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SEC. 49-21.1.   CONSERVATION MEASURES RELATING TO LAWN AND LANDSCAPE IRRIGATION.
   (a)   Purpose.  Lawn and landscape irrigation practices within the city, especially during the summer months, can cause a waste of valuable water resources. The purpose of this section is to mandate that water be used for lawn and landscape irrigation in a manner that prevents waste, conserves water resources for their most beneficial and vital uses, and protects the public health.
   (b)   Lawn and landscape irrigation restrictions.
      (1)   A person commits an offense if, during the period from April 1 through October 31 of any year and between the hours of 10:00 a.m. and 6:00 p.m. on any day during that period, the person irrigates, waters, or causes or permits the irrigation or watering of any lawn or landscape located on premises owned, leased, or managed by the person. It is a defense to prosecution under this paragraph that the person was only using water from a source other the city’s water or wastewater system.
      (2)   A person commits an offense if, at any time during the year, the person irrigates, waters, or causes or permits the irrigation or watering of any lawn or landscape located on premises owned, leased, or managed by the person with a hose-end sprinkler or automatic irrigation system on a day other than a designated outdoor water use day for the property address. It is a defense to prosecution under this paragraph that the person was:
         (A)   using a hand-held hose, drip irrigation device, soaker hose, or hand-held bucket;
         (B)   irrigating during the repair or testing of a new or existing automatic irrigation system;
         (C)   irrigating nursery stock at a commercial plant nursery; or
         (D)   only using water from a source other than the city’s water or wastewater system.
      (3)   A person commits an offense if the person knowingly or recklessly irrigates, waters, or causes or permits the irrigation or watering of a lawn or landscape located on premises owned, leased, or managed by the person in a manner that causes:
         (A)   a substantial amount of water to fall upon impervious areas instead of upon the lawn or landscape, such that a constant stream of water overflows from the lawn or landscape onto a street or other drainage area; or
         (B)   an automatic irrigation system or other lawn or landscape watering device to operate during any form of precipitation.
      (4)   A person commits an offense if, on premises owned, leased, or managed by the person, the person operates a lawn or landscape automatic irrigation system or device that:
         (A)   has any broken or missing sprinkler head; or
         (B)   has not been properly maintained in a manner that prevents the waste of water.
   (c)   Rain and freeze sensing devices.
      (1)   Any automatic irrigation system installed or operated within the city must be equipped with a working rain and freeze sensing device.
      (2)   A person commits an offense if, on premises owned, leased, or managed by the person, the person:
         (A)   installs, or causes or permits the installation of, an automatic irrigation system in violation of Subsection (c)(1); or
         (B)   operates, or causes or permits the operation of, an automatic irrigation system that does not comply with Subsection (c)(1).
   (d)   Variances.  The director may, in special cases, grant variances from the provisions of Subsections (b)(1), (b)(2), or (c) to persons demonstrating extreme hardship and need. The director may grant variances only under all of the following circumstances and conditions:
      (1)   The applicant must sign a compliance agreement on forms provided by the director, and approved by the city attorney, agreeing to irrigate or water a lawn or landscape only in the amount and manner permitted by the variance.
      (2)   Granting of a variance must not cause an immediate significant reduction in the city’s water supply.
      (3)   The extreme hardship or need requiring the variance must relate to the health, safety, or welfare of the person requesting it.
      (4)   The health, safety, and welfare of other persons must not be adversely affected by granting the variance.
   (e)   Revocation of variances.  The director may revoke a variance granted when the director determines that:
      (1)   the conditions of Subsection (d) are not being met or are no longer applicable;
      (2)   the terms of the compliance agreement are being violated; or
      (3)   the health, safety, or welfare of other persons requires revocation.  (Ord. Nos. 24745; 26518; 28622)