ORD 2009-18TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2009-18
AN ORDINANCE OF THE TOWN OF TROPHY
CLUB, TEXAS AMENDING CHAPTER 11 OF THE
CODE OF ORDINANCES, ENTITLED "PUBLIC
WORKS", BY ADDING ARTICLE IX ENTITLED
"DROUGHT CONTINGENCY MEASURES";
PROVIDING FOR INCORPORATION OF
PREMISES; PROVIDING FOR AMENDMENT;
PROVIDING A SAVINGS AND REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; PROVIDING A
PENALTY NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE AND A SEPARATE OFFENSE SHALL
BE DEEMED COMMITTED EACH DAY DURING OR
ON WHICH A VIOLATION OCCURS OR
CONTINUES; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Trophy Municipal Utility District No. 1 contracts with the
City of Fort Worth to provide Water to the residents of Trophy Club; and
WHEREAS, the Town of Trophy Club provides enforcement of regulations
relative to Water use and conservation; and
WHEREAS, on May 12, 2009, the Trophy Club Municipal Utility District
No.1 adopted a Drought Contingency Plan through the enactment of Order No.
2009-05128 (hereinafter "Plan"); and
WHEREAS, the Plan provides for certain restrictions on use of Water
during times of drought and Water shortages (Water emergencies); and
WHEREAS, the Town Council recognizes the crucial public health and
safety issues that will arise if there is a shortage of Water, including but not
limited to the inability to effectively fight fires, and further recognizes the need to
be proactive to conserve Water resources; and
WHEREAS, the Town Council finds that the adoption of restrictions
necessary to safeguard the supply of Water to the residents of the Town during
times of drought and shortage is necessary to protect the public health, safety,
and welfare; and
WHEREAS, in order to protect public health, safety and welfare, the Town
Council has determined it necessary and appropriate to adopt the regulations set
forth herein to be codified as Chapter 11, Public Works, Article IX Drought
Contingency Measures" of the Code of Ordinances of the Town of Trophy Club
which provide for criminal enforcement of such measures.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are
incorporated herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
Chapter 11 entitled "Public Works" of the Code of Ordinances of the Town
of Trophy Club, Texas is amended to add Article IX, entitled "Drought
Contingency Measures" to be and read in its entirety as follows:
"9.01 Declaration of Policy Purpose, and Intent
A. Water uses regulated or prohibited under this Article are considered to be
non-essential and continuation of such uses during times of water shortage or
other emergency water supply conditions are deemed to constitute a waste of
water which subjects the offender(s) to civil penalties imposed by the Trophy
Club Municipal Utility District No.1 (Town of Trophy Club), and criminal penalties
as set forth in this Article. The purpose of the restrictions imposed by this Article
is to implement a Drought Contingency Plan to provide for the management of
water resources during times of drought and inadequate supply and to:
1. Conserve the available water supply in times of drought and
emergency
2. Maintain supplies for Domestic Water Use, sanitation, and fire
protection
3. Protect and preserve public health, welfare, and safety
4. Minimize the adverse impacts of water supply shortages
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5. Minimize the adverse impacts of emergency water supply conditions
9.02 Applicability
Upon notification to the Town by either the City of Fort Worth or the Trophy Club
Municipal Utility District No.1 that one or more triggers for that implementation of
this Drought Contingency Plan have been met, the provisions of this Article shall
become effective. Upon taking effect, the provisions of this Article shall apply to
all Persons utilizing potable water within the corporate boundaries and
extraterritorial jurisdiction of the Town and provided by or through Trophy Club
Municipal Utility District No.1 or any other source. The provisions of this Article
shall apply when Stage 1, Stage 2, or Stage 3 Drought Conditions have been
declared to exist as provided in this Article and the regulations contained herein
shall supersede other less restrictive Town ordinances and regulations related to
water Conservation during such times of drought or water shortage. The
provisions of this Article shall not apply to locations serviced by treated
wastewater effluent or private wells.
9.03 Definitions
A. Aesthetic or Scenic Purposes: Water use for ornamental or decorative
purposes such as fountains, reflecting pools, and water gardens.
B. Commercial Customer: A Customer who uses water fOrJhe operations
of commercial and non-profit establishments and governmental entities such as
retail establishments, hotels and motels, restaurants, and office buildings.
C. Customer: Any Person purchasing water from Trophy Club Municipal
Utility District No. 1 to service an address within the corporate boundaries and
extraterritorial jurisdiction of the Town of Trophy Club. This term includes both
residential and commercial Customers.
D. District: Trophy Club Municipal Utility District No. 1 ("TCMUD 1 ") that
provides water, sewer and fire protection services to customers within their
boundaries or to customers outside their boundaries by contract with the Town of
Trophy Club.
E. District Manager: The full-time, paid, chief administrator for the District.
F. Domestic Water Use: Water use for personal needs or for household or
sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for
cleaning a residence, business, industry, or institution.
G. Drought: Generally a lack of adequate water to supply needs or replenish
supplies used.
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H. Drought Contingency Plan: The provisions contained within this Article
relative to control of water usage.
I. Drought Response Stage: Stage 1, Stage 2, or Stage 3 of the Drought
Contingency Plan.
J. Even number address: Street addresses, box numbers, or rural postal
route numbers ending in 0, 2, 4, 6 or 8 and locations without addresses.
K. Landscape Irrigation Use: Water used for the irrigation and
maintenance of landscaped areas, whether publicly or privately owned, including
residential and commercial lawns, gardens, golf courses, parks and rights-of-way
and medians.
L. Trophy Club Municipal Utility District No.1 or District: Trophy Club
Municipal Utility District No.1 ("TCMUD 1") is the governmental entity in the
Town of Trophy Club that provides water, sewer and fire protection services to
customers within the boundaries of Trophy Club and TCMUD 1 and to customers
outside the boundary of TCMUD 1 yet within the boundary of the Town by
contract with the Town of Trophy Club.
M. Non-essential Water Use: Water uses that are neither essential nor
required for the protection of public, health, safety, and welfare, including:
Landscape Irrigation Use, including parks, athletic fields, and golf courses,
except otherwise provided under this Plan;
2 Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane
or other vehicle;
3 Use of water to wash down any sidewalks, walkways, driveways, parking
lots, tennis courts, or other hard-surfaced areas;
4 Use of water to 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 Use of water to fill, refill, or add to any indoor or outdoor swimming pools
or Jacuzzi-type pools;
7 Use of water in a fountain or pond for Aesthetic or Scenic Purposes
except where necessary to support aquatic life;
8 Failure to repair a controllable leak(s) within a reasonable period after
having been given notice directing the repair of such leak(s); and
9 .Use of water from hydrants for construction purposes or any other
purposes other than fire fighting.
N. Odd numbered address: Street addresses, box numbers, or rural postal
route numbers ending in 1, 3, 5, 7 or 9.
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o. Person: Any Person, entity, firm, partnership, association, corporation,
company, or organization of any kind using water supplied by TCMUD 1 and/or
the City of Fort Worth within the boundaries and extraterritorial jurisdiction of the
Town of Trophy Club. This term includes both residential and commercial
Customers.
P. Town: The Town of Trophy Club, Texas.
Q. Town Council: The Town Council of the Town of Trophy Club, Texas.
R. Water: Water taken from any public water supply or distribution system
within the boundaries of the District, potable or non-potable, and means either
raw or potable water.
9.04 Notification.
Notification that Stage 1, 2, or 3 Drought conditions exist shall be provided to the
public by means of anyone (1) or more of the following actions and shall
specifically identify the Drought Response Stage in effect:
a. Publication in newspaper of general circulation;
b. Public Service announcements (cable channel and/or website,
marquees, list-serve); or
c. Signs posted in public places.
9.05 Stage 1 Drought Conditions -Prohibited Conduct and Exceptions.
A. Stage 1 Drought Conditions -Prohibited Conduct. Upon
declaration that Stage 1 Drought conditions are in effect, mandatory
restrictions to prohibit Non-essential Water Use shall become effective. It
shall be unlawful for a Person to engage in anyone or more of the acts
listed below. No Person shall:
1. Cause or allow the hosing of paved areas, such as sidewalks,
driveways, parking lots, tennis courts, patios, or other impervious surfaces,
except to alleviate an immediate health or safety hazard;
2. Cause or allow the hosing of buildings or other structures for
purposes other than fire protection or surface preparation prior to painting;
3. Use Water in such a manner as to allow runoff or other waste,
including:
a. Failure to repair a controllable leak, including a broken
sprinkler head, a leaking valve, leaking or broken pipes, or a leaking
faucet within twenty-four (24) hours after the leak occurred; or
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b. Operating a permanently installed irrigation system with: (i) a
broken head; (ii) a head that is out of adjustment and the arc of the spray
head is over a street or parking lot; or (iii) a head that is misting because
of high water pressure; or
c. During irrigation, allowing Water to: (i) run off a property and
form a stream of Water in a street for a distance of fifty feet (50') or
greater; or (ii) pond in a street or parking lot to a depth greater than one-
quarter of an inch;
4. Cause or allow outdoor watering with sprinklers or irrigation
systems between the hours of 10 a.m. and 6 p.m., daily;
5. Cause or allow landscape watering with sprinklers or irrigation
systems at any service address more than two (2) times per week and/or on a
day other than that specified for such service address in the schedule provided
below:
a. Residential addresses ending in an even number (0, 2, 4, 6,
or 8) may water on Wednesdays and Saturdays.
b. Residential addresses ending in an odd number (1,3,5,7 or
9) may water on Thursdays and Sundays.
c. All non-residential locations (apartment complexes,
businesses, industries, parks, medians, etc.) may water on Tuesdays and
Fridays.
This prohibition applies to landscape watering of parks, golf courses, and
sports fields. Notwithstanding the foregoing, Commercial Customers are
excepted as specifically set forth below.
B. Exceptions. The following activities shall be allowed as exceptions to
Section 9.05(A} as expressly provided below:
1. Foundations may be watered up to two hours on any day using a
handheld hose, soaker hose or drip irrigation system placed within 24-inches of
the foundation that does not produce a spray of Water above the ground.
2. Newly installed shrubs (first year) and trees (two years) may be
watered up to two hours on any day by handheld hose, drip irrigation, a soaker
hose or tree bubbler. Tree watering is limited to an area not to exceed the drip
line of a tree. Upon demand, documentation of installation date shall be
provided.
Ordinance 2009-18
3. Outdoor watering at service addresses with large multi-station
irrigation systems may take place in accordance with the terms of a written
variance granted by the District Manager in accordance with the process
established by the Trophy Club Municipal Utility District No.1.
4. Establishing new turf is discouraged. If hydro mulch, grass sod, or
grass seed is installed for the purpose of establishing a new lawn, there are no
watering restrictions for the first 30 days while it is being established. After that,
the watering restrictions set forth in this stage apply. (This does not include
overseeding with rye since turf already exists.)
5. Golf courses may water greens and tee boxes without restrictions,
however watering shall only be allowed before 10 a.m. and after 6 p.m. daily.
Fairways are restricted to twice per week watering as outlined above (before 10
a.m. and after 6 p.m. daily). Golf course rough is restricted to once per week
watering.
6. Skinned areas of sports fields may be watered as needed for dust
control.
7. Professional sports fields (playing fields within a stadium only -not
surrounding landscaping) may be watered as needed to maintain league
standards.
8. Washing of any motor vehicle, motorbike, boat, trailer, airplane, or
other vehicle shall be limited to the use of a hand-held bucket or a hand-held
hose equipped with a positive-pressure shutoff nozzle for quick rinses. Vehicle
washing may be done at any time on the premises of a commercial car wash or
commercial service station. Companies with an automated on-site vehicle
washing facility may wash its vehicles at anytime. Further, such washing may be
exempt from these requirements if the health, safety, and welfare of the public
are contingent upon frequent vehicle cleansing, such as garbage trucks and
vehicles used to transport food and perishables.
9. A Commercial Customer may use a different watering schedule
than the one set forth above in this Section as long as such Customer limits each
service address to a twice per week schedule and use of such watering schedule
is approved in writing by the District Manager.
9.06 Stage 2 Drought Conditions -Prohibited Conduct and Exceptions.
A. Stage 2 Drought Conditions -Prohibited Conduct. Upon
declaration that Stage 1 Drought conditions are in effect, mandatory
restrictions to prohibit Non-essential Water Use shall become effective. It
shall be unlawful for a Person to engage in anyone or more of the acts
listed below. No Person shall:
Ordinance 2009-18
1. Cause or allow any actions in violation of the Stage 1 restrictions
specified in Section 9.05 above.
2. Cause or allow landscape watering with sprinklers or irrigation
systems more than one (1) time per week on the date specified by the District
Manager for the Trophy Club Municipal Utility District No.1 and adopted by the
Town via Ordinance duly enacted by the Town Council as required by law. This
prohibition includes landscape watering at parks, golf courses, and sports fields.
Notwithstanding the foregoing, Commercial Customers are excepted as set forth
below.
3. Cause or allow watering for dust control on skinned areas of sport
fields.
4. Cause or allow use of Water for dust control, except to protect
public health.
5. Cause or allow the operation of ornamental fountains or ponds that
use potable Water except where necessary to support aquatic life or where such
fountains or ponds are equipped with a recirculation system.
6. Cause or allow the filling of swimming pools with automatic valves.
7. Cause or allow the use of Water from fire hydrants for any purpose
other than firefighting related activities or other activities necessary to maintain
public health, safety and welfare, except as specifically provided below.
B. Exceptions. The following activities shall be allowed as exceptions to
Section 9.06(A) as expressly provided below:
1. Foundations may be watered up to two (2) hours on any day by
handheld hose; or using a soaker hose or drip irrigation system placed within 24-
inches of the foundation that does not produce a spray of Water above the
ground.
2. Newly installed shrubs (first year) and trees may be watered up to
two (2) hours on any day by handheld hose, drip irrigation, or a soaker hose.
Tree watering is limited to an area not to exceed the drip line of a tree. Upon
demand, documentation of installation date shall be provided.
3. Outdoor watering at service addresses with large multi-station
irrigation systems may take place in accordance with the terms of a written
variance granted by the District Manager in accordance with the process
established by the Trophy Club Municipal Utility District No.1.
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4. Golf courses may water greens and tee boxes as needed to keep
them alive, however watering shall only be allowed before 10 a.m. and after 6
p.m. Fairways are restricted to once per week watering as outlined above (before
10 a.m. and after 6 p.m.). Golf course rough shall not be watered and are not
excepted from the requirements of this Article.
5. Professional sports fields (playing fields within a stadium only (not
surrounding landscaping) may be watered as needed to maintain league
standards.
6. A Commercial Customer may use a different watering schedule
than the one set forth above in this Section as long as such Customer limits each
service address to a twice per week schedule and use of such watering schedule
is approved in writing by the District Manager.
7. It is an exception to the prohibition in 9.06(A)(7) above if a Person is
using the Water from a fire hydrant pursuant to a permit issued by the District
Manager specifying the use of designated hydrants.
8. If hydro mulch, grass sod, or grass seed is installed for the purpose of
establishing a new lawn, there are no watering restrictions for the first thirty (30)
days while it is being established. After that, the watering restrictions set forth in
this stage apply. (This exception does not include watering for over seeding with
rye since turf already exists.)
9.07 Stage 3 Drought Conditions -Prohibited Conduct and Exceptions.
A. Stage 3 Drought Conditions -Prohibited Conduct. Upon
declaration that Stage 3 Drought conditions are in effect, mandatory
restrictions to prohibit Non-essential Water Use shall become
effective. It shall be unlawful for a Person to engage in anyone or
more of the acts listed below. No Person shall:
1. Cause or allow any actions in violation of either the Stage 1 or
Stage 2 restrictions specified in Sections 9.05 or 9.06 above.
2. Cause or allow landscape watering, including at parks, golf
courses, and sports fields.
3. Cause or allow the establishment of new landscaping.
4. Cause or allow vehicle washing except as specifically provided
herein.
Ordinance 2009-18
5. Cause or allow the operation of ornamental fountains or ponds that
use potable Water except where necessary to support aquatic life.
6. Cause or allow the draining, filling, or refilling of new swimming
pools, wading pools and Jacuzzi type pools. Existing private and public pools
may add water to maintain pool levels; however they may not be refilled using
automatic fill valves.
B. Exceptions. The following activities shall be allowed as exceptions to
Section 9.07(A) as expressly provided below:
1. Foundations may be watered up to two (2) hours on any day by
handheld hose; or using a soaker hose or drip irrigation system placed within 24-
inches of the foundation that does not produce a spray of Water above the
ground.
2. Trees may be watered up to two (2) hours on any day by handheld
hose, drip irrigation, or a soaker hose. Tree watering is limited to an area not to
exceed the drip line of a tree.
3 Golf course greens only may be watered by hand-held hose as
needed to keep them alive, however watering must be done before 10 a.m. and
after 6 p.m.
4. Professional sports fields (playing fields with a stadium only -not
surrounding landscaping) may be watered as needed to maintain league
standards.
5. A Commercial car wash, a commercial service station or a private
on-site vehicle washing facility shall only be allowed to operate as necessary for
health, sanitation, or safety reasons, including but not limited to the washing of
garbage trucks and vehicles used to transport food and other perishables. All
other vehicle washing is prohibited.
c. Pool Permits. When Stage 3 Drought conditions are in effect, no permits
shall be issued for new swimming pools, Jacuzzi-type pools, spas, ornamental
ponds and fountain construction. Pools already permitted and under construction
may be completely filled with Water.
9.08 Termination of Restrictions.
Stage 1, Stage 2, or Stage 3 may be terminated upon notice by either the City of
Fort Worth or the Trophy Club Municipal Utility District No.1.
9.09. Enforcement. No Person shall intentionally, knowingly, or recklessly
violate any provision of this Article. A violation of this Article shall be a Class "C"
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Misdemeanor punishable upon conviction by a fine of not less than $1.00 and not
more than $2,000.00 for each violation and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
Criminal enforcement of the regulations contained herein shall be cumulative of
any and all civil remedies available at law or in equity."
SECTION 3.
SAVINGS
That all rights and remedies of the Town of Trophy Club are expressly
saved to any and all violations of the provisions of any Ordinance affecting Water
Conservation and Drought Contingency which have accrued at the time of the
effective date of this Ordinance; and, as to such accrued violations and all
pending litigation, both civil and criminal, whether pending in court or not, under
such Ordinances, same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
SECTION 4.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall
not repeal any of the provisions of such Ordinances except for those instances
where there are direct conflicts with the provisions of this Ordinance. Ordinances
or parts thereof in force at the time this Ordinance shall take effect and that are
inconsistent with this Ordinance are hereby repealed to the extent that they are
inconsistent with this Ordinance. Provided however, that any complaint, action,
claim or lawsuit which has been initiated or has arisen under or pursuant to such
Ordinance on the date of adoption of this Ordinance shall continue to be
governed by the provisions of that Ordinance and for that purpose the Ordinance
shall remain in full force and effect.
SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect
the validity of the remaining portions of this Ordinance, and the Town Council
hereby declares it would have passed such remaining portions of this Ordinance
despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 6.
Ordinance 2009-18
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to
publish the Caption, Penalty and Effective Date of this Ordinance as required by
Section 52.011 of the Texas Local Government Code.
SECTION 7.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance,
and any person violating or failing to comply with any provision of this Ordinance
shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two
Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed
upon each day during or on which a violation occurs or continues.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to
engross and enroll this Ordinance as required by the Town Charter and state
law.
SECTION 9.
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date
of passage, in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas, this 20 th day of July, 2009.
Mayor, Connie White
Town of Trophy Club, Texas
ATTEST:
Ordinance 2009-18
Lisa Hennek, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Ht.UL~Qda)vw)
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Ordinance 2009-18