(a) Definitions. The following terms, when used in this section, shall have the meanings indicated below. Other terms used herein shall have the same definitions as provided in section 36-83.
Irrigation system means a device or combination of devices having a hose, pipe, or other conduit installed in the landscape which transmits town water, through which device or combination of devices town water or a mixture of town water and chemicals is drawn and applied to residential or commercial lawns, landscapes or greenspace.
Rain sensor means an automatic device that will override the irrigation cycle of an irrigation system, thus turning it off, when a predetermined amount of rain has fallen. To meet the requirements of this section, a rain sensor shall be adjusted to shut off irrigation systems when up to one-fourth inch of rain has fallen.
(b) Required installation.
(1) New installation. From and after August 14, 1997, rain sensors shall be required on all automatic irrigation systems that will receive town water.
(2) Existing systems. Rain sensors shall be installed on all existing automatic irrigation systems that receive town water on or before May 1, 1998.
(c) Required maintenance. All rain sensors shall be adjusted and set so that they automatically shut off the irrigation system after not more than one-fourth inch of rainfall has occurred. All rain sensors shall be installed according to manufacturer's instructions in a location that will provide full exposure to rainfall such that accuracy of operation is assured and shall be maintained in good working condition. No person shall, with the intent of circumventing the purpose of this section, adjust either the rain sensor or irrigation system so that the rain sensor is not able to override and turn off the irrigation system after one-fourth inch of rain has fallen.
(d) Enforcement. The utilities director or designee shall be responsible for enforcing this section. Whenever the director determines that a violation of this section exists, the director shall issue a written citation identifying the date, location and nature of the violation, the person cited, and specifying the penalty and the date by which the penalty must be paid.
(e) Penalties.
(1) Civil penalties. After the second notice any person who violates any provision of this section shall be subject to a civil penalty as set forth in the town budget fee schedule for each day thereafter that the violation continues, to be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after he or she has been cited. Because watering may not take place every day, a violation shall be deemed continuing if an irrigation system that was previously the subject of a citation has the same violation on more than one day.
(2) Termination of service. Additionally, the utilities director may restrict or terminate water service in accordance with law.
(Code 1982, § 19-48; Ord. No. 97-032, 8-14-1997; Ord. No. 2007-05, § 3, 5-10-2007; Ord. No. 2008-Code-01, 6-12-2008)
State law reference(s)--Civil penalties, G.S. 160A-175(c).