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ORDINANCE NO AN ORDINANCE
066
2179
AMENDING LAS
CHAPTER
28
ARTICLE VII KNOWN AS THE WATER CONSERVATION ORDINANCE TO PROVIDE FOR A LONG RANGE WATER CONSERVATION PLAN TO REVISE THE PENALTY SECTION TO DELETE SPECIFIC WAIVERS FOR FRANCHISED WATER UTILITY COMPANIES The AND TO MAKE MINOR WORD CHANGES
Las Cruces is informed that
codified
as
LCMC
and
WHEREAS the in
City Council
Resolution No 04 008
on
2003 and
and Water
WHEREAS
approval
to the
of the
Drought
Emergency Response
Plan
required amendments
were
City s
Said amendments
codified
as
LCMC
SS
28 307
through
28 309
and
presenting
resolution
plan and
water conservation
plan and
Conservation
penalty
section
companies
NOW
changes
Article VII is
hereby amended
to
read
as
which is in
legislative format
and deletions
THAT
City staff
is
hereby authorized
implement
on
this
ATTEST
SEAl
Mayor
Moved
Mattiace
aye
aye
by by
Connor
Seconded
Archuleta
Trowbridge
APPROVED AS TO FORM
A5
Sec 28 301
Title purpose
as
This article
shall both require and encourage all users of water within the city limits and all users of city provided water outside of the City limits to reduce water consumption and waste Sec 28 302
Applicability
The restrictions contained in this article shall
apply
to
provided
franchised
water
and
to
all
users
provided by
Se I users
water
all
of
by
the
city
however
wasting
restrictions
contained
in
subsection 28 304 b 1 b 28
shall
apply to all
within the
city
limits
The outdoor
District
Irrigation companies
water
vegetation watering restrictions in section 28 303 and section apply to users of irrigation water provided by Elephant Butte The outdoor vegetation watering restrictions in section 28 303 and
domestic
or
water
level II
level III
emergency
provided
in section 28
309
Sec 28 303
watering
on
restrictions
vegetation
and ii
on
the
be
street shall be Thursdays and Saturdays watered only on Wednesdays Fridays and Sundays For corner buildings or properties having both odd and even numbers the number shown on the city s or the franchised water companies utility records shall control
b variance
Outdoor
vegetation shall
not
be watered
on
Mondays without
written
tB1 19
From
April
to
September
a m
30
all outdoor
m
watering of vegetation
is
prohibited
c
and 6 00 p
vTater
utility
a
company franchised
by
city
following
that
granted by the utilities division if it determines restrictions will negatively impact the compa ny s water EXHIBIT
A I
system operations
company
s
The
rene
val of any
to
on
the
the city
residential
water
use
Each waiver
request
must
be
accompanied by monthly
water use
The utilities division may additional information to justify the waiver request
past year
aiver the
file
written
appeal
a
city
days
ater
days by
of receipt the
rev
city
in
declared
Tater
emergency
Sec 28 304
Miscellaneous The
with
a
water
use
restrictions
Water
wasting
restrictions
washing quick
shall be
done
only
or
handheld bucket
rinses
at
handheld hose
with
to
the
functioning washing of
five
equipment
commercial carwash
bucket
means a
container
holding
gallons
following
uses
of
water
are
defined
as
wasting
water
and
are
flow
onto
adjacent property
or onto
any
street
alley
or
other
Watering
outdoor
vegetation excessively
so
that
water
ponds
on
Failing
to
repair
water
working days
of the
tennis courts
to
remove
and other
hose
in
means
Section 28 305
shall be
guilty
petty
lQ I as follows based
on
the
type of property
and
on
Type of property
Residential
1st conviction
2nd conviction
3rd and
subsequent convictions
50 00
100 00
250 00
property
Non residential
100 00
250 00
500 00
Property
b For purposes of this article
owners
property
utility age of eighteen years residing at or occupying the property or or general agent of the property owner or of the business located
water
the
person who can be cited may be one of the customer of record for the property a tenant or any
a an on
Persons cited
or
pursuant to
an or
lack of conduct of
this article may still be held liable regardless of individual or business performing or responsible
performing landscaping
yard maintenance services on the property or regardless of an automated water sprinkler or delivery system on the property
With
134
violation continues
that
are
continuous in time
each
day the
eg
other relief
equitable
imposition of
criminal
penalty does
not
Sec 28 306
Exceptions
to enforcement
exceptions from compliance with this article concerning outdoor vegetation watering restrictions and miscellaneous water use water wasting restrictions
The
following
shall constitute
1 the
user
result of natural
events
such
as
rain
or snow
unless
watering
The
at the
same
time
water flow is
result of
temporary malfunctions of
or
vandalism
to
the
municipal
water
supply system
is
result
of water
used
for
firefighting
or
pressure
the
use
of
soil
as
may
5
The
of
water is
or
the
compaction of
The
water is
used
to
wash down
a
areas
where flammable
or
otherwise
spilled creating
used
to
are
dangerous condition
or
The
water is
prevent
abate
pubic
health
safety
or
accident
not available
inspection
or
maintenance of the
municipal
supply system
8
The
water is used to
public right
of way in
practices
use
permitted
under
written variance
granted by
the
city
utilities
department
legal department
be revoked in a declared
10
water
emergency for
street
The
water
is used
sweepmg
sewer
maintenance
or
other
established utility
11
practices
to the
Watering contrary
for one
an
odd
even
or
time of
day requirements
is
permitted
to
preserve
12
existing lawn
to
Watering contrary
for up to two weeks for
the odd
even
or
time of
day requirements
is
permitted
Sec 28 307
Water conservation
The
city
shall enact
water conservation
Sec 28 30
Drought
plan
or
city shall enact a drought and by separate city council resolution in order
or
The
welfare
to
supply
b
and
plan will
be
to
reduce
water
use
within the
a
city limits
water
within the
city
water
utility
service
area
in the event of
declared
emergency caused
c
by a drought or a temporary
water
emergency
The
1
for the
following
determining
the
severity
of the
water
emergency
3
water
emergency
measures
and
Sec 28
3082
a
Plan restrictions
or
prohibitions
a
After the
critical
or
level I mild
or
level II
severe
or
level
III
water
following
activities
water
uses
restricted
city
manager in
compliance
with the
drought
planting
new
or
sod
Further restrict
or
prohibit
vehicle
washing
those
and
safety
4
Require all hotels motels and bed and breakfast establishments to have only showerheads meeting maximum flow rates of 2 0 gallons per minute and faucet aerators meeting maximum flow rates of 2 2 gallons per minute
5 Prohibit
Reduce the
of or close
private
or
Require that
Impose further
restrictions in
landscape
water
use
in
proportion
to
the
severity
of the
9
drought
Restrict nursery and Restrict
water
use
10
use or
pesticide
and
herbicide
application by
commercial
enterprises
new
by
individuals
of trees and shrubs
11
Prohibit all
except for
b
with the
cacti
or
mesquite
city manager publicly declares a level I mild level II severe or water emergency the city council may do the following in compliance
water
drought and
1
emergency response
or
plan
2
customers
ers
to
private
water
v
utilities
for their
s
vdthin the
ith the
city
outdoor
vegetation vlatering
3
trees
restrictions variances
water
use
except for
subsistence
irrigation
of
and shrubs
4 Terminate water service if violation is not
or
utility
to
immediately
s
given
the
customer
posted
on
the customer
Impose
moratorium
on new
water connections
ARTICLE VII
WATER CONSERVATION
Sec 28 301
Title purpose
as
This article
shall both require and encourage all users of water within the city limits and all users of city provided water outside of the City limits to reduce water consumption and waste
Sec 28 302
Applicability
The restrictions contained in this article shall
apply
to
provided
franchised
water
and
to
all
users
of
water
provided by
city
limits
water
all
of
by
the
city
wasting
28 304 b 1
shall
apply
all
water
users
within the
vegetation watering restrictions in section 28 303 and section 28 309 shall not apply to users of irrigation water provided by Elephant Butte Irrigation District The outdoor vegetation watering restrictions in section 28 303 and section 28 309 shall not apply to users of water provided by mutual domestic water companies or from domestic wells except when the city declares a level II or level III water emergency
b The outdoor
as
provided
in section 28 309
Sec 28 303
Outdoor
restrictions
All outdoor
even
properties
on
located
on
the
shall be watered
For
only
Tuesdays
properties
Thursdays
watered
and
only
on
and
Sundays
corner on
buildings
city
s or
or
having
water
the
the franchised
companies utility
b Outdoor
vegetation shall
not
be watered
on
Mondays
without
written
variance
From
April
1 to
September
a m
30
all
outdoor
m
watering of vegetation
is
prohibited
Sec 28 304
and 6 00 p
wasting restrictions
of vehicles and other
or a
The
washing
types of
done
only
or
with
handheld bucket
handheld hose
apply
to
the
washing
of
commercial carwash
or
EXHIBIT
A t
bucket
means a
container
holding
five
gallons
of water
b
or
less
The
following
uses
of water
are
defined
as
wasting
water
and
are
prohibited
alley or
to flow onto
adjacent property
or
onto
any
street
so
that
water
ponds
on
site
Failing
to
repair
five
working days
of the
discovery of the leak driveways parking areas tennis courts patios and other impervious surfaces with a hose except in emergencies to remove spills of hazardous materials or to eliminate dangerous conditions which threaten the public health safety or welfare When used in this subsection the term impervious surface Washing
sidewalks
means
Section 28 305
authorized
shall be
type
a violation of any section of this article and shall be punished as follows based on the guilty of petty misdemeanor of property and on the number of prior convictions a
Any person
a
who is convicted of
Type of property
Residential
1st conviction
2nd conviction
100 00
3rd and
subsequent convictions
50 00
250 00
property
Non residential 100 00 250 00
500 00
Property
b
For purposes of this article a person who can be cited may be one of the owners the water utility customer of record for the property a tenant or any
an
property
at or occupying the property or person over the age of eighteen years residing officer manager or general agent of the property owner or of the business located the property to this
on
Persons cited
or
pursuant
the conduct
lack of conduct of
an
article may still be held liable regardless of individual or business performing or responsible
landscaping
an
yard maintenance services on the property or regardless automated water sprinkler or delivery system on the property
or
With
violation continues
that
are
continuous in time
each
day
the
other relief
equitable
imposition of
Sec 28 306
Exceptions
to enforcement
following shall constitute exceptions from compliance with this article concerning outdoor vegetation watering restrictions and water wastinKrestrictions
1 the
user
The
The
is
water
flow is
same
as
rain
or snow
unless
watering
The
at the
time
2 the
water
flow is
result of
temporary malfunctions of
or
vandalism
to
municipal
3 the
water
supply system
flow is
a
The
water
result of
water
used for
firefighting
or
purposes
water for
pressure
testing
of fire
hydrants
the
use
of
The
soil
as
may be
5
of
water is
or
the
compaction of
The
water is
used
to
wash down
a
areas
where flammable
or
otherwise
spilled creating
dangerous condition
or
prevent
abate
pubic
health
safety
or
accident
not available
7
water
inspection
or
maintenance of the
municipal
supply system
8
The
water is used to
public right
of way in
accordance with
9
The
of the water is
permitted
under
written variance
granted by
the
city
utilities
department
a
legal department
be revoked in
10
The
water
is used
sewer
maintenance
or
other
established
11
utility practices
Watering contrary
one
to
the odd
even
or
time of
day requirements
is
permitted for
to
day only
where
application
of chemicals
preserve
12
an
existing
lawn
to
Watering contrary
for up
to two weeks for
the odd
even or
time of
day requirements
is
permitted
newly planted
plan
outdoor
vegetation
Sec 28 307
Water conservation
The
city shall
enact
water conservation
resolution
Sec 28 308
Drought and
water
emergency response
water to
city shall enact a drought and plan by separate city council resolution in order or welfare or to preserve the water supply
a
The
protect
The purpose of the plan will be and within the city s water utility service b emergency caused
c
to reduce water
area
use
within the
a
city limits
water
in the event of
declared
by
drought
or a
temporary
water
emergency
The
1
Measurable criteria
for
determining
the
severity of the
water
emergency
3
Implementation authority
Response
measures
water
emergency
measures
Sec 28 309
Plan restrictions
or
prohibitions
a
After the
critical
or
level I mild
or
level II
severe
or
water
following
in
activities
water
uses
may be
compliance
with the
drought
and water
planting
new
or
sod
Further restrict
or
hydrant
for
public health
and
safety
4
Require all hotels motels and bed and breakfast establishments to have only showerheads meeting maximum flow rates of 2 0 gallons per minute and faucet aerators meeting maximum flow rates of 2 2 gallons per minute
5
Prohibit
Reduce the
of or close
private
or
8 the
landscape
water
use
in
proportion
to
severity
of the
drought
Restrict nursery and Restrict
water
plant
for
nursery
water
use
10
use
or
fertilization
pesticide
and
herbicide
application by
commercial
enterprises
new
by individuals
of trees and shrubs
11
Prohibit all
except
for
mesquite
city manager publicly declares a level I mild level II severe or level III critical water emergency the city council may do the following in compliance with the drought and water emergency response plan
1 Introduce refine
or
for water
Revoke variances
3
trees and
use
shrubs
4 Terminate water service if
utility
violation is
or
not
immediately
customer
s
given
to the customer
posted
on
the
premises
5
Impose
moratorium on
new
water connections
Adopted Date
TITLE AN ORDINANCE AMENDING LAS CRUCES MUNICIPAL CODE CHAPTER 28 ARTICLE VII KNOWN AS THE WATER CONSERVATION ORDINANCE TO PROVIDE FOR A LONG RANGE WATER CONSERVATION PLAN TO REVISE THE PENALTY SECTION UTILITY COMPANIES TO DELETE SPECIFIC WAIVERS FOR FRANCHISED WATER AND TO MAKE MINOR WORD CHANGES
BACKGROUND
City enacted the Water Conservation Ordinance which was codified The City approved a Drought and Water LCMC SS 28 301 through 28 307 Emergency Response Plan in City Council Resolution No 04 008 on July 7 2003 Approval of the Drought and Water Emergency Response Plan required Said amendments amendments to the City s Water Conservation Ordinance were codified as LCMC SS 28 307 through 28 309
as
In 1999 the
seeking approval of a long range water conservation March 21 2005 City Council Meeting It is necessary to further amend the Water Conservation Ordinance to provide for the long range water conservation plan It is also necessary to further amend the Water Conservation Ordinance to revise the penalty section to eliminate waivers for franchised water companies and to make minor word changes
Staff will be
resolution
The revisions to the penalty section of the ordinance have been reviewed by the City s Municipal Court prosecutors and by the Melissa Miller Byrnes Presiding
legislative format
to show the additions and deletions to the existing Municipal Code sections and Exhibit A 2 which is the final amended form
on
additional sheets as
re
Driggers
Department
Legal
on
behalf of Utilities
Signature
Phone
II Department
Budget
Assistant
Signature
Phone
541 2300
528
3511
541 2271
City Manager
541 2076
Page
of Expenditure
Budget Amount
N A
N A
NA
COUNCIL OPTIONS
1 2 3
as
drafted
as
appropriate
provide
direction to staff
Clly
AD FORM LAS CRUCES SUN
of LeU C
UClW
NEWSc
0 0
CLASSIFIED LEGAL AD DATE TO PUBLISH CITY CONTACT SHIRLEY CLARK 541 2118 3 13 05 PHONE
BILL To
CITY CLERK
POBox 20000 LAS CRUCES NM 88004
PROOF
OF
PUBLICATION REQUIRED
IT
BACK TO 541
FOLLOW UP TO EMAIL
Notice of Intent to
Adopt
The
City Council of The City of Las Cruces New Mexico Hereby Gives Notice of Its Intent to Adopt The Following Ordinances at The Regular City Council Meeting of Monday April 4 2005
1
Council Bill No
Las Cruces
05 066 Ordinance No
2179
An Ordinance
Amending
28 Article VII
Known
as
the Water
Conservation Ordinance to Provide for a Long Range Water Conservation Plan to Revise the Penalty Section to Delete Specific Waivers for Franchised Water
Changes
My
Inspection During Working Hours at the Office of the City City of Las Cruces on this the 10th day of
March 2005
Nollee of Intent 10 AcIopt The City Council of n City of Las Cruces Ne Mexico Hereby Giv Nolice of Its Intent J Adopt The Following 0 dinances at The Regul City Council
L
i
MC
Monday April
4 2005
Meeting
O
No
Amending
Municipal
Long
Range
Wale
h 6
Conservation Plan t Revise the Penalty Sa tion to Delete Specifj Waivers for Franchis Water Utility Companies and to Make Minor Won
Changes
Copies Are Available fa Inspection During Work ing Hours at llie OffiCI of the Clerk City Witness My Hand ane Seal of the City of La
Cruces on this the lOtt day of March 2005
s
City Clerk
Shirley Clark
MMC