§ 12-18. Landscape water management.
(1)
Lawn and irrigation restrictions.
(a)
A person commits an offense if the person irrigates, waters, or knowingly or recklessly causes or allows the irrigation or watering of any lawn or landscape located on any property owned, leased, or managed by the person between the hours of 10:00 a.m. and 6:00 p.m. year-round.
(b)
A person commits an offense if the person knowingly or recklessly irrigates, waters, or causes or allows the irrigation or watering of lawn or landscape located on any property owned, leased, or managed by that person in such a manner that causes:
i.
Over-watering lawn or landscape, such that a constant stream of water overflows from the lawn or landscape onto a street or other drainage area; or
ii.
Irrigating lawn or landscape during any form of precipitation or freezing conditions. This restriction applies to all forms of irrigation, including automatic sprinkler systems; or
iii.
The irrigation of impervious surfaces or other nonirrigated areas, wind-driven water drift taken into consideration.
(c)
A person commits an offense if the person knowingly or recklessly operates a lawn or irrigation system or device on property that the person owns, leases, or manages that:
i.
Has broken or missing sprinkler head(s); or
ii.
Has not been properly maintained to prevent the waste of water.
(d)
All new athletic fields must have separate irrigation systems that are capable of irrigating the playing fields separately from other open spaces.
(2)
Rain and freeze sensors and/or ET or smart controllers.
(a)
Six months after this plan is adopted, any new irrigation system installed must be equipped with rain and freeze sensing devices and/or ET or smart controllers in compliance with state design and installation regulations.
(b)
A person commits an offense on property owned, leased or managed if the person:
i.
Knowingly or recklessly installs or allows the installation of new irrigation systems in violation; or
ii.
Knowingly or recklessly operates or allows the operation of an irrigation system that does not comply with subsection (2)(a).
(3)
Filling or refilling of ponds. A person commits an offense if the person knowingly or recklessly fills or refills any natural or manmade pond located on any property owned, leased, or managed by the person by introducing any treated water to fill or refill the pond. This does not restrict the filling or maintenance of pond levels by the effect of natural water runoff or the introduction of well water into the pond. A pond is considered to be a still body of water with a surface area of 2,500 square feet or more.
(4)
Washing of vehicles. A person commits an offense if the person knowingly or recklessly washes a vehicle without using a water hose with a shut-off nozzle on any property owned, leased or managed by the person.
(5)
[Penalty.] An offense under this section is a Class C misdemeanor punishable by a fine of up to $2,000.00 and/or discontinuance of irrigation water service by the city.
(6)
Variances. In special cases, variances may be granted by the city manager or his designee to persons demonstrating extreme hardship or need. Variances may be granted under the following circumstances:
(a)
The applicant must sign a compliance agreement agreeing to irrigate or water the lawn and/or landscape only in the amount and manner permitted by the variance; and
(b)
The variance must not cause an immediate significant reduction to the water supply; and
(c)
The extreme hardship or need requiring the variance must related to the health, safety, or welfare of the person making the request; and
(d)
The health, safety, and welfare of the public and the person making the request must not be adversely affected by the requested variance.
A variance will be revoked upon a finding that:
(a)
The applicant can no longer demonstrate extreme hardship or need; or
(b)
The terms of the compliance agreement are violated; or
(c)
The health, safety, or welfare of the public or other persons requires revocation.
(Ord. No. 2399, §§ 1—7, 4-21-09)