Ordinance No. 01-15 CITY OF TIGARD, OREGON
ORDINANCE NO. 01-.t5.
AN ORDINANCE AMENDING SECTION 12.10.180 AND ADDING NEW SECTIONS
12.10.300, 12.10.310, 12.10.320,12.10.330 AND 12.10.340 OF THE TIGARD
MUNICPAL CODE
WHEREAS, the public interest is served by the City's ability to limit water usage during
an emergency; and
WHEREAS, amendments to the Municipal Code would clarify the process to be used to
curtail water usage when water shortages occur or are anticipated;
NOW, THEREFORE,the City of Tigard ordains as follows:
SECTION 1: Section 12.10.180 of the Tigard Municipal Code is amended to read as
follows:
Limitation on the Use of Water
(a) Limitation on the use of water as to hours, purpose, or manner may be
prescribed from time to time by order of the Public Works Director,
based on a finding that the limitation is reasonable given the available
and projected water supply and demand. Any order under this section
shall be reviewed by the City Council at its next session following
issuance of the order. 'The City Council may affirm, withdraw or
amend the order.
(b) The Public Works Director, the City Manager, or the City Council may
call for voluntary reductions in water use, including but not limited to
voluntary rotational watering plans.
SECTION 2: A new Sedlion 12.10.300 is added to the Tigard Municipal Code to read
as follows:
Findings and Declaration of a Water Emergency.
Upon a finding that the municipal water supply system is incapable of
providing an adequate water supply for normal usage due to a drought,
system failure,or any other event,the City Council may declare a water
emergency and require that water usage must be curtailed. The
declaration shall include the effective date,the reason for the declaration,
ORDINANCE No.01
Page 1
and the level of prohibition declared. The City Council may include an
estimated time for review or revocation of the declaration.
SECTION 3: A new Section 12.10.310 is added to the Tigard Municipal Code to read as
follows:
Levels of Prohibition.
(1) Level I —Limited. The following activities or actions are prohibited
under a Level 1 declaration:
(a)Watering, sprinkling or irrigating lawn, grass or turf; exceptions:
(i) New lawn, grass or turf that has been seeded or
sodded 90 days prior to declaration of a water
shortage may be watered as necessary until
established;
(ii) High-use athletic fields that are used for organized
play.
(iii) If the Level 1 declaration so provides,a mandatory
rotational watering plan may be imposed rather than
an absolute prohibition on watering.
(b)Watering, sprinkling or irrigating flowers, plants, shrubbery,
ground cover,crops,vegetation,or trees except from 6:00 p.m.
to 10:00 a.m.
(c) Washing,wetting down or sweeping with water, sidewalks
walkways, driveways, parking lots,open ground or other hard
surfaced areas; exceptions:
(i) Where there is a dernenstratable need in order to
meet public health and safety requirements, such as:
to alleviate immediate fire or sanitation hazards;for
dust control to meet air quality requirements
mandated by the Oregon Department of
Environmental Quality;
(ii) Power washing of buildings, roofs and homes prior to
painting, repair, remodeling or reconstruction, and not
solely for aesthetic purposes.
(d)Washing trucks, cars,trailers,tractors and other land vehicles or
boats or other water:bonne vehicles, except by commercial
establishments or fleet washing facilities which recycle or reuse
the water in their washing processes,or by bucket and hose
with a shut-off mechanism; exception:
(i) Where the health, safety and welfare of the public is
contingent upon frequent vehicle cleaning, such as:to
clean garbage trucks and vehicles that transport food
and other perishables,or otherwise required bylaw.
Owners/operators of these vehicles are encouraged
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to utilize establishments that recycle or reuse the
water in their washing process.
(e)Cleaning,filling or maintaining decorative water features, natural
or manmade, including but not limited to, fountains, lakes,
ponds and streams, unless the water is recirculated through the
decorative water feature. Water features that do not include
continuous or constant inflowing water are not included.
(r7 Wasting water by leaving unattended hoses running.
(g)Water line testing and flushing in connection with construction
projects; exception:
(i)Testing and flushing of critical water facilities
(h)Other actions that the City Council determines should be
restricted, consistent with a Level I situation, including any
restriction or curtailment imposed on the city by water suppliers
or applicable law, regulation or order.
(2) Level II —Moderate.The following activities or actions are prohibited
under a Level II declaration.
(a)Actions and activities prohibited in a Level I situation.
(b)Watering of any lawn, grass or turf, regardless of age or usage.
(c) Watering, sprinkling, or irrigating flowers, plants, shrubbery,
groundcover, crops,vegetation or trees.
(d)Washing of vehicles other than in establishments that recycle.
(e) Power washing of buildings,regardless of purpose, is
prohibited.
(f) Any additional actions that the City Council determines should
be restricted consistent with a Level II situation.
(3)Level III Severe. In addition to the restrictions imposed under Level l
and Level Il,the City Council may impose any other restriction on
water use or activities that may require the need for water supplies,
consistent with the City water supply contracts. Activities that may
require the need for water supplies include fireworks displays and
other events that create a risk of fire. In imposing a Level III restriction,
the City Council shall consider any restriction recommended by the
Public Works Director or by any Fire District serving the City.
SECTION 4: A new Section 12.10.320 is added to the Tigard Municipal Code to read as
follows:
Enforcement.
(1) Warning. The City shall send a letter of warning for each violation of a
curtailment restriction if no previous letter of warning has been sent to
the person responsible for the violation. The letter of warning shall
specify the violation,may require compliance measures, and shall be
served upon the person responsible for the violation. Service may be
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in person, by office or substitute service, or by certified or registered
mail, return receipt requested.
(2) Civil Infraction. After the person responsible for the violation has
received a warning letter, any subsequent violation shall be treated as
a civil infraction under Chapter 1.16.
SECTION 5: A new Section 12.10.330 is added to the Tigard Municipal Code and reads
as follows:
Penalties.
(1) First Violation—Warning letter.
(2) Second Violation of the same type—Class 3 infraction $50
(3) Third Violation of the same type-Class 2 infraction $100
(4) Fourth and subsequent violations of the same type—Class 1 infraction
$250.
SECTION 6: A new Section 12.10.340 is added to the Tigard Municipal Code to read as
follows:
Water Shut-Off.
After the third violation of a curtailment restriction,the Public Works
Director may order that the water service to the location where the
violation has occurred shall be shut-off or reduced. A shut-off notice shall
be posted on the property at least 48 hours prior to the scheduled shut-off
or reduction. The shut-off notice shall specify the reasons for the shut-off
or reduction. Any person wishing to avoid a shut-off must provide the
Public Works Director with evidence that the shut-off will create a health or
safety risk. All shut-offs imposed under this section shall be temporary,
not to exceed thirty(30)days, provided the applicable charges are paid
prior to reconnection. The reconnection charge and, if applicable,the
meter disconnection charge imposed under Section 12.03.030 shall be
paid before the reconnection.
SECTION 7: A new Section 12.10.350 is added to the Tigard Municipal Code to read
as follows:
Definition
As used in Sections 12.10.180 through 12.10.350:
"Rotational watering plan" means a plan for watering lawns and/or
gardens on specific days or at specific times and not on other days or
times. A rotational watering plan may be voluntary or mandatory.
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SECTION 8: This ordinance shall be effective 30 days after its passage by the Council,
signature by the Mayor, and posting by the City recorder.
PASSED: By UnCtnMAW S votes of all Council members present after
being read by number and title only,this 4154 day of P&ft 2001.
04�Ak W
Catherine Wheatley, City Re'dorder
APPROVED: By Tigard City Council this t? day of UC,&hjj, 2001.
James Grir ur, ryf 'Ar
Uv
Approved as to form:
City Attorney
lo ( I � o �
Date
GAmunlTigarcMaterord 051501
ORDINANCE No.01-
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