HomeMy WebLinkAboutOrd 659-2014 Amending BLDG Regs Irrigation Restrictions.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 659-2014
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES BY AMENDING PART II, ARTICLE 8 (BUILDING
REGULATIONS) SECTION 16 (LAWN AND LANDSCAPE IRRIGATION
RESTRICTIONS); PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS
ORDINANCE NOT TO EXCEED $2000; PROVIDING FOR SAVINGS,
SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas (the "City"), recognizes that the amount of water
available to its water customers is limited; and
WHEREAS, the City recognizes that due to natural limitations, drought conditions,
system failures and other acts of God which may occur, the City cannot guarantee an
uninterrupted water supply for all purposes at all times; and
WHEREAS, the Texas Water Code and the regulations of the Texas Commission on
Environmental Quality (the "Commission") require that the City adopt a Water
Conservation Plan; and
WHEREAS, pursuant to Chapter 54 of the Local Government Code, the City is
authorized to adopt such Ordinances necessary to preserve and conserve its water
resources; and
WHEREAS, as part of the Water Conservation Plan, the City is required to adopt
landscape water management regulations that correspond to water management
regulations adopted by the Greater Texoma Utility Authority and the North Texas
Municipal Water District; and
WHEREAS, the purpose of these proposed landscape water management regulations
is to provide a consistent mechanism for preventing the waste of water resources.
WHEREAS, the City of Anna, Texas City Council ("City Council") has previously
adopted standards, requirements, and procedures for and otherwise governing Lawn
and Landscape Irrigation Restrictions;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
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Section 2. Amendment.
In accordance with Part II, Article 1, Section 9 of the Anna City Code of Ordinances;
Part II, Article 8, Section 16 or the Anna City Code or Ordinances is hereby amended
as follows:
Section 16. Landscape and Water Management Regulations Lawn
16.01 Lawn and Landscape Irrigation Restriction
(a) A person commits an offense if the person irrigates, waters, or knowingly
or recklessly causes or allows the irrigation or watering of any lawn or
landscape located on any property owned, leased, or managed by the
person between the hours of 10:00 a.m. and 6:00 p.m. from April 1
through October 31 of any year. °pee;^„-GOFnn;tS aR sense if�;,g
the period from june 1 through SepternbeF 30 of aRY yeaF and between
the hours of 8-00 a.m. and 8:00 p.m. on any day dwFing that peried he
iFFigation-s -watering of ally I•'�"avr�'n—or IandsGape IGGated GR nromi�oc
owned,
leased, or FnaRaged by him with an automated ir i- ition system.
(b) Any 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) over -watering lawn or landscape, --i-d—fantial amount of water to
such that a constant stream of water overflows from the lawn or
landscape onto a street or other drainage area; or
(2) irrigating lawn or landscape an irFigatiaR system 9F etheF lawn e
landSsape watering dev+Ee—teopera during any form of
precipitation or during freezing conditions +n- .! to fGFFn on
streets -and -sidewalks. This restriction applies to all forms of
irrigation, including automatic sprinkler systems; or
(3) the irrigation of impervious surfaces or other non -irrigated areas
wind driven water drift taken into consideration.
(c) A person commits an offense if, on premises owned, leased, or managed
by him, be operated a lawn or landscape irrigation 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.
ORD. 659-2014 Lawn & Landscape Irrigation Restrictions Page 2 of 5 06-10-14
(d) A person commits an offense if the person knowingly or recklessly allows
the irrigation or watering of any lawn or landscape located on any property
owned, leased, or manacled by the person more than two days per week
from April 1 through October 31 of any year. Additional waterinq of
landscape may be provided by hand-held hose with shutoff nozzle use of
dedicated irrigation drip zones, and/or soaker hose provided no runoff
occurs.
(e) A person commits an offense if the person knowingly or recklessly allows
the irrigation or watering of any lawn or landscape located on any property
owned leased or managed by the person more than one day per week
beginning November 1 and ending March 31 of any year. Additional
watering of landscape may be provided by hand-held hose with shutoff
nozzle, use of dedicated irrigation drip zones, and/or soaker hose
provided no runoff occurs
16.02 Rain and Freeze Sensing Devices and/or ET or Smart
Controllers
(a) Any new irrigation system installed within the City on or after May 1, 2003,
must be equipped with rain sensing devices and freeze gauges, and/or ET
or Smart Controllers in compliance with state design and installation
regulations. ET/ or Smart Controllers are irrigation controllers that adjust
their schedule and run times based on weather (ET) data. These
controllers are designed to replace the amount of water lost to
evapotranspiration. Evapotranspiration abbreviated as ET represents the
amount of water lost from plant material to evaporation and transpiration.
The amount of ET can be estimated based on the temperature, wind, and
relative humidity.
9#fisial.
(b) A person commits an offense if, on premises owned, leased, or managed
by him, he
(1) installs, or causes or permits the installation of, a new irrigation
system in violation of section 16.02(x); ��QL
(2) operates, or causes or permits the operation of, an irrigation system
that does not comply with section 16.02(a). 19.02(a).
16.03 Filling or Refilling of Ponds
A person commits an offense if the person knowingly or recklessly fills or
refills any natural or manmade pond located on any property owned, leased,
or managed by the person by introducing any treated water to fill or refill the
pond. This does not restrict the filling or maintenance of pond levels by the
effect of natural water runoff or the introduction of well water into the pond. A
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pond is considered to be a still body of water with a surface area of 500
square feet or more.
16.04 Washing of Vehicles
A person commits an offense if the person knowingly or recklessly washes a
vehicle without using a water hose with a shut-off nozzle on any prop ertx
owned, leased, or managed by theerp son.
16.05 Variances
The City Manager or his designee Building 0 may, in special cases,
grant variances from the provisions of this Section 16 19.02(a) to persons
demonstrating extreme hardship and need. The Building OffiGial may Want
Variances may be granted under afl-ef the following circumstances and
conditions:
(a) The applicant must sign a compliance agreement on forms provided by
the City ming 9 , and approved by the City Attorney, agreeing to
irrigate or water a lawn or landscape only in the amount and manner
permitted by the variance; and
(b) Granting of a variance must not cause an immediate significant reduction
in the City's water supply; and
(c) The extreme hardship or need requiring the variance must relate to the
health, safety, or welfare of the person requesting it; and
(d) The health, safety, and welfare of other persons must not be adversely
affected by granting the variance.
16.06 Revocation of Variances
The City Manager or his designee Building may revoke a variance
granted when he or she the direGte determines that:
(a) the conditions of section 16.05 19.03 are not being met or are no longer
applicable;
(b) The terms of the compliance agreement are being violated; or
(c) The health, safety, or welfare of other persons requires revocation.
16.07 Penalty
Any person, firm, corporation or business entity violating this section shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be fined
any sum not exceeding $2,000, unless otherwise specifically set forth in this
Code. Each continuing day's violation under this section shall constitute a
separate offense. The penal provisions imposed under this section shall not
preclude the City of Anna from filing suit to enjoin the violation. The City of
Anna retains all legal rights and remedies available to it pursuant to local,
ORD. 659-2014 Lawn & Landscape Irrigation Restrictions Page 4 of 5 06-10-14
state and federal law.
(Ord. Ne. 70 2003�, adopted
Section 4. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed
to the extent of that conflict. If any provision of this ordinance shall be held to be invalid
or unconstitutional, the remainder of such ordinance shall continue in full force and
effect the same as if such invalid or unconstitutional provision had never been a part
hereof. The City declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, and phrases be declared unconstitutional
or invalid.
Section 5. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law, of its caption and the City Secretary
is hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 10th day of June, 2014.
ATTESTED: APPROVED:
111JI&W'd"ll
�S cretary, Natha Wilkison Mayor, Mike Crist
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