Article 7. Permanent Spray Irrigation and Outdoor Water Use Restrictions
16.7.1. Definitions.
The following words and phrases, whenever used in this Chapter, shall be construed as defined in this section:
A. Customer means a person or persons, firm, corporation, or governmental unit furnished potable water by the City of Wichita’s water utility.
B. Customer premise means the metered location at which a retail customer is furnished potable water by the City of Wichita’s water utility.
C. Retail customer means the customer(s) of record on the water utility account at any given customer premise.
D. Variance means an exception from the restrictions in this Chapter, applied for and granted as approved by the City Manager or designee.
E. Water means potable water furnished through the distribution system of the City of Wichita’s water utility, and accordingly, does not include water drawn by customers from their own wells or water accumulated by customers from rainfall or natural storm runoff in rain barrels, cisterns, tanks, channels, basins, ponds or similar storage structures.
F. Watering means outdoor use of water for irrigation, including irrigation with container, hose, drip or spray irrigation mechanisms.
G. Watering by spray irrigation means a method of applying water through a network that may consist of pumps, valves, pipes, and sprinklers in a controlled manner so that it is distributed similar to rainfall.
(Ord. 747)
16.7.2. Restrictions on watering.
When no broader restrictions are in effect due to a drought emergency response, it shall nevertheless be unlawful for any customer to engage in or to permit another person to engage in watering at such customer’s customer premises between the hours of 10:00 a.m. and 6:00 p.m. on any day.
(Ord. 747)
16.7.3. Restrictions on watering by spray irrigation.
When no broader restrictions are in effect due to a drought emergency response, it shall nevertheless be unlawful for any customer to engage in or to permit another person to engage in watering by spray irrigation at such customer’s customer premises:
A. No Watering between the hours of 10:00 a.m. and 6:00 p.m. on any day;
B. No Watering on Mondays;
C. If the last numerical character in the address of the customer’s metered customer premises is an odd number: watering may only occur on Wednesday, Friday and Sunday (e.g., Wednesday watering before 10:00 a.m. or after 6:00 p.m.);
D. If the last numerical character in the address of the customer’s metered customer premises is an even number: watering may only occur on a Tuesday, Thursday, and Saturday (e.g., Tuesday watering before 10:00 a.m. or after 6:00 p.m.).
(Ord. 747)
16.7.4. Variances.
The City Manager or designee is hereby authorized and directed to establish criteria for granting variances from the restrictions in this chapter in cases where special circumstances attendant upon isolated and infrequent activity (such as seeding or sodding) may reasonably necessitate a limited period of daily watering by spray irrigation, when requested by retail customers. Provided, however, no such variances may be granted when drought emergency restrictions are in effect.
(Ord. 747)
16.7.5. Violations and penalties.
A. Upon violation of any water use restrictions imposed pursuant to this Section 16.07.02 or Section 16.07.03 of this chapter, written notice of the violation shall be affixed to the property where the violation occurred and the customer of record and any other person known to city enforcement personnel who is responsible for the violation or its correction shall be provided with either actual or mailed notice. Said notice shall describe the violation and order that it be corrected, cured or abated immediately or within such specified time as the city manager or designee determines is reasonable under the circumstances. If the order is not complied with, the city manager or designee may assess an administrative fee to the customer in accordance with the standards in subsection B below, subject to the following procedures:
1. The city shall give the customer notice by mail or actual notice that an administrative fee will be assessed due to the violation and that the customer will have the opportunity to appeal the administrative fee by requesting a hearing scheduled before the city manager or a person designated as a hearing officer by the city manager;
2. If such a hearing is requested by the customer charged with the violation by the specified date, he or she shall be given a full opportunity to be heard before the fee is assessed;
3. The city manager or a person designated as a hearing officer by the city manager shall make findings of fact and order whether a fee should be assessed;
B. Upon the first violation of any water use restrictions imposed pursuant to Section 16.07.02 or Section 16.07.03 of this chapter, a written warning shall be issued. A second violation will result in an administrative fee of $50. Subsequent violations will be punishable with an administrative fee of $100 per violation.
C. All administrative fees shall be subject to the same terms of payment that are set for regularly scheduled water meter charges, following the completion of the procedures in subsection A, above.
(Ord. 747)