(a) 
Water system as city property.
All parts of the city water system are the property of the city. The director shall maintain and control each system and keep detailed records concerning all aspects of department operations.
(b) 
Access to system.
Only a person who is authorized by the director will have access to the water system for operation, construction, maintenance, repair, and other service-related purposes.
(c) 
Obstruction of authorized persons.
A person commits an offense if he or she knowingly obstructs a person authorized by the director from:
(1) 
Gaining access to a part of the water system for purposes of operation, inspection, construction, maintenance or repair; or
(2) 
Performing actual operation, inspection, construction, maintenance, or repair of a part of the water system.
(Ordinance 8140, § 1, adopted 3/20/2003)
(a) 
Purpose and scope.
The purpose of this section is to establish the city's policy in the event of shortages or delivery limitations in the city's water supply. This section applies to:
(1) 
All persons and premises within the city using water from the water system; and
(2) 
All retail customers who live in incorporated areas within another city's jurisdiction and are served by the city water system.
(b) 
Water management plan.
The director shall promulgate and submit a water management plan to the city council for approval and when it has been approved by the city council it is incorporated by reference in this chapter as if fully set forth in it and it is enforceable as part of this article, the guidelines of which should include:
(1) 
The conditions under which a particular drought stage will be implemented or terminated; and
(2) 
Provisions defining specific events that will trigger a drought stage implementation.
(c) 
Authority.
The city manager is authorized to implement measures prescribed in the water management plan when required by this section and by the water management plan approved by the city council. The director is authorized to enforce the measures implemented and to promulgate regulations, to the extent authorized by the water management plan, not in conflict with this section or state and federal laws, in aid of enforcement.
(d) 
Implementation of drought response.
The director, upon determination that the conditions of a drought exist, shall advise the city manager. The city manager may order that the appropriate stage of drought response, as detailed in the water management plan, be implemented. To be effective, the order must be:
(1) 
Made by public announcement; and
(2) 
Published in a newspaper of general circulation in the city within twenty-four (24) hours after the public announcement, which order becomes immediately effective upon publication.
(e) 
Duration of order; change; extension.
Upon recommendation of the director, the city manager may upgrade or downgrade the drought stage when the conditions triggering that stage occur. Any change in the order must be made in the same manner prescribed in subsection (d) for implementing a drought response. The city manager shall terminate the drought stage in the manner prescribed in subsection (d) for implementing a drought response when the director determines that the conditions creating the drought no longer exist. Each stage of drought response shall remain in effect until upgraded, downgraded, or terminated by the city manager.
(f) 
Violation of section.
A person commits an offense if he or she knowingly makes, causes or permits a use of water supplied by the city, contrary to the measures implemented by the city manager as prescribed in the water management plan. For purposes of this section, it is presumed that a person has knowingly made, caused or permitted a use of water supplied by the city, contrary to the measures implemented by the water management plan if the mandatory measures have been formally ordered consistent with the terms of subsection (d) and:
(1) 
The manner of use has been prohibited by the water management plan; or
(2) 
The amount of water used exceeds that allowed by the water management plan.
(g) 
Penalty.
A person who commits an offense under this section is guilty of a misdemeanor, punishable by a fine of not less than one dollar ($1.00) and not more than two thousand dollars ($2,000.00). Each day that one (1) or more of the provisions of this section is violated constitutes a separate offense.
(h) 
Rebuttable presumption.
Any person, including a person classified as a water customer of the city, in apparent control of the property where a violation occurs or originates shall be presumed to the violator, and proof that the offense occurred on the person's property shall constitute a rebuttable presumption that the person in apparent control of the property committed the offense, but any such person shall have the right to show that he/she did not commit the offense. Parents shall be presumed to be responsible for offenses committed by their minor children and proof that an offense committed by a minor child occurred on property within their parents' control shall constitute a rebuttable presumption that the parent committed the violation, but any such parent may be excused if he/she proves that he/she had previously directed the child not to use the water as it was used in violation of the water management plan and that the parent could not have reasonably known of the offense.
(i) 
Discontinuation of services.
If a person is convicted of three (3) or more offenses under this section, the water utilities director shall, upon due notice to the customer, be authorized to discontinue water service to the premises where the offenses occur. Services discontinued under this subsection shall be restored only upon payment of a current connection charge, and any other costs incurred by the city in discontinuing service and upon adequate assurances being provided to the water utilities director that the offense will not reoccur while a drought stage under the water management plan is in effect.
(j) 
Authority under other laws.
Nothing in this section limits the authority of the mayor, the city council, and the city manager to seek emergency relief under the provisions of any state or federal disaster relief act.
(k) 
Civil remedies.
Nothing in this section shall be construed as limiting the city's ability to pursue any other civil remedies to enforce a provision of this section as available under applicable law, including seeking injunctive relief and civil penalties for a violation of this section.
(Ordinance 8140, § 1, adopted 3/20/2003; Ordinance 8767, § 2, adopted 3/22/2007; Ordinance 2014-9603, § 2, adopted 8/7/2014)
(a) 
Lawn and landscape irrigation restrictions.
(1) 
A person commits an offense if the person 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 or pond upon impervious areas instead of a lawn or landscaped area, such that a constant stream of water overflows from the lawn or landscaped area onto a street, driveway, parking area, or other drainage area; or
b. 
An irrigation system or other lawn or landscape watering device to operate during any form of precipitation.
(2) 
A person commits an offense if, on premises owned, leased or managed by that person, the person operates an irrigation system or other lawn or landscape watering device that:
a. 
Has any broken or missing sprinkler head; or
b. 
Has not been properly maintained in a manner that prevents the waste of water.
(3) 
A person commits an offense if, during the period from April 1 through October 31 of any year and between the hours of 10:00 a.m. and 6:00 p.m. on any day during that period, the person knowingly or recklessly irrigates, waters, or causes or permits the irrigation or watering of any lawn or landscaped area by any means, including use of a hand-held hose or soaker hose, on premises owned, leased, or managed by the person, unless the person is irrigating or watering plants, flowers, grass, or other lawn or landscaping materials at a commercial business which sells those goods to the public.
(4) 
Except for watering by use of a hand-held hose, a person commits an offense if the person knowingly or recklessly irrigates, waters, or causes or permits irrigation of any lawn or landscaped area on premises owned, leased, or managed by the person more than twice per week or on a different day than allowed by the following schedule:
a. 
For even-numbered addresses (ending in 0, 2, 4, 6 or 8), irrigation and watering of lawn or landscaped areas is permitted only on Tuesdays and Saturdays.
b. 
For odd-numbered addresses (ending in 1, 3, 5, 7, or 9), irrigation and watering of lawn or landscaped areas is permitted only on Wednesdays and Sundays.
c. 
For a property with multiple addresses, it will follow the schedule determined by using the property's lowest address number.
d. 
Lawn and landscape watering is prohibited on Mondays, Thursdays and Fridays.
(5) 
The provisions of section 41-14.1(a)(4) do not apply if the city is under a more restrictive stage of its water management plan, in which case the applicable drought stage restrictions of the water management plan shall apply.
(b) 
Free-flowing, unattended hoses prohibited.
A person commits an offense if the person uses a hose that is not equipped with a positive shut-off nozzle for irrigation purposes, vehicle washing, filling pools or any other use without the person being physically present while the hose is in use.
(c) 
Water waste prohibited.
A person commits an offense if the person knowingly or recklessly permits, allows, or fails to abate the ponding, pooling, leaking, or flowing of water on the person's private property or allows water from the person's private property to enter upon adjacent property owned by another person, public right-of-way, streets, or other public property.
(d) 
Water service disconnection.
The city shall have the authority to terminate water service to make repairs and/or modifications necessary to protect the integrity of the water system or to abate a condition dangerous to the public health, safety or welfare or to abate a violation of this chapter.
(e) 
Affirmative defense.
It shall be an affirmative defense to prosecution of an offense under section 41-14.1(a)(4) that the person is irrigating or watering for the purpose of establishing new plantings, trees or grass that has been installed on the property within the past forty-five (45) days.
(f) 
Penalty.
A person who commits an offense under this section is guilty of a misdemeanor, punishable by a fine of not less than one dollar ($1.00) and not more than two thousand dollars ($2,000.00). Each day that one (1) or more of the provisions of this section is violated constitutes a separate offense.
(g) 
Civil remedies.
Nothing in this section shall be construed as limiting the city's ability to pursue any other civil remedies to enforce a provision of this section as available under applicable law, including seeking injunctive relief and civil penalties for a violation of this section.
(h) 
Exemptions.
The provisions of sections 41-14.1(a)—(b) do not apply to water users who derive their water from non-potable sources or sources other than the city's water system.
(Ordinance 2008-9027, § 6, adopted 12/11/2008; Ordinance 2011-9259, § 2, adopted 6/9/2011; Ordinance 2014-9604, § 1, adopted 8/7/2014)
(a) 
Any automatic irrigation system installed or operated within the city must be equipped with working rain and freeze sensors.
(b) 
A person commits an offense if, on premises owned, leased, or managed by the person, the person:
(1) 
Installs, or causes or permits the installation of, an automatic irrigation system in violation of subsection (a); or
(2) 
Operates, or causes or permits the operation of, an automatic irrigation system that does not comply with subsection (a).
(Ordinance 2013-9521, § 1, adopted 11/7/2013; Ordinance 2025-11144 adopted 8/28/2025)
[1]
Note—See similar requirements for rain and freeze sensors in Section 8B-1 "International Building Code" of Chapter 8B of the Irving Land Development Code.
(a) 
Reasons for temporary discontinuance.
The director is authorized to temporarily discontinue service to any premises for the following reasons:
(1) 
When a main break or other failure in the water or wastewater systems could injure a person, private or city property, or other parts of the systems;
(2) 
To perform routine maintenance or repair to any part of the water or wastewater systems;
(3) 
To perform emergency maintenance or repair to any part of the water or wastewater systems;
(4) 
To make a connection to a newly constructed or relocated water or wastewater main.
(Ordinance 8140, § 1, adopted 3/20/2003)
[1]
Editor's note—Former § 41-16, which pertained to authorization to discontinue water and derived from Ordinance 8140, adopted 3/20/2003, was repealed 8/7/2014 by Ordinance 2014-9603.
It is unlawful for any unauthorized person to intentionally damage or destroy any portion or appurtenance of the city water utility system, including but not limited to meters, locks, loops, valves, fire hydrants, pumps, piping, tanks, and overflow and blow-off valves.
(Ordinance 8140, § 1, adopted 3/20/2003)