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Ord 58-2014 12/2/2014 ORDINANCE NO. __58-2014__ Ordinance amending Section 106-186 of the Code of Ordinances of the City of Wichita Falls to Establish Modified Water Conservation Drought Contingency Rules and Providing for Codification WHEREAS, the City Council finds that it is reasonable to modify certain drought- related restrictions pertaining to car washes that would go into effect once the lakes reach a combined level of 20% on or after February 1, 2015; and WHEREAS the City Council finds that any potential impact on the City’s water supply as a result of such modification, should the lakes reach a combined level of 20% will be minimal and is outweighed by the preservation of jobs which may otherwise be lost. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. Section 106-186 of the Code of Ordinances of the City of Wichita Falls are amended to read as follows: (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 prov ided 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 sh all 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. 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%: After January 31, 2015, it shall be unlawful for any person to use potable water to wash a vehicle at any time wh en the levels of Lakes Arrowhead and Kickapoo are at a combined capacity of less than 20%. Car washes that choose to remain open for business when the levels of Lakes Arrowhead and Kickapoo are at a combined capacity of less than 20% by using non -potable water sources shall be charged for use of the City's sanitary sewer system a flat monthly amount equal to 80% of their average sewer charge during the preceding 12 months. dc. 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. ed. 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 a 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. fe. 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. 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 2nd day of December, 2014. ______________________________ M A Y O R ATTEST: ____________________ City Clerk