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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: ORD 70-2003 Landscape Watering.doc Page 1 of 3 (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; ORD 70-2003 Landscape Watering.doc Page 2 of 3 (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 ORD 70-2003 Landscape Watering.doc Page 3 of 3