Ord 30-2009 5/5/2009 . �
ORDINANCE NO. �JD
Ordinance Of The City Council Of The City Of Wichita Falls, Texas,
Amending The Code Of Ordinances By Adding Division 9 To Chapter
106, Article II, To Regulate The Installation Of Landscape Irrigation
Systems And By Amending Section 2-906, Subsection (13)f., To
Provide For An Extraterritorial Increase In The Permit Fee, And
Providing A Penalty Not To Exceed $2,000 Per Violation And As
Described In Section 1-14 Of The Code Of Ordinances
WHEREAS, House Bill 1656 of the 2007 Texas Legislative Session amended
Chapter 401 of the Texas Local Government Code to require a city with a population of
20,000 or more to regulate the installation of irrigation systems within the corporate
limits of the city and the city's extraterritorial jurisdiction; and,
WHEREAS, the City Council of the City of Wichita Falls, Texas, has determined
that water conservation and environmental protection are important issues affecting the
City; and properly installed irrigation systems will conserve water and improve the
overall quality of life for the citizens of Wichita Falls, Texas, by protecting the available
water supply; and,
WHEREAS, the City Council finds that the fees adopted herein do not exceed the
amount necessary to recoup the cost of program administration and enforcement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Addition of Division 9, Installation of Landscape Irrigation Systems
The Wichita Falls Code of Ordinances is hereby amended by adding Division 9 to
Chapter 106, Article II thereof, with said Division 9 to read as follows:
"DIVISION 9. Installation of Landscape Irrigation Systems
Sec. 106-226. Landscape Irrigation Rules Adopted.
The City adopts by reference the provisions of the current rules or the rules as
amended by the Texas Commission on Environmental Quality found in the Texas
Administrative Code, Title 30 Environmental Quality, Part 1 Texas Commission
on Environmental Quality, Chapter 344 Landscape Irrigation regarding the
regulation of landscape irrigation in this jurisdiction, and incorporates into this
Division by reference the applicable definitions found in Texas Administrative
Code, Title 30 Environmental Quality, Part 1 Texas Commission on
Environmental Quality, Chapter 344 Landscape Irrigation, Subchapter A
Definitions. •
. ti
Sec. 106-227. Valid License Required for Installer.
(a) Installer means an individual who connects an irrigation system to any
water supply within the City or the City's extraterritorial jurisdiction
(ETJ).
(b) Any installer must hold a valid license as defined by Title 30, Texas
Administrative Code, Chapter 30 and required by Chapter 1903 of the
Texas Occupations Code.
Sec. 106-228. Permit Required.
Any person installing an irrigation system within the territorial or extraterritorial
jurisdiction (ETJ) of the City is required to obtain a permit from the City. Any plan
approved for a permit must be in compliance with this Division and Texas
Administrative Code, Title 30 Environmental Quality, Part 1 Texas Commission
on Environmental Quality, Chapter 344 Landscape Irrigation.
Sec. 106-229. Double Check Valves.
A double check valve may be used to prevent backflow if:
(a) the installation use and testing are performed according to the rules for
double check valves adopted by the Texas Commission on
Environmental Quality in Texas Administrative Code, Title 30
Environmental Quality, Part 1 Texas Commission on Environmental
Quality, Chapter 344 Landscape Irrigation; and
(b) the device is tested upon installation.
Sec. 106-230. Enforcement and fees.
(a) There shall be a fee for obtaining and renewing an irrigation permit.
This fee shall be found in the fee schedules for plumbing permits in
Section 2-906 and Section 2-908.
(b) The City shall have the power to administer and enforce the provisions
of this Division as may be required by governing laws. Any violation of
this Division is declared to be a nuisance.
(c) Any person violating any provision of this Division shall be guilty of a
misdemeanor and shall, upon conviction, be punished as provided in
section 1-14 of this Code for violations of ordinances regulating public
health and sanitation. Each day that a provision of this chapter is
violated shall constitute a separate offense.
(d) Nothing in this Division shall be construed as a waiver of the City's
right to bring a civil action to enforce the provisions of this Division and
to seek remedies as allowed by law, including, but not limited to the
following:
i. Injunctive relief to prevent specific conduct that violates the
ordinance or to require specific conduct that is necessary for
compliance with the ordinance; and
ii. Other available relief.
Sec.106-231. Applicability.
This Division does not apply to:
(a) an on-site sewage disposal system, as defined by Section 366.002,
Health and Safety Code; or
(b) an irrigation system:
i. Used on or by an agricultural operation as defined by Section
251.002, Agriculture Code; or
ii. Connected to a groundwater well used by the property owner for
domestic use.
Secs.106-232-106-245. Reserved."
2. Extraterritorial Increase in Permit Fee
Subsection (13)f. of Section 2-906 of the Wichita Falls Code of Ordinances is amended
to read as follows:
"f. Building, electrical, plumbing, irrigation, or mechanical permits issued to
premises located outside of the city limits shall include an additional inspection
service charge of $40.00."
PASSED AND APPROVED this the 5th day of May, 2009.
MAYOR
ATTEST:
'ty Clerk
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