HomeMy WebLinkAboutOrdinance No. 02-1385 ORDINANCE NO. ~)~-~'~' {~ ~-~
CITY OF THE COLONY, TEXAS
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER
18 OF THE CODE OF ORDINANCES BY ADDING ARTICLE V" LAWN AND
LANDSCAPE IRRIGATION SYSTEMS"; RESTRICTING THE IRRIGATION OF
LAWNS AND LANDSCAPE DURING DESIGNATED TIMES; REQUIRING
MAINTENANCE OF LAWN AND LANDSCAPE IRRIGATION SYSTEMS;
PROVIDING REQUIREMENTS FOR FREEZE GAUGES ON LAWN AND
LANDSCAPE IRRIGATION SYSTEMS; PROVIDING A PENALTY OF NOT LESS
THAN $250 OR MORE THAN $2,000; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City Council of the City of The Colony, Texas (hereinafter referred to
as "the City") is the ultimate repository of authority in the City and is empowered under its
Charter to pass ordinances, rules, and regulations not inconsistent with the Constitution of the
State of Texas and for the purpose of promoting the health, safety, morals and general welfare of
the City; and
WHEREAS, Lawn sprinkler systems have been observed to operate when weather
conditions exists below freezing temperatures; and
WHEREAS, The operation of said sprinkler systems at temperatures below freezing lead
to icy conditions on public sidewalks, streets and alleys; and
WHEREAS, It has been observed that the operation of sprinkler systems at temperatures
below freezing on properties other than single family, which abuts collector streets and/or major
arterials, pose grave dangers to motorists;
NOW, THERERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. Incorporation of Premises. That all of the above premises are found and
determined to be true and correct and are incorporated into the body of this Ordinance as if
copied in their entirety.
Section 2. Amendments to the Code of Ordinances. That Chapter 18 of the Code of
Ordinances is hereby amended by adding Article V "Lawn and Landscape Irrigation Systems" to
read as follows:
Sec. 18-70. Definition. As used in this article certain words, terms or phrases shall
have the following meaning ascribed to them:
Freeze Gauges - A device that prevents irrigation systems from activating by
automatically stopping the flow of water when the outdoor temperature drops to 32 degrees
Fahrenheit or when outdoor weather conditions result in freezing of the water.
Sec. 18-71. Freeze Gauges.
A. Any new lawn or landscape irrigation system installed on properties zoned for
other than single-family residential use within the city on or after July 1, 2002,
must be equipped with freeze gau, ges approved as to number and type by the
Building Official.
B. Any lawn or landscape irrigation system installed on properties zoned other than
single-family residential within the city before July 1, 2002, may not be operated
after November 1, 2002, without being equipped with freeze gauges approved as
to number and type by the Building Official.
C. The set point of all freeze gauges used in conjunction with any lawn or landscape
irrigation system installed on properties zoned for other than single-family
residential within the city must be 32 degrees Fahrenheit or higher or must
operate in such a manner that it automatically stops the flow of water to the
irrigation system when the outdoor weather conditions result in freezing of the
water.
D. A person commits an offense if, on premises owned, leased, or managed by said
person, they:
1. Install, or cause or permit the installation' of, a new lawn or landscape
irrigation system in violation of this Article.
2. Operate, or cause or permit the operation of, a lawn or landscape irrigation
system that does not comply with this Article.
3. Cause a substantial amount of water to run upon impervious areas instead
of upon the lawn or landscape, such that a constant stream of water
overflows from the lawn or landscape onto a street, sidewalk or alley
when the lawn or landscape irrigation system is activated. In order to be
considered substantial, water runoff on impervious areas must exceed
eighteen (18) in width.
4. Operate a lawn or landscape irrigation system that faces a public street or
alley and has any broken or missing sprinkler head.
Section 18-72: Penalty.
It shall be unlawful for any person to violate any of the provisions of this article
and any person violating this ordinance or any provision hereof shall, upon conviction, be
punished by a fine of not less than Two Hundred and Fifty Dollars ($250) nor more than Two
Thousand Dollars ($2,000), and each day that violation continues shall constitute a separate
offense.
Section 3. Publication Clause.
The City Secretary of the City of The Colony is hereby directed to publish in the Official
Newspaper of the City of The Colony the Caption, Penalty Clause and the Effective Date Clause
of this Ordinance as required by Section 52.013 of the Local Government Code.
Section 4. Severabili~. Clause.
If any section, paragraph, sentence, clause, phrase or word of this ordinance, or
application hereof to any person or circumstance, is held invalid by any Court of competent
jurisdiction, such holding shall not affect the validity of the remaining portions of the ordinance;
and the City Council hereby declares it would have passed such remaining portions of the
ordinance despite such invalidity which remaining sections and parts shall remain in full force
and effect.
Section 5. Effective Date Clause.
That this Ordinance and the rules, regulations, provisions, requirements, orders and
matters establishednand adopted hereby shall take effect and be in full force and effect from the
c:,Q~ay of~ ,2002.
PASSED AND APPROVED this /~f--dayof ~~" , 2002.
Mayor,
City of The Colony, Texas
ATTEST: ~,
City Secretary,
City of The Colony, Texas
APPROVED AS TO FORM:
~¢//A~omey,
Cit~of The Colony, Texas