Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this division shall be fined for each offense as provided in section 1.01.009 of this code. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ordinance 254, sec. 6, adopted 6/13/06; Ordinance 501 adopted 9/12/2023)
(a) 
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 outside the following:
(1) 
No watering permitted between 10:00 am and 6:00 pm.
(2) 
Water no more than twice a week using the following schedule:
(A) 
Mondays - No watering by any customer.
(B) 
Tuesdays & Fridays - Commercial customers only.
(C) 
Wednesdays & Saturdays - Residential customers with addresses ending in even numbers (0, 2, 4, 6, 8).
(D) 
Thursdays & Sundays - Residential customers with addresses ending in odd numbers (1, 3, 5, 7, 9).
(b) 
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:
(1) 
A substantial amount of water to fall upon impervious or saturated areas such that a constant stream of water overflows from the lawn or landscape onto a street or other drainage area; or
(2) 
An irrigation system or other lawn or landscape watering device to operate during any form of precipitation.
(c) 
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:
(1) 
Has any broken or missing sprinkler head; or
(2) 
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 in subsection (a) above 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:
(A) 
Establishing hydro mulch, grass sod, or grass seed;
(B) 
Maintenance, repair, or testing of an irrigation system.
(2) 
Such activity described in subsection (d)(1) may be an affirmative defense to prosecution only if the activity occurred for a period of thirty (30) consecutive days or less. After the thirtieth consecutive day of such activity, a person who irrigates, waters, or causes or permits the irrigation or water of any lawn or landscape in violation of this section shall be subject to administrative fees and criminal penalties.
(e) 
It shall be an exception to prosecution of an offense in 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 the Trinity River if that person has:
(1) 
Registered such alternative water source with the city;
(2) 
Provided sufficient proof to the director that the alternative water source is from a well, reclaimed or reused water or from the Trinity River and has allowed inspection by the director if deemed necessary; and
(3) 
Complied with the city's backflow and cross-connection control program.
(Ordinance 285 adopted 7/8/08; Ordinance 501 adopted 9/12/2023)
(a) 
All commercial, industrial or residential class irrigation system must be equipped with rain and freeze sensors.
(b) 
All rain and freeze sensors for commercial customer class lawn irrigation systems shall undergo annual inspection and testing.
(c) 
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 this section on premises owned, leased, or managed by that person.
(Ordinance 254, sec. 2, adopted 6/13/06; Ordinance 501 adopted 9/12/2023)
(a) 
The director of the water department may grant variances from the provisions of this division to persons demonstrating extreme hardship and need as determined by the director and only under the following conditions:
(1) 
The applicant must sign a compliance agreement on forms provided by the director, agreeing to irrigate or water a lawn or landscape only in the amount and manner permitted by the variance.
(2) 
Granting of a variance must not cause an immediate significant reduction in the city's water supply.
(3) 
The extreme hardship or need requiring the variance must relate to the health, safety, or welfare of the person requesting it.
(4) 
The health, safety or welfare of other persons must not be adversely affected by granting the variance.
(b) 
The director may revoke a variance granted when the director determines that:
(1) 
The conditions of subsection (a) are not being met or are no longer applicable;
(2) 
The terms of the compliance agreement are being violated; or
(3) 
The health, safety or welfare of other persons requires revocation.
(Ordinance 254, sec. 3, adopted 6/13/06; Ordinance 501 adopted 9/12/2023)