ARTICLE II. WATER SYSTEM

DIVISION 1. GENERALLY

Sec. 22-31. Water for construction generally.

(a)　　　Authorization to use.　 Any individual, company, corporation or entity who wishes to obtain water from the city's fire hydrants must first obtain written authorization from the city manager or his designated representative.　

(b)　　　Limitations on use.　 Water obtained from the city's fire hydrants shall be for non-potable uses or where it is deemed impractical to make a permanent installation and shall be used within the corporate city limits of the city.　

(c)　　　Deposit.　 A deposit shall be required as shown in the city fees ordinance. This deposit will be refunded when the individual, company, corporation or entity has paid the final bill in full. Additionally, the individual, company, corporation or entity shall reimburse the city the total cost for any repairs and/or replacements due to damage to a fire hydrant or meter.　

(d)　　　Bulk water fee.　 A fee as shown in the city fee ordinance shall be charged.　

(e)　　　Location of hydrants.　 All water will be withdrawn only from the fire hydrant or fire hydrants designated by the city manager or his duly authorized representative.　

(f)　　　Measurement.　 All bulk water shall be metered by a fire hydrant meter issued by the city. A rental fee shall be charged daily for the use of the meter as shown in the city fees ordinance. All non-approved fire hydrant meters, which are found to be in use in the city will be confiscated and enforcement action taken against the responsible party.　

(g)　　　Variance.　 Exception to this provision is in case of urgent necessity in the interest of public health, welfare, or safety, and then only with permission from the city manager or his duly authorized representative.　

(h)　　　Potable water supply protection.　 It is the responsibility of any individual, company, corporation, or entity in the use of a fire hydrant to abide by the conditions of this section and the city cross-connection control and backflow prevention division.　

(i)　　　Penalty.　 Any individual, company, corporation or entity not complying with all the terms and provisions of this division shall be guilty of a misdemeanor and shall be fined not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00).　

(Ord. No. 86-11, §§ 1--5, 7-14-86; Ord. No. 99-20, 10-26-99; Ord. No. 2001-39, 1-8-02)

Secs. 22-33--22-37. Reserved.

Sec. 22-38. Turf management.

(a)　　　Types of turf grasses.　

(1)　　　The following turf grasses are the only grasses permitted to be planted within the city limits for all new residential and commercial development:

(i)　　　Turf grasses shall be limited to zoysia, buffalo or bermuda grasses or other grasses approved by the city manager or his designated representative.

(b)　　　Irrigation.　

(1)　　　All irrigation systems installed or refurbished shall include rain sensors.

(2)　　　The use of drip irrigation systems, where possible, and the design of all irrigation systems with water conservation features such as sprinkler heads which emit large drops of water rather than fine mist and sprinkler layouts that limit the impact of wind are encouraged.

(3)　　　Commercial establishments are encouraged to use drip irrigation for landscape watering, when practical.

(c)　　　Estate lots.　

(1)　　　Residential lots in excess of twelve thousand five hundred (12,500) square feet shall only landscape with irrigated turf listed in subsection (a), above, in the area within seventy-five (75) feet of the main residence.

(2)　　　Lots in excess of twelve thousand five hundred (12,500) square feet shall only irrigate the area that lies within seventy-five (75) feet of the main residence.

(3)　　　The geometry of the irrigation area that would be within the seventy-five-foot perimeter of the main residence may be adjusted to accommodate topography, easements, rights-of-way, and other factors that would preclude the practical use of the irrigation system. The adjusted irrigation area shall not exceed the total area that would have been provided by the seventy-five-foot perimeter around the main residence.

(d)　　　Replanting of damaged turf.　 Nothing in this section shall be taken to prevent restoration of a lawn damaged to the extent of not more than fifty (50) percent of the lawn area. Lawns damaged in excess of fifty (50) percent must be replanted with an acceptable turf as listed in subsection (a)(1) above.　

(e)　　　Penalty.　 Any person violating any provision of this section shall be fined not more than one thousand dollars ($1,000.00) for each offense.　

(Ord. No. 2004-20, 4-27-04)

Sec. 22-39. Native grasses.

(a)　　　Definitions.　

Clear area　 shall mean a five-foot strip of land adjacent to the property line that must be maintained at two to three (2--3) inches in height.　

Native landscaping　 shall mean the practice of cultivating plants which are indigenous to the region, which once established, require minimal mowing, fertilization or watering, if any.　

Noxious weeds.　 The following plant species are defined as noxious weeds. They are typically opportunistic/invasive weeds/grasses:　

TABLE INSET:

Texas Wildscapes.　 Program sponsored by the Texas Parks and Wildlife Department that promotes habitat restoration for rural and urban areas.　

(b)　　　Native landscaping.　 It shall be lawful to grow native and naturalized plants including ferns, wildflowers, grasses, forbs, shrubs and trees, provided the owner registers their intent to do so with the city.　

(c)　　　Clear spaces shall be maintained.　 Registered native landscapes shall maintain a clear area as provided for in this section.　

(d)　　　Noxious weeds.　 Noxious weeds are indicators of neglect and areas that contain these species shall be brought into conformance of section 14.3.2.b [sic], even if those properties are registered native landscapes, under the guidelines set forth in that instrumental code.　

(e)　　　Registration.　 Owners of property who wish to have a native landscape shall notify the City of Boerne Code Enforcement, in writing, of their intent to manage a native landscape.　

(f)　　　Penalty.　

(1)　　　Any person violating any provision of this section shall be fined not more than two hundred dollars ($200.00) for each offense. Each hour or portion thereof, in which any violation shall occur, shall constitute a separate offense.

(2)　　　Enforcement hereunder shall not require the pleading or proving of any culpable mental state.

(3)　　　All other ordinances or parts of ordinances in conflict herewith repealed to the extent that they are in conflict.

(4)　　　That if any of the provisions of this section shall be held void or unconstitutional, it is hereby provided that all other part of the same which are not held void or unconstitutional shall remain in full force and effect.

(Ord. No. 2004-21, 4-27-04)

Sec. 22-40. Year-round water conservation measures.

The city will utilize the following strategies to encourage, promote and require citizens to conserve and use water wisely at all times.

(a)　　　Education and information.　 The city will promote water conservation by informing water users of methods to save water inside residences and other buildings. Information will be disseminated by:　

(1)　　　Distributing a fact sheet to all new water customers explaining those provisions of this chapter relating to water conservation;

(2)　　　Publishing conservation education newspaper articles during peak seasonal demand periods; and

(3)　　　Publishing educational information and fact sheets on the city's website.

(b)　　　Plumbing code.　 The city has adopted and shall enforce the requirements of a plumbing code and those provisions of other applicable codes relating to the installation of water conserving plumbing devices to ensure the use of such devices in new construction.　

(c)　　　Metering.　 Water from the city water system shall be sold and delivered through its mains only to persons at whose premises water meters are installed in conformance with city regulations.　

(Ord. No. 2004-05, 2-24-04; Ord. No. 2004-23, 4-27-04)

Sec. 22-41. Prohibited uses of water.

(a)　　　Irrigation outside restricted hours.　 Landscape watering with hose-end sprinklers or automatic irrigation systems shall be prohibited between the hours of 10:00 a.m. and 8:00 p.m. on any day of the week, year-round.　

(b)　　　Defenses.　 It shall be a defense to prosecution under subsection 22-41(a), year-round water conservation measures, if:　

(1)　　　The person is irrigating a landscaped area by means of:

(i)　　　A hand-held hose with a manual or automatic shutoff nozzle operated by one (1) person;

(ii)　　　A bucket or watering can with a holding capacity of not greater than five (5) gallons; or

(iii)　　　A properly functioning drip irrigation system;

(2)　　　The landscape watering was performed by commercial enterprises in the business of growing or maintaining plants for sale, including plant nurseries; provided, however, that such landscape watering shall be performed solely for the establishment, growth, and maintenance of such plants;

(3)　　　A landscape watering permit has been issued pursuant to section 22-42 to allow for landscape watering on any newly planted or transplanted landscaping so as to accomplish a reasonable establishment and maintenance of growth; or

(4)　　　Operation of an automatic irrigation system was performed solely for the purpose of conducting maintenance and testing.

(c)　　　Water from hydrants and blow-offs.　 It is unlawful for a person to use water from hydrants and blow-offs, for any purpose other than firefighting, fire flow testing, flushing of mains, or other actions necessary for the proper operation of the public water supply system, unless provided for under section 22-32. Water for construction generally, Boerne City Code of Ordinances.　

(Ord. No. 2004-05, 2-24-04; Ord. No. 2004-23, 4-27-04)

Sec. 22-42. Permit for newly planted lawns and landscaping.

(a)　　　Newly planted lawns and landscaping shall not be watered at any time other than those hours and days allowed for all other landscaping by this chapter except by a permit issued by the city manager and/or his duly authorized representative.

(b)　　　Permit requirements and conditions:

(1)　　　A permit application shall be completed by the owner of the property to be served by the city water service.

(2)　　　A permit application shall be accompanied by written documentation indicating the planting date of the new lawn and/or landscaping.

(3)　　　The permit shall be valid for a thirty-day period from the date of issuance by the manager.

(4)　　　The permit shall allow additional watering outside the allowable hours and days of this chapter; however, landscape irrigation shall not be allowed between the hours 12:00 noon and 6:00 p.m. on any day of the week.

(5)　　　Upon the effective date of entering into stages 3 or 4, as defined by chapter 22, no new permits provided for in this subsection shall be issued.

(6)　　　A permit, once issued, shall remain in full force and effect until the earlier of its expiration date or the effective date of entering into stage 4, as is defined by this chapter.

(7)　　　Following the expiration of a permit or upon the effective date of entering into stage 4, it shall be unlawful to water new lawns and/or landscaping at any time other than those hours and days allowed for all other landscaping by chapter 22.

(c)　　　A permit fee as set out in the current fee schedule (available in the office of the city secretary) shall be collected prior to the issuance of the permit.

(Ord. No. 2004-05, 2-24-04; Ord. No. 2004-23, 4-27-04)

Sec. 22-43. Penalty.

(a)　　　Any person, corporation, association, customer or user of water of the water system of the city violating for the first time a provision of section 22-41. Prohibited uses of water, or section 22-42. Permit for newly planted lawns and landscaping, may receive a written warning.

(b)　　　Any person, corporation or association violating a provision of section 22-41. Prohibited uses of water, or section 22-42. Permit for newly planted lawns and landscaping, for a second time shall be issued a citation and upon conviction shall be fined not to exceed one thousand dollars ($1,000.00) for each day or fraction of a day during which this section has been violated. Each violation shall be deemed a separate offense and punishable as such.

(Ord. No. 2004-05, 2-24-04; Ord. No. 2004-23, 4-27-04)

Secs. 22-44--22-50. Reserved.