Ord 49-2012 9/4/2012 ORDINANCE NO. 49-2012
Ordinance Amending Division 6 Of Article II Of Chapter 106 Of The
Code Of Ordinances Of The City of Wichita Falls, To Establish
Modified Water Conservation Drought Contingency Rules; Providing
For A Penalty Not To Exceed $2000 Per Violation; And Providing For
Severability
WHEREAS, the City Council finds that proposed changes to the City's drought
contingency ordinance comply with state law and are necessary to provide for the safe
and efficient operation of the City's water system;
WHEREAS, the City Council finds that the regulations in this ordinance are
directly related to protecting public health and fire safety by providing for continued
provision of drinking water and fire flows; and
WHEREAS, the City Council finds that the fees provided herein do not exceed
the minimum amount necessary to reasonably provide for the expenses of
administering and enforcing the City's water conservation and drought control
provisions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1 . Division 6 of Article II of Chapter 106 of the Code of Ordinances of the City of
Wichita Falls is amended to read as follows:
DIVISION 6. WATER CONSERVATION I DROUGHT CONTINGENCY
Sec. 106-185. Definitions.
Unless otherwise expressly stated or the context clearly indicates a different intention,
the following terms shall, for the purpose of this article, have the meanings indicated in
this section:
Automatic Sprinkler System -- a system of irrigation components made up of
permanently installed underground PVC lines and spray irrigation devices that are
controlled from an automatic irrigation controller.
Drip Irrigation -- a method of irrigation that applies water in a dropwise fashion directly
to the soil beneath rather than projecting the water in a stream away from its orifice. To
be classified in this category, the maximum allowable flow is 6 gallons per hour per
emitter.
Hose-end sprinkler system -- a device on the end of a garden hose that can be set in
place and periodically moved from one location to another.
Owner/operator of a pool — Fee title holder of the property upon which the pool is
located, and/or business manager, complex manager, property owners, association
manager, rental agent or other individual who is in charge of the day to day operation
or maintenance of the property.
Residential Pool — A pool that is located on private property under the control of the
property owner or the owner's tenant and that is intended for use by not more than two
residential families and their guests. It includes a pool serving only a single-family
home or duplex.
Soaker hose -- an irrigation device made of permeable rubber hose that allows water to
be applied slowly and directly to the soil without being sprayed up into the air. Soaker
hoses fall into the drip irrigation category. A soaker hose will not spray water
regardless of its orientation.
Spray Irrigate or Spray Irrigation -- a category of irrigation methods that utilizes devices
that spray water away from the device orifice(s). These include, but are not limited to,
pop up sprays, rotors, oscillating sprinklers, and impact sprinklers. A hand held hose is
not Spray Irrigation.
Sec. 106-186. Water shortage; authority of department.
(a) Water conservation restrictions effective at all Times. It shall be unlawful for any
person, firm, corporation or other entity, at any time of the year, to:
(1) Run outside spray-type irrigation on any day of the week between 11 :00 a.m.
and 6:00 p.m. Landscape watering is permitted any time with a hand-held hose,
soaker hose, bucket, watering can, bubbler or drip irrigation system.
(2) Wash any motor vehicle at any location other than a commercial car wash,
car dealership, detail shop or automotive shop unless the hose is equipped with
a positive shut-off nozzle. Such nozzle shall stop the flow of water through the
hose when released by the operator.
(3) Install new irrigation systems unless they are designed by a licensed
professional recognized by the state to design such systems, and these systems
shall be designed so as to be water conserving. Each new system shall utilize
zonal irrigation, drip irrigation, subsurface irrigation and other water conserving
features as appropriate. When application for the irrigation permit is made by
other than a licensed irrigation specialist or landscape architect, or the irrigation
system is designed by a licensed professional recognized by the state to design
such systems plans shall be made available to the city building officials.
(4) Provide drinking water to customers of restaurants, bars, or clubs unless the
customer requests such water.
(b) Stage 1 - Drought Watch - 60 Percent Capacity. When the levels of Lakes
Arrowhead and Kickapoo reach a combined capacity of 60 percent (or the demand
exceeds design treatment capacity for three days, or the demand equals 105 percent of
design treatment capacity), or the water supply system is unable to deliver water due to
mechanical failure or damage of major water system components (which will require
more than 72 hours to repair) when dry weather conditions exist and continued dry
weather conditions are expected over the course of the repair period a Drought Watch
will be initiated. The following actions shall occur under the direction of the Director of
Public Works:
(1) The City Council and other City Departments will be notified of the impending
problem and the proposed immediate and future actions.
(2) The City shall initiate an education program through all available media to:
a. Alert the public to the depletion of the reservoirs; current rate of
withdrawals and the effect of such withdrawals; current treatment rates,
current meteorological conditions; and the long-range weather forecast
from the National Weather Service.
b. Alert the public to the drought management program, the various
stages and measures, and the possibility of implementation.
c. Keep a constant flow of information to the public to condition them for
more stringent measures.
(3) Notify Parks Department to reduce their watering scheduling to twice per
week.
(4) The Public Works Department will coordinate with other departments on the
structure of a program to implement voluntary and non-voluntary water
restrictions.
(5) The Public Works Department will conduct training necessary to implement
the water restriction program.
(6) The Public Works Department will prepare all administrative processes
(forms, affidavits, maps, offices, etc.) for the restriction program.
(c) Near 50 Percent Capacity. When the levels near a combined capacity of 50 percent,
the city shall mail a copy of this section and the water rationing zone map, with a cover
letter describing the drought conditions, to each water account. Failure to mail or
receive such warning shall not be a defense to any crime, restriction, or charge
established in this division.
(d) Stage 2 - Drought Warning - 50 Percent Capacity. When the levels of Lakes
Arrowhead and Kickapoo reach a combined capacity of 50 percent (or the demand
exceeds design treatment capacity for three days, or the demand equals 110 percent of
design treatment capacity, after a Drought Watch has been declared), or the water
supply system is unable to deliver water due to mechanical failure or damage of major
water system components (which require more than 48 hours to repair) while a Drought
Watch is in progress, a Drought Warning will be initiated. The following actions shall
occur under the direction of the Director of Public Works-
(1) It shall be unlawful for any person, firm, corporation or other entity to:
a. Run outside irrigation systems (including sprinklers, automatic sprinkler
systems and unattended hoses) except on the day of the week permitted
for the area as identified on the attached water rationing zone map, an
official copy of which shall be kept on file in the office of the City Clerk,
except that landscape watering is permitted any day at any time with a
hand-held hose, soaker hose, bucket (five gallons or less), watering can,
bubbler or drip irrigation system. On days other than the day of the week
permitted by the water rationing zone map, testing and troubleshooting of
irrigation systems that involve the release of water is permissible any
time, including between the hours of 11.00 a.m. to 6.00 p.m., as long as a
licensed plumber or irrigator is present on location during testing (and
visible to the ticket writer). Testing and troubleshooting of irrigation
systems by other than a licensed plumber or irrigator that involves the
release of water is otherwise permissible only on the day of week and
time of day permitted by the water rationing zone map. Nursery plant
stock is exempt from this provision.
b. Run any type of outside watering on any day of the week between
11.00 a.m. and 6.00 p.m., except as authorized by subsection (d)(1)(a).
c. Wash any motor vehicle at any location other than a commercial car
wash, car dealership, detail shop or automotive shop. The washing of a
vehicle for health and safety reasons, sufficient to remove the hazard, is
permitted any time (a dirty windshield is not sufficient excuse to wash the
entire vehicle). Washing vehicles with a bucket, washing vehicles on the
day to water or washing vehicles on the lawn while watering, other than at
a commercial car wash, car dealership, detail shop or automotive shop, is
prohibited.
d. Conduct fundraising car washes during the time the Drought Warning
is in effect.
e. Wash sidewalks, driveways, or concrete slabs unless an immediate
health or safety risk is present.
(2) A Drought Emergency Task Force shall be formed for guidance through the
remainder of the drought and to interface with the public.
(3) All non-essential operational use of water by City of Wichita Falls staff
should be suspended, such as flushing water mains, street sweeping, water jet
cleaning of sanitary sewer mains, fire fighter training, etc.), except where such
use of water is critical to the health and safety of the citizens.
(4) Notify Parks Department to reduce watering to once per week or only enough
water to support their trees, which ever is less. Parks Department will allow
grass to turn brown.
(5) Notify all wholesale customers of the situation and ask each to adopt similar
reduction goals for their systems in accordance with their individual contracts
with the City of Wichita Falls. Pro rata curtailment by wholesale customers will
be based upon their contractual limits as provided in Texas Water Code §
11 .039.
(e) Stage 3 — Drought Emergency - 40 Percent Capacity. When the levels of Lakes
Arrowhead and Kickapoo reach a combined capacity of 40 percent (or the demand
exceeds design treatment capacity for four weeks, or the demand equals 115 percent
of design treatment capacity, after a Drought Warning has been declared), or the water
supply system is unable to deliver water due to mechanical failure or damage of major
water system components (which require more than 24 hours to repair) while a Drought
Warning is in progress, a Drought Emergency will be initiated. All restrictions from
Stage 2 remain in effect, except as specifically modified below. In Stage 3, the
following additional restrictions shall apply:
(1) Irrigation:
a. It shall be unlawful to utilize spray irrigation in any but the following
hours:
i. 12 midnight to 5 a.m. for Automatic Sprinkler System
ii. 8p.m. to 12 midnight for Hose-End Sprinkler Systems
b. It shall be unlawful to operate a soaker hose, bubbler or drip irrigation
system in a manner that causes the delivery of more water than the hose,
bubbler, or system was intended by the manufacturer to deliver.
c. It shall be unlawful to operate a soaker hose, bubbler or drip irrigation
system in a manner that causes water to run down the curb.
d. Nursery Plant Stock is exempt from the provisions of subsection (a) of
(e)(1)(a).
(2) Car washes:
a. All self-serve and full-service carwashes within the corporate City
Limits will be required to close the car washing portion of their business
on one day each week. The scheduled day of closure shall coincide with
the day that car wash is allowed to spray irrigate, in accordance with the
Water Rationing Zone map.
b. It shall be unlawful for a car wash to use a nozzle that discharges more
than 3.0 gallons per minute.
c. It shall be unlawful for a car wash to wash any of its bays with water,
except on Sundays.
(3) Car Dealers. It shall be unlawful for a car dealer to wash its inventory of cars
on any day other than the day the property is authorized to spray irrigate in
accordance with the Water Rationing Zone Map in effect.
(4) Restaurants / Bars / Clubs / School Cafeterias:
a. It shall be unlawful for a food establishment to thaw food with water.
Food must be thawed by another method that is approved by the Health
Code, i.e. Refrigeration or Cooking Process.
b. It shall be unlawful for a food establishment to clean kitchen or food
handling areas with spray hoses. The cleaning of kitchen and food
handling areas shall be accomplished by means of brooms and mops
only.
(5) Pools:
a. It shall be unlawful to operate a water feature on a Residential Pool,
including, but not limited to, fountains, water falls, descents, arcs, and
slides.
b. If repairing a pool, it shall only be drained to a level necessary to affect
the repair, and no further. An owner/operator of a pool who follows this
restriction will be allowed to re-fill the pool after the repair.
c. An Owner/operator of a pool is restricted from draining a pool once it is
closed for the season.
(6) The Director of Public Works will:
a. monitor all Fire Hydrant Meters that are for contractor use, to determine
what conservation can be achieved through this type of water usage.
b. specify and impose mandatory reductions on wholesale (raw & treated)
water customers in accordance with Texas Water Code § 11.039.
c. begin establishing a program for a Drought Disaster, which will allow
restriction on the essential uses of water and prepare for implementation.
(f) Stage 4 - Drought Disaster - 30 Percent Capacity. When mandatory restrictions on
non-essential uses does not adequately slow withdrawal of water from the lakes and
when the levels of Lakes Arrowhead and Kickapoo reach a combined capacity of 30
percent (or the demand exceeds 120 percent of design treatment capacity, after a
Drought Emergency has been declared), or the water supply system is unable to
deliver water due to mechanical failure or damage of major water system components
(which require more than 12 hours to repair) while a Drought Emergency is in progress,
or the water system is contaminated either accidentally or intentionally, or the water
system fails from acts of nature or man, a Drought Disaster will be initiated. The
Director of Public Works shall impose mandatory restrictions on essential uses of water
and take the following actions to include, but not limited to:
(1) Place a total ban on the outdoor use of water for non-essential uses. This
shall include the possible removal of all irrigation meters from residences and
businesses.
(2) All Hydrant Meters for contractor use will be pulled and service suspended
until conditions return to a Drought Emergency status.
(3) Continue the aggressive public relations and education program.
(4) Implement enforceable restrictions on essential uses as developed during
the Drought Emergency.
(g) New Landscape Waiver. A waiver of subsection (d)(1) may be granted for the
irrigation of new landscaping plants whereby watering would be permitted to maintain
adequate growth until the plants are established but not to exceed a 30-day time
period. This waiver will not be available when the combined lake levels are at or below
40 percent. Any person wishing such a waiver must make application to the City Public
Works Department and pay a $50.00 nonrefundable fee. The applicant must agree to
pay a water rate that is three times the normal rate for that customer for all
consumption over 12 CCF as registered by residential meters and all consumption as
registered by water-only meters or commercial meters. Persons who desire a waiver
for new landscapes shall utilize exclusively water-use efficient trees, shrubs, ground
covers, ornamental plants and turf; and are to utilize water-wise horticultural practices,
including proper soil preparation and the use of mulch, compost and zonal irrigation
systems. These plants and practices may be found on the Texas A & M University
(TAMU) web page at http-Haggie-horticulture.tamu.edu/extension/xeriscape and in
their Xeriscape Bulletin B-1584-7-98, or their replacements. Compost is available from
the City Organics Recycling Facility located at the landfill daily through a registered
vendor network, and periodically to qualified members of the public on free compost
days. Turf, plants and trees with a drought tolerance of good to excellent listed for
zones #4 and #7 (as listed by TAMU) meet the requirements of this section. Turf
grasses that qualify are Buffalo grass, Zoysia grass and Bermuda grass.
(h) Public and private golf courses.
(1) Golf courses may utilize Spray Irrigation on greens at any time for the
purposes of cooling golf course putting surfaces when warranted by weather
conditions and only with run cycles of less than five minutes.
(2) Golf course greens are exempt from the Spray Irrigation days established
in (d)(1)(b), and greens may be Spray Irrigated any day of the week.
(3) During a Stage 2 Drought Warning (50%- Capacity), it shall be unlawful
for golf courses to Spray Irrigate Tee-Boxes and Fairways, except on the day
of the week permitted for the area as identified on the Water Rationing Zone
map or on a day as otherwise determined by the Director of Public
Works.
(4) During a Stage 3 Drought Emergency (40%- Capacity):
a. it shall be unlawful for golf courses to Spray Irrigate Tee-Boxes, except
on the day of the week permitted for the area as identified on the Water
Rationing Zone map.
b. golf courses are exempt from the spray irrigation time limitations of
Stage 3. Golf courses will continue to be subject to the prohibition of
spray irrigation during the daylight hours between 11 a.m. & 6 p.m.
c. it shall be unlawful for golf courses to Spray Irrigate fairways.
(i) A water conservation surcharge will be applied to all Residential and Irrigation
accounts when the 50 percent and 40 percent trigger levels are reached.
(1) When a Stage 2 Drought Warning is declared (combined lake levels of
Arrowhead and Kickapoo are at or below 50%) the surcharges will be
a. For Residential Water Meters;
$0.50 per hundred cubic feet (CCF) between 10 CCF and 20 CCF,
$1.00 per CCF between 20 CCF and 40 CCF, and
$2.00 per CCF over 40 CCF.
b. For Irrigation Water Meters;
$0.50 per CCF between 0 CCF and 10 CCF,
$1.00 per CCF between 10 CCF and 20 CCF,
$2.00 per CCF between 20 CCF and 40 CCF, and
$4.00 for each CCF over 40 CCF.
(2) When a Stage 3 Drought Emergency is declared (combined lake levels of
Arrowhead and Kickapoo are at or below 40%) the surcharges will be:
a. For Residential Water Meters;
$1.00 per CCF between 10 CCF and 20 CCF,
$2.00 per CCF between 20 CCF and 40 CCF, and
$4.00 per CCF over 40 CCF.
b. For Irrigation Water Meters;
$1.00 per CCF between 0 CCF and 10 CCF,
$2.00 per CCF between 10 CCF and 20 CCF,
$4.00 per CCF between 20 CCF and 40 CCF, and
$8.00 per CCF over 40 CCF.
(3) Surcharges will remain in effect until the City Council announces the end to
the restrictions.
(4) Water utilized by commercial nurseries for plant stock production shall not be
subject to the surcharges specified herein.
0) The Director of Public Works shall declare that each "trigger level" has been
reached and that the water use restrictions for each respective stage are in effect. The
water restrictions will remain in effect until the lakes rise to a level that, when combined
with the long-term forecast, assures the city an adequate supply of water. When an
adequate supply of water is available, the City Council, by majority vote, and after
consultation with the Director of Public Works, shall announce the end to each
respective stage of the restrictions.
(k) Water used for irrigation from private wells, aerobic septic systems, wastewater
effluent or other non-potable water will be exempt from all drought-related restrictions
but must comply with all other City, State and Federal regulations.
(1) Any person, firm, corporation or other entity found in violation of any provision of this
section shall be punished by a fine of $25.00 for the first offense, not more than
$500.00 for the second offense; and not more than $2,000.00 for each offense
thereafter. Each day of violation of this section shall constitute a separate offense.
Proof of a culpable mental state shall not be required for the first or second offense In
the event that this section is flagrantly violated by repeated offenses, the Director of
Public Works is authorized to order the pulling of the customer's water meter until all
fees and fines are paid.
2. Codification
The sections of this ordinance that specify they amend or add to the Code of
Ordinances of the City of Wichita Falls are intended to be parts of said Code, and said
sections of this ordinance may be renumbered or relettered to accomplish such
intention.
Passed and approved this 4th day of September, 2012.
MAYOR
Attest:
City Clerk
Affidavit of Publication.
ORDINANCE THE STATE OF TEXAS' #283845
anc Amending
46
Ordinance Amending COUNTY OF WICHITA
Section 62-5 Of The
Code Of Ordinances
Of The City Of Wichi
to Falls To Designate
The Langford House
City00 Landmark AAnd La On this 13th day of September 2012,A.D...
Providing For Codifi-
cation personally appeared before me,the undersigned authority
ORDINANCE
i 201E Deena Orr, Sales Assistant for the Times Publishing Company
Ordinance Amending
Section 62-5 Of The of Wichita Falls, publishers of the Wichita Falls Times/Record
Code. Of Ordinances
Of The city Of Wichi- News, a newspaper published at Wichita Falls ill Wichita
to Falls To Designate
The Fraser House County Texas and upon being duly sworn by me on oath
Located At 2106 > > >
Hiawatha Boulevard states that the attached advertisement is a true and correct
As A City Landmark
And Providing For
Codification copy of advertising published in One (1) issue hereof on the
ORDINANCE
NO;49-2012 following date:
iOrdinance Amending
Division 6 Of Article
11 Of Chapter 106 Of The Code Of Ordi- September 9, 2012
T
nances Of The City of
Wichita Falls, To Es-
tablish Modified Wa-
ter Conservation 1
Drought Contingency j
Rules; Providing.For
A Penalty Not To Ex-
ceed $2000 Per Viola-
tion; And Providing
For ORDINANCE Sales Assistant for Times Publishing Company of Wichita Falls
NO.51-2012
Ordinance Amending
Section 82-61 Of The
Code Of Ordinances Subscribed and sworn to b re me this the day and year first-above written:
Of The City Of Wichi-
ta Falls To Prohibit
The Use Of Proiec-
tiles 1n Parks; Pro-
viding A Penalty Of
Up To $500 Upon Vio-
lation; And Providing
For Severability
PAM SUF96
NOTARY PUBLIC
STATE OF TEXAS W CCOM EV.03 -ot6
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