(a) (1) Lawns and landscaping may be watered on any day, at any time, by handheld hose, drip irrigation, a soaker hose or tree bubbler. (The intent of this measure is to allow for the protection of structural foundations, trees and other high value landscape materials).
(2) Except for hand watering, drip irrigation and the use of soaker hoses, a person may only irrigate, water or cause or permit the irrigation or watering of any lawn or landscape, inclusive of structural foundations, trees and other high value landscape materials, located on premises owned, leased, or managed by that person:
a. On a day designated as an outdoor water use day for the property’s address as shown below; and
b. Between the hours of 12 midnight to 10:00 a.m. and 6:00 p.m. to 11:59 p.m. on such day.
1. Residential addresses ending in an even number (0, 2, 4, 6 or 8) may water on Wednesdays and Saturdays.
2. Residential addresses ending in an odd number (1, 3, 5, 7 or 9) may water on Thursdays and Sundays.
3. All nonresidential locations (apartment complexes, businesses, industries, parks, street and/or roadway medians and the like) may water on Tuesdays and Fridays.
(b) Except for hand watering, drip irrigation and the use of soaker hoses, a person commits an offense if that person irrigates, waters or causes or permits the irrigation or watering of any lawn or landscape located on premises owned, leased or managed by that person between the hours of 10:00 a.m. and 6:00 p.m.
(c) Except for hand watering, drip irrigation and the use of soaker hoses, a person commits an offense if that person irrigates, waters or causes or permits the irrigation or watering of any lawn or landscape located on premises owned, leased, or managed by that person on a day that is not designated as an outdoor water use for that property address as shown in subsection (a) above.
(d) A person commits an offense if a 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:
(1) A substantial amount of water to fall upon impervious areas instead of a lawn or landscape, such that a constant stream of water overflows from the lawn or landscape onto a street or other drainage area; or
(2) An irrigation system or other lawn or landscape watering device to operate during any form of precipitation.
(e) A person commits an offense if, on premises owned, leased or managed by that person, a person operates a lawn or landscape irrigation system or device that:
(1) Has any broken or missing sprinkler head; or
(2) Has not been properly maintained in a manner that prevents the waste of water.
(f) Affirmative defenses.
(1) It shall be an affirmative defense to prosecution of an offense in subsection (a) above that at the time such person irrigates, waters or causes or permits the irrigation or watering of any lawn or landscape, such activity was for the purpose of:
a. Dust control of a sports field; or
b. The maintenance, repair or testing of an irrigation system.
(2) The activity described in subsection (f)(1)a. and (f)(1)b. above may only occur within a period of two days no more than once every 30 days. Any such activity requiring a longer period or greater frequency shall require a variance as provided by subsection (g) below.
(g) Variances.
(1) The water department director or official designee may grant variances to the twice per week watering and irrigation restrictions and schedule, if one or more of the following conditions are met:
a. Failure to grant such a variance would cause an emergency condition adversely affecting health, sanitation or fire safety for the public or the person requesting the variance;
b. Compliance with the watering and irrigation restrictions and/or schedule cannot be accomplished due to technical or other limitations; or
c. Alternative methods that achieve the same level of reduction in water use can be implemented.
(2) The water department director or official designee may grant variances to allow for establishment of hydromulch, grass sod or grass seed for new lawns.
(3) Variances shall be granted or denied at the discretion of the water department director or official designee. All petitions for variances shall be in writing and shall include the following:
a. Name and address of the petitioner(s);
b Purpose of the water use;
c. Specific provisions from which relief is requested;
d. Detailed statement of the adverse effect of the provision from which relief is requested;
e. Description of the relief requested;
f. Period of time for which the variance is sought;
g. Alternative measures that will be taken to reduce water use; and
h. Other pertinent information requested.
(h) A person who irrigates, waters or causes or permits the irrigation or watering by use of an alternative water source such as a well, reclaimed or reused water, or water from the Trinity River is exempt from prosecution if that person has:
(1) Registered such alternative water source with the city;
(2) Provided sufficient proof to the water department director that the alternative water source is from a well, reclaimed or reused water or from the Trinity River and has allowed inspection by the water department director if deemed necessary; and
(3) Complied with the city’s backflow and cross-connection control program and city code §§ 12.5-525 through 12.5-599.
(Ord. 17901, § 1, passed 12-4-2007; Ord. 21194-04-2014, § 2, passed 4-8-2014, eff. 4-16-2014)