HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/16/2002 - EMERGENCY ORDINANCE NO. 112, 2002, PRESCRIBING T AGENDA ITEM SUMMARY ITEM NUMBER: 36
DATE: July 16, 2002
FORT COLLINS CITY COUNCIL STAFF: Mike Smith
Wendy Williams
SUBJECT:
Emergency Ordinance No. 112, 2002, Prescribing Temporary Restrictions on the Use of City
Treated Water for Lawn Watering.
RECOMMENDATION:
Staff and the Water Board recommend adoption of the Emergency Ordinance.
FINANCIAL IMPACT:
Cost of public outreach, enforcement, and potential impact on Water Fund revenues.
EXECUTIVE SUMMARY:
Current projections for water supply from the Poudre River and the Colorado-Big Thompson
(CBT) for this and coming years indicate that supply may not be sufficient to meet unrestricted
demand.
BACKGROUND:
The City recently learned from the Northern Colorado Water Conservancy District (NCWCD)
that the supply of CBT water for next year will be less than projected. This reduction could have
a significant impact on the City's water supply. In the worst case, the City may have only
enough water to meet 60-70 percent of the demand in 2003.
Prior to receiving the information from the NCWCD, the City had focused on a public
information campaign to encourage voluntary restrictions. While the community has been
responding, revised supply projections for next year make it prudent to implement mandatory
restrictions this year.
On June 27, the Water Board reviewed the most recent water use data and projections and
recommended that the City Council adopt mandatory lawn watering restrictions to preserve City
DATE: July 16, 2002 2 I ITEM NUMBER: 36
water supplies during the ongoing drought. City Council reviewed the proposed restrictions at
its July 9 Study Session.
Lawn watering is defined as the use of City treated water to water any lawn, grass or turf areas.
The restrictions do not apply to watering flowers, flower beds, trees, shrubs, or vegetable
gardens. As recommended, no lawn watering would be permitted on any day between the hours
of 10:00 a.m. and 6:00 p.m. All customers, both households and businesses, would be limited to
lawn watering two days per week, based on the street address for the premise as shown on the
water bill.
Properties that irrigate with well or raw water are exempt from the restrictions. Also exempt are
properties with newly planted grass. Public outreach will encourage delaying the application of
grass seed or sod until the Fall or Spring if at all possible. The City will issue permits for lawn
watering on a schedule or in a manner different from those set forth in the Ordinance, in the
event that an area watered with a City-treated water irrigation system is either:
• in excess of 9 acres in size and cannot be adequately watered by following the
two-day per week watering schedule set forth above due to sprinkler system
limitations; or
• configured or situated to include more than one street address or service address
that cannot be separately watered in accordance with the Ordinance.
• EMERGENCY ORDINANCE NO. 112,2002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
PRESCRIBING TEMPORARY RESTRICTIONS ON THE USE
OF CITY TREATED WATER FOR LAWN WATERING
WHEREAS,current projections for water supply and consumption for this and coming years
indicate that the quantity of water available for use as municipal treated, or potable, water in Fort
Collins may not be sufficient to meet unrestricted demand for the same; and
WHEREAS, Section 26-168 of the City Code authorizes the Council, in the event of a
drought or water shortage, to place restrictions on all uses of city water and even prohibit, if
necessary, all nondomestic uses of city water, upon a recommendation from the City Water Board;
and
WHEREAS, the City Water Board reviewed various options for proposed water use
restrictions at its regular meeting on June 27, 2002, and recommended that the Council order
restrictions as described herein in order to preserve municipal water supplies in view of the ongoing
drought and anticipated impacts of the drought on said water supplies this year and in future years;
and
WHEREAS, the Council has reviewed the proposed restrictions and, based on the current
• conditions and projections for future municipal water supplies in Fort Collins, has determined that
such restrictions are appropriate and necessary.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. The Council hereby adopts the following lawn watering restrictions:
A. For the purposes of this Ordinance,"lawn watering"shall be defined to mean
the use of treated or potable water obtained from the City to irrigate or water
any lawn, grass or turf areas, but shall not include:
i. irrigation or watering of flowers, flower beds, trees, shrubs,
or vegetable gardens;
ii. irrigation or watering of newly-planted grass,whether planted
by sod or seed, for the 4-week period after the initial planting
of said seed or for the 3-week period after installation of said
sod, provided that a sign stating the date of such planting or
installation has been posted in the watering location and is
visible from the street; or
iii. irrigation or watering of lawn, grass or turf areas with
• privately owned well water or raw water, provided that the
user of any such well or raw water for irrigation or watering
has posted a public notice of the same in the watering location
and that is visible from the street.
B. It shall be unlawful, and a violation of the terms and conditions upon which
the City shall provide treated water to its customers, for any customer to undertake or permit lawn
watering except in accordance with the following:
i. No lawn watering shall be permitted on any day between the hours of
10:00 a.m and 6:00 p.m. Consistent with existing Code Section 26-
167,lawn watering and other watering of any yard,grounds,premises
or vegetation shall not occur between the hours of 12:00 midnight and
4:00 a.m., except using a programmed automatic sprinkler system.
ii. No lawn watering shall be permitted on any Monday.
iii. Lawn watering shall be permitted on properties with specific street
addresses, based on service address as it appears on the applicable
water account, on the following schedule:
Street Address of Premises Lawn Watering Days
Ending with: (Midnight to Midnight)
0-2 Wednesday& Saturday
3-6 Thursday& Sunday
7-9 Tuesday& Friday
iv. Lawn watering shall be permitted on properties without specific street
addresses,such as medians,parkways, or any other property that has
no numeric address, on Tuesday and Friday (midnight to midnight).
C. City water customers may apply to the Utilities Deputy General Manager for
a permit for lawn watering on a schedule or in a manner different from those
set forth herein, in the event that an area watered with a City-treated water
irrigation system is either:
i. in excess of 9 acres in size and cannot be adequately watered by
following the two-day per week watering schedule set forth above due
to sprinkler system limitations; or
ii. configured or situated to include more than one street address or
service address that cannot be separately watered in accordance with
this Ordinance.
D. In the event that the Utilities Deputy General Manager determines that a
permit application meets the eligibility requirements set forth in Section I.C.,
then he or she shall issue a permit for lawn watering containing such terms
• and conditions and modifications of the restrictions set forth in Section 1.13,
that he or she determines, in his or her reasonable discretion, will allow the
minimum additional watering necessary to overcome the size or configuration
constraint as described in Section I.C. Any determination of the Utilities
Deputy General Manager hereunder shall be issued within five (5) business
days of the submission of a complete application,shall be provided in writing
to the applicant, and shall include an explanation of the basis for any
determination of denial.
E. A written determination by the Utilities Deputy General Manager under
Section I.D. may be appealed to Utilities General Manager, provided that
notice of any such appeal shall be filed in writing within five (5) days of
issuance of the same and shall include an explanation of the basis for the
appeal. The Utilities General Manager may conduct such investigations as
he or she determines appropriate or necessary to determine whether the
decision appealed was arbitrary or capricious or otherwise inconsistent with
the terms of this Ordinance,and shall issue a written explanation of his or her
decision on any appeal within ten (10)days of the submission of a sufficient
notice of appeal.
Section 2. Use of City treated water in violation of this Ordinance or in violation of a
permit issued hereunder shall constitute a violation of City Code Section 26-51, which authorizes
• the discontinuation of water service in the event of use of water for purposes not authorized.
Section 3. Violation of the terms of this Ordinance in the city or violation of the terms
of a permit issued hereunder shall be deemed to constitute a violation of the City Code pursuant to
City Code Section 1-15, and shall be punishable as follows:
i. A written warning shall be issued for a first violation, unless such
violation is determined to be a knowing violation.
ii. Second and subsequent violations of any provision of this Ordinance
or permit issued hereunder shall be punishable by a minimum fine of
fifty dollars ($50) per violation up to a maximum fine of one
thousand dollars ($1,000) per violation.
iii. Each day during which a violation of any provision this Ordinance or
permit issued hereunder occurs or continues shall constitute a
separate misdemeanor offense under this Ordinance.
Section 4. The immediate adoption of this Ordinance is necessary to preserve, protect
and advance the general welfare of the residents of the City of Fort Collins by preventing the
unrestricted use of City potable water from depleting available municipal water supplies such that
• current and future domestic use of said water maybe jeopardized,and the Council hereby determines
that an emergency exists requiring the immediate passage of this Ordinance.
Section 5. For the foregoing reasons,this Ordinance is enacted pursuant to Section 8 of
Article H of the Charter of the City of Fort Collins as an emergency ordinance, and, pursuant to
Section 26-168 of the City Code,this Ordinance shall be immediately effective upon publication in
the Fort Collins Coloradoan and shall continue in full force and effect thereafter until the Council
finds that the need for such restrictions has ended.
Section 6. The City Clerk is hereby directed to cause the publication of this Ordinance
in the Fort Collins Coloradoan no later than July 21, 2002.
Introduced, considered favorably by five (5) members of the Council of the City of Fort
Collins and finally passed as an emergency ordinance and ordered published this 16th day of July,
A.D. 2002.
Mayor
ATTEST:
City Clerk