OR 2007-1162 Restricting outside watering
ORDINANCE NO. 2007-1162
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF
ORDINANCES BY AMENDING CHAPTER 3, “CITY DEPARTMENTS,” ARTICLE 3-1,
“WATER DEPARTMENT”, SECTION 3-1-12 (F)(6), SUBSECTIONS (1), (2), (3), AND
(4), BY ADDING A NEW (c)(1) TO EACH STAGE TO RESTRICT OUTSIDE
WATERING BETWEEN THE HOURS OF 10:00 A.M. AND 6:00 P.M., EXCEPT USE OF
NON-SPRAY IRRIGATION SYSTEMS AND HAND WATERING, AND
RENUMBERING ACCORDINGLY; AND, BY AMENDING SECTION 3-1-12(F)(6)(2)(c)
BY DELETING THE SEPARATE PROVISION CONTAINED THEREIN FOR THE USE
OF NON-SPRAY IRRIGATION SYSTEMS AND HAND WATERING; AND BY
AMENDING SECTION 3-1-12(F)(8) BY DELETING THE 'KNOWINGLY OR
INTENTIONALLY' USE OF WATER AS A DEFENSE AGAINST ENFORCEMENT;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED
DOLLARS ($500.00) FOR EACH OFFENSE; AND; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS,
Article 3-1, Section 3-1-12, of the Code of Ordinances provides for the
water conservation and drought contingency plan (hereinafter, the “Plan”) for the City of
Coppell; and
WHEREAS,
a review of the Plan indicates that times wherein outside watering is
restricted is not provided for in the various stages; and
WHEREAS,
after review and consideration, the City Council has determined that
Chapter 3, “City Departments,” Article 3-1, “Water Department”, Section 3-1-12 (F)(6),
Subsections (1), (2), (3), and (4) should be amended as provided herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS;
SECTION 1.
That Chapter 3, “City Departments,” Article 3-1, “Water Department”,
Section 3-1-12 (F)(6), Subsections (1), (2), (3), and (4), be amended by adding a new (c)(1) to
each stage to restrict outside watering between the hours of 10:00 a.m. and 6:00 p.m., except use
of non-spray irrigation systems and hand watering, and renumbering accordingly; and, by
amending Section 3-1-12(F)(6)(2)(c) by deleting the separate provision contained therein for the
use of non-spray irrigation systems and hand watering, and by amending Section 3-1-12(F)(8) by
deleting the 'knowingly or intentionally' use of water as a defense against enforcement, which
shall read as follows:
“ARTICLE 3-1 WATER DEPARTMENT
. . . . .
Sec. 3-1-12. Water conservation and drought contingency plan.
. . . . .
F. Drought contingency plan.
. . . . .
. . . . .
6.
. . . . .
(1) Stage 1 - Water awareness state.
. . . . .
c) Demand management measures:
1) No outside watering will be allowed between the hours
of 10:00 a.m. and 6:00 p.m. with the exception of the
use of non-spray irrigation systems and hand watering
which will be allowed all days, at all times.
. . .
2) No mandatory
. . . . .
(2) Stage 2 - Water watch state.
. . . . .
c) Demand management measures:
1) No outside watering will be allowed between the hours
of 10:00 a.m. and 6:00 p.m. with the exception of the
use of non-spray irrigation systems and hand watering
which will be allowed all days, at all times.
. . .
2) Residential water customers south of Sandy Lake
. . . . .
. . . .
9) Nursery (garden and landscape) businesses are not
. . . . .
(3) Stage 3 - Water warning state.
. . . . .
c) Demand management measures:
1) No outside watering will be allowed between the hours
of 10:00 a.m. and 6:00 p.m. with the exception of the
use of non-spray irrigation systems which will be
allowed all days, at all times. Hand watering is
restricted to the two allowed days.
. . .
2) Residential water customers south of Sandy Lake
. . . . .
(4) Stage 4 - Water emergency.
. . . . .
c) Demand management measures:
1) No outside watering will be allowed between the hours
of 10:00 a.m. and 6:00 p.m. with the exception of the
use of non-spray irrigation systems which will be
allowed all days, at all times. Hand watering is
restricted to the one allowed day.
. . .
2) Residential water customers south of Sandy Lake
. . . . .
(8)Enforcement.
No person shall allow, suffer or permit the use of water from the City
of Coppell for residential, commercial, industrial, agricultural,
governmental, or any other purpose in a manner contrary to any
provision of this plan, or in an amount in excess of that permitted by
the stage in effect at the time pursuant to action taken by the city
manager, or his/her designee, in accordance with provisions of this
plan.
A person who violates this plan is guilty of a separate offense for
each day or portion of a day during which the violation continues.
Neither allegation nor evidence of a culpable mental state is required
for the proof of an offense defined by this section, and any offense
shall be considered a strict liability offense.
. . . . .”
SECTION 2.
That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall
remain in full force and effect.
SECTION 3.
Should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the
part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the
Code of Ordinances of the City of Coppell, Texas
SECTION 4.
Any person, firm or corporation violating any of the provisions of Section
3-1-12 of the Code of Ordinances as amended herein, shall be deemed guilty of a misdemeanor
and, upon the first conviction, shall be punished by a fine not less than fifty ($50.00) dollars,
upon second conviction be punished by a penalty of fine not less than one hundred ($100.00)
dollars for each offense, and upon the third and subsequent conviction shall be punished by a
penalty of fine not less than one hundred ($100.00) dollars, nor more than five hundred
($500.00) dollars for each offense, and each and every day such offense is continued, shall
constitute a new separate offense.
SECTION 5.
That this ordinance shall take effect immediately from and after its passage
as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the 24-~ay of
,2007.
ROBERT E. RAGE
(REH/cdb) [02/23/2007]
APPROVED:
DO~MAYOR
ATTEST: