Ord 029-2004 4/6/2004ORDINANCE NO. 29 -2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AMENDING SECTION 106 -186 OF THE WICHITA
FALLS CODE OF ORDINANCES, RATIONING THE USE OF OUTSIDE
WATER WITHIN THE CITY OF WICHITA FALLS REPEALING A
PORTION OF ORDINANCE NO. 08 -2004; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, Section 106 -186 of the Wichita Falls Code of Ordinances provides
for rationing the use of outside water within the City of Wichita Falls; and,
WHEREAS, the City Council finds it is necessary to amend said section to
provide clarification regarding the use of certain types of watering when the lake levels
have reached a combined capacity of 50 percent.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAI:
SE CTION 1
Chapter 106,
Utilities,
of the Wichita Falls Code of Ordinances is
hereby amended
at Section 106
-186, so
that such section shall hereafter read as
follows:
"Sec. 106 -186. Water shortage, authority of department.
(a) It shall be unlawful for any person, firm, corporation or other entity, at any
time of the year, to
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. A spray type irrigation system may
be used 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 (5) minutes.
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 of Texas 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, the irrigation system designed by a licensed professional
recognized by the State of Texas to design such systems plans
shall be made available to the City of Wichita Falls Building
officials.
Provide drinking water to customers of restaurants, bars, or clubs
unless the customer requests such water.
(b) When the lake levels reach a combined capacity of 60% (or the demand
exceeds design treatment capacity for 3 days, or the demand equals 105% of design
treatment capacity) a drought watch will be initiated. The following actions shall occur
under the direction of the Director of Public Works:
The City Council 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. The Public Works Department will coordinate with other
departments on the structure of a program to implement voluntary
and non - voluntary water restrictions.
4. The Public Works Department will conduct training necessary to
implement the water restriction program.
5. The Public Works Department will prepare all administrative
processes (forms, affidavits, maps, offices, etc.) for the restriction
program.
(c) When the lake levels near a combined capacity of 50 %, the City shall mail
a copy of this ordinance and the water rationing zone map, with a cover letter
describing the drought conditions, to each water account.
(d) When the lake levels reach a combined capacity of 50% (or the demand
exceeds design treatment capacity for 3 days after a drought watch has been declared,
or the demand equals 110% of design treatment capacity) it shall be unlawful for any
person, firm, corporation or other entity 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 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 (5 gallon 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 a.m. to 6 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. 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.
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 section (d) 1.
3. 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.
Conduct fundraising car washes during the time the drought
warning is in effect.
Wash sidewalks, driveways, or concrete slabs unless an immediate
health or safety risk is present.
(e) A waiver of Section (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 thirty (30) day time period. This
waiver will not be available when the combined lake levels are at or below 40 %. Any
person wishing such a waiver must make application to the City Public Works
Department and pay a $50.00 non - refundable fee. The applicant must agree to pay a
water rate that is three (3) 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:/ /aggie- horticulture.tamu.edu /extension /xeriscape and in their Xeriscape
Bulletin B- 1584 -7 -98, or their replacements. Compost is available from the City of
Wichita Falls Organics Recycling Facility located at the landfill daily through a
registered vendor network, and periodically to 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
Buffalograss, Zoysiagrass and Bermudagrass.
(f) Public and private golf courses may water golf course greens on any day
of the week. The watering of tee boxes and fairways is prohibited, except on the day of
the week permitted for the area as identified on the water rationing zone map, when the
combined lake levels are at or below 50% of capacity. Water used for irrigation from
private wells, aerobic septic systems or wastewater effluent will be exempt from all
drought - related restrictions but must comply with all other city, state and federal
regulations.
(g) A water conservation surcharge will be applied to all residential accounts
when the 50% and 40% trigger levels are reached. At 50% there will be a $0.25 per
Hundred Cubic Feet (CCF) surcharge for use over 15 CCF but less than 30 CCF. For
consumption over 30 CCF but less than 45 CCF the surcharge will be $0.50. For
consumption over 45 CCF the surcharge will be $1.00. At the 40% trigger level the
surcharges will be $0.50, $1.00 and $2.00 respectively. The same surcharges will apply
to yard and irrigation meters for consumption over 3 CCF, 18 CCF and 33 CCF
respectively. 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.
(h) 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.
(i) Any person, firm, corporation or other entity found in violation of any
provision of this ordinance shall be punished by a fine of Twenty -Five ($25.00) Dollars
for the first offense, not more than Five Hundred ($500.00) Dollars for the second
offense; and not more than One Thousand ($1,000.00) Dollars for each offense
thereafter. Each fine shall be in addition to any applicable court costs. Each day of
violation of this ordinance shall constitute a separate offense. Proof of a culpable
mental state shall not be required. In the event that this ordinance 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."
SECTION 2. Sections 106 -201 through 106 -215 are hereby reserved.
SECTION 3, It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 6th day of April 2004.
�ilpP,um..,.,. k• ��Rn
MAYOR
ATTEST:
City Clerk