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AmendedbyOrdinanceNo.200913406/02/09JR
AmendedbyOrdinanceNo.201206403/06/12JR
ORDINANCE NO. 2006- /21
AN ORDINANCE AMENDING THE WATER CONSERVATION AND DROUGHT CON-
TINGENCY PLAN OF THE CITY OF DENTON PREVIOUSLY ENACTED BY THE CITY
COUNCIL IN ORDINANCE NO. 2005-121 ON THE 19TH DAY OF APRIL, 2005 BY ADD-
ING TO IT APPENDIX "G", "THE LAWN AND LANDSCAPE IRRIGATION AND WATER
WASTE ORDINANCE"; AMENDING THE WATER CONSERVATION AND DROUGHT
CONTINGENCY PLAN IN ACCORDANCE WITH THE REQUIREMENTS OF THE LAW;
ESTABLISHING LAWN AND LANDSCAPE IRRIGATION REQUIREMENTS; IMPLE-
MENTING WATER-WASTING RESTRICTIONS; REQUIRING RAIN SENSORS AND
FREEZE GAUGES; PROVIDING FOR VARIANCES; PROVIDING FOR THE REVOCA-
TION OF VARIANCES; AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF;
PROVIDING A CRIMINAL PENALTY NOT TO EXCEED $2,000 PER VIOLATION; PRO-
VIDING A CIVIL PENALTY NOT TO EXCEED $1,000 PER DAY PER VIOLATION AND
PROVIDING CIVIL LEGAL REMEDIES FOR THE CITY OF DENTON, TEXAS; PROVID-
ING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, 911.1271 and 11.1272 of the Texas Water Code and the applicable rules of
the Texas Commission on Environmental Quality require the City to include specific, quantified
five-year and ten-year targets for water savings and specific quantified targets for water use re-
ductions during periods of water shortages and drought in the Water Conservation and Drought
Contingency Plan; and
WHEREAS, on April 19, 2005, the City Council enacted the ordinance providing for the
Water Conservation and Drought Contingency Plan for the city, by enacting Ordinance No.
2005-121; and
WHEREAS, the City Council of the City of Denton, Texas recognizes that the amount of
water available to the City and its water utility customers is limited, is subject to depletion and
should be used efficiently; and the City Council desires to amend the said Water Conservation
and Drought Contingency Plan to include further restrictions on lawn and landscape irrigation
and to enact a water waste ordinance; and
WHEREAS, the City Council finds that this ordinance is necessary to protect the public
health of the residents of the City of Denton, Texas, in accordance with 954.001 and 954.004 of
the Texas Local Government Code; and
WHEREAS, the City Council deems it in the public interest to adopt the following
amendments to the Water Conservation and Drought Contingency Plan as are contained in Ap-
pendix "G" attached hereto; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That City of Denton Ordinance No. 2005-121, pertaining to the "Water
Conservation and Drought Contingency Plan", and codified in Chapter 26 of the Code of Ordi-
nances of the City of Denton, Texas, at 9926-233 and 26-234, is hereby amended, by adding to it
1
Appendix "G", which is the "Lawn and Landscape Irrigation and Water Waste Ordinance"
which is attached hereto and incorporated by reference herein for all purposes.
Sec. 26-233. Water conservation and drought contingency plan.
(a) Adoption of plans. The Water Conservation and Drought Contingency Plan of the
City dated April 19, 2005, which is attached hereto, is hereby amended and the "Lawn and Land-
scape Irrigation and Water Waste Ordinance" attached hereto as Appendix "G" is hereby
adopted by reference and is added to, and made a part of this Code of Ordinances for all pur-
poses, as if fully set forth herein.
Sec. 26-234. Criminal and Civil Penalties.
(a) A person commits an offense ifhe or she knowingly makes, causes, or permits a
use of water contrary to the measures implemented in the Water Conservation and Drought Con-
tingency Plan, as amended (the "Plan"). For the purposes of this section, it is presumed that a
person has knowingly made, caused, or permitted a use of water contrary to the measures im-
plemented if the mandatory measures have been implemented according to the Plan and anyone
of the following conditions apply:
(1) The Plan prohibits the manner of use; or
(2) The amount of water used exceeds the amount allowed by the Plan; or
(3) The amount of use or the amount used violates the terms and conditions of
a compliance agreement following a variance granted by the Assistant
City Manager for Utilities; or
(4) The violation of any provision of the "Lawn and Landscape Irrigation and
Water Waste Ordinance" [Appendix "G"]
(b) The following penalty shall apply during Stages 3 and 4 of the Water Conserva-
tion and Drought Contingency Plan, as amended. Any person who knowingly violates any pro-
vision of this article shall, upon conviction, be punished by a fine not to exceed two thousand
dollars ($2,000.00). Each day that one or more provisions in this Plan is violated shall be con-
sidered to be a separate offense.
(c) The City Attorney is authorized to commence an action for appropriate legal or
equitable relief in a court of competent jurisdiction in addition to the penalty mentioned in the
above Subsection (b). Such additional relief may include:
(I) An injunction to prevent a violation of this chapter, or of the Water Con-
servation and Drought Contingency Plan, as amended;
(2) Recovery for expenses incurred by the City in responding to a violation of
this Chapter, or of the Water Conservation and Drought Contingency Plan,
as amended;
2
(3) A civil fine of up to one thousand dollars ($1,000.00) per day for viola-
tions of 926-233 or for violations of the Water Conservation and Drought
Contingency Plan, as amended;
(4) All other damages, costs, remedies and legal processes to which the City
may be entitled.
SECTION 2. That this ordinance shall be cumulative of all provisions of ordinances and
of the Code of Ordinances of the City of Denton, Texas, as amended, except when provisions of
this ordinance are in direct conflict with the provisions of such ordinances and such Code. All
conflicting provisions of such ordinances and such Code are hereby repealed to the extent of that
conflict only.
SECTION 3. That it is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and, if any
phrase, clause, sentence, paragraph, or se ction 0 fthis ordinance shall be declared unconstitu-
tional by the valid judgment or decree of any court of competent jurisdiction, such unconstitu-
tionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sec-
tions of this ordinance since the same would have been enacted by the City Council without the
incorporation of this ordinance of any such unconstitutional phrase, clause, sentence, paragraph,
or section.
SECTION 4. That this ordinance shall become effective fourteen (14) days from the
date of its passage, and the City Secretary is hereby directed to cause the caption of this ordi-
nance to be published twice in the Denton Record-Chronicle, the official newspaper of the City
of Denton, Texas, within ten days of the date of its passage.
21ld
PASSED AND APPROVED this the - day of
V/[tUf
r-:~ ~d
,2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPR ED A !TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By ~tCfV
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Appendix "G"
Lawn and Landscape Irrigation and Water Waste Ordinance
1. Lawn and Landscape Irrigation Restrictions
A. Except for hand-watering and the use of soaker hoses for watering foundations, it
shall be unlawful for any person to knowingly irrigate, water, or cause or permit the
irrigation or watering of any lawn or landscape located on the premises owned, or
leased, or managed by that person, within the corporate limits of the City of Denton,
Texas, between the hours of 10:00 a.m. and 6:00 p.m. for each day that is within the
period from June 1 through September 30 of each calendar year.
B. It shall be unlawful for any person to knowingly or recklessly irrigate, water, or cause
or permit the irrigation or watering of a lawn or landscape located on premises
owned, leased, or managed by the person, within the corporate limits of the City of
Denton, Texas, that causes:
1. a substantial amount of water to fall upon impervious areas instead of upon the
lawn or landscape, or excessive irrigation, such that a constant stream of water
overflows from the lawn or landscape onto a street or drainage area; or
2. an irrigation system or other lawn or landscape watering device continues to oper-
ate during any form of precipitation; or
3. an irrigation system or other lawn or landscape watering device continues to oper-
ate within the corporate limits of the City of Denton, Texas when the temperature
is below 32 degrees Fahrenheit.
C. It shall be unlawful for a person to knowingly or recklessly operate an irrigation sys-
tem, or other lawn or landscape watering device, on premises owned, leased, or man-
aged by that person, within the City of Denton, Texas, that:
1. has any broken or missing sprinkler heads; or
2. has not been properly maintained in a manner that prevents the waste of water.
2. Water Wasting Restrictions
A. It shall be unlawful for any person to knowingly fail to repair a leaking outside faucet,
or a service line leak, or any other visible outside water leaks, located on the premises
owned, leased, or managed by that person, within the corporate limits of the City of
Denton, Texas.
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3. Rain Sensors and Freeze Gauges
A. Any new irrigation system installed within the corporate limits of the City of Denton,
Texas, on or after June 1, 2006, must be equipped with rain and freeze-sensing de-
vices designed to prevent operation of the irrigation system during any form of pre-
cipitation or when the ambient temperature is below 32 degrees Fahrenheit.
B. It shall be unlawful for a person, on premises owned, leased, or managed by that per-
son, within the city limits of the City of Denton, Texas:
I. to install, or to cause or to permit the installation of, a new irrigation system in
violation of Subsection 3(A) of this ordinance; or
2. to operate, or cause or permits the operation of, an irrigation system that does not
comply with Subsection 3(A) of this ordinance.
4. Variances
A. The Director of Water Utilities or hislher designee may, in special cases, grant vari-
ances from the provisions of Subsection 1 (A) or Subsection 2(A) to persons demon-
strating extreme hardship and need. Variances may be granted only under all of the
following circumstances and conditions:
1. the applicant must sign a compliance agreement of forms provided by the direc-
tor, 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.
2. the variance must not cause an immediate significant reduction to the city's water
system; and.
3. the extreme hardship or need requiring the variance must relate to the health,
safety, or welfare of the person requesting it; and.
4. the health, safety, and welfare of other persons must not be adversely affected by
granting the variance.
5. Revocation of Variances
A. The Director of Water Utilities, or hislher designee may revoke a variance granted
when the director determines that either of the following acts have occurred:
1. the condition of Subsection 4(A) of this ordinance are not being met or no longer
apply; or
2. the terms of the compliance agreement are being violated; or
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3. the health, safety, or welfare of other persons located within the corporate limits
of the City of Denton, Texas are materially or adversely affected, which facts re-
quire revocation of the variance.
6. Penalties
A. It shall be a separate offense under this ordinance regarding Water Conservation and
Drought Contingency - Appendix "G', for each day that a person or entity knowingly
violates any provision of this ordinance, or continues to violate any provision of this
ordinance.
B. The offenses committed under this ordinance shall be punished in the following man-
ner:
1. A. written notice of violation for the first two (2) offenses, by a person or entity,
within a calendar year, under this ordinance shall be issued to the person or entity
violating this ordinance, but shall not give rise to any civil or criminal penalty.
2. However, when a third violation of this ordinance occurs, within a calendar year,
a written notice of violation shall be issued to the person or entity violating this
ordinance; and upon conviction, the person or entity shall pay a fine of up to
$250.
3. When a fourth violation of this ordinance occurs, within a calendar year, a written
notice of violation shall be issued to the person or entity violating this ordinance,
and upon conviction, the person or entity shall pay a fine of up to $500.
5. When a fifth violation of this ordinance occurs, within a calendar year, a written
notice of violation shall be issued to the person or entity violating this ordinance,
and upon conviction, the person or entity shall pay a fine of up to $1,000.
6. When there are six, or a greater number of violations of this ordinance, within a
calendar year, notice of each such violation shall be issued to the person or entity
violating this ordinance, and upon conviction, the person or entity shall pay a fine
of up to $1,000, per offense; plus the City Attorney may undertake civil action as
set forth in S26-234(c) of the Code of Ordinances of the City of Denton, Texas.
S:\Our Documents\Ordinanccs\06\Drought Plan-Water Conservation Plan- Amended 2006-0rdinance.doc
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