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HomeMy WebLinkAboutORD 1997-033 „�a,.� ORDINANCE NO. 9�-33 ;,�, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES, CHAPTER 25 UTILITIES AND SERVICES, ARTICLE V. DROUGHT CONTINGENCY PLAN; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, The City of Grapevine has had a Drought Contingency Plan in effect to effectively manage the eventuality of a drought or other curtailment of the potable water system since July 19, 1988; and WHEREAS, modification of the plan will allow for a higher degree of effectiveness .�-� in the event of a potable water shortage emergency; and � WHEREAS, the Water Development Board has reviewed and approved the plan modifications; and WHEREAS, it is imperative to the health and welfare of the citizens of Grapevine to have potable water for domestic purposes; and WHEREAS, the City Staff requests the City Council approve the modifications to the existing Drought Contingency Plan Ordinance and incorporate the modifications in a new Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated in the preamble of this ordinance are true and correct and are hereby incorporated into the body of this ordinance as if copied in their entirety. �� Section 2. That the Grapevine Code of Ordinances is hereby amended by amending Chapter 25 Utilities and Services, Article V. Drought Contingency Plan as shown �,,,o„ on the attached Exhibit "A”, attached hereto and made a part hereof as if copied in its entirety. .� Section 3. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect; provided, however, that the ordinance or ordinances under which the cases currently filed and � pending in the Municipal Court of the City of Grapevine, Texas, shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding not guilty or nolo contendere, or dismissal. Section 4. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 5. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 6. 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. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the �st day of April , 1997. APPROVED: William D. Tate Mayor � irrrr ORD. NO. g7-33 2 � ATTEST: � � Linda uff ' City Secretary APPROVED AS TO FORM: , , - . . � r. �.�. i�;, . � � __ ,_ �< -� John F. Boyle, Jr. ' City Attorney ��_:� t � T"`_ " � ORD. NO. 97-33 3 �,,, EXHIBIT "A" TO ORD. NO. �/"l-�-3 � CHAPTER 25, UTILITIES AND SERVICES ARTICLE V. DROUGHT CONTINGENCY PLAN DIVISION 1. GENERALLY Sec. 25-134. Scope. There is hereby established a City of Grapevine Drought Contingency Plan. (Ord. No. 88-49, 1,7-19,88) 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. E ; �""'�` Sec. 25-136. Authorization. The director of public works ("director") is hereby authorized and directed to implement the applicable provisions of this article 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, wherever situated. DIVISION 2. CONSERVATION STAGES Sec. 25-137. Water conservation stages. (a) No customer of or person who uses water from 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 provision of this article, or in an amount in excess of that use permitted by the conservation stage in effect pursuant to action taken ORD. NO. 97-33 � �,., EXHIBIT "A" TO ORD. NO. �f'I-�-� � by the director in accordance with the provisions of this article. (b) The director shall promulgate guidelines which shall set forth the criteria for determining when a particular conservation stage is to be implemented and terminated. Such guidelines shall be updated when, in the opinion of the director, the conditions of the department have changed so as to necessitate such update. The director shall include in such guidelines a calendar symbol system designating allowed days for outdoor water use by customers. Said guidelines shall be available for inspection at the city secretary's office and the water department billing office during normal business hours. Sec. 25-139. Voluntary conservation - mild condition. << » . . . , , � �°� . � � . This section has been deleted in its entirety. Sec. 25-140. Stage 1, mandatory compliance - moderate condition. << » . . . , , , �� � Stage 1 moderate condition is attained when the surface water demand reaches (90% of pum�ing capacity - City of Grapevine/Trinity River Authority water �"""` treatment plants). � j� Production at the combined City of Grapevine and Trinity River Authoritv surface water treatment�lant reduced to a�oint such that the aggreqate surface water ORD. NO. 97-33 2 �,,, EXHIBIT "A" TO ORD. NO. gt��� � demand of the system is ninety percent (90%) of the reduced pumping capacity. (1) All outdoor irrigation of vegetation, including lawns, by portable sprinklers shall occur only befinreen the hours of 6:00 A.M. to 10:00 A.M. and 7:00 P.M. to 10:00 P.M. on a designated outdoor water use day, which shall be once every five days. All outdoor irrigation of vegetation, including lawns, by permanently installed automatic sprinkler systems shall occur only between the hours of 12:00 Midnight and 7:00 A.M. on designated outdoor water use days. Irrigation by hand-held hoses, drip irrigation or hand held buckets is permitted anytime. The above restrictions do not apply to the irrigation of commercial nurseries, commercial sod farms and similarly situated commercial establishments. Said establishments will be requested to curtail all nonessential water use. It shall be within the director's discretion to institute this subsection of section 25-140. (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 12:00 midnight to 12:00 noon and 7:00 pm 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 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 article. (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) 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 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 and tees is prohibited, except ORD. NO. 97-33 3 � EXHIBIT "A" TO ORD. NO. �'�3 � on designated outdoor water use days befinreen the hours of 12:00 midnight to 12:00 noon and 7:00 p.m. and 12:00 midnight. The irrigation of golf course fairways is absolutely prohibited. (7) The use of water for 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 by the water department. (8) The following uses of water are defined as "waste of water" and are absolutely prohibited: a. Allowing water to run off into a gutter, ditch or drain; or b. Failing to repair a controllable leak; 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 1 restrictions shall apply to the following uses of water: d. The routine and necessary use of water, other than for landscape irrigation, by a governmental 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; e. 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; f. 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; g. 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 continency � plan; and h. The use of water necessary for the establishment of specially ORD. NO. 97-33 4 �, EXHIBIT "A" TO ORD. NO. �17--�� � 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 (h) shall not be allowed upon implementation of Stage 2 or Stage 3 restrictions, unless specifically authorized by the terms and conditions of a permit applied for and approved under Stage 2 or Stage 3, 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 development (as set out in (h) 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. Sec. 25-141. Stage 2, mandatory compliance - severe condition. �'°� E � , , , � Ja� Stage 2, severe condition is attained when the surface water demand reaches (95% of �umpinq capacity City of Grapevine/Trinity River Authority water treatment �lantsl. � Production at the City of Grapevine/Trinity River Authority surFace water treatment plant is reduced to a point such that the aggreqate surface water demand of the �stem is 100�ercent �00%) of the reduced pumping capacity. (1) The use of water excluded from the restrictions under Stage 1 and listed under section 25-140(8)(h) as allowable uses of water are prohibited, unless specifically approved and authorized pursuant to a permit granted under Stage 2; 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 ORD. NO. 97-33 5 �,,, EXHIBIT "A" TO ORD. NO. �j�3 �` Stage 3 of the drought contingency plan. A new and separate application for a permit must be submitted for approval upon implementation of Stage 3. (2) The washing of automobiles, trucks, trailers, boats, airplanes an 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 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 other type of mobile equipment in violation of the terms and conditions of this restriction constitutes a separate violation under this �"' article. (3) All restaurants are prohibited from serving water to their customers, except when specifically requested by the customer. Sec. 25-142. Stage 3, mandatory compliance - critical condition. , , , , • .� Stage 3, critical condition is attained when the surface water demand (7 day ""� period) exceeds�100% of pumpin� capaci� - City of Grapevine/Trinity River Authority water treatment plants). � ,� Production at the City of Grapevine/Trinity River Authority plants reduced ORD. NO. 97-33 6 �,� EXHIBIT "A" TO ORD. NO. 97�3 �` to a�oint such that aggregate surface water demand of the system exceeds the reduced production, including a complete failure of the �lant to produce any water. (1) All outdoor irrigation of vegetation, including lawns, by hand-held buckets shall shall occur only befinreen 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. (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 private fleet washing facility and not in the immediate interest of 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 and not � � in the immediate interest of 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 similarly 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 swimming and/or wading pools is prohibited. (6) The draining and filing 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 1 and � listed thereunder as allowable uses of water pursuant to section 25- 140(8)(h) are prohibited, unless specifically approved and authorized ORD. NO. 97-33 7 �, EXHIBIT "A" TO ORD. NO. �I'7 3 3 �` pursuant to a permit granted under Stage 3; except that no permits shall be issued for the use of water necessary for the establishment of landscaping in new, residential and commercial development. (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. Presumption. For purposes of this article, it shall be presumed that a 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, �H,, 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 by 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 if a valid permit issued by the director. Sec. 25-144. Permits. (a) The director shall review hardships and special cases which cannot follow the letter of this article. The director shall review such hardships 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's 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 twenty-five dollars ($25.00) per permit application shall be assessed to defray administrative costs. � (b) A permit issued under Stage 1 of this article shall not be valid upon ORD. NO. 97-33 8 „�, EXHIBIT "A” TO ORD. NO. �`�Z�3 � implementation of Stage 2 or Stage 3 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. (c) 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 officer or person authorized by the city to enforce this article. Upon conviction of violating any provision of this article, the director may revoke any permit previously granted under this article. Provided, however, the director shall notify applicant of the proposed revocation five (5) working days before taking such action, and that applicant be given the opportunity to be heard by the director prior to taking such action. (d) 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 give (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 conservation stage implementation. Emergencx conditions. j� Catastrophic failure of a critical component of the treatment, delivery or distribution system that would limit water available to meet demand. 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 ORD. NO. 97-33 9 � EXHIBIT "A" TO ORD. NO. �T�-� � 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. Secs. 25-147 - 25-149. Reserved. �-.� � � � ORD. NO. 97-33 10