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 article shall be fined not more than
two thousand dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
(Ordinance 413-06, sec. 6, adopted 7/27/06)
(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 between the hours of 10:00
a.m. and 6:00 p.m. during the period from June 1 through September
30 of any year.
(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 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) 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.
(Ordinance 413-06, sec. 1, adopted 7/27/06)
(a) Any commercial or industrial customer class irrigation system installed
within the city on or after June 1, 2006 must be equipped with rain
and freeze sensors.
(b) Any commercial or industrial customer class irrigation system installed
before June 1, 2006 may not be operated after June 1, 2007 without
being equipped with rain and freeze sensors.
(c) The potable water supply to a lawn irrigation system shall be protected against backflow in accordance with the city’s backflow and cross-connection control program, article
3.08 of the city code. All rain and freeze sensors for commercial customer class lawn irrigation systems shall undergo annual inspection and testing concurrent with schedules associated with article
3.08.
(d) Any residential customer class irrigation 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 [subsections
(a) through
(d)] on premises owned, leased, or managed by that person.
(Ordinance 413-06, sec. 2, adopted 7/27/06)
(a) The director may grant variances from the provisions of this article
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 413-06, sec. 3, adopted 7/27/06)