HomeMy WebLinkAboutOrd 070-2003 Lawn & Landscape Irrigation.pdfORDINANCE NO. 70-2003
AN ORDINANCE OF THE CITY OF ANNA, TEXAS PROVIDING
FOR SETTING LAWN AND LANDSCAPE IRRIGATION
PRACTICES WITHIN THE CITY, ESPECIALLY DURING THE
SUMMER MONTH; PROVIDING FOR A MAXIMUM PENALTY
OF $2,000.00; CONTAINING A SAVINGS CLAUSE,
CONTAINING A CONFLICT LIMITATION CLAUSE, AND
CONTAINING A REPEALER CLAUSE; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS
PROVIDED BY LAW.
WHEREAS the City Council see a need to conserve water resources for the most
beneficial and vital uses; and
WHEREAS there is a need to regulate the lawn and landscape irrigation practices within
the city, especially in the summer months:
NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE
CITY OF ANNA, TEXAS:
Section A. Lawn and Landscape irrigation restrictions.
(1). A person commits an offense if, during the period from June 1 Through
September 30 of any year and between the hours of 8:00 a.m. and 8:00 p.m. on any day
during that period he irrigates with an automated irrigation system or causes or permits
the irrigation or watering of any lawn or landscape located on premises owned, leased, or
managed by him with an automated irrigation system.
(2). 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:
(A). a substantial amount of water to fall upon impervious areas instead of
upon the lawn or landscape, such that a constant stream of water overflows from the lawn
or landscape onto a street or other drainage area; or
(B). an irrigation system or other lawn or landscape watering device to
operate during any form of precipitation or during freezing conditions causing ice to form
on streets and sidewalks.
(3). A person commits an offense if, on premises owned, leased, or managed by
him, be operated a lawn or landscape irrigation device that:
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(A). has any broken or missing sprinkler head; or
(B). has not been properly maintained in a manner that prevents the waste
of water.
Section B. Rain Sensing devices and freeze gauges.
(1). Any new imgation system installed within the city on or after May 1, 2003,
must be equipped with rain sensing devices and freeze gauges approved as to number and
type by the Building Official.
(2). A person commits an offense if, on premises owned, leased, or managed by
him, he:
(A). installs, or causes or permits the installation of, a new irrigation
system in violation of Section B(1);
(B). operates, or causes or permits the operation of, and imgation system
that does not comply with Section B(1).
Section C. Variances: The Building Official may, in special cases, grant variances from
the provisions of Section A(l) or Section B to persons demonstrating extreme hardship
and need. The director may grant variances only under all of the following circumstances
and conditions.
(1). The applicant must sign a compliance agreement on forms provided by the
Building Official, 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.
(2). Granting of a variance must not cause an immediate significant reduction in
the city's water supply.
(3). The extreme hardship or need requiring the variance must relate to the health,
safety, or welfare of the person requesting it.
(4). The health, safety, and welfare of other persons must not be adversely
affected by granting the variance.
Section D. Revocation of Variances. The director may revoke a variance granted when
the director determines that:
(1). the conditions of Section C are not being met or are no longer applicable;
(2). The terms of the compliance agreement are being violated;
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(3). The health, safety, or welfare of other persons requires revocation.
Section E. It is hereby officially determined that the meeting at which this ordinance was
passed was open to the public as required by law and that public notice of the time, place
and purpose of said meeting was given as required.
Section F. If any section, subsection, paragraph, sentence, clause, phrase, or word in this
ordinance, or application thereof to any person or circumstances, is held invalid by a
court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of the ordinance, and the City Council hereby declares it would have passed
such remaining portions of the ordinance despite such invalidity.
Section G. This ordinance shall not be construed so as to conflict with any superior law,
including but not limited to: the laws and statutes of the State of Texas and the laws and
statutes of the United States.
Section H. All ordinances, parts of ordinances, resolutions, or policies of the City of
Anna in conflict, or to come in conflict, with this ordinance are expressly repealed to the
extent of such conflict.
Section I. Any person or corporation violating any of the provisions of this ordinance
shall upon conviction be fined a sum not to exceed two thousand dollars ($2,000.00) per
day and each and every day that the provisions of the ordinance is violated shall be
constituted a separate and distinct offense.
Section J. The City Secretary is hereby directed to publish the caption of this ordinance
as required by law in the official newspaper and this ordinance takes effect after
publication.
PASSED AND APPROVED BY THE CITY OF ANNA, TEXAS on this the 22nd day of
April, 2003.
ATTEST:
Ronald R. Ferguson, ~ayor//
~2-p~ &L.--
Wayne ~.fummin~s, City ~ecreta6
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