HomeMy WebLinkAboutOrdinance 2893
ORDINANCE NO. 2893
AN ORDINANCE AMENDING CHAPTER 78 "UTILITIES", ARTICLE II
"WATER", DIVISION 2 "WATER CONSERVATION AND RATIONING"
OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES BY
ADDING SECTIONS 78-65 TO BE ENTITLED "LAWN AND
LANDSCAPE IRRIGATION RESTRICTIONS", SECTION 78-66 TO BE
ENTITLED "RAIN SENSING DEVICES AND FREEZE SENSORS" AND
SECTION 78-67 TO BE ENTITLED "EXCEPTIONS"; AMENDING
SECTION 114.71(C) OF THE CODE OF ORDINANCES TO CONFORM
TO THE OTHER AMENDMENTS HEREIN; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
FOR VIOLATIONS HEREOF; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas (the "City") is a home rule city
acting under its charter adopted by the electorate pursuant to Article XI
Section 5, of the Texas Constitution and Chapter 9 of the Local
Government Code; and
WHEREAS, the City Council finds that conservation of water and protection of water
supplies is necessary to protect public health and sanitation as well as to
provide water for fire protection; and
WHEREAS, the City Council having previously adopted a water conservation plan
incorporated into the Code of Ordinances; and
WHEREAS, securing future water supplies will require proving to state permitted
agencies that existing water supplies are being used efficiently.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
SECTION 1. That Chapter 78 "Utilities", Article II "Water", Division 2 "Water
Conservation and Rationing" of the Code of Ordinances be and is hereby
amended by adding Sections 78-65 through 78-67 which shall read as
follows:
Sec. 78-65. Lawn and landscape irrigation restrictions
Ordinance No. 2893
Page 2 of 5
(a) Except for hand watering and the use of soaker hoses, a person
commits an offense if a person irrigates, waters, or causes or
permits the irrigation of 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. during the period from June
1 through September 30 of any year.
(b) A person commits an offense if he 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.
(c) A person commits an offense if, on premises owned, leased, or
managed by that person, he 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.
Sec. 78-66. Rain sensing devices and freeze sensors.
(a) All irrigation systems installed on or after October 25, 1999 with the
exception of those associated with agricultural and/or single family
residential uses must be equipped with rain and freeze sensors.
(See Section 114-74)
(b) Any agricultural and/or single family residential irrigation system
installed within the City on or after August 1, 2006 must be
equipped with rain and freeze sensors.
(c) The potable water supply to lawn irrigation system shall be
protected against backflow in accordance with the City's Sackflow
and Cross-connection Control Program adopted by Article VII of
Chapter 78 of the Code of Ordinances.
Ordinance No. 2893
Page 3 of 5
(d) It shall be unlawful for any person to knowingly or recklessly install,
operate, or cause, or permit the installation of or the operation of,
an irrigation system in violation of subsections 78-66 (a) through (d)
on premises owned, leased, or managed by that person.
Sec. 78-67. Exceptions.
(a) The Director of Public Works or his designee may grant exceptions
from the provisions of Sections 78-65 or 78-66 to persons
demonstrating extreme hardship and/or need as determined by the
Director of Public Works or his designee and only under the
following conditions:
(1) The applicant must sign a compliance agreement on forms
provided by the Public Works Department, agreeing to
irrigate or water a lawn or landscape only in the amount and
manner permitted by the exception.
(2) Granting of an exception must not cause an immediate
significant reduction in the City's water supply.
Examples of hardships that will be considered shall include such things
but not be limited to such items as:
New landscaping and/or lawns that can not be watered during the
specified times
Installation of new irrigation systems
Repair and/or adjustments to an existing irrigation system
Any hardship related to the health, safety and welfare of the person
making the request
Any other request determined to be a hardship as determined by the
Public Works Director or his Designee
(b) The Director of Public Works or his designee may revoke an
exception granted when determined that:
(1) the conditions of subsection (a) 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."
SECTION 2. That Section 114-71 (c)(1) Landscaping Regulations general criteria of the
Code of Ordinances be and is hereby amended to read as follows:
Sec. 114-71. Landscaping regulations
(c) General criteria.
"(1) The standards contained in this section are considered minimum
standards and shall apply to all zoning districts. Agricultural uses and
single-family residences and their accessory buildings shall be exempt
from the requirements of this Article except as provided in subsection
(c)(2) of this section and Section 78-66 of this Code."
SECTION 3. This Ordinance shall be cumulative of all provisions of the Code of
Ordinances of the City of North Richland Hills, and other applicable City
ordinances, except where the provisions of this Ordinance are in direct
conflict with the provisions of such ordinances, in which event the
applicability of the conflicting provisions of such ordinances are hereby
repealed to the extent of such conflict.
SECTION 4. It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses, and phrases of this Ordinance
are severable, and if any section, paragraph, sentence, clause, or phrase
of this Ordinance shall be declared unconstitutional by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining sections, paragraphs, sentences,
clauses, and phrases of this Ordinance, since the same would have been
enacted by the City Council without the incorporation in this Ordinance of
any such unconstitutional section, paragraph, sentence, clause or phrase.
SECTION 5. Any person, firm or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the
provisions of this Ordinance shall be fined not more than Two Thousand
Dollars ($2000.00) for each offense. Each day that a violation is permitted
to exist shall constitute a separate offense.
SECTION 6. The City Secretary is hereby directed to publish this ordinance or its
caption and penalty in the official City newspaper one time within ten (10)
days after final passage hereof.
SECTION 7. This Ordinance shall be in full force and effect from and after its passage
and publication as required by law, and it is so ordered.
Ordinance No. 2893
Page 4 of 5
PASSED AND APPROVED on this 10th day of July, 2006.
By:
George A. Staples City Attorney
APPROVED AS TO CONTENT:
M~ C~T;
Mike Curtis, Public Works Director
Ordinance No. 2893
Page 5 of 5
INVOICE
Star- Telegram
400 W, 7TH STREET
FORT WORTH, TX 76102
(817) 390-7761
Federal Tax ID 22-3148254
Customer ID:
Invoice Number:
Invoice Date:
Terms:
Due Date:
PO Number:
Order Number:
Sales Rep:
Description:
Publication Dates:
Bill To:
CITY OF N RICHLAND HILLS/SECRET
PO BOX 820609
NORTH RICHLAND HILLS, TX 76182-
Attn ACCOUNTS . PAYABLE
-
CIT 13
272292501
7/13/06
Net due in 21 days
7/31/06
27229250
073
CITY OF NORTH RI
7/12/06 - 7/13/06
I ~~~~s I
.A¡~ ~~e~1ã
"rn:llltles", PJ.rtlcle II
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and Ratlonlna" of the
North Rlchland Hills
CòdEi of Ordinances
~~_8~d~bnlbe S:~I~~~
"Lawn and Landscape
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78-66 to be entitled
~~~~ ~~~sln~re~:~
Sensors" and Section
78-67 to be entitled
"Exceptions";
amendi'l\l Section
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conform to the other
amendments herein;
g~r~~i~ge t~~¡u t~:
cumulative of all or-
dinances,' providing a
severabll ty clause;
erg¡~gb~f ¡ a pe~~~e~f;
R6~Vidll~g l~~ P~Wilgi~i
newspaper; and pro-
viding an effective
Before me. a Notary Public in ar Adate, f' d State. this day personally appeared Lisa Wesselman. Bid and Legal Coordinator
I ny' person, Irm or
for the Star-Telegram. pUblishedH Clorporadltlobn who Vllt'a- :, Inc. at Fo Worth. in Tarrant County. Texas; and who. after being duly sworn. did
atEls, so eys, om s,. ..
depose and say that the attac neglects 0lrhrefu88shto vertlsemen as published In th above named paper on the listed dates: BIDS &
I comply wt or w 0
LEGAL DEPT. STAR TLEGRAM resists the enforce-
ment of any of the
(817) 390-7320 p'rovlsions of this Or- .
~~a~~r:h~~~~ fip,:g !
T~2~~' foP~~C~
òtfense. chdaythat
a violation, s P.,ermltted a
SUBSCRIBED AND SWORN TO BEF t~teex~t ,ti~~~~:: July 14. 2006,1At
r1:~::d and app.roved ( , A /
on, this 10th äa, y of P bl' ~~d'f
1a}~~C~::>~~VlnO 'U IC - ~
~msV:evlno - Mayor
Is/Patricia Hutson
Thank Yau For Your Pa) c~ut.on -
Jr~ry A~ TO
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CITY OF NORTH RICHLAND HILLS
13580
LINE
72
72
Net Amount:
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CHRISTI L. HOLIJIND
MY COMMISSION EXPIRES
July 31, 2008
THE STATE OF TEXAS
County ofT arrant
$0.36
$51.84
$51.84
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Remit To: Star-Telegram
P.O. BOX 901051
FORT WORTH, TX 76101-2051
Customer ID:
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed:
$
CIT13
CITY OF N RICHLAND HIL
272292501
$51.84