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HomeMy WebLinkAboutOrdinances - MC-14-1088 - 03/17/2014 - Sprinkling lawns ORDINANCE NO. MC-14-1088 An Ordinance Amending City of McHenry Municipal Code Section 26-7 "Temporary prohibition against use of water for sprinkling lawns". WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY,AS FOLLOWS: SECTION 1: That Section 26-7 Temporary prohibition against use of water for lawn sprinkling of the Municipal Code is hereby amended by deleting it in its entirety and replacing it with the attached Exhibit A. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect after its passage and publication in pamphlet form as provided by law. PASSED THIS 17th DAY OF MARCH, 2014 AYES: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon NAYS: None ABSTAINED: None ABSENT: None NOT VOTING: None APPROVED THIS 17th DAY OF MARCH, 2014 AYOR ATTEST: C , CITXj K Exhibit A MUNICIPAL CODE Section 26-7 Water Conservation Ordinance Outdoor limitation on the use of water A. Purpose: Based on research from the Illinois State Water Survey,the Chicago Metropolitan Agency for Planning, local counties and other organizations, City of McHenry recognizes that potable water is a finite natural resource;that communities within the Northwest Water Planning Alliance rely on shared groundwater and river water sources; and,that water conservation is a necessary component of a sustainable water supply. B. Definitions:The following words and phrases when used in this section shall,for the purposes of this section, have the following meanings: CITY : City of McHenry DRIP IRRIGATION SYSTEM:An IRRIGATION SYSTEM that saves water by allowing water to drip slowly to the roots of plants,either onto the soil surface or directly onto the root zone. Such systems include but are not limited to soaker hoses. HANDHELD WATERING DEVICE:A means of watering that requires the watering device to be held in order to operate, including watering cans, buckets, and hoses equipped with automatic shutoff valves.This also includes the handheld use of a hose, provided it is continuously attended. HARVESTED RAINWATER:Water that is accumulated and stored during times of precipitation,such as through rain barrels and cistern systems, is prevented from entering the stormwater treatment system, and is redirected for reuse onsite. IRRIGATION SYSTEM:A system consisting of pipes,valves and sprayers connected to the potable water supply to manually or automatically irrigate lawns or landscaping. LANDSCAPE:The area of the property planted with vegetation other than grass. LAWN:The area of the property planted with grass. LAWN SPRINKLER:A device attached to a hose designed to allow for the unattended watering of lawns or landscaping, but does not include a drip irrigation system. LAWN WATERING: Any means or methods of applying water to a lawn. NORTHWEST WATER PLANNING ALLIANCE (NWPA):An interjurisdictional alliance of five counties,five councils of government,and roughly 80 municipalities that collaborate and cooperate on regional water resource planning issues, particularly concerning shared groundwater aquifer resources. PERSON: Any individual,firm, partnership, association,corporation, company, organization or entity of any kind. RECLAIMED GREYWATER:Water that is produced by treating onsite wastewater generated by household activities,such as laundry,dishwashing, and bathing, is prevented from entering the municipal wastewater treatment system,and is redirected for reuse onsite. RECYCLED EFFLUENT:Water that was formerly municipal wastewater and has been treated to remove solids and impurities for reuse for non-potable purposes. C. Application Of Regulations: 1. The provisions of this section shall apply to any person using water within the City of McHenry and: a.the property is supplied by the City of McHenry's water system, regardless of whether: L the property is located within the municipal boundaries of the City of McHenry or ii. the person using the water has a contract for service with the City of McHenry 2. The provisions of subsection (D)of this section shall apply year-round, subject to any modifications thereof, including application of these or other regulations during this or any other time, by an emergency proclamation. D. Permitted Hours And Days For Specified Uses: 1. All persons using water shall adhere to the following schedules for lawn sprinkling also known as Condition "Green": a. All properties with even numbered street addresses(i.e., numbers ending in 0, 2,4, 6 or 8) may use water for lawn sprinkling only on even numbered calendar dates. b. All properties with odd numbered street addresses(i.e., numbers ending in 1, 3, 51 7 or 9) may use water for lawn sprinkling only on odd numbered calendar dates. c.All properties which cannot be readily identified as having even-or odd- numbered street addresses are hereby designated as even-numbered for water conservation purposes. d.No property will be allowed to use water for lawn sprinkling on July 31 and August 31 of the calendar year. 2. All persons using water shall adhere to the following schedules for outdoor water use also known as Condition "Yellow": a.All properties with even numbered street addresses(i.e., numbers ending in 0, 2,4, 6 or 8) may use outdoor water only on even numbered calendar dates between the hours of six o'clock(6:00)A.M. and nine o'clock(9:00)A.M., or six o'clock(6:00) P.M. and nine o'clock(9:00) P.M. b.All properties with odd numbered street addresses(i.e., numbers ending in 1, 3, 5, 7 or 9) may use outdoor water only on odd numbered calendar dates between the hours of six o'clock(6:00)A.M. and nine o'clock(9:00)A.M., or six o'clock(6:00) P.M. and nine o'clock(9:00) P.M. c.All properties which cannot be readily identified as having even-or odd- numbered street addresses are hereby designated as even-numbered for water conservation purposes. d.No property will be allowed to use water for outdoor water use on July 31 and August 31 of the calendar year. 3. All persons using water shall adhere to the following schedules for outdoor water use also known as Condition "Red": a.All outdoor use from the City's water supply is prohibited. 4. There shall be no restrictions as to hours or days when water may be used for any of the following: a.Lawn watering where such watering is done using reclaimed greywater, recycled effluent,or harvested rainwater. 5. There shall be no restrictions under the Condition "Green" as to hours or days when outdoor water use may be used for any of the following: a.The watering of landscape,such as trees,shrubs,flowers and gardens,with a handheld hose not larger than one-inch diameter or by means of an automatic root feed or drip irrigation system; b.Lawn watering where such watering is done with the proper, attended use of a handheld watering device; c.Vehicle or equipment washing, provided that all water hoses are equipped with positive shutoff nozzles; or d.Any other lawful use of water such as bathing, clothes washing,or other normal household uses not otherwise specifically restricted by the provisions of this section. E. Waste of Water Prohibited: No person shall allow a continuous stream of water to run off into any gutter, ditch,drain,or street inlet, nor shall a person spray or sprinkle streets or sidewalks. F. Exceptions:The provisions of this section shall not apply to any commercial or industrial entity for which the use of water is necessary to continue normal business operations,or to maintain stock or inventory.This exception shall not apply to any uses of water not essential to normal business operations or maintenance of inventory or stock,and specifically shall not apply to lawn watering. G. Emergency Proclamation: Whenever the water supply is diminished from any cause, including, but not limited to, prolonged dry period or drought, increased water demand, equipment failure, or water quality concerns,to an amount which in the opinion of the Director of Public Works is or is likely to become dangerous to the health and safety of the public,the City Administrator is hereby authorized and empowered to issue an emergency proclamation specifying different or additional regulations on the use of water. 1. In the case of regional dry periods or drought,the City Administrator shall take into account the recommendations of the regional water supply planning group,the Northwest Water Planning Alliance (NWPA),on making the decision to issue an emergency proclamation. H. Authority:The authority to prohibit and further regulate the sprinkling of lawns,shrubbery and gardens shall be expressly reserved and may be amended from time to time,as necessary, by the Mayor and City Council. I. Violation And Penalty: 1. Any person,firm or corporation who violates, disobeys, neglects, and fails to comply with or resists enforcement of any section of Article 26-7 of the City Code shall be subject to a fine not less than$50. 2. Each day a violation occurs or continues shall be considered a separate violation for purposes of this section. 3. In addition to penalties provided herein,the city may recover reasonable attorney fees, court costs, court reporter fees and other expenses of litigation. J. Signs:The City of McHenry shall cause signs to be posted in conspicuous public places at entrances to the city,as well as posting information on the city website, advising residents of the watering conditions then in effect.