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2006-127 %(+$1$%$1$-"$%.1, 2006127 7 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecords Act Other %(+$2#§º«(´¯º¯§²¹ 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 3 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. 4 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 5 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 6