ORDINANCE NO. C ______

An ordinance relating to outdoor summer watering restrictions; adopting a new section 13.04.1924 to chapter 13.04 of the Spokane Municipal Code; and amending SMC section 1.05.190.

WHEREAS, the Spokane Valley-Rathdrum Prairie (SVRP) aquifer in Spokane County, Washington, and Bonner and Kootenai Counties, Idaho is the sole source of drinking water for more than five hundred thousand residents in the area; and

WHEREAS, concerns regarding increased groundwater withdrawals, resulting from urban growth, have prompted a comprehensive study of the aquifer to better understand and manage this water resource; and the region is expected to grow to an estimate one and a half million residents over the next several decades; and

WHEREAS, the SVRP Aquifer Study by the U.S. Geological Survey (USGS), the Washington State Department of Ecology (DOE) and the Idaho Department of Water Resources (IDWR), have put forth data encouraging regional cities to conserve water consumption; and

WHEREAS, the City of Spokane and its residents desire to demonstrate responsible use of the region’s critical water resources and save water and energy for the future; and

WHEREAS, lawn and landscape irrigation during spring and summer days can cause over fifty percent of the water to evaporate and wind drift; and

WHEREAS, appropriate regulation of lawn and landscape irrigation will result in water conservation and is a reasonable measure that will not unduly interfere with the practices of Spokane residents; -- Now, Therefore,

The City of Spokane does ordain:

Section 1. That there is adopted a new section 13.04.1924 to chapter 13.04 to read as follows:

13.04.1924 Conservation Measures Relating to Lawn and Landscape Irrigation.

A. From May 1 through September 30 of any year, no person shall irrigate, water, or cause or permit the outdoor irrigation or watering of any premises, soils, lawn or landscape located on premises owned, leased, or managed by him from the hours of twelve p.m. to six p.m.

B. “Irrigation or watering” is defined as the act or process of watering or wetting any premises, soils, landscaping, grass, trees, plants, or other vegetation by causing water from the City’s water system to flow upon, over, through or into property with sprinklers, sprinkler hoses, soaker hose(s), drip irrigation systems, in-ground irrigation systems, or by similar means. Irrigation by hand with hand-held hose(s) of three quarters inch or less inside diameter equipped with an automatic shut-off mechanism or irrigation using a container of five gallons or less shall not be considered outdoor irrigation or watering for purposes of this section.

C. Exceptions:

The following uses of water shall not be regulated by this section:

1. Irrigation systems being operated temporarily for repair or maintenance purposes; including irrigation system interrupted by vandalism or power outages that disrupt normal programming of timers/controllers; or

2. Irrigation systems being operated for a period shorter than three weeks for the establishment of new plantings; or

3. Irrigation systems owned or operated by the City of Spokane Parks and Recreation Department until September 30, 2010 (to be extended only if absolutely necessary due to inefficient funding); or

4. Irrigation systems owned or operated by the City of Spokane Parks and Recreation Department for day-time irrigation or watering to recover a landscape from events held in City parks; or

5. Water required to be used for the control of dust or compaction of soil; or

6. Water used to prevent or abate public health, safety or accident hazards including, but not limited to, fire suppression, fire prevention, and sanitation when a reasonable alternative method is not available; or

7. Water used for inspection, maintenance, installation or repair of automatic sprinkling systems or of the City’s water system (including fire hydrants and training facilities); or

8. Water used by the City or its agents for street sweeping, construction, and maintenance, sewer maintenance, or other established utility and/or public works practices; or

9. Water used for purposes other than outdoor watering or outdoor irrigation in the normal and customary course of a business operation and water used by a commercial nursery for watering of nursery stock; or

10. Water use for agricultural purposes under an existing water right;

11. Where water used for outdoor irrigation is gray water (household wastewater other than from water closets or kitchen sinks), treated wastewater or effluent, reused water, or water from a source other than the City water system, such as collected rainwater; or

12. Water being used for children recreating in sprinklers.

D. Penalties.

1. Any person violating any provision of this section shall be guilty of a second class civil infraction.

2. Each day or part thereof in which an activity occurs which is prohibited by this section shall constitute a separate offense.

Section 2. That SMC section 1.05.190 is amended to read as follows:

1.05.190 Penalty Schedule – Utilities

A.  For each subsequent violation, excluding continuing violations, by a person the classification of infraction advances by one class.

B.  Infraction/Violation. Class.

Infraction / Violation
Class
Fail to Disclose Utility Account – SMC 4.02.160 / 3
SEWER CODE
Wastewater Discharge Not into Sewer System – SMC 13.03.0302 / 1
No Proper Connection to Public Sewer – SMC 13.03.0306 / 2
Failure to Furnish Adequate Disposal Means for Multiple Dwelling Unit – SMC 13.03.0310 / 2
Failure to Correct Inoperative System – SMC 13.03.0312 / 2
Unauthorized Disposal of Sewage – SMC 13.03.0318 / 1
Improper Use of Sewer – SMC 13.03.0320, SMC 13.03.0322, SMC 13.03.0324 / 1
Obstructing Sewer – SMC 13.03.0326 / 1
Violations of Sewer Code Pretreatment Requirements – chapter 13.03 SMC, Article IV / 1
Break, Destroy, Tamper with Structure, Appurtenance, Equipment – SMC 13.03.0328 / 1
SOLID WASTE CODE
Violate Order of Director – SMC 13.02.0206 / 1
Overweight, Overfull Container – SMC 13.02.0328 / 2
Recycling – Fail to File Location Disclosure Form or Annual Report – SMC 13.02.0204(C)(1) / 1
WATER CODE
Open, Close, Connect to Fire Hydrant, Stop Valve, Stopcock – SMC 13.04.130 / 1
Turn On Water – SMC 13.04.1506 / 3
Overweight, Overfull Container – SMC 13.02.0328 / 1
Illegal Watering – SMC 13.04.1924 / 2

PASSED BY THE CITY COUNCIL ON ______

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Council President

Attest: Approved as to form:

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City Clerk Assistant City Attorney

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Mayor Date

Bab071008

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