HomeMy WebLinkAboutORD 1988-049 ORDINANCE NO. 88-49
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE CITY OF GRAPEVINE, BY ADDING A NEW
ARTICLE V, DROUGHT CONTINGENCY PLAN, TO
CHAPTER 25, PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000 . 00)
FOR EACH OFFEI�ISE AND A SEPARATE OFFENSE
SHALL BE DEEMED COMMITTED EACH DAY DURING OR
ON WHICH AN OFFENSE OCCtJRS OR CONTINUES;
DECLARING AN EMERGENCY AND PROVIDING AN
� EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
SECTION 1 . That the Code of Ordinances of the City of
Grapevine is hereby amended by adding thereto a new Article V
to Chapter 25, Drought Contingency Plan, which shall read as
follows :
Article V.
Drought Contingency Plan
Division l . Generally
Sec . 25-134 . Scope.
There is hereby established a City of Grapevine Drought
Contingency Plan.
Sec. 25-135 . Declaration of Policy.
It is hereby declared that, because of the water
conditions prevailing in the City of Grapevine, the general
� welfare requires that the water resources available to the City
be put to the maximum beneficial use to the extent to which
they are capable, and that the waste or unreasonable use, or
unreasonable method of use of water be prevented, and the
conservation of such water is to be extended with a view to the
reasonable and beneficial use thereof in the interests of the
people of the City of Grapevine and for the public health and
welfare.
Sec. 25-136 . Authorization.
The Director of Public Works ( "Director" ) is hereby
authorized and directed to implement the applicable provisions
of this Ordinance upon the conditions stated in this Article
and upon his determination that such implementation is
necessary to protect the public health and welfare and safety.
Sec. 25-137 . Application.
The provisions of this Article shall apply to all
persons, customers, and property utilizing City of Grapevine
water whereve� situated.
Division 2 . Conservation Stages
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� Sec. 25-138 . Water Conservation Stages .
No customer of or person who uses water f rom the City of
Grapevine Water Department ( "Department" ) shall knowingly make,
cause, use, or permit the use of water received from the City
for residential, commercial , industrial, agricultural ,
governmental, or any other purpose in a manner contrary to any
midnight to 12 : 00 noon and 7 : 00 p.m. to 12 : 00
midnight . Such washing, when allowed, shall be
done with a hand-held bucket, or a hand-held hose
equipped with a positive shutoff nozzle for quick
rinses . The nozzle shall be removed when the hose
is not in use. However, this restriction does not
apply to the washing of the above-listed vehicles
or mobile equipment when conducted on the
immediate premises of a commercial car wash, a
commercial service station or private fleet
�.<;, washing facility. Furthermore, this restriction
s��I2 �at agg�y to the washing of automobiles,
truc�s, trailers, boats, airplanes and other types
of mobile equipment (such as garbage trucks and
�`"' vehicles to trans ort food and
p perishables) when
said washing is necessary on a more regular and
frequent basis in order to protect the health,
safety and welfare of the public . (The washing of
each individual automobile, truck, trailer, boat,
airplane and/or any other type of mobile equipment
in violation of the terms and conditions of this
restriction constitutes a separate violation under
this ordinance. )
3 . The washing or sprinkling of foundations is
prohibited except on designated outdoor water use
days between the hours of 7 : 00 p.m. and 12 : 00
� midnight .
4 . The refilling or adding of water to swimming
and/or wading pools is prohibited. However, this
restriction does not apply to public swimming
pools and wading pools not equipped with
filtration and recirculation equipment which must
be drained and filled daily pursuant to health
�r � regulations .
5 . The operation of any ornamental fountain or other
��' structure making similar use of water is
prohibited.
6 . The use of water for irrigation of golf greens an�l
tees is prohibited except on designated outdoor
water use days between the hours of 12 : 00 midnight
to 12 : 00 noon and 7 : 00 p.m. to 12 : 00 midnight .
The irrigation of golf course fairways is
absolutely prohibited.
7 . The use of water from fire hydrants shall be
limited to fire-fighting related activities and/or
other activities necessary to maintain the health,
safety, and welfare of the citizens of Grapevine.
This restriction does not apply to businesses
which require the use of water for land
development and building construction processes .
Pursuant to written approval by the Director , said
businesses shall be allowed to purchase and draw
water from fire hydrants designated for such use
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b� the Water Department .
8 . The following uses of water are defined as "waste
of water" and are absolutely prohibited:
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a. allowing water to run off into a gutter,
ditch, or drain; or
b. failing to repair a controllable leak;
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c . washing sidewalks, driveways, parking
areas, tennis courts, patios, or other
paved areas, except to alleviate immediate
health or fire hazards .
Provided, however, that none of the Stage 2 restrictions
shall apply to the following uses of water :
a. The routine and necessary use of water,
other than for landscape irrigation, by a
,�r-x� gavernmental entity in pursuit of its
governmental functions for the benefit of
the public, such as for capital improvement
construction projects and for the cleaning
�"' of streets to prevent debris and harmful
substances from entering water systems via
storm sewers;
b. The routine and necessary use of water,
other than for landscape irrigation, for
land development (e.g. , roadway base
preparation, flushing of utility lines,
dust control, concrete and asphalt work)
and for building construction processes;
c . The necessary use of water for the routine
maintenance and/or repair of water
distribution facilities, residential and
commercial plumbing and permanently
installed landscape irrigation systems;
d. The use of water necessary to irrigate
large, landscaped areas in commercial and
institutional establishments as authorized
by the Director pursuant to Section 25-144 ,
�'°� hereof . In no event, however, shall a
permit be approved if the terms and
� conditions therein do not meet or exceed
the purpose and intent of the Drought
Contingency Plan; and
e. The use of water necessary for the
establishment of specially permitted
landscaping in new residential and
commercial development, as set forth in the
terms and conditions of a permit issued by
the Director pursuant to Section 25-144 ,
hereof .
However, the uses of water listed above in e.
shall not be allowed upon implementation of Stage
3 or Stac�e 4 restrictions unless specifically
authorized by the terms and conditions of a permit
applied for and approved under Stage 3 or Stage 4 ,
whichever is implemented. Under no circumstances
shall permits be issued in Stage 4 for the use of
water necessary for the establishment of
landscaping in new, residential and commercial
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development (as set out in e. above) .
9 . The washing of automobiles, trucks, trailers,
boats, airplanes, or other types of mobile
�..,� equipment upon the immediate premises of a
commercial car wash, commercial service station,
or private fleet washing facility shall occur only
between the hours of 12 : 00 noon to 5 : 00 p.m.
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Sec . 25-141 . Stage 3 . Mandatory Compliance - Severe Condition.
Stage 3 is attained when the surface water demand reaches
90 M.G.D. or when the combined pumping capacity of the City of
Grapevine/Trinity River Authority Water Treatment Plants
capacity is 100�, whichever is less and upon implementation by
the Director and publication of notice, the following
restrictions shall apply to all customers of or persons who use
water supplied by the City. All elements of Stage 2 shall
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remain in ef�ect in Stage 3 except that :
l . The use of water excluded from the restrictions
under Stage 2 and listed under Sec. 25-140(8) (e)
�.� as allowable uses of water are prohibited unless
specifically approved and authorized pursuant to a
permit granted under Stage 3; except that permits
for the use of water necessary for the
establishment of landscaping in new, residential
and commercial development shall only be issued to
landscape professionals licensed by the Texas
Department of Agriculture. The authority to use
water under the terms and conditions of a permit
shall be null and void upon implementation of
Stage 4 of the Drought Contingency Plan. A new
and separate application for a permit must be
submitted for approval upon implementation of
Stage 4 .
2 . The washing of automobiles, trucks, trailers,
boats, airplanes, and other types of mobile
equipment is prohibited except on designated
outdoor water use days between the hours of 6 : 00
a.m. to 10 : 00 a.m. and 7 : 00 p.m. to 10 : 00 p.m.
Such washing, when allowed, shall be done with a
hand-held bucket, or a hand-held hose equipped
��� with a positive shutoff nozzle for quick rinses .
The nozzle shall be removed when the hose is not
in use. However, this restriction does not apply
to the washing of the above listed vehicle or
mobile equipment when conducted on the immediate
premises of a commercial car wash, a commercial
service station or private fleet washing
facility. Furthermore, this restriction shall not
apply to the washing of automobiles, trucks,
trailers, boats, airplanes and other types of
mobile equipment (such as garbage trucks and
vehicles to transport food and perishables) when
said washing is necessary on a more regular and
frequent basis in order to protect the health,
safety and welfare of the public . (The washing of
each individual automobile, truck, trailer, boat,
airplane and/or any other type of mobile equipment
in violation of the terms and conditions of this
restriction constitutes a separate violation under
this ordinance) .
3 . All restaurants are prohibited from serving water
to their customers except when specifically
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requested by the customer .
Sec . 25-142 . Stage 4 . Mandatory Compliance - Critical
Condition.
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Stage 4 is attained when the surface water demand exceeds
90 M.G.D. or when the surface water demand exceeds the pumping
capacity of the City of Grapevine/Trinity River Authority Water
Treatment Plant, whichever is less and upon implementation by
the Director and publication of notice, the following restric-
tions shall apply to all customers of or persons who use water
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supplied by the City. All elements of Stage 3 shall remain in
effect in Stage 4 except that: '
i . All outdoor irrigation of vegetation, including
lawns, by hand-held hoses, drip irrigation, or
hand-held buckets shall occur only between the
hours of 6 : 00 a.m. to 10 : 00 a.m. and 7 : 00 p.m. to
10: 00 p.m. on designated outdoor water use days .
Irrigation using individual sprinkler systems is
prohibited.
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2 . The washing of automobiles, trucks, trailers,
boats, airplanes, and other types of mobile
��� equipment not occurring upon the immediate
premises of a commercial car wash, a commercial
service station or a private fleet washing
facility and not in the immediate interest of the
public health, safety and welfare shall be
prohibited.
3 . The washing of automobiles, trucks, trailers,
boats, airplanes, or other types of mobile
equipment upon the immediate premises of a
commercial car wash, a commercial service station
or private fleet washing facility in the immediate
interest of the public health, safety, and
welfare, shall occur only between the hours of
12 : 00 noon and 5 : 00 p.m.
4 . Commercial nurseries, commercial sod farms, and
similarily situated commercial establishments
shall water only on designated days between the
hours of 10 : 00 a.m. and 5: 00 p.m. and shall
utilize only hand-held hoses, drip irrigation
systems, or hand-held buckets .
5 . The filling, refilling or adding of water to
� .p swimming and/or wading pools is prohibited.
6 . The draining and filling of public swimming and
wading pools not equipped with filtration and
recirculation equipment is prohibited; said pools
shall be closed.
7 , The operation of any ornamental fountain or
similar structure is prohibited.
8 . All restaurants are prohibited from serving water
to their customers except when specifically
requested by the customer .
9 . The uses of water excluded from the restrictions
under Stage 2 and listed thereunder as allowable
uses of water pursuant to Sec . 25-140(8) (e) is
prohibited unless specifically approved and
authorized pursuant to a permit granted under
Stage 4; except that no permits shall be issued
for the use of water necessary for the
estai�lishment of landscaping in new, residential
�`'"`� and cammercial deve�.ogment .
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10 . In addition to the regulations regarding the use
of water, a user surcharge may be implemented by
City Council action for excess water use as
determined by the City Council .
Division 3 . Enforcement, Implementation
Sec. 25-143. Preswnption.
For purposes of this Article, it shall be presumed that a
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person, corporation or association in whose name the water
Department of the City is or was last billed or who is
receiving the economic benefit of said water supply, has
knowingly made, caused, used or permitted the use of water
��� received from the City for residential, commercial, industrial,
agricultural, governmental or any other purpose in a manner
contrary to any provision of this Article, or in an amount in
excess of the use permitted by the conservation stage in
effect, or in a manner contrary to the terms and conditions of
a permit issued bp the Director, if the water has been used in
a manner contrary to any provision of this Article, or in an
amount in excess of the use permitted by the conservation stage
in effect, or in a manner contrary to the terms and conditions
of a valid permit issued by the Director .
Sec. 25-144 . Permits
The Director shall review hardships and special cases
which cannot follow the letter of this Article. The Director
shall review such hardship or special cases and determine
whether or not said case warrants a permit to use water in
contravention of this Article. The Director shall consider the
facts of each case and decide whether to grant a permit within
five (5) working days of the receipt of a properly completed
"Application for Permit" form. A permit shall be granted only
for reasons of economic hardship which is defined as a threat
to an individual ' s or business ' primary source of income. (But
under no circumstances shall inconvenience or the potential for
� � damage of landscaping be considered an economic hardship which
justifies a permit) . The Director shall authorize only the
implementation of equitable water use restrictions which
further the purpose and intent of the Drought Contingency
Plan. The special water use restrictions authorized by the
Director in each special or hardship case shall be set forth on
the face of the permit . A fee of $25 . 00 per permit application
shall be assessed to defray administrative costs .
A permit issued under Stage 2 of this ordinance shall not
be valid upon implementation of Stage 3 or Stage 4 of this
Article. A permit expires under its own terms and conditions
and/or when another stage of the Drought Contingency Plan is in
effect . A separate application for a permit must be submitted
at each Stage of the Drought Contingency Plan.
Any person, corporation or association who is issued a
permit and makes use of the water utility of the City pursuant
to said permit shall provide proof of said permit upon demand
by any peace a£ficer or person authorized by the City to
enforce this Article. Upon cc�nviction of violating any
�: . provision� of this Ar�ticl�, the Director may revoke any permit
previously granted upon a violation of this Article. Provided,
however, the Director shall notify applicant of the proposed
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revocation five (5) working days before taking such action, and
that applicant be given the opportunity to be heard by t e
Director prior to taking such such action.
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Any person, corporation or association may appeal the
denial or revocation of a permit under this section to the City •
Council . An appeal must be filed with the City Secretary
within five (5) days of the date of the denial or revocation of
a permit by the Director . The City Council shall be authorized
to grant a permit pursuant to this Article if the granting of
such permit will further the intent and purpose of the Drought
Contingency Plan.
Sec. 25-145 . Mandatory Gonservation Staqe Implementation.
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The Water Department shall monitor the projected supply
and demand for water by its customers on a daily basis during
the months of May, June, July, August, and September, and shall
recommend to the Director the extent of the conservation
required through the implementation or termination of
particular conservation stages in order for the City to
prudently plan for and supply water to its customers .
Thereafter, the Director may order that the appropriate stage
of water conservation be implemented• or terminated in
accordance with the applicable provisions of this Article.
Said order shall be made by public announcement and shall be
published a minimum of one ( 1) time weekly in a newspaper in
general circulation within the area served by the Water
Department .
Sec . 25-146 . Penalty.
Any person, corporation, or association violating any
provision of this Article shall be deemed guilty of a
misdemeanor , and, upon conviction, shall be punished by a fine
not to exceed Two Thousand Dollars ($2, 000 . 00) . The violation
of each provision, and each separate violation thereof , shall
be deemed a separate offense, and shall be punished
�� accordingly. Provided, however , compliance may be further
sought through injunctive relief in the District Court .
"`� SECTION 2 . If any provision, section, subsection, sentence,
clause or phrase of this ordinance, or the application of same
to any person or set of circumstances is for any reason held to
be unconstitutional , void, or invalid by a court of competent
jurisdiction, the invalidity of the remaining portions of this
ordinance shall not be affected thereby, it being the intent of
the City Council in adopting this ordinance that no portion
thereof or provisions, or regulations contained herein, shall
become inoperative or fail by reason of any unconstitutionality
of any other portion hereof and all provisions of this
ordinance are declared to be severable for that purpose.
SECTION 3 . The fact that the present ordinances and
regulations of the City of Grapevine, Texas, are inadequate to
properly safeguard the health, safety, morals, peace and
general welfare of the inhabitants of the City of Grapevine,
Texas, creates an emergency for the immediate preservation of
the public business, property, health, safety and general
welfare of the public which requires that this ordinance shall
become effective from and after the date of its passage and it
is accordingly so ordained.
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PASSED AND APPROVED on the 19th day of July , 1988 .
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Mayor, City of Grap�vine, Texas
ATTEST:
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City ecretar�, C of Grapevine,
Texas
LSEAL]
APPROVED AS TO FORM:
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� City Attorney, City,�of Grapevine,
Texas
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