The city council hereby determines and declares there is a need
to conserve the available water supply, protect the integrity of water
supply facilities, preserve public health, welfare, and safety and
minimize the adverse impacts of water supply shortage and other water
supply emergency conditions. All water uses regulated or prohibited
under this article are considered non-essential and any continuation
of such uses during times of water shortage or other emergency water
supply condition are deemed to constitute a waste of water and will
subject the offender to penalties.
(1995 Code of Ordinances, Chapter 11, Article 11.1000,
Section 11.1001)
The city manager or water utility superintendent are authorized
to initiate or terminate drought or other water supply emergency response
measures as set forth in this article.
(1995 Code of Ordinances, Chapter 11, Article 11.1000,
Section 11.1002)
(a)
This
article shall apply to all persons, customers and property utilizing
water provided by the city.
(b)
Opportunity
for the public to provide input into the emergency water plan shall
be provided by the city by means of a public meeting. Public notification
may be by written notice to all customers or by publication in a newspaper
of general circulation, providing the date, time and purpose of the
public meeting.
(c)
The
city shall periodically provide the public with information about
the emergency water plan, including information about the conditions
under which each stage of the emergency water plan is to be initiated
or terminated and the drought response measures to be implemented
in each stage. This information shall be provided by means of publication
in a newspaper of general circulation, sign posted in public places
and through utility bill inserts.
(Ordinance 1454-01 adopted 12/4/01)
The following definitions apply to this article:
Means water use for ornamental or decorative purposes such
as fountains, reflecting pools, and water gardens.
Means the City of DeSoto, Texas.
Means the city manager of the city, or designee.
Means 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.
Means any person, company, or organization using water supplied
by the city.
Means water used for the irrigation and maintenance of landscaped
areas whether publicly or privately owned, including residential and
commercial lawns, gardens, golf courses, parks, rights-of-way and
medians.
Means water uses 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 unless otherwise provided by this article;
Use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane or other vehicle;
Use of water to wash down buildings or structures for purposes
other than fire protection;
Flushing gutters or permitting water to accumulate in any gutters
or streets;
Use of water to fill, refill, or add to any indoor or outdoor
swimming pool or jacuzzi-type pool;
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 within a reasonable period
after having been given notice to repair the leak; and
Use of water from hydrants for construction purposes or any
other purposes than fire fighting.
Means individuals, corporations, partnerships, associations
and all other legal entities.
Means the city water utility superintendent or designee.
(1995 Code of Ordinances, Chapter 11, Article 11.1000,
Section 11.1004)
The water utility superintendent shall monitor water supply
and/or demand conditions on a daily basis to determine when stages
of the article need to be initiated or terminated. Public notification
of drought response stages shall be by publication in a newspaper
of general circulation.
The triggering criteria are based on total system storage capacity
falling below a calculated percentage of total storage capacity, preventing
recovery of the system to safe or normal operating levels or when
notified by wholesale supplier of initiation of limitations on supply.
(1)
Stage
1 (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 when daily water demand reaches or exceeds eighty
percent (80%) of the production capacity of the system for five (5)
consecutive days.
(B)
Requirements for Termination.
Stage 1 may be rescinded
when all of the conditions listed as triggering events have ceased
to exist for a period of fourteen (14) consecutive days or as determined
by the water utility superintendent.
(2)
Stage
2 (Moderate Water Shortage Conditions).
(A)
Requirements for Initiation.
Customers shall be required
to comply with the requirements and restrictions on certain non-essential
water uses when daily water demand reaches or exceeds ninety percent
(90%) of the production capacity of the system for five (5) consecutive
days.
(B)
Requirements for Termination.
Stage 2 may be rescinded
when all of the conditions listed as triggering events have ceased
to exist for a period of fourteen (14) consecutive days or as determined
by the water utility superintendent. Upon termination of Stage 2,
Stage 1 becomes operative.
(3)
Stage
3 (Severe Water Shortage Conditions).
(A)
Requirements for Initiation.
Customers shall be required
to comply with the requirements and restrictions on certain non-essential
water uses when daily water demand reaches one hundred percent (100%)
of the production capacity of the system for three (3) consecutive
days.
(B)
Requirements for Termination.
Stage 3 may be rescinded
when all of the conditions listed as triggering events have ceased
to exist for a period of fourteen (14) consecutive days or as determined
by the water utility superintendent. Upon termination of Stage 3,
Stage 2 becomes operative.
(4)
Stage
4 (Critical Water Shortage Conditions).
(A)
Requirements for Initiation.
Customers shall be required
to comply with the requirements and restrictions on certain non-essential
water uses for Stage 4 when daily water demand reaches one hundred
percent (100%) of the production capacity and Stage 3 requirements
have not permitted system recovery to a safe operating level, for
three (3) consecutive days, causing an immediate health or safety
hazard.
(B)
Requirements for Termination.
Stage 4 may be rescinded
when all of the conditions listed as triggering events have ceased
to exist for a period of fourteen (14) consecutive days or as determined
by the water utility superintendent. Upon termination of Stage 4,
Stage 3 becomes operative.
(5)
Stage
5 (Emergency Water Shortage Conditions).
(A)
Requirements for Initiation.
Customers shall be required
to comply with the requirements and restrictions for Stage 5 when
the water utility superintendent determines that a water supply emergency
exists based on:
(B)
Requirements For Termination.
Stage 5 may be rescinded
when all of the conditions listed as triggering events have ceased
to exist for a period of time to be determined by the water utility
superintendent.
(1995 Code of Ordinances, Chapter 11, Article 11.1000,
Section 11.1005)
The water utility superintendent shall monitor water supply
and/or demand conditions on a daily basis, and as authorized by the
city manager, shall determine that a mild, moderate, severe, critical
or emergency condition exists and implement the following actions
upon publication of notice in a newspaper of general circulation.
Notice that response stage restrictions have been reduced or lifted
shall also be by publication in a newspaper of general circulation.
(1)
Stage
1 (Mild Water Shortage Conditions).
(A)
Goal.
Achieve a voluntary twenty percent (20%) reduction
in total water use.
(B)
Voluntary Water Use Restrictions.
(i)
Water customers are requested to voluntarily limit the irrigation
of landscaped areas to no more than once in every five (5) days based
on last digit of street address. Landscape irrigation shall be limited
to the hours between 5:00 a.m. to 9:00 a.m. and 7:00 p.m. to 11:00
p.m.
|
Watering Schedule
| |
|---|---|
|
Last Digit of Address
|
Allowed Water Dates
|
|
0 and 5
|
5th , 10th, 15th, 20th, 25th, 30th
|
|
1 and 6
|
1st, 6th, 11th, 16th, 21st, 26th
|
|
2 and 7
|
2nd, 7th, 12th, 17th, 22nd, 27th
|
|
3 and 8
|
3rd, 8th, 13th, 18th, 23rd, 28th
|
|
4 and 9
|
4th, 9th, 14th, 19th, 24th, 29th
|
No watering on the 31st. Apartments, office building
complexes or other property containing multiple addresses will be
identified by the lowest address number. Where there are no numbers,
a number will be assigned by the city.
(ii)
All operations of the city shall adhere to water use restrictions
prescribed for Stage 2 of the Plan.
(iii)
Water customers are requested to practice water conservation
and to minimize or discontinue water use for non-essential purposes.
(2)
Stage
2 (Moderate Water Shortage Conditions).
(A)
Goal.
Achieve a forty percent (40%) reduction in total
water use.
(B)
Water Use Restrictions.
(i)
Irrigation of landscaped areas with hose-end sprinklers or automatic
irrigation systems shall be limited to designated watering days and
hours as scheduled in Stage 1. However, irrigation of landscaped areas
is permitted at anytime 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 water vehicle, motorbike, boat, trailer,
airplane or other vehicle is prohibited except on designated watering
days between the hours of 5:00 a.m. to 9:00 a.m., and 7:00 p.m. to
11:00 p.m. Such washing, when allowed, shall be done with a hand-held
bucket or 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 car wash or commercial service station. Further,
such washing may be exempted from these regulations if the health,
safety and welfare of the public are 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, wadding pools or jacuzzi-type pools is prohibited
except on designated watering days between the hours of 5:00 a.m.
to 9:00 a.m. and 7:00 p.m. to 11:00 p.m.
(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 fire fighting, 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 designated watering days between the hours of
5:00 a.m. to 9:00 a.m. and 7:00 p.m. to 11:00 p.m.. However, if a
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 when requested.
(viii)
The following uses of water are defined as non-essential and
are prohibited:
(aa)
wash down of any sidewalks, walkways, driveways,
parking lots, tennis courts, or other hard-surfaced areas;
(bb)
use of water to wash down buildings or structures for purposes
other than immediate fire protection;
(cc)
use of water for dust control;
(dd)
flushing gutters or permitting water to run or accumulate in
any gutter or street; and
(ee)
failures to repair a controllable leak(s) within a reasonable
period after having been given notice directing the repair of such
leak(s).
(ff)
Landscape of new development, required by City of DeSoto Codes,
may be postponed until restrictions are lifted if developer shows
proof that watering schedule is not sufficient to maintain livelihood
of landscape.
(gg)
New landscape for development other than described in Stage
2, subsection (A) above, shall be irrigated according to the watering
schedule in Stage 1.
(3)
Stage
3 (Severe Water Shortage Conditions).
(A)
Goal.
Achieve a sixty-five percent (65%) reduction in
total water use.
(B)
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 in Stage 1 and Stage 2, and shall be by means of hand-held hoses,
hand-held buckets, drip irrigation, or permanently installed automatic
sprinkler system only. The use of hose end sprinklers is prohibited
unless operation is controlled at all times by means of a mechanical
or electronic timer.
(ii)
The watering of golf course tees, greens and fairways is prohibited
unless the golf course utilizes a water source other than that provided
by the city.
(iii)
Require repair of controllable leak(s) within twenty-four (24)
hours after having been given notice directing the repair of such
leak(s).
(iv)
The use of water for construction purposes from the designated fire
hydrants under special permit is to be discontinued.
(4)
Stage
4 (Critical Water Shortage Conditions).
(A)
Goal.
Achieve a eighty percent (80%) reduction in total
water use.
(B)
Water Use Restrictions.
All requirements of Stage 2
and 3 shall remain in effect during Stage 4 except:
(i)
Irrigation of landscaped areas shall be limited to designated watering
days and hours as scheduled in Phase 1, 2 and 3, 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
car wash and commercial service stations and not in the immediate
interest of public health, safety, and welfare is prohibited. Further,
such vehicle washing at commercial car washes and commercial service
stations shall occur only between the hours of 10:00 a.m. and 6:00
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 applications 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 allowed or
approved.
(5)
Stage
5 (Emergency Water Shortage Conditions).
(A)
Goal.
Achieve a ninety percent (90%) reduction in total
water use.
(B)
Upon determination that public health, safety and welfare are at
risk, the city manager may declare water rationing to recharge or
extend supply, by means of lowering pressure and volume in the system
or total interruption of service.
(1995 Code of Ordinances, Chapter 11, Article 11.1000,
Section 11.1006; Ordinance 1409 adopted 4/3/01; Ordinance 1409-01 adopted 4/3/01; Ordinance
1454-01 adopted 12/4/01)
(a)
The
city manager may, in writing, grant temporary variance for existing
water uses otherwise prohibited under this Article if it is determined
that failure to grant such variance would cause an emergency condition
adversely affecting the 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 a variance from the provisions of this article shall file
a written request for variance with the water utility superintendent
within five (5) days after the particular drought response stage has
been invoked. All variance requests shall be reviewed by the city
manager and shall include the following:
(1)
Name and address of applicant.
(2)
Purpose of water use.
(3)
Specific provision(s) of the emergency response stage from which
relief is requested.
(4)
Detailed statement as to how the specific provision of the emergency
response stage adversely affects the applicant or what damage or harm
will occur to the applicant or others if applicant 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 applicant
is taking or proposes to take to meet the intent of the emergency
response stage and the compliance date.
(8)
Other pertinent information.
(c)
Unless
waived or modified by the city manager, variances granted by the city
shall be subject to the following conditions:
(d)
No
variance shall be retroactive or otherwise justify any violation of
this article occurring prior to the issuance of the variance.
(1995 Code of Ordinances, Chapter 11, Article 11.1000,
Section 11.1007)
To provide relief to the public water supply, the city groundwater
Well #5 and its distribution system shall be modified and utilized
as a non-potable source for irrigation of municipal park land.
(Ordinance 1454-01 adopted 12/4/01)
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 emergency water 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 manager, in accordance with provisions of this emergency
water plan. Enforcement shall include:
(1)
Volume
charges shall be applied in addition to the base rate for water usage
during periods of time that emergency response stage 2, 3 or 4 of
the emergency water plan have been implemented.
(2)
Written
warning shall be issued for first violation of water use restrictions.
(3)
Citation shall be issued upon second violation of water use restrictions. A person who violates this emergency water plan is guilty of misdemeanor and, upon conviction shall be punished by a fine in accordance with the general penalty provision found in Section 1.106 of this code. Each day that one or more provisions in this emergency water plan are violated shall constitute a separate offense. If a person is convicted of three or more distinct violations of this emergency water plan, the city water utilities superintendent is authorized to discontinue water service to the premises where such violations occur after due notice to the customer. Services discontinued under such circumstances shall be restored only upon payment of a reconnection charge in the amount of thirty-five ($35.00) dollars, and any other cost incurred by the city in discontinuing service.
(4)
Any
employee of the city may request issuance of a citation by a city
police officer to a person that the employee reasonably believes to
be in violation of this article.
(Ordinance 1454-01 adopted 12/4/01)
