Ord 17-2014 4/15/2014ORDINANCE NO. 17-2014
Ordinance Amending Sections 106-185 and 106-186 of the Code of
Ordinances of the City of Wichita Falls to Establish Modified Water
Conservation Drought Contingency Rules; providing a penalty not to
exceed $2,000 per violation; providing for codification; declaring an
emergency; and declaring an immediate effective date
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 t he 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 rates and fees provided herein do not
exceed the minimum amount necessary to reasonably provide for the expenses of
administering and enforcing the City’s utility system and water conservation and drought
control provisions;
WHEREAS, the City Council finds that the City is suffering from a temporary
disaster caused by the worst drought in the recorded history of the City, and the City
must enact regulations to preserve water for essential uses and eliminate evaporative
uses of water to allow life to continue in the City;
WHEREAS, the City is in the process of acquiring additional sources of water, and
these sources will include the recycling of the City’s waste water, making reductions in
evaporation the most valuable means of maximizing the City’s remaining supply of water;
WHEREAS, these new restrictions of this ordinance are intended to temporarily
restrict the loss of potable water supplied by the City in a manner that ensures it is
available for water uses that return the maximum quantity of water to the City’s treatment
system, thereby allowing retreatment, recycling, and use for further essential uses; and
WHEREAS, for purposes of Texas Local Government Code §§ 245.004(8) &
245.004(11), the regulations pursuant to this ordinance are (1) related only to utility
connections and (2) to prevent the imminent destruction of property and injury to
persons.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Sections 106-185 and 106-186 of the Code of Ordinances of the City of Wichita
Falls are amended to read as follows:
DIVISION 6. WATER CONSERVATION / 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.
Car Wash – a place or business equipped for washing cars, trucks, motorbikes, boats,
airplanes, other motor vehicles and trailers.
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.
Essential Water Use: water that is required by Federal, State or Local regulation and/or
is attributed to the health and safety of the citizens of Wichita Falls.
Fleet – A group of commercial motor vehicles owned by a single entity that tot als more
than 5 vehicles.
Hose-end sprinkler system -- a device on the end of a garden hose that can be set in
place and can periodically be moved from one location to another.
Indoor Pool –pool located entirely within a fully enclosed, climate controlled structure.
MGD: Million gallons per day
Non-Essential Water Use: water use that does not directly impact the health or safety of
the citizens of Wichita Falls, or are a requirement of a Federal, State or Local regulation.
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 h ose will not spray water regardless
of its orientation.
Spa and/or Hot-Tub--a structure that is intended to be filled with water that circulates
through an on-site filtration system and is not intended to be drained o r refilled after each
use.
Spray Irrigate or Spray Irrigation -- a category of irrigation method 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 h ose is
not Spray Irrigation.
Vehicle – A motor vehicle, car, truck, motorcycle, bicycle, boat, trailer, or other
conveyance.
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. unless one is using a hand -held hose, soaker hose,
bucket, watering can, bubbler or drip irrigation system,
(2) wash a vehicle at any location other than a commercial car wash, car
dealership, detail shop or automotive shop unless the hose is equipped
with a nozzle that stops the flow of water through the hose when releas ed
by the operator, or
(3) provide drinking water to customers of restaurants, bars, or clubs unless
the customer requests such water.
(b) Discretionary drought restrictions. The Director of Public Works may declare any
stage of drought restrictions described in this ordinance to be effective if:
(1) the system demand exceeds 90% design treatment capacity for three or more
consecutive days,
(2) the water supply system is unable to deliver water due to mechanical failure or
damage of major water system components which are expected to require more
than 72 hours to repair, or
(3) the water system is contaminated either accidentally or intentionally, or the
water system fails from acts of nature or man.
The establishment of a discretionary drought re striction will be effective when publicized
in the media and the filing of a written declaration with the City Manager and City Clerk.
Upon any declaration of such drought stage, it shall be unlawful for a person to fail to
comply with the restrictions applicable to that stage. The Director of Public Works may
terminate any of the aforementioned discretionary drought restrictions by filing a written
notice of termination with the City Manager and City Clerk.
(c) Stage 1 - Drought Watch
(1) The Director of Public Works shall declare a Stage 1 Drought Watch when the
levels of Lakes Arrowhead and Kickapoo reach a combined capacity of 60
percent.
(2) The following actions shall occur under the direction of the Director of Public
Works, with the goal of reducing the amount of water being used by 5%:
a. The City Council and other City Departments will be notified of the
impending problem and the proposed immediate and future actions.
b. The City shall initiate an education program through all available medi a
to:
i. 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.
ii. Alert the public to the drought management program, the various
stages and measures, and the possibility of implementation.
iii. Keep a constant flow of information to the public to condition them for
more stringent measures.
c. Parks Department will reduce its watering schedule to twice per week.
d. The Public Works Department will coordinate with other departments on
the structure of a program to implement voluntary and non -voluntary
water restrictions.
e. The Public Works Department will conduct training necessary to
implement the water restriction program.
f. The Public Works Department will prepare all administrative processes
(forms, affidavits, maps, offices, etc.) for the restriction program.
(3) Near 50 Percent Capacity. When the levels near a combined capacity of 50
percent, the city shall mail a copy of 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.
(1) The Director of Public Works shall declare a Stage 2 Drought Warning when
levels of Lakes Arrowhead and Kickapoo reach a combined capacity of 50
percent.
(2) The following actions shall occur under the direction of the Director of Public
Works, with the goal of reducing the amount of water being used by 15%:
a. Form a Drought Emergency Task Force for guidance through the
remainder of the drought and to interface with the public.
b. Suspend all non-essential operational use of water by City of Wichita Falls,
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.
c. Parks Department will reduce watering to once per week or only enough
water to support their trees, whichever is less.
d. Notify all wholesale customers of the situation and inform them of the
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.
(3) In Stage 2 drought, the following restrictions shall apply:
a. Irrigation:
i. It shall be unlawful to 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 W ater Rationing Zone Map. An official copy of the Water
Rationing Zone Map shall be kept on file in the office of the City
Clerk.
ii. It shall be unlawful to utilize spray irrigation between the hours of
11:00 a.m. and 6:00 p.m.
iii. 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.
iv. 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 W ater Rationing Zone
Map.
v. New Landscape Waiver. A waiver of this subsection 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. 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 10 CCF as
registered by residential meters and all consumption as registered
by Irrigation meters or commercial meters.
vi. Public and Private Golf Courses.
Greens: Golf Courses may utilize Spray Irrigation on greens at
any time for the purpose of cooling golf course greens when
warranted by weather conditions and only with run cycles of less
than 5 minutes every 60 minutes. Golf course greens are
exempt from the Spray Irrigation days established in (d) (3) a.,
and greens may be Spray Irrigated any day of the week , but will
be subject to the prohibition of spray irrigation during the
daylight hours between 11a.m. & 6 p.m..
Tee Boxes: 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, but will be
subject to the prohibition of spray irrigation during the daylight
hours between 11a.m. & 6 p.m.
Fairways: It shall be unlawful for golf courses to Spray Irrigate
Fairways, except on the day of the week permitted for the area
as identified on the Water Rationing Zone map, , but will be
subject to the prohibition of spray irrigation during the daylight
hours between 11a.m. & 6 p.m..
All other Golf Course Features: It shall be unlawful for golf
courses to Spray Irrigate any other landscape features, such as
roughs, trees, shrubs, etc.
vii. Nursery plant stock is exempt from th e irrigation and landscape
watering restrictions of this subsection.
b. Carwashing:
i. It shall be unlawful to wash a vehicle at any location other than a
commercial car wash, car dealership, detail shop or automotive
shop.
ii. The washing of a vehicle for health and safety reasons, sufficient to
remove the hazard, is permitted any time.
iii. Washing a vehicle with a bucket, on the day to water or on the lawn
while watering, other than at a commercial car wash, car dealership,
detail shop or automotive shop, is prohibited.
iv. Fundraising car washes are prohibited.
c. Restaurants / Bars / Clubs / School Cafeterias . It shall be unlawful to
provide drinking water to customers of restaurants, bars, or clubs unless
the customer requests such water.
d. Washing sidewalks, driveways, or concrete slabs: It shall be unlawful to
wash sidewalks, driveways, or concrete slabs unless an immediate health
or safety risk is present.
(5) During a Stage 2 Drought Warning, the following surcharges will be applied
to all applicable accounts:
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.
(e) Stage 3 – Drought Emergency:
(1) The Director of Public Works shall declare a Stage 3 Drought Emergency
when the levels of Lakes Arrowhead and Kickapoo reach a combined capacity of
40 percent.
(2) The following actions shall occur under the direction of the Director of Public
Works, with the goal of reducing the amount of water being used by 35%:
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, and
c. begin establishing a program for a Drought Disaster, which will allow
restriction on the essential uses of water and prepare for
implementation.
(3) In Stage 3 drought, the following restrictions shall apply:
a. Irrigation:
i. It shall be unlawful to 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 Water Rationing Zone Map.
ii. It shall be unlawful to utilize spray irrigation during the day specified
in (d)(4)a.i., except for the following hours:
2:00 a.m. to 5 7:00 a.m. for Automatic Sprinkler Systems
8:00 p.m. to 12 midnight for Hose-End Sprinkler Systems
iii. 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.
iv. 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.
v. New Landscape Waiver: The Public Works Department will not
issue any waivers during a Stage 3 Drought Emergency.
vi. Public and Private Golf Courses.
Greens: Golf Courses may utilize Spray Irrigation on greens at
any time for the purpose of cooling golf course greens when
warranted by weather conditions and only with run cycles of less
than 5 minutes every 60 minutes. Golf course greens are exempt
from the Spray Irrigation times, and greens may be Spray
Irrigated any day of the week, but will continue to be subject to
the prohibition of spray irrigation during the daylight hours
between 11a.m. and 6 p.m..
Tee Boxes: 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, but will continue
to be subject to the prohibition of spray irrigation during the
daylight hours between 11a.m. and 6 p.m.
Fairways: It shall be unlawful for golf courses to Spray Irrigate
Fairways.
All other Golf Course Features: It shall be unlawful for golf
courses to Spray Irrigate any other landscape features, such as
roughs, trees, shrubs, etc.
v. Nursery Plant Stock is exempt from the irrigation and landscape
watering restrictions of this subsection.
b. Car washes / Detail Shops:
i. It shall be unlawful to wash a vehicle at any location other than a
commercial car wash, car dealership, detail shop or automotive
shop.
ii. The washing of a vehicle for health and safety reasons, sufficient to
remove the hazard, is permitted any time.
iii. Washing a vehicle with a bucket, on the day to water or on the lawn
while watering, other than at a commercial car wash, car dealership,
detail shop or automotive shop, is prohibited.
iv. Fundraising car washes are prohibited.
v. All self-serve and full-service carwashes and detail shops will be
required to close the car washing portion of their business on one
day each week. The scheduled day of closure shall coi ncide with
the day that car wash is allowed to irrigate, in accordance with the
Water Rationing Zone map.
vi.. It shall be unlawful for a car wash or detail shop to use a nozzle
that discharges more than 3.0 gallons per minute.
vii. It shall be unlawful for a car wash to wash any of its bays with
water, except on Sundays.
c. Car Dealers / Fleets.
i. It shall be unlawful for a car dealer or an entity that maintains a fleet
of motor vehicles 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.
ii. The washing of any vehicle in a fleet may take place only at a
commercial car wash or at a location owned by the fleet’s owner
and that is used solely for commercial uses.
iii. Fleets may not be washed at any location used for residential
purposes.
iv. It is an affirmative defense to prosecution that if a car dealer or car
rental is preparing a car for pickup, it washed that vehicle (and only
that vehicle) on the day of pick up by the customer. Otherwise, all
vehicles are subject to (e)(3)c. above.
d. Restaurants / Bars / Clubs / School Cafeterias:
i. It shall be unlawful to provide drinking water to customers of
restaurants, bars, or clubs unless the customer requests such
water.
ii. It shall be unlawful for a food establishment to thaw food with water.
Food must be thawed by another legal method, such Refrigeration
or Cooking Process.
iii. It shall be unlawful for a food establishment to clean kitchen or food
handling areas with spray hoses.
e. Pools:
i. It shall be unlawful to operate a water feature on a Residential Pool,
including, but not limited to, fountains, waterfalls, descents, arcs, and
slides.
ii. If repairing a pool, it shall only be drained to a level necessary to
affect the repair, and no further. Owners of pools that follow this
restriction will be allowed to re-fill their pool after the repair.
iii. Owners Operators of pools that are restricted from draining the pool
once it closed for the season.
f. Washing sidewalks, driveways, or concrete slabs: It shall be unlawful to
wash sidewalks, driveways, or concrete slabs unless an immediate health
or safety risk is present.
(4) During a Stage 3 Drought Emergency, the following surcharges will be
applied to all applicable accounts:
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.
(f) Stage 4 - Drought Disaster
(1) The Director of Public Works shall declare a Stage 4 Drought Disaster when
the levels of Lakes Arrowhead and Kickapoo reach a combined capacity of 30
percent.
(2) The following actions shall occur under the direction of the Director of Public
Works, with the goal of reducing the amount of potable water being provided
by the City to less than 17 MGD:
a. Impose further mandatory restrictions on non-essential uses of water and
essential uses of water.
b. Pull Hydrant Meters and suspend service thereon until conditions return
to a Drought Emergency status.
c. Continue the aggressive public relations and education program.
(3) In Stage 4 drought, the following restrictions shall apply:
a. Irrigation:
i. Irrigation Prohibited. It shall be unlawful to utilize any type of
irrigation using potable water produced by the City of Wichita Falls
that is distributed through the City’s distribution system on any day at
any time. This restriction includes all forms of irrigation, including,
spray, bubbler, drip, hand-watering, etc.
ii. Public and Private Golf Courses. It shall be unlawful to irrigate any
and all vegetated landscape areas on the golf course including
greens, tee boxes, fairways, roughs, trees, shrubs, etc.. Golf Courses
will be allowed to utilize the remaining water within their pond system,
as they see fit; but, will not be allowed to refill the ponds from the Cit y
system, while in a Stage 4 Drought Disaster.
iii. Nursery Plant Stock. Nursery Plant Stock is exempt from the
irrigation and landscape watering restrictions of this subsection.
b. Car washes / Detail Shops:
i. It shall be unlawful to wash a vehicle at any location other than a
commercial car wash, car dealership, detail shop or automotive shop.
ii. The washing of a vehicle for health and safety reasons, sufficient to
remove the hazard, is permitted any time.
iii. Washing a vehicle with a bucket, on the day to water or on the lawn
while watering, other than at a commercial car wash, car dealership,
detail shop or automotive shop, is prohibited.
iv. Fundraising car washes are prohibited.
v. All self-serve and full-service carwashes and detail shops 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.
vi.. It shall be unlawful for a car wash or detail shop to use a nozzle that
discharges more than 3.0 gallons per minute.
vii. It shall be unlawful for a car wash to wash any of its bays with water,
except on Sundays.
c. Car Dealers / Fleets.
i. It shall be unlawful for a car dealer or an enti ty that maintains a fleet of
vehicles to wash its inventory of cars on any day other than the day the
property was authorized to Spray Irrigate in accordance with the Water
Rationing Zone Map.
ii. The washing of any vehicle in a fleet may take place only at a
commercial car wash or at a location owned by the fleet’s owner and
that is used solely for commercial uses.
iii. Fleets may not be washed at any location used for residential purposes.
iv. It is an affirmative defense to prosecution that if a car dealer or car
rental is preparing a car for pickup, it washed that vehicle (and only that
vehicle) on the day of pick up by the customer. Otherwise, all vehicles
are subject to (f)(3)c. above.
d. Restaurants / Bars / Clubs / School Cafeterias:
i. It shall be unlawful to provide drinking water to customers of
restaurants, bars, or clubs unless the customer requests such water.
ii. It shall be unlawful for a food establishment to thaw food with water.
Food must be thawed by another legal method, such as Refrigeration or
Cooking Process.
iii. It shall be unlawful for a food establishment to clean kitchen or food
handling areas with spray hoses.
e. Pools:
i. It shall be unlawful to operate a water feature on a Residential Pool,
including, but not limited to, fountains, waterfalls, descents, arcs, and
slides.
ii. If repairing a pool, it shall only be drained to a level necessary to affect
the repair, and no further. Owners of pools that follow this restriction
will be allowed to re-fill their pool after the repair.
iii. Owners / Operators of pools are restricted from draining the pool once
it closed for the season.
f. Large Industries
i. Large Industries will be notified by the City to initiate a Water Audit of
their facilities.
ii. The Water Audit will include where water is being used within the
facilities and where reductions in water usage can be made.
iii. Large Industries will have 60 days to conduct the Water Audit and
submit a written report to the Director of Public Works detailing the
findings of the Water Audit and the percent reduction in water
consumption that can be achieved.
iv. Each Large Industry will be required to have all internal modifications
to implement the water reduction completed and functioning by the
time a Combined Lake Level of 20% is reached.
g. Watering Structures
i. The watering of Home Foundations is restricted to once a week, on
the day the property was authorized to irrigate in accordance with the
Water Rationing Zone Map.
Foundations may only be watered between the hours of 8 :00
p.m. and 12:00 a.m. (midnight).
Foundations may only be watered with Soaker Hoses.
ii. It shall be unlawful to wash sidewalks, driveways, concrete slabs, any
structure or any part of a structure during Stage 4 restrictions.
(4) During a Stage 4 Drought Disaster the following surcharges will be applied
to all applicable accounts:
a. For Residential Water Meters;
$3.00 per CCF between 10 CCF and 20 CCF,
$6.00 per CCF between 20 CCF and 40 CCF, and
$12.00 per CCF over 40 CCF.
b. For Irrigation W ater Meters;
$3.00 per CCF between 0 CCF and 10 CCF,
$6.00 per CCF between 10 CCF and 20 CCF,
$12.00 per CCF between 20 CCF and 40 CCF, and
$24.00 per CCF over 40 CCF.
(g) Stage 5: Drought Catastrophe
(1) The Director of Public Works shall declare a Stage 5 Drought Catastrophe
when the levels of Lakes Arrowhead and Kickapoo reach a combined
capacity of 25 percent.
(2) The following actions shall occur under the direction of the Director of Public
Works, with the goal of reducing the amount of potable water being provided
by the City to less than 14 MGD:
a. Impose further mandatory restrictions on non-essential uses of water and
essential uses of water.
b. Continue the aggressive public relations and education program.
(3) In Stage 5 drought, the following restrictions shall apply:
a. Irrigation:
i. Irrigation Prohibited. It shall be unlawful to utilize any type of irrigation
using potable water produced by the City of Wichita Falls that is
distributed through the City’s distribution system on any day at any time.
This restriction includes all forms of irrigation, including, spray, bubbler,
drip, hand-watering, etc.
ii. Public and Private Golf Courses. It shall be unlawful to irrigate any and
all vegetated landscape areas on the golf course including gree ns, tee
boxes, fairways, roughs, trees, shrubs, etc. The Golf Courses will be
allowed to utilize the remaining water within their pond system, as they
see fit; but, will not be allowed to refill the ponds from the City system,
while in a Stage 5 Drought Disaster.
iii. Nursery Plant Stock. Nursery Plant Stock is exempt from the irrigation
and landscape watering restrictions of this subsection.
b. Washing Cars when Lakes Arrowhead & Kickapoo are between 20% and
25%:
i. Location of Washing Cars Limited to Reduce Runoff. It shall be
unlawful for any person to wash a vehicle at any location other than a
commercial car wash, car dealership, detail shop, automotive shop, or
commercial property that is owned by the owner of a Fleet of vehicles.
a. It shall be an affirmative defense to prosecution pursuant to this
subsection i. that a person was washing a vehicle for health and
safety reasons, only to an extent sufficient to remove the hazard,
is permitted any time.
b. It shall be an affirmative defense to prosecution pursuant to this
subsection i. that a car dealer or car rental company was
preparing a vehicle for pickup and washed that vehicle on the day
of pick up by the customer.
ii. Allowable Times for Washing Vehicles Limited to Reduce Evaporation.
It shall be unlawful for any person to use potable water to wash a
vehicle at any time on Sunday or Monday.
iii. Nozzles. It shall be unlawful for any car wash or detail shop to use a
nozzle that discharges more than 3.0 gallons per minute.
iv. Bays. It shall be unlawful for a car wash to wash any of its bays with
water, except on Fridays.
c. Washing Vehicles when Lakes Arrowhead and Kickapoo are below 20%: It
shall be unlawful for any person to use potable water to wash a vehicle at any
time when the levels of Lakes Arrowhead and Kickapoo are at a combined
capacity of less than 20%.
d. Restaurants / Bars / Clubs / School Cafeterias:
i. It shall be unlawful to provide drinking water to customers of
restaurants, bars, or clubs unless the customer requests such water.
ii. It shall be unlawful for a food establishment to thaw food with water.
Food must be thawed by another legal method, such as
Refrigeration or Cooking Process.
iii. It shall be unlawful for a food establishment to clean kitchen or food
handling areas with spray hoses.
e. Pools:
i. It shall be unlawful to operate a water feature on any pool, including,
but not limited to, fountains, water falls, descents, arcs, and slides.
ii. It shall be unlawful to fill, refill or add potable water to private or public
swimming, or wading pool that is not located entirely within a fully-
enclosed, climate-controlled structure..
iii. Indoor pools are exempt from the restrictions of (g)(3)e.
f. Watering Structures:
i. The watering of Home Foundations is restricted to once a week, on
the day the property was authorized to irrigate in accordance with the
Water Rationing Zone Map.
a. Foundations may only be watered between the hours of 8:00
p.m. and 12:00 a.m. (midnight).
b. Foundations may only be watered with Soaker Hoses.
ii. It shall be unlawful to wash sidewalks, driveways, concrete slabs,
any structure or any part of a structure.
(4) During a Stage 5 Drought Catastrophe the following surcharges will be
applied to all applicable accounts:
a. For Residential Water Meters;
$6.00 per CCF between 10 CCF and 20 CCF,
$12.00 per CCF between 20 CCF and 40 CCF, and
$24.00 per CCF over 40 CCF.
b. For Irrigation Water Meters;
$6.00 per CCF between 0 CCF and 10 CCF,
$12.00 per CCF between 10 CCF and 20 CCF,
$24.00 per CCF between 20 CCF and 40 CCF, and
$48.00 per CCF over 40 CCF.
(h) Surcharges will remain in effect until the City Council announces the end to the
restrictions. Water utilized by commercial nurseries for plant stock production shall not
be subject to the surcharges specified herein.
(i) Triggering & Terminating Drought Stages.
(1) 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.
(2) When an adequate supply of water is available, the City Council, by majority vote,
and after consultation with the Director of Public Works, shall ann ounce the
termination of each respective stage of the restrictions that are triggered by lake
levels.
(j) Drought Restrictions only apply to City-supplied Water. Water supplied from sources
other than the City’s potable water delivery system, including pr ivate water wells, aerobic
septic systems, wastewater effluent, and potable water imported from other areas, is
intended to be exempt from the restrictions of this section. Accordingly, it shall be an
affirmative defense to prosecution for violation of any provision of this section that the
water used in the alleged violation was not from the City’s potable water delivery system.
(k) Violation; penalty. 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 violated by repeated offenses, the Director of
Public Works is authorized to order the locking or removal of the customer's 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.
3. Emergency Declaration and Immediate Effective Date
The City Council finds that the need for reducing water consumption due to the
rapid reduction in the reservoirs constitutes an urgent public need for the preservation of
the peace, health and safety of property of the city. Accordingly, the City Council
declares that this is an emergency measure, and it shall become effective immediately
upon adoption.
PASSED AND APPROVED this 15th day of April, 2014.
______________________________
M A Y O R
ATTEST:
____________________
City Clerk
Affidavit of Publication
ORDINANCE THE STATE OF TEXAS #301564
NO.10-2014
Ordinance amending COUNTY OF WICHITA
Sections 14-10 and
14-11 to the Code of
Ordinances of the
City of Wichita Falls
to provide animal
adoption policies;
amending Section On this 24th day of June 2014 A D...
48-94 to add adoption
fee; providing a pen- personally appeared eared before me,the undersigned authority
ally not to exceed PP
$500 upon conviction; Kathy Salan, Sales Assistant for the Times Publishing
and providing for
°d`ORDINANCE Company of Wichita Falls, publishers of the Wichita Falls
Ordinance"Amending Times/Record News, a newspaper published at Wichita Falls in
The Code Of Ordi-
nances Of The City Wichita County, Texas, and upon being duly sworn by me, on
Of Wichita Falls To
Add Division 6 To Ar- oath states that the attached advertisement is a true and
title III Of Chapter
14 Thereof to Regu- correct copy of advertising published in 1 day (1) issues hereof
late Breeding, Sale,
And Transfer Of on the following date:
Dogs And Cats, To
Modify Section 14-147
To Alter The Defini-
tion Of A Pet Shop, June 21,2014
To Modify Section
14-310 To Require
Spaying Or Neutering
For Retrieving Previ-
ously Reclaimed Ani-
mals,
4d Modify
Section j
Section 48-94 4 To Pro- q�/
vide Fees For Added
Permits; Providing A
Penalty Not To Ex-
ceed $500 Upon Con- Sales Assistant for Times Pub1i,. ing Company of Wichita Falls
viction; And Provid-
ing For Codification
ORDINANCE
Ordinance 17Am4nding Subscribed and sworn to before me this the day and year first above written:
Sections 106-185 and
106-186 of the Code of
Ordinances of the
City of Wichita Falls
to Establish Modified
W ater Conservation
Drought Contingency
Rules; providing a
Penalty not to exceed
$2,000 per violation;
providing for codifi-
cation; declaring an
emergency; and de- ,
claring an immediate �-
effective date r0 PAM BURKS
ORDINANCE Er * NOTARY PUBLIC
NO.26-2me
the Code amending STATE OF TEXAS
The Code of Ordi- `�T mob'
nances of the City of 9 .
Wichita Falls to •of<`* Il y Comm.EXp,03-22-2015 .`
modify Article IV of
Chapter 58 thereof,
which regulates
smoking in public
places; providing a
penalty not to exceed
$500 upon conviction;
and providing for
codification