, another meter will be substituted therefor, and the fee charged in the application for such test shall be repaid to the person making such application. If any meter larger than one (1) inch in size, upon such examination and test, shall be found to register over three (3) percent more water than actually passes through it, the fee charged in the application for the test shall be repaid to the person making the application, and the applicant shall be advised as to what repairs or replacements are necessary to secure correct registration through such meter.
(c) 
Whenever any meter is found to be out of order and not registering correctly, the consumer shall be charged with an average daily consumption as shown by the meter when registering correctly.
(1996 Code, sec. 11.308)
Any consumer who feels that their measured water consumption is excessive may request that the meter be re-read. Two (2) free re-reads are allowed within each calendar year and any re-reads in excess thereof will be conducted for a fee; provided that, if there is an error on the part of the city, or the meter is faulty, there will be no additional charge.
(1996 Code, sec. 11.309)
In case any consumer shall change his place of residence or business, he shall give notice thereof within twenty-four (24) hours after such change to the manager of the utility office.
(1996 Code, sec. 11.310)
It shall be the duty of the owners of property to which water is furnished by the city to cooperate with the utility office by promptly giving notice when such property becomes vacant or service is no longer desired, and if such notice is not given the owners of the property shall be liable for all water and sewer charges against such property until such notice is given or a new application for services to such premises is filed.
(1996 Code, sec. 11.311)
(a) 
Plans adopted.
(1) 
Water conservation plan.
The 2024 water conservation plan for the city is hereby adopted by reference and a true copy of such plan shall be retained by the city secretary and director of public works and be available for public inspection during all business hours of the city.
(2) 
Drought contingency plan.
The 2024 drought contingency plan for the city is hereby adopted by reference and a true copy of such plan shall be retained by the city secretary and director of public works and be available for public inspection during all business hours of the city.
(b) 
Compliance with water conservation and drought contingency plan.
It shall be unlawful and an offense for any person, firm, or corporation to violate any of the provisions or terms of this section or the water conservation and drought contingency plan as implemented hereby and by specific order of the city manager.
(c) 
Penalty for violation of water conservation and drought contingency plan.
Upon occurrence of the conditions listed in the water conservation and drought contingency plan between the city, the Town of Highland Park, and the Dallas Park Cities Municipal Utility District, the city manager is authorized to implement all of the elements of the water conservation and drought contingency plan and is directed to publish notice of such implementation in the city’s official newspaper or by direct mail to water customers of the city and, in addition to the penalty of fine not to exceed the sum of $2,000.00 for each offense for each and every day any such violation continues, if any such person, firm or corporation has previously violated any requirement of the plan as implemented by the city manager, the city manager shall have authority, after written notice and opportunity for hearing with such person, firm or corporation, to order that water services to such person, firm or corporation be discontinued during the period of the water emergency.
(d) 
Implementation of conservation measures.
The city manager is authorized to implement the conservation measures set out in the plan consistent with the conditions set out in the plan upon notification by the district that such conditions exist. The plan requires the district to inform the city and the town by written notice of supply side or demand side conditions requiring the various conservation means.
(e) 
Excessive water runoff.
It shall be unlawful and an offense for any customer and/or occupant of premises served with water to cause or permit to be caused excessive water runoff of city water from that customer’s premises onto the streets, alleys, easements, or public rights-of-way of the city. Runoff of city water is excessive when it extends for a distance of greater than twenty feet (20') from the premises, and/or extends directly into a storm sewer located in a public right-of-way. In the event of a prohibited waste of water, the city shall serve the customer or occupant with a written notice of the nature of the violation and provide a 72-hour time limit for satisfactory compliance. Notice is properly served when it is delivered to the customer, or the occupant of the premises, in the form of a door hanger, or when it is hand delivered or sent by registered or certified mail, return receipt requested, to the last known address of the customer and the person occupying the premises at the time of the violation. A person who has received such notice and who fails to comply with the provisions hereof shall be guilty of a violation of the provisions or the terms of this section.
(f) 
Irrigation restrictions.
(1) 
Except as provided herein, a person commits an offense if, during the period from April 1st through October 31st of any year and between the hours of 10:00 a.m. and 6:00 p.m. on any day, with water from the city water system, the person irrigates, waters, or causes or permits the irrigation or watering of any lawn or landscape material located on premises owned, leased, or managed by the person or under the person’s control.
(2) 
A person commits an offense if, at any time during the year, the person irrigates, waters, or causes or permits the irrigation or watering of any lawn or landscape material located on premises owned, leased, or managed by the person or under the person’s control with a hose-end sprinkler or automatic irrigation system on a day other than a designated outdoor water use day for the property address.
(3) 
Designated outdoor water use days means Sundays and Thursdays for a customer with a street address ending in an even number (0, 2, 4, 6, or 8) or with no street address number, and Saturdays and Wednesdays for a customer with a street address ending in an odd number (1, 3, 5, 7, or 9). A multifamily development, office building or other property containing multiple street addresses must use the lowest street address number for the designated outdoor water use days for the property.
(4) 
It shall be a defense to prosecution under this section that the person was:
(A) 
Using a handheld hose, drip irrigation device or system, soaker hose, or handheld bucket;
(B) 
Irrigating during the repair or testing of a new or existing automatic irrigation system;
(C) 
Only using water from a source other than the city’s water system;
(D) 
Irrigating public rights-of-way, public parks and public property to preserve and protect community amenities, such irrigating to be done for one-half the sites on Tuesdays and Fridays, and one-half the sites on Mondays and Thursdays due to mowing schedule;
(E) 
Irrigating newly planted landscape material within thirty (30) days after the date it was installed, provided the person was watering only the newly planted landscape material. For purposes of this section, newly planted landscape material does not include the over-seeding of established turf with rye or other seed; or
(F) 
Irrigating athletic fields used for organized sports practice, competition, or exhibition events as necessary to protect the health and safety of the players, staff or officials present for athletic events.
(1996 Code, sec. 11.312; Ordinance 14/017 adopted 6/17/14; Ordinance 19/011 adopted 4/2/19; Ordinance 19-020 adopted 8/20/19; Ordinance 24-013 adopted 5/21/2024)
No person other than an authorized officer or employee of the utilities department shall have, wear, or exhibit any badge or credential of the waterworks department. All inspections shall be made only by persons authorized and employed by the city for that purpose. Any such officer, inspector, foreman, or authorized employee of the utilities department shall, upon presentation of his badge or other credentials provided for, have free access at all reasonable hours to any premises supplied with city water for the purpose of making any inspection thereof or reading meters.
(1996 Code, sec. 11.313; Ordinance adopting Code)
In case any such authorized employee be refused admittance to any premises, or being admitted shall be hindered or prevented in making such examination or reading meters, the manager of the utility office may cause the water to be turned off from such premises after giving twenty-four (24) hours’ notice to such owner or occupant of such premises.
(1996 Code, sec. 11.314)