HomeMy WebLinkAboutItem 16 - Lawn and Landscape Irrigation and Water ConservationOrdinance Amending Section 25 of the City Code of Ordinances to add Sections 25-147, 148 & 149
relating to lawn and landscape irrigation and water conservation
requires that rain and freeze sensors be installed with all new irrigation systems
after August 1, 2006. It also requires that existing irrigation systems be retrofitted
with rain and freeze sensors by August 1, 2007 for industrial and commercial
irrigation systems.
• Authorizes the City Manager to grant variances to the requirements of this
ordinance.
• Exempts private water wells used for irrigation and newly installed lawns or
landscapes from the restrictions of this ordinance for a period of six weeks.
Staff recommends approval.
JSL
OAagencla\2006\7-18-060rought Ord. Memo
July 12, 2006 (12:23PM)
ORDINANCE O
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING CHAPTER 25, ARTICLE V
REGARDING WATER SERVICE AND WATER
CONSERVATION PROVIDING FOR RESTRICTIONS ON
DAILY IRRIGATION; PROVIDING A SEVERABILITY
CLAUSE; DECLARING AN EMERGENCY AND PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, there currently exists a drought situation in North Texas, which drought
threatens the availability of a continuous and reliable potable water supply; and
WHEREAS, the City of Grapevine has been asked by the Trinity River Authority to
adopt drought contingency provisions in order to better manage the precious resource of
potable water; and
WHEREAS, in the absence of this ordinance, the City of Grapevine may not be able
to adequately protect its potable water supply, to ensure its availability for both regular and
emergency consumption; and
WHEREAS, all legal prerequisites for the passage of this ordinance have been met,
including, but not limited to, the requirements of the Texas Open Meetings Act and the City
Charter; and
WHEREAS, the current drought situation and the inadequate regulations to respond
to such a drought represent an emergency pursuant to the City Charter; and
WHEREAS, the City Council has found that the passage of this ordinance serves
the best interests of the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That all of the above premises are found to be true and correct and
are hereby incorporated into the body of this ordinance by reference as if copied in their
entirety herein.
Section 2. That the Grapevine Code of Ordinances, Chapter 25 Utilities and
Services, Article V Drought Contingency Plan is hereby amended with the addition of the
following sections:
"Sec. 25-147. LAWN AND LANDSCAPE IRRIGATION AND WATER
CONSERVATION.
Lawn and Landscape Irrigation Restrictions
(a) Irrigation or watering of any lawn or landscape is prohibited between
the hours of 10:00 a.m. and 6:00 p.m. at all times throughout the year.
(b) 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. at anytime during the year.
(c) 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.
(d) The City Manager or his designee may mandate a two (2) day per
week watering schedule based on the following watering zones.
(1) Zone "A" — North of the Cottonbelt Railroad Corridor — Tuesday
and Friday
(2) Zone "B" — South of the Cottonbelt Railroad Corridor —
Wednesday and Saturday
Sec. 25-148. Rain and Freeze Sensing Devices
(a) Any commercial or industrial customer class irrigation system installed
ORD. NO. 2
within the City on or after August 1, 2006, must be equipped with rain
and freeze sensors.
(b) Any commercial or industrial customer class irrigation system installed
before August 1, 2006, may not be operated after August 1, 2007,
without being equipped with rain and freeze sensors.
(c) The potable water supply to lawn irrigation systems shall be protected
against backflow in accordance with the City's Backflow and Cross -
connection Control Program. Backflow and Cross -connection devices
are required to be inspected and tested in accordance with schedules
consistent with the requirements of the 2003 International Plumbing
Code.
(d) Any residential customer class irrigation system installed within the
city on or after August 1, 2006, must be equipped with rain and freeze
sensors.
Sec. 25-149. Variances
(a) The City Manager or his designee may grant variances from the
provisions of this Article provided that:
(1) The applicant signs a compliance agreement form provided by
the City Manager or his designee, agreeing to irrigate or water
a lawn or landscape only in the amount and manner permitted
by the variance.
(2) Granting of a variance does not cause an immediate significant
reduction in the City's water supply.
(3) The extreme hardship or need requiring the variance relates to
the health, safety, or welfare of the person requesting it.
(4) The health, safety, or welfare of other persons is not adversely
affected by granting the variance.
(b) The City Manager or his designee may revoke a variance granted
when the City Manager 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
the health, safety, of welfare of other persons requires
revocation.
ORD. NO. 3
(c) Exemptions
(1) The City Manager or his designee may grant exemptions to:
a. Private water wells used for irrigation after a visual
inspection by the City.
b. Newly installed lawns or landscapes for up to six
weeks."
Section 3. 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
ordinance 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.
Section 4. If any section, article, paragraph, sentence, clause, phrase or word in
this ordinance, or application thereto to 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 5. 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 become effective form
and after the date of its passage and it is accordingly so ordained.
Section 6. .This ordinance shall be in full force and effect after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 18th day of July, 2006.
ORD. NO. 4
ATTEST:
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