HomeMy WebLinkAboutOrdinance - 2004-O0001 - Amending Chapt 28 In Regard To Landscaping Irrigation Systems - 01/08/2004First Reading
January 8, 2004
Item No. 48
ORDlliANCENO. 2004~0001
Second Reading
April 22, 2004
Item No. 39
AN ORDlliANCE AMENDlliG CHAPTER 28 OF THE CODE OF
ORDlliANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
LANDSCAPlliG IRRIGATION SYSTEMS, OPERATION OF IRRIGATION
SYSTEMS OR DEVICES, AND ESTABLISHING THE WATER BOARD OF
APPEALS; PROVIDlliG A PENALTY; PROVIDING A SAVlliGS CLAUSE; AND
PROVIDlliG FOR PUBLICATION. '
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 28 of the Code of Ordinances of the City of Lubbock,
Texas, with regard to landscaping irrigation systems, operation of irrigation systems or
devices, and establishing the Water Board of Appeals; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby
amended by adding a section, to be numbered 28-44, which said section reads as follows:
Sec. 28-44. Landscaping Irrigation Systems
(a) Any landscape irrigation system installed pursuant to a permit prescribed
by Article III of Chapter 6 of the Code of Ordinances, City of Lubbock, Texas, on
or after May 1, 2004, shall be designed and installed in a manner that prevents the
following:
(1) System operation during periods of weather, as described in 28-
44( d), or in a manner to create a hazard to vehicular or pedestrian traffic;
(2) Use of spray or rotary sprinkler heads within landscaped areas of 4
feet in width or less, when adjacent to public rights-of-way, or impervious
areas that drain to public rights-of-way; and
(3) System operation outside of the manufacturer's recommended
pressure range.
(4) Intentional sprinkler head/emitter discharge or overspray onto non-
landscaped or non-turf areas, including without limitation, public streets,
alleys or other impervious areas that drain onto public streets or alleys.
(b) A landscape irrigation system designed and installed by a Licensed
Irrigator in accordance with the criteria set forth in this section shall be deemed to
be in compliance with subparagraph (a) of this section if said Licensed Irrigator
certifies in writing to the city water department that the landscape irrigation
Irrigation Board of Appeals.ord Page 1 of7
system has been designed and installed in accordance with subparagraph (a) of
this section. This certification shall be provided to the city water department at
the time of requesting final inspection of the system.
(c) Automatic irrigation systems shall:
(1) Be maintained in compliance with the provisions of this section;
and
(2) Be rendered inoperative by or at the direction of the irrigation
system owner or operator pending repairs if damaged in a manner that
results in leakage or excessive discharge of water from broken
components.
(d) Any person, installing automatic sprinkler systems in or on property, other
than those listed below, pursuant to a permit to install the irrigation system
prescribed by Article III of Chapter 6 of the Code of Ordinances, City of
Lubbock, Texas issued on or after May 1, 2004, shall purchase and install
separate water meters for irrigation purposes only. Said meter shall not provide
water for any other use and shall include a normally closed master valve. The
irrigation system shall include a freeze sensor rendering irrigation inoperative at a
minimum of 35 degrees Fahrenheit and shall include rain sensors set to render the
irrigation system inoperative at 1;4 inch of moisture or less. This subparagraph (d)
of this section shall not apply to the following types of properties:
(1) Properties legally zoned as "R -1" Single Family District, as
described in Section 29-7 of the Code of Ordinances, City of Lubbock,
Texas;
(2) Properties legally zoned as "R-1, Specific Use" Single Family
District, as described in Section 29-24(c)(l)a. and Section 29-24(c)(2) of
, the Code of Ordinances, City of Lubbock, Texas;
(3) Properties legally zoned as "R-2" Two-Family District, as
described in Section 29-8 of the Code of Ordinances, City of Lubbock,
Texas; or
( 4) Properties legally zoned as "RE" Residential Estates District, as
described in Section 29-24( c )(3) of the Code of Ordinances, City of
Lubbock, Texas.
(e) Any request for an alternative system from those required in this section
shall be heard and determined by the Water Board of Appeals in accordance with
subsection (h), below.
(f) Violations for this section shall be as follows:
Irrigation Board of Appeals.ord Page2of7
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(1) Any person, landowner, building owner or occupant who shall
violate any of the provisions of this section or who shall fail to comply
with any of the provisions of this section commits an offense.
(2) The owner or owners of any landscape irrigation system, property
or part thereof where anything in violation of this section shall exist and
any contractor, agent, person, finn or corporation employed in connection
with the installation, operation or maintenance of the irrigation landscape
system and who have assisted in the commission of such violation
commits an offense.
(3) A person commits an offense if he installs or operates an automatic
sprinkler system or irrigation device in violation of any provision of this
section, Chapter 6 of the Code of Ordinances, City of Lubbock, Texas, or
of any applicable state or local law.
(g) Notwithstanding anything herein to the contrary, a Licensed Irrigator
installing, operating or maintaining an irrigation landscape system shall not be
liable, in any circumstance, for a violation of Section 28-44(f)(2).
(h) (i) Establishment. In order to determine the suitability of alternate
materials and methods of construction and to provide for reasonable
interpretation of the provisions of Section 28-44 and to determine
exceptions to the requirements of 28-45 (a) and (b)(l) of this Code, there
is hereby created a board of appeals, to be known as the Water Board of
Appeals, consisting of seven (7) members who are qualified by
experience and training to pass upon matters pertaining to such matters.
The membership of the Water Board of Appeals shall include one or
more representatives from the following named areas of expertise:
1.) A Licensed Irrigator
2.) A Landscape Architect
3.) A representative from the public education system
4.) A representative from the top 100 water users from the City
water system
5.) A representative from water related governmental entities or
authorities (such as Canadian River Municipal Water Authority,
Brazos River Authority, High Plains Underground Water
Conservation District Number 1, etc.)
6.)Two (2) Citizens of the City of Lubbock
The Director of Water Utilities shall be the ex officio member and shall
act as secretary for the Board. The Water Board of Appeals shall be
appointed by the governing body of the City. The initial board members
shall serve as follows: Three (3) members shall serve for a term of one (1)
year and four (4) members shall serve for a term of two (2) years, said
terms to be determined by the City Council of the City at the time of
appointment. At the expiration of the terms of the initial board members,
all terms shall be for two (2) years, or until such time as their successors
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are appointed. A simple majority of the Water Board of Appeals shall
constitute a quorum.
(ii) Scope. The Water Board of Appeals shall, except as provided
herein, be subject to the rules and regulations as adopted by the Board of
Appeals as set forth in Section 6-19 of the Code of Ordinances,
regarding the conduct of its investigations, meetings, hearings, and
rendering of all decisions and fmdings.
(iii) Jurisdiction. The Water Board of Appeals shall have the
authority and is vested with the jurisdiction to hear and determine (i)
requests for substitution of alternate systems from those provided in this
Section 28-44 of the Code of Ordinances; and (ii) requests for exceptions
to the watering times and/or conditions than that set forth in Sections 28-
45(a) and 28-45(b)(1) of the Code of Ordinances.
(iv) Hearings. Application for hearings shall be as follows:
1.) The owner of property intending to install, alter, change,
convert, repair or operate a landscape irrigation system on
said property in conformance with pertinent governing
ordinances of the City, shall in cases when compliance
with such codes presents a practical difficulty or
unnecessary hardship, make written application to the
Water Board of Appeals, on forms to be furnished by the
Director of Water Utilities, for a recommendation of an
alternate system or alternate watering times and/or
conditions to that required by Sections 28-44, 28-45(a) or
28-45(b)(1) of the Code of Ordinances.
2.)
3.)
Each applicant for an alternate system to that prescribed
by Section 28-44 of the Code of Ordinances shall, upon
making such application, submit to the Water Board of
Appeals sufficient technical data and other information to
demonstrate that the new method or device is equivalent in
quality, strength, effectiveness and safety to that
prescribed in Section 28-44 of the Code of Ordinances.
Each applicant for exceptions to the watering times and/or
conditions to that prescribed by Sections 28-45(a) and 28-
45(b)(1) of the Code of Ordinances shall, upon making
such application, submit to the Water Board of Appeals
sufficient technical data and other information to
demonstrate that due to special conditions, a literal
enforcement of Sections 28-45(a) or 28-45(b)(1) would
result in unnecessary hardship and that the requested
exception is not contrary to the public interest. The Water
Board of Appeals may grant such exception subject to any
conditions deemed necessary or advisable by the Water
Board of Appeals.
(v) Limitation of Authority. The Water Board of Appeals shall have
no authority relative to interpretation of the administrative
provisions or requirements as set forth in this Section 28-44 and
Irrigation Board of Appeals.ord Page4 of7
28-45, either expressed or by reference, nor, except as set forth
herein, be empowered to waive requirements set forth in the
Code of Ordinances. Notwithstanding the above, the Water
Board of Appeals may grant exceptions to Section 28-45(a)
and/or Section 28-45(b)(l) in the event appropriate fmdings, as
set forth in Section 28-44(h)(iv)(3), are made.
SECTION 2. THAT the Code of Ordinances, of the City of Lubbock, Texas, is
hereby amended by adding a section, to be numbered 28-45, which said section reads as
follows:
Sec. 28-45. Operation of irrigation systems or devices.
(a) During Daylight Savings Time (from the first Sunday in April to the
fourth Sunday in October), landscape irrigation utilizing water, in whole or in
part, obtained from the city water system, is prohibited except during the times
between 6:00p.m. and 10:00 a.m. The City Manager, or his or her designee, may,
in the event he or she deems necessary the further restriction of landscape
irrigation to certain days of the week or other restrictive irrigation schedules,
recommend to the City Council of the City of Lubbock the adoption of an Order
adopting such restrictive landscape irrigation schedule. This subparagraph (a) of
this section shall not apply to the following irrigation activities:
(1) Subsurface or soaker hose type irrigation systems;
(2) Irrigation using hoses that are manually attended at all times of
operation;
(3) Short term operation of an automatic irrigation system solely for
the purposes of testing the proper operation of said system; or
(4) Irrigation of newly installed landscape material by an automatic
irrigation system or irrigation device for a period no longer than
three (3) weeks after the landscape material has been installed.
(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) An irrigation system or other lawn or landscape watering device
to operate during periods of freezing weather or during
precipitation events described in Section 28-44(a)(l), Code of
Ordinances, City of Lubbock, Texas.
Irrigation Board of Appeals.ord Page 5 of7
(c) A person commits an offense if he knowingly or recklessly, on premises
owned, leased, or managed by the person, operates a lawn or landscape
irrigation system or device that:
(1) Irrigates at any time prohibited by Section 28-45( a); or
(2) Does not have backflow prevention as required in Chapter 6 of the
Code of Ordinances, City of Lubbock, Texas.
(3) has any broken or missing sprinkler head(s).
(d) For the purposes of this Chapter, an irrigation device is defmed as any
manually operated or automated sprinkler, sprinkler head, hose, faucet or any
other device capable of irrigating, in whole or in part, landscapes or lawns.
(e) A person, prior to conducting the subject irrigation activities, may request
an exception to the watering times and/or conditions than that set forth in Sections
28-45(a) and 28-45(b)(l) to the Water Board of Appeals, as set forth in Section
28-44(h).
SECTION 3. THAT violation of any proviSIOn of this ordinance shall be
deemed a misdemeanor punishable as provided by Section 1-4 of the Code of
Ordinances of the City of Lubbock, Texas.
In considering the amount of fine to be assessed upon conviction of an offense
under Sections 28-44 and/or 28-45, the Court may consider the following:
(a) the volume of water released;
(b)
(c)
(d)
(e)
the degree of hazard, including hazard to health, safety or welfare
of the citizens of the city, and/or the environment or natural
resources;
the number of prior violations or complaints of violations of
Sections 28-44 and/or 28-45;
the person's cooperation with the city to eliminate the release or
runoff;
the weather conditions at the time the subject violation occurred;
and
(f) the site plan and shape of the subject property.
Irrigation Board of Appeals.ord Page6 of7
SECTION 4. 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 5. 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 8th day of __ J_a_n_u_a~ry.__ __ , 2004.
Passed by the City Council on second reading this 22rdday of 2004.
ATTEST:
£?\J..=f<«-e ~c.:=
Rebecca Garza, City Secretary
1 ~t.~~&r P~Ianning Engineer
... ~ l -.>:::· &t_~ 2:
Tirry Ell~k -I Director of Public Works
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