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OR 2001-946 Water Conservation Plan AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 2001-946 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER 3, SECTION 3-1-12 OF THE CODE OF ORDINANCES BY AMENDING THE DALLY WATER CONSERVATION PLAN; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Chapter 3, Section 3-1-12 of the Code of Ordinances of the City of Coppe11, Texas, be, and the same is hereby amended in part to read as follows: "Sec. 3-1-12 DALLY WATER CONSERVATION PLAN A. Definitions. 1. City shall mean the City of Coppell, Texas. 2. School shall mean the Coppell Independent School District, the Carrollton Farmers Branch Independent School District, and Lewisville Independent School District. 3. Homeowners Association or Commercial Property Owners Association (HOA 's/POA 's) shall mean a formal nonprofit organization operating under recorded land agreements through which (a) each lot and/or homeowner in a specific area is automatically a member and (b) each lot or property interest is automatically subject to a charge for a proportionate share of the expense for the organization's activities, such as the maintenance of common property, and (c) the charge if unpaid, becomes a lien against the nonpaying member' s property. 4. Common Property is real property including but not limited to: parks, lakes, open space; trails and/or floodplain management areas. Common property is either owned in fee, controlled as an easement or is property leased by a Homeowners Association or Commercial Property Owners Association for the common use, enjoyment and benefit of the members of the Homeowners Association or Commercial Property Owners Association. All common property shall be maintained by the members of the Homeowners Association or Commercial Property Owners Association, not the City. 5. Hand watering shall mean watering or applying water to a lawn, garden, or landscaping while holding the discharge end of a water hose. 6. Non-spray irrigation system shall mean use of soaker hoses, drip or bubble irrigation systems, or other means of applying water to an area without spraying the water into the air. 7. Irrigation shall mean watering or applying water to a lawn, garden, or landscaping through the use of underground systems with pop-up heads, sprinklers attached to water hoses, unattended water hoses or any other means of applying water to a lawn, garden, or landscaping which does not fit the definition of a non-spray irrigation system. 8. City Manager shall mean the chief executive officer of the City of Coppell under the Home Rule Charter or his designee. 9. Residential shall include the following districts: SF-ED, SF- 18, SF- 12, SF-9, SF-7, SF-0, 2F-9, TH-1, TH-2, MF-1, MF-2, and MH as defined by the Comprehensive Zoning Ordinance. 10. Non-residential shall include all districts not defined as residential districts by the Comprehensive Zoning Ordinance and all common property maintained by a Homeowners Association or Commercial Property Owners Association. 11. Watering shall mean watering or applying water on the lawn, trees, landscaping, flower beds, fields, playground areas, gardens, common property, City maintained property, School maintained property or other non permeable surfaces in any zoning district by hand watering, non-spray irrigation systems, irrigation systems or any other means. All persons using water for watering for residential or non-residential property within the City or customers of the City water service outside the City limits, during the period of May 15 to September 15 of each calendar year, shall do so in the following manner: B. Stage 1 - Water Awareness State 1) No mandatory restrictions will be imposed on watering. 2) City will encourage water conservation by increasing awareness of Water Conservation techniques though the use of various available means including but not limited to: web page, direct mailouts, water bill inserts, channel 19, C-link or other means available to advise the 2 public of the requirements of this ordinance. C. Stage 2 -Water Watch State 1) Residential water customers south of Sandy Lake Road must conduct all watering on Sundays, Tuesdays and Thursdays. 2) Residential water customers north of Sandy Lake Road must conduct all watering on Saturdays, Tuesdays and Thursdays. 3) Non-residential water customers must conduct all watering on Mondays, Wednesdays, and Fridays. 4) The City must conduct all watering of center medians of streets, street rights-of-way, parks, City facilities and other areas maintained by the City on Mondays, Wednesdays and Fridays. 5) Schools must conduct all watering of School sites, School facilities and other areas maintained by the Schools on Mondays, Wednesdays, and Fridays. 6) Homeowners Associations or Commercial Property Owners Associations must conduct all watering of common property on Mondays, Wednesdays, and Fridays. 7) No watering, other than by non-residential users, the City, Schools, and/or HOA' s/POA's will be allowed on Mondays, Wednesdays and Fridays without an approved permit. 8) Nursery (garden and landscape) businesses are not restricted when watering business inventory; however, they must comply with watering requirements for the landscaping associated with the building. 9) Use of non-spray irrigation systems and hand watering will be allowed all days. 10) Permits may be granted to persons establishing new lawns or landscaping. All permit requests must be submitted in writing. If approved, the permit signed by the City Engineer or designee must be prominently displayed near the front door. Based on the water situation at the time of request for a permit, the City Engineer or designee may reject a permit request until such time as the City's water supply can sustain the additional water usage. The City Engineer or designee may revoke a permit if the terms of the permit are violated. 11) Permits may also be granted to persons while on vacation in the event that power failures or other acts beyond their control causes their irrigation system to malfunction and water on the wrong day. A maximum two-week period will be considered for the "vacation permit" one time only during the effective Daily Water Conservation Plan period from May 15 to September 15. Based on the water situation at the time of request for a permit, the City Engineer or designee may reject a permit request until such time as the City's water supply can sustain the additional water usage. The City Engineer or designee may revoke a permit if the terms of the permit are violated. 12) The City Manager, upon the recommendation of the City Engineer, shall adopt regulations and criteria governing the granting of permits outlined in Subsection (C)(10) and (C)(11). Regulations adopted hereunder shall include, but not be limited to, criteria as to the type of property to be watered, length of permit, as well as definitions of new lawns or landscaping. D. Stage 3 - Water Warning State Depending on the availability of water and the City's ability to supply essential water demands and fire protection, the City Manager, upon notification to the City Council, may determine and declare that an emergency situation exists and restrict watering to two days per week only. A declared emergency shall remain in effect until September 15 of the year declared or until the City Manager, upon notification of the City Council, takes action to return to Stage 2 Water Watch State. 1) Residential water customers south of Sandy Lake Road must conduct all watering on Sundays and Thursdays. 2) Residential water customers north of Sandy Lake Road must conduct all watering on Saturdays and Tuesdays. 3) Non-residential water customers must conduct all watering on Mondays and Fridays. 4) The City must conduct all watering of center medians of streets, street rights-of-way, parks, City facilities and other areas maintained by the City on Mondays and Fridays. 5) Schools must conduct all watering of School sites, School facilities and other areas maintained by the Schools on Mondays and Fridays. 6) Homeowners Associations or Commercial Property Owners Associations must conduct all watering of common property on Mondays and Fridays. 4 7) No watering, other than by non-residential users, the City, Schools, and/or HOA's/POA's will be allowed on Mondays and Fridays without an approved permit. 8) No watering will be allowed on Wednesdays, with the exception of non-spray irrigation systems, which will be allowed all days. Hand watering is restricted to the two allowed days. 9) Nursery (garden and landscape) businesses are not restricted when watering business inventory; however, they must comply with watering requirements for the landscaping associated with the building. 10) In a Stage 3 Water Warning State, persons should contact the City Engineer's office prior to installing new landscaping to determine if a permit will be considered. As a general rule, no permit will be allowed during a Stage 3 Water Warning State. The City Engineer or designee, in a Stage 3 Water Warning State may revoke approved permits, if deemed necessary to preserve the City's ability to supply essential water demands and fire protection. E. Stage 4 - Water Emergency Depending on the availability of water and the City's ability to supply essential water demands and fire protection, the City Manager, upon notification to the City Council, may determine and declare that an emergency situation exists and restrict the use of water for lawn and garden watering, or irrigation or other purposes to one day per week only. A declared emergency shall remain in effect until September 15 of the year declared or until the City Manager, upon notification of the City Council, takes action to return to Stage 3 Water Warning State. 1) Residential water customers south of Sandy Lake Road must conduct all watering on Sundays. 2) Residential water customers north of Sandy Lake Road must conduct all watering on Saturdays. 3) Non-residential water customers must conduct all watering on Wednesdays. 4) The City must conduct all watering of center medians of streets, street rights-of-way, parks, City facilities and other areas maintained by the City on Wednesdays. 5) Schools must conduct all watering of School sites, School facilities and other areas maintained by the Schools on Wednesdays. 6) Homeowners Associations or Commercial Property Owners Associations must conduct all watering of common property on Wednesdays. 7) No watering, other than by non-residential users, the City, Schools, and/or HOA' s/POA' s will be allowed on Wednesdays. 8) No watering will be allowed on Mondays, Tuesdays, Thursdays and Fridays, with the exception of non-spray irrigation systems, which will be allowed all days. Hand watering is restricted to the one allowed day. 9) Nursery (garden and landscape) businesses are not restricted when watering business inventory; however, they must comply with watering requirements for the landscaping associated with the building. 10) In a Stage 4 Water Emergency State, persons should refrain from installing new landscaping. No permit for watering more than one day will be allowed during a Stage 4 Water Emergency State. The City Engineer or designee, in a Stage 4 Water Emergency State will revoke any permits approved during the Stage 3 Water Warning State. F. Depending on the availability of water and the City's ability to supply essential water demands and fire protection, the City Manager, upon notification to the City Council, may implement the Daily Water Conservation Plan prior to May 15 or extend the plan beyond September 15, in any given year. The City Manager, upon notification to the City Council, may also move from Stage to Stage within the plan as deemed necessary to preserve the City's ability to meet essential water demands and fire protection. The City Manager, upon notification to the City Council, may also make minor changes to the Daily Water Conservation Plan that is not detrimental to the effectiveness of the overall plan. G. A person who violates Section 3-1-12 is guilty of a separate offense for each day or portion of a day during which the violation continues and, upon conviction, shall be punished as follows: 1) First conviction: Fine of not more than twenty-five ($25.00) dollars; 2) Second conviction: Fine of not more than fifty ($50.00) dollars; 3) Third and subsequent convictions: Fine of not less than fifty ($50.00) dollars, nor more than two hundred ($200.00) dollars." SECTION 2. That all provisions of the Code of 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 not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any word, phrase, paragraph, section or phrase of this ordinance or of the Code of Ordinances, as amended hereby, be 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 unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. 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 to exceed twenty-five ($25.00) dollars, upon second conviction be punished by a penalty of fine not to exceed fifty ($50.00) dollars for each offense, and upon the third and subsequent conviction shall be punished by a penalty of fine not less than fifty ($50.00) dollars, nor more than two hundred ($200.00) dollars for each offense, and each and every day such offense is continued, shall constitute a new separate offense. SECTION 6. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. 7 DULY PASSED by the City Council of the City of Coppell, Texas, this the 8th day of May, 2001. CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ROBERT HAGER, CITY ATTORNEY