HomeMy WebLinkAboutOrdinance - 2012-O0022 - Amending Chapter 22 Of Code With Regard To Drought & Emergency Contingency Plan. - 03/06/2012First Reading
March 6, 2012
Item No. 6.3
ORDINANCE NO. 2012-00022
Second Reading
March 29, 2012
Item No. 5.34
AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, TEXAS, WITH REGARD TO RESTRICTIONS
ON CERTAIN WATER USES RELATED TO DROUGHT OR SHORTAGES;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION AND ORDAINING OTHER MATTERS RELATED TO THE
FOREGOING.
WHEREAS, the City of Lubbock, Texas (the "City"), recognizes that the amount
lof water available to the City and its water utility customers is limited; and
WHEREAS, the City has adopted a Water Conservation Plan and Drought and
Emergency Contingency Plan (the "Water Use Management Plan"); and
WHEREAS, the City Council has deemed that the reasonable and prudent filling,
emptying, and refilling of swimming pools and hot tubs represents a relatively
insignificant portion of overall water consumption, such that said activities need be
,restricted only in certain, more drastic, drought and emergency conditions;
WHEREAS, the City Council of the City of Lubbock, Texas deems it in the best
interest of the health, safety, and welfare of the citizens of Lubbock to make the
following amendments to Chapter 22 of the Code of Ordinances with regard to amending
the Water Use Management Plan to permit the reasonable filling, emptying, and refilling
of swimming pools and hot tubs; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 22.08.079(2)(C)(iv) of the Code of Ordinances of the City
of Lubbock, Texas, is hereby amended to read as follows:
(iv) Water customers will refrain from or significantly limit aesthetic and non-
essential water use. Water shall not be used to wash down hard surfaced
areas, including, without limitation, sidewalks, parking lots, gutters, and
patios. Water shall not be used for dust control. However, water may be
used for construction or to clean surfaces for painting.
SECTION 2. THAT Section 22.08.079(3)(C) of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
(C) Water use restrictions for reducing demand
(i) Irrigation shall occur without significant water runoff, which can
be accomplished by correctly cycling the sprinkler system and
allowing time for the water to soak into the landscape between
irrigation events.
(ii) Landscape irrigation shall not occur more than one day per month
and not for more than 1.5 inches per zone. The City Manager, or
his/her designee, may designate the irrigation schedule.
(iii) Water customers will refrain from aesthetic and non -essential
water use. Water shall not be used to wash down hard surfaced
areas, including, without limitation, sidewalks, parking lots,
gutters, and patios. Water shall not be used for dust control. Pools
and hot tubs may not be filled or drained and refilled.
(iv) Use of water from fire hydrants shall be limited to fire fighting or
other related activities necessary to maintain public health, safety,
and welfare. Under the direction of the City Manager, use of water
from fire hydrants for construction purposes may be allowed by
permit.
(v) All City of Lubbock operations shall adhere to the water use
restrictions.
(vi) Hand watering for landscape irrigation purposes is allowed on a
daily basis regardless of the time of year.
(vin) The City Manager, or his/her designee, will contact wholesale
water customers to discuss water supply and/or demand conditions
and will request that wholesale water customers initiate additional
mandatory measures to reduce non -essential water use (i.e.,
implement Stage 3 of the customer's drought contingency plan).
SECTION 3. THAT Section 22.08.003, Subsection entitled Nonessential water use, of
the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as
follows:
Nonessential water use. Water uses that are neither essential nor required for the
protection of public health, safety, and welfare, including without limitation:
(1) Landscape irrigation;
(2) Use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane, or other vehicle of any kind;
(3) Use of water to spray or wash down any sidewalks, walkways,
driveways, parking lots, tennis courts, or other hard -surfaced areas;
(4) Use of water to spray or wash down buildings or structures for
purposes other than immediate fire protection;
(5) Flushing gutters or permitting water to run or accumulate in any
gutter or street;
(6) In connection with Stage 3 and Stage 4 Drought Response Stages,
use of water to fill, refill, or add to any indoor or outdoor swimming pools
or hot tubs;
(7) Use of water in a fountain or pond for aesthetic or scenic purposes
except where necessary to support aquatic and avian life; and
(8) Failure to repair a leak(s) within a reasonable period of time after
having been given notice directing the repair of such leak(s).
SECTION 4. THAT violation of any provision of this Ordinance shall be deemed
a misdemeanor punishable by a fine and in the manner as set forth in Section 22.08.083
of the City of Lubbock Code of Ordinances.
SECTION 5. THAT should any paragraph, section, clause, phrase or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of the
Ordinance shall not be affected thereby.
SECTION 6. THAT the City Secretary of the City of Lubbock, Texas, is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance
as an alternative means of publication provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 6th day of March 2012.
Passed by the City Council on second reading this 29th day of March , 2012.
TOM MARTIN, MAYOR
ATTEST:
Rebec a Garza, City Secretar
APPROVED AS TO CONTENT:
Marsha Reed, P.E., Chief Operations Officer
APPROVED AS TO CONTENT:
Aubrey Spea , P.E./birector of Water Resources
APPROVED AS -TO FORM:
1 Satterwhite, Assistant City Attorney
Water Use Management Plan Amend.2.16.12