HomeMy WebLinkAboutOrdinance 17901-12-2007Ordinance No. 17901-12-2007
AN ORDINANCE AMENDING CHAPTER 35, "WATER AND
SEWERS", ARTICLE VI, "LAWN AND LANDSCAPE
IRRIGATION CONSERVATION" OF THE CODE OF THE CITY
OF FORT WORTH (1986), AS AMENDED, BY AMENDING
SECTION 35-151 "LAWN AND LANDSCAPE IRRIGATION
RESTRICTIONS" TO MANDATE YEAR ROUND WATERING
AND IRRIGATION RESTRICTIONS AND TO PROVIDE FOR
AFFIRMATIVE DEFENSES AND EXECEPTIONS TO
PROSECUTION OF AN OFFENSE UNDER THIS ARTICLE;
AMENDING SECTION 35-152 "RAIN SENSING DEVICES AND
FREEZE GAUGES" TO REQUIRE PROPERLY WORKING RAIN
AND FREEZE SENSORS; ADDING SECTIONS 35-154 TO 35-157
TO ALLOW FOR ADMINISTRATIVE REMEDIES FOR CERTAIN
VIOLATIONS UNDER THIS ARTICLE AND TO PROVIDE
PROCEDURES FOR AN APPEAL ANl) HEARING; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND
PROVHDING AN EFFECTIVE DATE.
WHEREAS, the City Council finds that conservation of water and protection of water supplies
are in the best interest of its citizens; and
WHEREAS, on April 19, 2005, the City Council adopted a water conservation plan through the
adoption of Resolution No. 3190-04-2005; and
WHEREAS, on May 9, 2006, the City Council adopted an ordinance to institute time of day
watering restrictions for the months of June through September and to require rain and freeze
sensors on certain new and existing irrigation systems (M&C G-15197); and
WHEREAS, the Water Conservation Plan proposes a goal of reducing water consumption to a
level of 190 gallons per capita per day by 2010 and 180 gallons per capita per day by 2015; and
WI~I2EAS, securing future water supplies will require proving to state permitting agencies that
existing water supplies are being used efficiently.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
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SECTION 1.
Part II of the Code of the City of Fort Worth, Texas (1986), as amended, Chapter 35, "Water and
Sewers", Article VI, "Lawn And Landscape Irrigation Conservation" is hereby further amended
to read and be as follows:
ARTICLE VI. LAWN AND LANDSCAPE IRRIGATION CONSERVATION
SECTION 35-151. Lawn and Landscape Irrigation Restrictions.
(a) 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.
(b) 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, a
person 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) AfFrmative Defenses
(1) It shall be an affirmative defense to prosecution of an offense in section 35-
151 (a) that at the time such person irrigates, waters, or causes or permits the
irrigation or watering of any lawn or landscape, such activity was for the
purpose of
(A) establishing hydromulch, grass sod, or grass seed;
(B) dust control of a sports field; or
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CRL11.21.07V3
(C) for the maintenance, repair, or testing of an irrigation system.
(2) Such activity described in Subsection (d)(1) may be an affirmative defense to
prosecution only if the activity occurred for a period of thirty consecutive days
or less. After the thirtieth consecutive day of such activity, a person who
irrigates, waters, or causes or permits the irrigation or watering of any lawn or
landscape in violation of this section shall be subject to administrative fees
and criminal penalties.
(e) It shall be an exception to prosecution of an offense in this section, if a person who
irrigates, waters, or causes or permits the irrigation or watering does so by use of an
alternative water source such as a well, reclaimed or reused water, or water from the
Trinity River if that person has:
(1) Registered such alternative water source with the City;
(2) Provided sufficient proof to the director that the alternative water source is
from a well, reclaimed or reused water or from the Trinity River and has
allowed inspection by the director if deemed necessary; and
(3) Complied with the City's Backflow and Cross-connection Control Program
and City Code Sections 12.5-525 through 12.5-599.
SECTION 35-152. Rain Sensing Devices and Freeze Gauges.
(a) Any commercial or industrial customer class irrigation system installed within the City
on or after June 1, 2006 must be equipped with properly working rain and freeze sensors.
(b) Any commercial or industrial customer class irrigation system installed before June 1,
2006 may not be operated after June 1, 2007 without being equipped with properly
working rain and freeze sensors.
(c) The potable water supply to lawn irrigation system shall be protected against backflow in
accordance with the City's Backflow and Cross-connection Control Program, City Code
Sections 12.5-525 through 12.5-599. Aii rain and freeze sensors for commercial
customer class lawn irrigation systems shall under go annual inspection and testing
concurrent with schedules associated with the requirements of Section 12.5-532.
(d) Any residential customer class irrigation system installed within the City on or after June
1, 2007 must be equipped with properly working rain and freeze sensors.
(e) It shall be unlawful for any person to knowingly or recklessly install, operate, or cause or
permit the installation of or the operation of, an irrigation system in violation of
subsections 35-152(a) through (d) on premises owned, leased, or managed by that person.
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SECTION 35-154. Essential Services.
The governmental use of water for essential services such as police, fire and emergency
services which are necessary to preserve or protect the health, safety and welfare of the
citizens of Fort Worth are exempt from any and all restrictions or mandates set forth in this
Article.
SECTION 35-155. Administrative Fee.
The director or the director's designee may assess an administrative fee, in addition to any
criminal penalty assessed for a violation of this Article as described below. Each day that a
violation occurs shall constitute a separate violation.
(a) In-ground irrigation systems violations.
(1) The director may install a locking device on a double check valve to the irrigation
system found to be operating in violation of this Article and shall assess an
administrative fee as approved by City Council.
(2) Notice shall be left on the premise to advise the owner/operator that the double
check valve to the irrigation system has been turned off; and
(3) Notice shall also be sent by United States Postal Service to the person recorded as
the city's water customer notifying that person that the irrigation system has been
turned off and locked. The notice shall also state the amount of the assessed
achninistrative fee and shall advise the person of the procedures for payment of
the fees and the procedure to request a hearing to contest the assessment of the
administrative remedy.
(b) Violations for systems without double-check valves or in-ground irrigations systems.
(1) The director shall leave notice on the premise to advise the owner/operator that
the person was in violation of watering restrictions and may assess an
administrative fee as approved by City Council.
(2) Notice shall also be sent by United States Postal Service to the person recorded as
the city's water customer notifying that person of the assessment of administrative
fees and advising the person of the procedures for payment of the fees and the
procedure to request a hearing to contest the assessment of the administrative
remedy.
(c) It shall be unlawful for any person to tamper with, cause damage to or remove a locking
device placed on a check value by the director or the director's representative.
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SECTION 35-156. Procedures for paying administrative fees or Requesting a l:iearing on
the Fees.
(a) A person assessed an administrative fee who wishes to re-establish service to the
irrigation system is required to make payment of the assessed fee.
(b) A person may request a hearing to protest the assessment of an administrative fee. To
request a hearing, the water customer must make the request in person to the Water
Department within. fifteen (15) business days from the date on the written notice of
violation. If a locking device was installed it shall remain in place until the conclusion of
the hearing and payment of any required fee.
(c) The director or his designee shall act as the hearing officer. The director shall evaluate all
information offered by the petitioner at the hearing. The petitioner making the request for
a hearing shall bear the burden of proof to show by a preponderance of the evidence, why
the administrative fee should not be assessed. The hearing officer will provide a decision
at the time of the hearing or within three (3) business days following the conclusion of
the hearing.
(d) Payment of any fees assessed at the hearing must be made within seven (7) business days
of the decision from the hearing. Any fees not paid within this time limit shall be added
to the customer's next water bill.
(e) A person may elect to pay the administrative fee without requesting a hearing. Any fees
not paid within fifteen (15) business days from the date of the written notice shall be
added to the person's next water bill.
SECTION 35-157. Re-establishment of Service to Double Check Valves that have been
Docked Off.
The locking device will be removed by the Director or his designee within three (3) working
days after payment is received from customer.
SECTION 2.
CIJMUI~ATIVE PROVISIONS
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in
direct conflict with the provisions of such ordinances and such Code, in which event conflicting
provisions of such ordinances and such Code are hereby repealed.
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SECTION 3.
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council that the phrase, clause, sentence,
paragraph or section of this ordinance are severable and, if any phrase, clause, sentence, paragraph
or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have
been enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
PENALTY CLAUSE
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 5.
RIGHTS AND REMEDIES
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of the provisions of the ordinances amended herein, which have accrued at the
time of the effective date of this ordinance and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or not, under such ordinances, same
shall not be affected by this ordinance but may be prosecuted until final disposition by the courts.
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SECTI®N 6.
1'LTBLICATI®N
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the
caption of this ordinance and the penalty clause for two (2) days in the official newspaper of the
City of Fort Worth, Texas, as authorized by Section 2, Chapter XXV of the Charter of the City of
Fort Worth, Texas and by Section 52.013, Texas Local Government Code.
SECTI®N 7.
EFFECTIVE DATE
This Ordinance shall take effect upon adoption as required by law.
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
ADOPTED: December 4, 2007
EFFECTIVE~~~Q~Q~~1~~1~~) .~~
l
2007 Water Conservation Ordinance
CRL11.21.07V3
C®tr ®f ®rt VI/®rth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/4/2007 -Ordinance No. # 17901-12-2007
DATE: Tuesday, December 04, 2007
LOG NAME: 60WATER CONSERV REFERENCE NO.: G-15988
SUBJECT:
Adopt Ordinance Amending Chapter 35, "Water and Sewers," Article VI, Lawn and Landscape
Irrigation Conservation to Provide for Watering Restrictions and Enforcement Options
RECOMMENDATION:
It is recommended that the City Council amend the Water and Sewer Code ordinance to institute the time of
day watering restriction year-round, allow certain watering uses to occur during the restricted time and
provide for an alternative enforcement option using administrative fees.
DISCUSSION:
In April 2005, the City Council approved Resolution No. 3190-04-2005 which adopted a revised Water
Conservation Plan. This plan included quantified five-year and ten-year targets for water-savings, including
goals for reducing water use as measured in gallons per capita per day. Securing of future water supplies
will require proving to state permitting agencies that existing water supplies are being used efficiently.
In an effort to increase water conservation efforts and at the request of Tarrant Regional Water District, staff
recommends extending the existing 10 a.m. to 6 p.m. prohibition on landscape irrigation to be year-round.
The current time of day prohibition is from June 1 to September 30. The City of Arlington has made the
restriction year-round and the City of Mansfield is about to do the same.
The proposed revisions make it an affirmative defense to prosecution if certain watering activities occur
during the restricted time frame. These activities include establishing hydromulch, grass sod, or grass seed
for a period of 30 days, dust control of a sports field; or for the maintenance, repair, or testing of an irrigation
system.
Residents and businesses with alternative water supplies for irrigation, such as a well, raw water or reuse
water would be exempt from the time of day restriction but would be required to register those alternative
sources with the City and allow inspection of the alternative source. Compliance with the City's Backflow
and Cross-Connection Control program is required to protect the potable water system.
In addition to any criminal penalty assessed for a violation of City Code, the Water Director or his designee
may assess an administrative fee. The City may now lockout an irrigation system backflow device or
irrigation meter if it does not comply with City Code.
The Water Director or his designee may assess administrative fees for each violation, whether or not the
irrigation system is locked out, as approved by City Council. Notice shall be left on the premises of the
irrigation as well as sent to the person recorded as the water customer of that property. The notice shall
include the amount assessed and the procedures to pay the fee or to request a hearing to contest the fee.
Logname: 60WATER CONSERV Page 1 of 2
After researching the administrative costs incurred to assess these civil remedies the following schedule of
fees is recommended for adoption:
First Violation $25;
Second Violation $50; and
Third Violation $75.
The proposed changes have been discussed with the Water Conservation Advisory Committee, which
supports all the recommendations.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Water and Sewer Department is responsible for collection of funds
due to City by adoption of this ordinance.
TO Fund/AccountlCenters FROM Fund/Account/Centers
PE45 493382 0601000 0.00
Submitted for City Manager's Office by: Marc A. Ott (8476)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Mary Gugliuzza (8253)
Logname: 60WATER CONSERV Page 2 of 2