(a)
Watering prohibited during certain hours.
(1)
Lawns and landscaping may be watered on any day, at any time, by
handheld hose, drip irrigation, a soaker hose or tree bubbler. (The
intent of this measure is to allow for the protection of structural
foundations, trees, and other high value landscape materials.)
(2)
Except for hand watering, drip irrigation and the use of soaker hoses,
a person may only irrigate, water, or cause or permit the irrigation
of watering of any lawn or landscape, inclusive of structural foundations,
trees, and other high value landscape materials, located on premises
owned, leased, or managed by that person:
(A)
On a day designated as an outdoor water use day for the property’s
address as shown below; and
(B)
Between the hours of 12:00 midnight to 10:00 a.m. and 6:00 p.m. to
11:59 p.m. on such day.
(i)
Residential addresses ending in an even number (0, 2, 4, 6 or
8) may water on Wednesdays and Saturdays.
(ii)
Residential addresses ending in an odd number (1, 3, 5, 7 or
9) may water on Thursdays and Sundays.
(iii)
All nonresidential locations (apartment complexes, businesses,
industries, parks, street and/or roadway medians, etc.) may water
on Tuesdays and Fridays.
(b)
Waste of water.
(1)
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 between the hours of 10:00
a.m. and 6:00 p.m.
(2)
Except for hand watering, drip irrigation 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 on a day that is not designated as an outdoor water use for that property address as shown in subsection (a) above.
(3)
A 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:
(A)
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 into a street or other drainage area; or
(B)
An irrigation system or other lawn or landscape watering device to
operate during any form of precipitation.
(c)
Improperly maintained equipment.
A person commits an
offense if, on premises owned, leased or managed by that person, he
operates a lawn or landscape irrigation system or device that:
(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:
(e)
Variances.
(1)
The city administrator or official designee may grant variances to
the twice per week watering and irrigation restrictions and schedule,
if one or more of the following conditions are met:
(A)
Failure to grant such a variance would cause an emergency condition
adversely affecting health, sanitation, or fire safety for the public
or the person requesting the variance;
(B)
Compliance with the watering and irrigation restrictions and/or schedule
cannot be accomplished due to technical or other limitations; or
(C)
Alternative methods that achieve the same level of reduction in water
use can be implemented.
(2)
The city administrator or official designee may grant variances to
allow for establishment of hydro mulch, grass sod, or grass seed for
new lawns.
(3)
Variances shall be granted or denied at the discretion of the city
administrator or official designee. All petitions for variances shall
be in writing and shall include the following:
(A)
Name and address of the petitioner(s);
(B)
Purpose of the water use;
(C)
Specific provisions from which relief is requested;
(D)
Detailed statement of the adverse effect of the provision from which
relief is requested;
(E)
Description of the relief requested;
(F)
Period of time for which the variance is sought;
(G)
Alternative measures that will be taken to reduce water use; and
(H)
Other pertinent information requested.
(f)
Exceptions to prosecution.
It shall be an exception
to prosecution of an offense under this section if a person who irrigates,
waters, or causes or permits the irrigation or watering does so by
use of an alternative water source such as a well, reclaimed or reused
water, or water from a flowing stream in the city, if that person
has:
(1)
Registered such alternative water source with the city;
(2)
Provided sufficient proof to the city administrator that the alternative
water source is from a well, reclaimed or reused water or from a flowing
stream in the city and has allowed inspection by the city administrator
if deemed necessary; and
(3)
Complied with the city’s codes and ordinances pertaining to
backflow and cross-connection control.
(Ordinance 14-09 adopted 12/17/14)
(a)
Any commercial or industrial customer class irrigation system installed
within the city on or after July 1, 2006, must be equipped with rain
and freeze sensors.
(b)
Any commercial or industrial customer class irrigation system installed
before July 1, 2006, may not be operated after June 1, 2007, without
being equipped with rain and freeze sensors.
(c)
The potable water supply to lawn irrigation systems shall be protected
against backflow in accordance with the city’s code provisions
applicable thereto. All rain and freeze sensors for commercial customer
class irrigation systems shall undergo annual inspection and testing
concurrent with applicable code requirements.
(d)
Any residential customer class irrigation system installed within
the city on or after June 1, 2007, must be equipped with rain and
freeze sensors.
(e)
It shall be unlawful for any person to knowingly or recklessly install,
operate or cause or permit the installation of or the operation of
an irrigation system in violation of the provisions of this division
on premises owned, leased or managed by that person.
(Ordinance 08-06, sec. 1, adopted 4/17/08)
The governmental use of water for essential services such as
police, fire and emergency services that are necessary to preserve
or protect the health, safety and welfare of the citizens of the city
is exempt from any and all restrictions or mandates set forth in this
division.
(Ordinance 08-06, sec. 1, adopted 4/17/08)
(a)
The city administrator may assess an administrative fee, in addition
to any criminal penalty assessed for a violation of this division,
as described below. Each day that a violation occurs shall constitute
a separate violation.
(1)
In-ground irrigation system violations.
(A)
The city administrator may install a locking device on a double check
valve to the irrigation system found to be operating in violation
of this division and shall assess an administrative fee as approved
by the city council.
(B)
Notice shall be left on the premises to advise the owner/operator
that the double check valve to the irrigation system has been turned
off.
(C)
Notice shall be sent by United States Postal Service to the person
recorded as the city’s water customer at the premises, notifying
that person that the irrigation system has been turned off and locked.
The notice shall also state the amount of the assessed administrative
fee and shall advise the person of the procedures for payment of the
fees and the procedure to request a hearing to contest the assessment
of the administrative remedy.
(2)
Violations for systems without double check valves or in-ground irrigation
systems.
(A)
The city administrator shall leave notice on the premises to advise
the owner/operator that the person was in violation of watering restrictions
and may assess an administrative fee as approved by the city council.
(B)
Notice shall also be sent by United States Postal Service to the
person recorded as the city’s water customer at the premises,
notifying that person of the assessment of administrative fees and
advising the person of the procedures for payment of the fees and
the procedure to request a hearing to contest the assessment of the
administrative remedy.
(3)
Tampering with locking device.
It shall be unlawful
for any person to tamper with, cause damage to or remove a locking
device placed on a check valve by the city administrator.
(b)
Procedures for payment of administrative fees or requesting a hearing
thereon shall be as follows:
(1)
A person assessed an administrative fee who wishes to re-establish
service to the irrigation system is required to make payment of the
assessed fee.
(2)
A person may request a hearing to protest the assessment of an administrative
fee, by making a request in person to the water department within
fifteen (15) business days from the date on the written notice of
violation. If a locking device was installed, it shall remain in place
until the conclusion of the hearing and payment of any required fee.
(3)
The city administrator shall act as the hearing officer and shall
evaluate all information offered by the petitioner at the hearing.
The petitioner shall bear the burden of proof to show by a preponderance
of the evidence why the administrative fee should not be assessed.
The hearing officer shall render a decision at the time of the hearing
or within three (3) business days following conclusion of the hearing.
(4)
Payment of any fees assessed at the hearing must be made within seven
(7) business days after the decision made pursuant to the hearing.
Any fees not paid within such time period shall be added to the customer’s
next water service bill.
(5)
A person may elect to pay the administrative fee without requesting
a hearing. Any fees not paid with fifteen (15) business days from
the date of the written notice shall be added to the person’s
next water service bill.
(c)
The locking device shall be removed by the city within three (3)
business days after payment is received by the city from the customer.
(Ordinance 08-06, sec. 1, adopted 4/17/08)
