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HomeMy WebLinkAboutORD 1295 - ORD Relating to Discharges of Water, Prohibiting Certain Charges and Findings '~,) , 1-93 o ORDINANCE NUMBER 1295 A ORDINANCE RELAT!NG TO DISCHARGES OF WATER; PROHIBIT!NG CERTAIN DISCHARGES; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT AND DECLARING AN EMERGENCY. WHEREAS" the City has recently experiences some unforseen failures of its source of water supply; and WHEREAS, it is necessary to restrict certain non-essential discharges of water in order to preserve minimal water pressures for human needs 'and fire fighting. - NOW, THEREFORE, BE IT ORDAINED BY THE; CITY, COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: S,ection 1. (a) In this section, "discharge" means to allow water to escape from a pipe, hose or other pressurized source. D (b) It Shall be unlawful for any person to discharge water outdoors in any of the following circumstances: (1) when the discharge is used to water grass, trees, shrubs or other plants; or , (2): - whe'n the di scharge :i s:'used to :wa-s'h 'a car, truck or ,other , 'mot'or :y,ehicle; or . " (3) when the discharge is used for recreational purposes; or (4) when the di'scha.rge' is not used for any apparent purpose. (c) It shall be unlawful for any person in control of any premises to cause or to allow discharge of water outdoors at the premises in any of the circumstances described in subsection (b), abov'e.' 'In :any;proceedingto'enforce' :thi S ,provi siion,pnoof that a person 'has eiither'arranged'lfor or paid for City water service for any gi ven 'premi ses sha 11 be prima ,faci e ,evi'dence that, during those times that the service is so arranged for or paid for,. the person controls the premises and allows any discharge of water at those premises. Such proof may consist of excerpts from customer billing records of the City. ~ .. _ ,___.l..___;"'_..'--..i___..._':" __ _._ _ "______ _ r::=J._~_L____.,,__.___L.llLi.l__i..._~.~l!J , ..__._---~--_._-- _~._.lUJjril! 11L.jtl.llli.LilllllI.lUl.l;- . " _IDITIlfTI"m:']r'" I Il!-~-- - r:t-i~....--r-r ~------rl '"' -' .j! .,~!;. It;"" 1 ,.. ,. - .. (d) In any proceeding to enforce this section, it shall be an affirmative defense that: (i) the discharge occurred into a bucket, can or other hand-held container, or (ii) the water discharged was obtained from a source other than the City's waterworks system. (e) The City Manager is authorized to suspend temporarily water service to any premises where two or more violations of this ordinance have occurred. Such a suspension must be preceded by notice and an opportunity for a meeting with the City Manager. No suspension may extend for more than seven days, unless there is another notice and opportunity for a meeting for each seven-day suspension period. (f) Violation of this section shall be punishable by a fine not to exceed $1,000.00. Each day that a violation continues shall constitute a separate offense. [I Section 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. . Section 3. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. Section 4. The City Council offici,ally finds, determines and declares that a sufficient written notice of the date, ,hour, place and subject of each meeting at which this ordinance was di~cussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and' that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 5. The public importance of this measure and the requirements of the law create an emergency and an urgent public necessity requiring that this Ordinance be passed and take effect as an emergency measure, and a state of emergency is hereby declared, and this Ordinance is accordingly passed as an emergency measure and shall take effect and be in force as soon as legally possible. ii I I ~ II '~ 2 1~5 o Section 6. Thisordina'ncetakeseffect on the tenth day following its publication, as required by Section 2.12 of the City Charter, except that the non-penal provisions of this ordinance shall take effect immediately upon passage and signature of the Mayor. PASSED AND APPROVED this 25th, day of. August, 1987. CouJlcilmembers Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel Councilmembers Voting No: Councilmembers Absent: None None Michael L. Parks, Mayor o ATTEST: Approved as to Form: Audrey Nichols City SecretaY'Y " James L. Dougherty ,~Jr . City.Attorney (SEAL) o 3 ~------~._.. . .--,-,--ill'" "-...'~~:.