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HomeMy WebLinkAboutOrdinance 16933-05-2006Ordinance No. 16933-05-2006 AN ORDINANCE AMENDING CHAPTIER 35, "WATER AND SEWERS", ARTICLE VI, PREVIOUSLY RESERVED NOW TO 1&E "LAWN AND LANDSCAPE IRRIGATION CONSERVATION" OF THE CODE OF THE CITY OF FORT WORTH {1.986), AS AMENDED, BY ADDING SECTIONS 35-151 THROUGH 35-153; SECTION 35-151 TO BE ENTITLED "LAWN AND LANDSCAPE IRRIGATION RESTRICTIONS"; SECTION 35w152 TO BE ENTITLED "RAIN SENSING DEVICES AND FREEZE GAUGES"; SECTION 35-153 TO BE ENTITLED "VARIANCES"; PROVIDING THAT THIS ORDINANCE SHALL BE CUIi"~ULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE HATE. WHEREAS, the City Council finds tlxat conservation of water and. protection of water supplies are in the best interest of its citizens; and WI-IEREAS, on April l9, 2005, tlxe City Council adopted. a water conservationx plaxx tlxxough the adoption of Resolution No. 3190-04--2005; and WHEREAS, the Water Conservation. Plaxx proposes a goal of reducing water consumption to a level of 1.90 gallons per capita per day by 201.0 and 180 gallons per capita per day by 201 S; and WHEREAS, securing future water supplies will require proving to state pernxitting agezxcies that existing water supplies are being used efficiently. NOW THEREFORE IiE IT ORDAINED IiY THE CITY COUNCIL OF THE CITE' OF FORT? WORTH, TEXAS: SECTION 1. Part II of the Code of the City of Fart Wortlx, Texas (1986), as amended, Chapter 35, "Water anal Sewers", Article VI, is hexeby further amended to read and be as follows: ARTICLE VI. LAWN AND LANDSCAPE IRRIGATION CONSERVATION SECTION 35-151. Lawn and Landscape Irragatiau Restrictio~xs. {a) Except for hand watering and the use of soaker hoses, a person commits an offense if that person irrigates, waters, ox causes or permits the irrigation ar watexing of any lawn or landscape located on prezxxises awxxed, leased, or managed by that parson between the Water Conservation Ordinance CRLv204.21.06 hours of 10:00 a.m. and 6:00 p.m. during the period frazn June 1 through September 30 of any year. (b) A person commits an offense if he knowingly or recklessly irrigates, waters, ar causes or permits the irrigation ar 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 ar landscape, such that a constant stream of water overflows from the lawn ar landscape onto a street or other drainage area; ar (2) an irrigation system ar other lawn ar 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: (l} has any broken or missing sprinkler head; or (2) has not been properly maintained in a manxaer that prevents the waste of water. SECTI®N 35-152. Rain ,Sensing Devices anal Freeze Gauges. (a) Any commercial ar industrial customer class irrigation system installed within the City on or after June 1, 2006 must be equipped with rain and freeze sensors. (b) Any commercial or industrial customer class irrigation system installed before June 1, 200b may not be operated after June 1, 2007 without being equipped with rain anal freeze sensors. {c) The potable water supply to lawn irrigation system shall be protected against backflow in accordance with the City's Backflaw and Cross-connection Control Program, City Code Sections 12.S-52S through 12.5-599. All rain and freeze sensors for comrrtercial 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 an or after June 1, 2007 must be equipped with rain and freeze sensors. (e) Tt shall be unlawful for any person to knowingly ar recklessly install, operate, or cause or permit the installation of ar the operation af, an irrigation system in violation of subsections 35-1 S2(a) through (d) on premises owned, leased, or managed by that person. SECTION 35-153. Variances. Water Conservation Ordinance CRLvFINAL05.09.06 (a) The Director may grant variances from the provisions of this Axticle Vl to persons demonstrating extreme hardship and need as determined by the Director and only under the following conditions: (l) The applicant must sign a compliance agreement on forms provided by the Director, 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, ax welfare of the person requesting it. (4) The health, safety ox welfare of other persons must not be adversely affected by granting the variance. (b) The Director may revoke a variance granted when the Director determines that: (l) the conditions of subsection (a) are not being met or are no longer applicable; (2) the terms of the compliance agreement are being violated; ar (3) the health, safety or welfare of other persons requires revocation. SECTION 2. CIJIVIIJLATIVE PIgOVISIOl®iS This ordinance shall be cumulative of aII 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. SECTION 3. SEVERABILITY CLAUSE Water Conservation Ordinance CRLvFINAL05.09.06 It is hereby declared to be the intention of the City Council that floe phrase, clause, sentence, paragraph or section o£ this ordinance are severable and, if any phrase, clause, sentence, paragraph ar 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 dais ordinance, since the same would have been enacted by the City Council without the incorporation in dais ordinance of any such unconstitutional phrase, clause, sentence, paragraph. or section. SECTI®N 4. PElm1AlC,T`Y CLA.~JSE Any person, f rm 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 mote than two thousand dollars ($2,000.00) for each offense. Each day float a violation is permitted to exist shall constitute a separate offense. ~ECTlr41®1 ~. RIGHTS ~iD REMEDIES All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to away 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. SEC'lC'IION 6, PUI~L~CATI®lel Water Conservation ©rdinance CRLvFINAL05.09.0& The City Secretary of the City of Dart Worth, Texas, is hereby directed to publish the caption of this ordinance for t~vo (2) days in the official newspaper of the City of Fort Worth, Texas, as authorised by Section 2, Chapter XXV of the Charter of the City of Fort Worth, Texas and by Section 52.013, Texas Local Government Code. SECTION 7. EFFECTIVE DATE This Ordinance shall take effect upon adoption as required by law. APPROVED AS TO FORM AND LEGALITY: By: ~ rv ~ . Assistant City Attorney ADOPTED: rMay.,'9, 2006 Water Conservation Ordinance CRLvFINAL05.09.0b Cify of fort W®rth, 7°exas May®r and ~®uncil C®mnlun~catron COUNCIL ACTION: Approved ors 5!912006 - ®rdinance No. 16933-05-2006 ©ATE: Tuesday, May 09, 2006 ~. L®G NAME: 60WATER CODE REFERENCE NO.: G-16197 SUEJECT: Adopt Water Conservation Ordinance Amending the Water & Sewer Code for Outdoor Watering Practices RECOMMENDATION: It is recommended that the City Council adapt the attached Water Conservation ordinance amending the Water & Sewer Code to institute time of day watering restrictions for June through September every year and require rain and freeze sensors an certain new and existing irrigation systems. DISCUSSION: In April 2006, the City Council approved Resolution No. 3190-04-2005 which adapted a revised Water Conservation Plan. This plan 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 future water supplies will require proving to state permitting agencies that existing water supplies are being used efficiently. One component of that plan called far establishing a Water Conservation Advisory Committee to provide guidance and make recommendations to the Water Department. The committee was established and the first meeting was held in August 2005. In January 2006, recommendations were submitted to the Water Director and subsequently to the City Council's Transportation and Infrastructure Committee. The requirements are for: (1) installation of rain and freeze sensors an all new commercial automatic irrigation systems; (2) retrofitting of existing commercial automatic underground systems by June 1, 2007; (3) annual inspection of rain and freeze systems nn commercial automatic underground irrigation systems; (4) installation of rain and freeze sensors on all new residential automatic underground irrigation systems installed after June 1, 2007; (5) restricting the use of sprinkler systems between 10:00 a.m. and 6:00 p.m., from June 1 through September 3©. FISCAL..I NFQRMAT1_®NICERTIFICATI~N: The Finance Director certifies that this action will have no material effect on City funds. TO....F~ ndlAccau r~f1 Centers Submitted far Clty Manager`s OfFice_by. Oripinat,ing_©epartment Head: Additional Infarmation_ C~ntact :~,~.~~a..~ ~~:~. _ _z ~.: FROM FndlAccountlCenters Marc Ott (8476) S. Frank Crumb (8207) S. Frank Crumb (8207) Lognaxxze: BOWATER CODE Page 1 of 1