OR 92-550 Unlawful for lawn sprinkler water spray discharging on streets
ORDINANCE NO. 92550
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHEER
6 OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL, TEXAS, BY
ADDING AN ARTICLE 6-12 BY MAKING IT UNLAWFUL FOR ANY PERSON
OWNING OR OPERATING A LAWN SPRINKLER SYSTEM TO PERMIT WATER SPRAY
FROM SAID SPRINKLER SYSTEM TO BE DIRECTED AND DISCHARGED ONTO ANY
STREETS, ALLEYS OR THOROUGHFARES OF THE CITY IN SUCH A MANNER AS
TO CREATE A DANGEROUS AND HAZARDOUS CONDITION; DEFINING SUCH
DISCHARGE TO BE A NUISANCE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE
HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, Section 217.042 of the Local Government Code
provides that a City, acting through its City Council, has the
power to define any nuisance, and;
WHEREAS, the regulation of discharge of lawn sprinklers onto
City streets is a direct relationship to the health, safety and
welfare of the citizens of the City of Coppell, NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
Section I.
THAT Chapter 6 of the Code of Ordinances of the City of
Coppell, Texas, be, and the same is hereby, amended by adding
Article 6-12 to provide as follows:
Article 6-12. Lawn Sprinklers
A. It shall be unlawful for any person owning or operating
a lawn sprinkler system within the City to permit water
spray from said sprinkler system to be directed and
discharged onto any streets, alleys, or thoroughfares
of the City in such a manner as to create a dangerous
and hazardous condition to the safety of the public.
The creation of a dangerous and hazardous condition is
hereby declared to be a nuisance per se and is subject
to redress and abatement by the City.
B. It shall be the duty of all persons owning or operating
a lawn sprinkler system within the City to operate or
maintain said system in such a manner as to prevent
water spray from said system from being aimed, directed
or discharged onto any streets, alleys or thoroughfares
of the City. Where spray heads are placed adjacent to
sidewalks and curbs, quarter-heads and half-heads shall
be used so as to direct water spray away from any
streets, alleys or thoroughfares.
Section II. Severability Clause
THAT should any word, clause, phrase, sentence or portion of
this ordinance be held to be invalid or unconstitutional, the
same shall effect only those portions of the ordinance held to be
illegal, invalid or unconstitutional and shall not affect the
validity of the remaining portions of said ordinance.
Repealing Clause
All ordinances, or parts of ordinances, inconsistent or in
conflict with the provisions of this ordinance are hereby
repealed.
Section III.
THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be deemed guilty of a
misdemeanor, and upon conviction in the Municipal Court shall be
subject to a fine not to exceed the sum of Five Hundred Dollars
($500) for each offense; each and every day said violation
continues shall constitute a separate offense.
Section iV.
THIS ordinance shall take effect immediately from and after
the publication of its caption as the law in such cases provides.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
28th day of April , 1991.
APPROVED
Mark Wolfe
MAYOR
ATTEST:
Dorothy Timmons
CITY SECRETARY
APPROVED AS TO FORM:
Lawrence W. Jackson
CITY ATTORNEY