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HomeMy WebLinkAboutOrd 504 Amending Chapter 98 Adding an Irrigation Conservation PlanTOWN OF WESTLAKE ORDINANCE NO. 504 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING CHAPTER 98, ARTICLE III, SECTION 98-83 OF THE TOWN OF WESTLAKE CODE OF ORDINANCES BY ADDING SUB -SECTION (C) IRRIGATION CONSERVATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake's Board of Aldermen finds conservation of water and protection of water supplies are in the best interest of its citizens; and WHEREAS, The Town of Westlake is obligated to implement and enforce water conservation measures described in the Town's wholesale water customer contract with the City of Fort Worth; and WHEREAS, The Board of Aldermen of the Town of Westlake desires to amend the provisions of Section 98-83 related to irrigation requirements in the Town of Westlake, Texas: NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: Sec. 98-83 of the Westlake Code of Ordinances is hereby amended to add sub -section (c) Irrigation Conservation to read as follows: See. 98-83. Irrigations Requirements (c) Irrigation Conservation (1) Maintenance. The owner of an irrigation system shall be responsible for the maintenance and operation of the system. Irrigation systems must be maintained and monitored to comply with all Town requirements including alteration and/or limiting of irrigation scheduling during drought conditions. All irrigations systems must: {i) prevent 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. cease operation during any form of precipitation. (iii) cease operation in the event a sprinkler head is broken or missing until repaired. (iv) be properly maintained in a manner that prevents the waste of water. (2) Rain Sensing Devices and Freeze Gauges. (i) Any commercial or industrial customer class irrigation system installed within the Town on or after June 12, 2006 must be equipped with rain and freeze sensors. (ii) Any commercial or industrial customer class irrigation system installed before June 12, 2006 may not be operated after June 12, 2007 without being equipped with rain and freeze sensors. (iii) The potable water supply to lawn irrigation system shall be protected against backflow in accordance with the most current International Codes (IRC, IBC, IPC) and/or ordinances adopted by the Board of Alderman relating to cross connections. All rain and freeze sensors for commercial customer class lawn irrigation systems shall under go annual inspection and testing concurrent with schedules associated with the requirements of the International Codes. (iv) Any residential customer class irrigation system installed within the Town on or after June 1, 2007 must be equipped with rain and freeze sensors. SECTION 3: That all provisions of Section 98-83, not hereby amended shall remain in full force and effect. SECTION 4: It is hereby declared to be the intention of the Board of Aldermen of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Board of Aldermen of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 5: Any person, who violates, disobeys, omits, neglects or refuses to comply with a measure implemented in accordance with this section and the drought contingency plan shall be fined up to the amount of $500.00 per violation or the maximum amount as allowed by law for each and every violation. Each day constitutes a new and separate violation. SECTION 6: In addition to and accumulative of all other penalties, the Town shall have the right to seek injunctive relief for any and all violations of this ordinance. SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 12" DAY OF JUNE 2006. ATTEST:. an Dwinnell, Town Secretary APPROV AST ORM: L. tanton y To Attorney Scott Bradley', Mayor Trent O. Petty, Town M ager