ORD CC 1980-21 - Specific Water Uses•
ORDINANCE NO. 80 -21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, PROHIBITING THE USE OF CITY WATER FOR CERTAIN OUTDOOR
USES EXCEPT ON MONDAY, WEDNESDAY AND FRIDAY FROM 6:00 A.M.
TO 9:00 A.M.; AUTHORIZING THE CITY TO TERMINATE WATER SERVICE
FOR VIOLATIONS; DEFINING CERTAIN USES OF WATER AS A PUBLIC
NUISANCE; PRESCRIBING A PENALTY OF $200 FOR THE VIOLATION;
DECLARING AN EMERGENCY; AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE HEREOF.
WHEREAS the City of Huntsville has experienced a period of prolonged
dry and hot weather; and
WHEREAS a major water well in the City water system has been in a
state of disrepair; and
WHEREAS water reserves in the City are at dangerously low levels;
and
WHEREAS it is imperative to the public well being that certain uses
of water be restricted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS that:
Section 1: It shall be unlawful for any person to use or withdraw
water from the City water supply system for any outdoor commercial, insti-
tutional or residential use except on Monday, Wednesday or Friday from
6:00 A.M. to 9:00 A.M.;
Section 2: Outdoor commercial, institutional or residential use shall
include, but not be limited to, the use of water for sprinkling, watering
or irrigating of flowers, lawns, plants, shrubbery, trees or vines, or for
commercial car washing.
Section 3: The Mayor, or in his absence Mayor Pro Tem, shall have the
authority to enforce the provisions of this ordinance by the discontinuance
of water service. The water service of any water user may be discontinued
for use of water in violation of the terms of this ordinance, provided,
however, that the user was given written notice that such use was improper.
Section 4: The use of water in violation of the terms of this ordinance
is hereby declared to be a public nuisance.
Section 5: This ordinance shall be in force and effect until amended
or repealed by the Mayor or Council of the City of Huntsville, Texas.
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Section 6: Any person who violates this ordinance shall be deemed
guilty of a misdemeanor, and, upon conviction, shall be punished by a fine
not to exceed Two Hundred and No /100 ($200.00) Dollars. Each day such
violation shall continue or be permitted shall be considered a separate
offense.
Section 7: All ordinances or parts of ordinances inconsistent with
the terms of this ordinance are hereby repealed; provided, however, that
such repeal shall be only to the extent of such inconsistency and in all
other respects this ordinance shall be cumulative of other ordinances regu-
lating and governing the subject matter covered by this ordinance.
Section 8: If any provision or part of this ordinance or the applica-
tion of same to any person or set of circumstances, shall for any reason
be held unconstitutional, void or invalid, such invalidity shall not affect
the validity of the remaining provisions of this ordinance or their applica-
tion to other persons or sets of circumstances and to the end all provisions
of this ordinance are declared to be severable.
Section 9: The fact that the water supply of the City is at a critically
low level and the further fact that adequate water levels must be maintained
for the health, safety, and welfare of the citizens of the City and all users
of the City water system, creates a public necessity and an emergency, and
this ordinance shall take effect immediately upon its publication.
PASSED AND APPROVED BY UNANIMOUS VOTE OF THE CITY COUNCIL OF THE CITY
OF HUNTSVILLE, TEXAS, ON THIS THE DAY OF , A.D. 1980.
ATTEST:
RUTH DE SHAW, City Secretary
APPROVED:
SCOTT BOUNDS, City Attorney
MORRIS I. WALLER, Mayor