COUNCIL BILL NO 05

ORDINANCE NO AN ORDINANCE

066

2179

AMENDING LAS

CRUCES MUNICIPAL CODE

CHAPTER

28

ARTICLE VII KNOWN AS THE WATER CONSERVATION ORDINANCE TO PROVIDE FOR A LONG RANGE WATER CONSERVATION PLAN TO REVISE THE PENALTY SECTION TO DELETE SPECIFIC WAIVERS FOR FRANCHISED WATER UTILITY COMPANIES The AND TO MAKE MINOR WORD CHANGES
Las Cruces is informed that

City Council of the City of

WHEREAS in 1999 the

was

City enacted the Water Conservation Ordinance which

28 307

codified

as

LCMC

SS 28 301 through City approved

a

and

WHEREAS the in

Drought and Water Emergency Response Plan July

7

City Council

Resolution No 04 008

on

2003 and
and Water

WHEREAS

approval
to the

of the

Drought

Emergency Response

Plan

required amendments
were

City s

Water Conservation Ordinance

Said amendments

codified

as

LCMC

SS

28 307

through

28 309

and

WHEREAS staff will be

water conservation

presenting

resolution

seeking approval of a long range

plan and

WHEREAS it is necessary to further amend the Water Conservation Ordinance

to

provide for the long range

WHEREAS

water conservation

plan and
Conservation

it is also necessary to further amend the Water

Ordinance to revise the

penalty

section

to eliminate waivers for franchised water

companies
NOW

and to make minor word

changes

THEREFORE BE IT ORDAINED BY THE GOVERNING BODY OF THE

CITY OF LAS CRUCES

I THAT Las Cruces

Municipal Code Chapter 28

A 1

Article VII is

hereby amended

to

read

as

set forth in both Exhibit and Exhibit A 2

which is in

legislative format

to show the additions

and deletions

which is in the final amended form II

THAT

City staff

is

hereby authorized

to take all actions necessary to

implement

the intent of this Ordinance

DONE AND APPROVED

on

this

ATTEST

SEAl

Mayor
Moved

Mattiace

aye
aye

by by

Connor

Councillor Frietze Councillor Connor Councillor Archuleta

Councillor

aye yp aye aye aye

Seconded

Archuleta

Trowbridge

Councillor Strain Councillor Miyagishima

APPROVED AS TO FORM

A5

ARTICLE VII WATER CONSERVATION

Sec 28 301

Title purpose
as

This article shall be known

the Water Conservation Ordinance

This article

shall both require and encourage all users of water within the city limits and all users of city provided water outside of the City limits to reduce water consumption and waste Sec 28 302

Applicability
The restrictions contained in this article shall

apply

to

provided
franchised

water

and

to

all

users

of water the water

water

provided by
Se I users

water

city companies utility

users

all

of

by

the

city

however

wasting

restrictions

contained

in

subsection 28 304 b 1 b 28

shall

apply to all

within the

city

limits

The outdoor
District

300 309 shall not

Irrigation companies
water

vegetation watering restrictions in section 28 303 and section apply to users of irrigation water provided by Elephant Butte The outdoor vegetation watering restrictions in section 28 303 and

section 28 300 309 shall not

or

apply to users of water provided by mutual

city
declares
a

domestic
or

water

from domestic wells except when the

as

level II

level III

emergency

provided

in section 28

309

Sec 28 303

Outdoor vegetation All outdoor

even

watering
on

restrictions

vegetation
and ii

residential and commercial

street shall

on

the

numbered side of the

on

be

properties located watered only on Tuesdays

street shall be Thursdays and Saturdays watered only on Wednesdays Fridays and Sundays For corner buildings or properties having both odd and even numbers the number shown on the city s or the franchised water companies utility records shall control

the odd numbered side of the

b variance

Outdoor

vegetation shall

not

be watered

on

Mondays without

written

tB1 19

From

April

to

September
a m

30

all outdoor
m

watering of vegetation

is

prohibited
c

between the hours of 10 00

A

and 6 00 p

vTater

utility
a

company franchised

by

city

utilities division for

aiver from the outdoor

city may apply yearly to the vegetation watering restrictions in

the

this section in accordance with the

following

The waiver TATill be

that

compliance with these

granted by the utilities division if it determines restrictions will negatively impact the compa ny s water EXHIBIT
A I

system operations
company
s

The

granting and the

rene

val of any
to

aiver will be based

s

on

the

consumption patterns being comparable

2

the city

residential

water

use

Each waiver

request

must

be

accompanied by monthly

water use

records for the

The utilities division may additional information to justify the waiver request

past year

require that the company prmTide

If the utilities division denies the

vdth the

aiver the

file

written

appeal
a

city

within ten manager

days

company may of the denial The city

ater

manager will issue

1

final written decision vlithin 20 arded

days by

of receipt the

The waiver may be

rev

city

in

declared

Tater

emergency
Sec 28 304

Miscellaneous The
with
a

water

use

restrictions

Water

wasting

restrictions

washing quick

of vehicles and other

or a

types of mobile equipment

shall be

done

only
or

handheld bucket
rinses
at

handheld hose

shutoff nozzle for vehicles of water b mobile less The

This restriction does

a

equipped not apply

or

with
to

the

functioning washing of
five

equipment

commercial carwash
bucket

commercial service station

When used in this subsection the term

or

means a

container

holding

gallons

following

uses

of

water

are

defined

as

wasting

water

and

are

prohibited Allowing water public right of way

2 site 1
to

flow

onto

adjacent property

or onto

any

street

alley

or

other

Watering

outdoor

vegetation excessively

so

that

water

ponds

on

Failing

to

repair

water

leak within five

working days

of the

discovery of the leak

patios emergencies spills of impervious except which threaten the public hazardous materials or to eliminate dangerous conditions health safety or welfare When used in this subsection the term impervious surface
4
areas

Washing sidewalks driveways parking

surfaces with
a

tennis courts
to
remove

and other

hose

in

means

any surface covered with nonporous material

Section 28 305

Penalty injunctive relief authorized

violation of any section of this article misdemeanor and shall be punished in accordance with section is convicted of
a

Any person who

of
a

shall be

guilty

petty

lQ I as follows based

on

the

type of property

and

on

the number of prior convictions

Type of property
Residential

1st conviction

2nd conviction

3rd and

subsequent convictions

50 00

100 00

250 00

property
Non residential

100 00

250 00

500 00

Property
b For purposes of this article
owners

property

the person officer manager the property

over
c

utility age of eighteen years residing at or occupying the property or or general agent of the property owner or of the business located
water

the

person who can be cited may be one of the customer of record for the property a tenant or any
a an on

Persons cited
or

pursuant to
an or

the conduct for of the effect

lack of conduct of

this article may still be held liable regardless of individual or business performing or responsible

performing landscaping

yard maintenance services on the property or regardless of an automated water sprinkler or delivery system on the property
With

134

violation continues

respect to violations is a separate offense

are

that

are

continuous in time

each

day the

eg

Violations that relief The

continuous in time may be abated

a

other relief

equitable

imposition of

criminal

penalty does

not

by injunctive or prevent equitable

Sec 28 306

Exceptions

to enforcement

exceptions from compliance with this article concerning outdoor vegetation watering restrictions and miscellaneous water use water wasting restrictions
The

following

shall constitute

1 the
user

The water flow is is

result of natural

events

such

as

rain

or snow

unless

watering
The

at the

same

time

water flow is

result of

temporary malfunctions of

or

vandalism

to

the

municipal

water

supply system

The water flow the

is

result

of water

used

for

firefighting
or

including inspection and firefighting training activities

4

pressure

testing of fire hydrants

the

use

of

purposes water for

soil

as

may
5

required for be required by municipal codes

use

The

of

water is

the control of dust

or

the

compaction of

The

water is

used

to

wash down
a

areas

where flammable

or

otherwise

hazardous material has

6

spilled creating
used
to
are

dangerous condition
or

The

water is

prevent

abate

pubic

health

safety

or

accident

hazards when alternate methods

7
water

not available

The water is used for routine

inspection

or

maintenance of the

municipal

supply system
8

The

water is used to

facilitate construction within

construction

public right

of way in

accordance with city

9 The

requirements and good

of the
water is

practices

use

permitted

under

written variance

granted by

the

city

utilities

department

in consultation with the

legal department

The variance may

be revoked in a declared
10

water

emergency for
street

The

water

is used

sweepmg

sewer

maintenance

or

other

established utility
11

practices
to the

Watering contrary
for one
an

odd

even

or

time of

day requirements

is

permitted
to

day only where application of chemicals requires immediate watering

preserve
12

existing lawn
to

Watering contrary
for up to two weeks for

the odd

even

or

time of

day requirements

is

permitted

newly planted landscaping outdoor vegetation

plan plan by separate city plan
council resolution

Sec 28 307

Water conservation

The

city

shall enact

water conservation

Sec 28 30

Drought

and water emergency response

water to

plan
or

city shall enact a drought and by separate city council resolution in order
or

The

emergency response plan protect the public health safety

welfare

to

preserve the water

supply

b
and

The purpose of the

plan will

be

to

reduce

water

use

within the
a

city limits
water

within the

city

water

utility

service

area

in the event of

declared

emergency caused
c

by a drought or a temporary

water

emergency

The
1

plan shall minimally provide

for the

following

Definitions of technical words used in the Plan

Measurable criteria for

determining

the

severity

of the

water

emergency
3

Implementation authority for each level of Response

measures

water

emergency

for each level of water emergency

Termination of response Variances

measures

and

Sec 28

3082
a

Plan restrictions

or

prohibitions
a

After the
critical
or

city manager publicly declares

emergency
the the

level I mild
or

level II

severe

or

level

III

water

following

activities

water

uses

restricted

prohibited by emergency response plan

I Prohibit

city

manager in

compliance

with the

drought

may be and water

planting

new

lawns from seed

or

sod

Further restrict

or

prohibit

vehicle

washing
those

Prohibit all fire

hydrant uses except

required for public health

and

safety
4

Require all hotels motels and bed and breakfast establishments to have only showerheads meeting maximum flow rates of 2 0 gallons per minute and faucet aerators meeting maximum flow rates of 2 2 gallons per minute
5 Prohibit

filling private swimming pools

use

Reduce the

of or close

private

or

public swimming pools

Require that

ornamental fountains be turned off

Impose further

restrictions in

landscape

water

use

in

proportion

to

the

severity

of the
9

drought
Restrict nursery and Restrict
water

plant nursery water

for fertilization

use

10

use or

pesticide

and

herbicide

application by

commercial

enterprises
new

by

individuals
of trees and shrubs

11

Prohibit all

landscaping including planting

varieties such
as

except for
b
with the

extremely drought resistant

After the

cacti

or

mesquite

level III critical

city manager publicly declares a level I mild level II severe or water emergency the city council may do the following in compliance
water

drought and
1

emergency response
or

plan

Introduce refine Revoke wah

adjust drought pricing mechanisms for water

franchised

2
customers

ers

to

private

water
v

utilities

for their
s

vdthin the

city limits and require compliance

ith the

city

outdoor

vegetation vlatering
3
trees

restrictions variances

Prohibit all outdoor

water

use

except for

subsistence

irrigation

of

and shrubs
4 Terminate water service if violation is not
or

utility
to

immediately
s

corrected after written notice is

premIses 5

given

the

customer

posted

on

the customer

Impose

moratorium

on new

water connections

ARTICLE VII

WATER CONSERVATION

Sec 28 301

Title purpose

This article shall be known

as

the Water Conservation Ordinance

This article

shall both require and encourage all users of water within the city limits and all users of city provided water outside of the City limits to reduce water consumption and waste
Sec 28 302

Applicability
The restrictions contained in this article shall

apply

to

provided
franchised

water

and

to

all

users

of

water

provided by
city
limits

water

city utility companies

users

all

of

by

the

city

however the water

to

wasting

restrictions contained in subsection

28 304 b 1

shall

apply

all

water

users

within the

vegetation watering restrictions in section 28 303 and section 28 309 shall not apply to users of irrigation water provided by Elephant Butte Irrigation District The outdoor vegetation watering restrictions in section 28 303 and section 28 309 shall not apply to users of water provided by mutual domestic water companies or from domestic wells except when the city declares a level II or level III water emergency
b The outdoor
as

provided

in section 28 309

Sec 28 303

Outdoor

vegetation watering vegetation

and ii
on

restrictions

All outdoor
even

residential and commercial

street

properties
on

located

on

the

numbered side of the

on

shall be watered
For

only

Tuesdays
properties

Thursdays
watered

and

only

on

Saturdays Wednesdays Fridays

even

the odd numbered side of the street shall be

and

Sundays

corner on

buildings
city
s or

or

having
water

both odd and

numbers the number shown

the

the franchised

companies utility
b Outdoor

records shall control

vegetation shall

not

be watered

on

Mondays

without

written

variance

From

April

1 to

September
a m

30

all

outdoor
m

watering of vegetation

is

prohibited
Sec 28 304

between the hours of 10 00

Water

and 6 00 p

wasting restrictions
of vehicles and other
or a

The

washing

types of

done

only
or

with

handheld bucket

handheld hose

equipment shall be equipped with a functioning

mobile

shutoff nozzle for vehicles

quick rinses mobile equipment at

This restriction does not

a

apply

to

the

washing

of

commercial carwash

or

commercial service station

EXHIBIT
A t

When used in this subsection the term

bucket

means a

container

holding

five

gallons

of water
b

or

less

The

following

uses

of water

are

defined

as

wasting

water

and

are

prohibited

alley or

Allowing water other public right of way

2

to flow onto

adjacent property

or

onto

any

street

Watering outdoor vegetation excessively

so

that

water

ponds

on

site

Failing

to

repair

water leak within

five

working days

of the

discovery of the leak driveways parking areas tennis courts patios and other impervious surfaces with a hose except in emergencies to remove spills of hazardous materials or to eliminate dangerous conditions which threaten the public health safety or welfare When used in this subsection the term impervious surface Washing
sidewalks
means

any surface covered with nonporous material

Section 28 305

Penalty injunctive relief

authorized

shall be

type

a violation of any section of this article and shall be punished as follows based on the guilty of petty misdemeanor of property and on the number of prior convictions a

Any person
a

who is convicted of

Type of property
Residential

1st conviction

2nd conviction
100 00

3rd and

subsequent convictions

50 00

250 00

property
Non residential 100 00 250 00

500 00

Property
b
For purposes of this article a person who can be cited may be one of the owners the water utility customer of record for the property a tenant or any
an

property

at or occupying the property or person over the age of eighteen years residing officer manager or general agent of the property owner or of the business located the property to this

on

Persons cited
or

pursuant

the conduct

lack of conduct of

an

article may still be held liable regardless of individual or business performing or responsible

for performing of the effect of

d

landscaping

an

yard maintenance services on the property or regardless automated water sprinkler or delivery system on the property
or

With

violation continues

respect to violations is a separate offense

are

that

are

continuous in time

each

day

the

Violations that relief The

continuous in time may be abated

a

other relief

equitable

imposition of

criminal penalty does

by injunctive or not prevent equitable

Sec 28 306

Exceptions

to enforcement

following shall constitute exceptions from compliance with this article concerning outdoor vegetation watering restrictions and water wastinKrestrictions
1 the
user

The

The
is

water

flow is
same

result of natural events such

as

rain

or snow

unless

watering
The

at the

time

2 the

water

flow is

result of

temporary malfunctions of

or

vandalism

to

municipal
3 the

water

supply system
flow is
a

The

water

result of

water

used for

firefighting
or

purposes
water for

inspection and including firefighting training activities

4

pressure

testing

of fire

hydrants

the

use

of

The

soil

as

may be
5

required for required by municipal codes

use

of

water is

the control of dust

or

the

compaction of

The

water is

used

to

wash down
a

areas

where flammable

or

otherwise

hazardous material has

6

spilled creating

dangerous condition
or

The water is used to

are

prevent

abate

pubic

health

safety

or

accident

hazards when alternate methods

not available

7
water

The water is used for routine

inspection

or

maintenance of the

municipal

supply system
8

The

water is used to

facilitate construction within

public right

of way in

accordance with
9

city requirements and good construction practices

use

The

of the water is

permitted

under

written variance

granted by

the

city

utilities

department
a

in consultation with the

legal department

The variance may

be revoked in

declared water emergency

10

The

water

is used

for street sweepmg

sewer

maintenance

or

other

established
11

utility practices
Watering contrary
one

to

the odd

even

or

time of

day requirements

is

permitted for
to

day only

where

application

of chemicals

requires immediate watering

preserve
12

an

existing

lawn
to

Watering contrary
for up
to two weeks for

the odd

even or

time of

day requirements

is

permitted

newly planted
plan

outdoor

vegetation

Sec 28 307

Water conservation

The

city shall

enact

water conservation

plan by separate city council

plan

resolution

Sec 28 308

Drought and

water

emergency response
water to

city shall enact a drought and plan by separate city council resolution in order or welfare or to preserve the water supply
a

The

protect

emergency response plan the public health safety

The purpose of the plan will be and within the city s water utility service b emergency caused
c

to reduce water
area

use

within the
a

city limits
water

in the event of

declared

by

drought

or a

temporary

water

emergency

The
1

plan shall minimally provide for the following

Definitions of technical words used in the Plan

Measurable criteria

for

determining

the

severity of the

water

emergency
3

Implementation authority
Response
measures

for each level of

water

emergency

for each level of water emergency and

Termination of response Variances

measures

Sec 28 309

Plan restrictions

or

prohibitions
a

After the
critical
or

city manager publicly declares

emergency the

level I mild
or

level II

severe

or

level III restricted

water

following
in

activities

water

uses

may be

prohibited by the city manager emergency response plan

1 Prohibit

compliance

with the

drought

and water

planting

new

lawns from seed

or

sod

Further restrict

or

prohibit vehicle washing

uses

Prohibit all fire

hydrant

except those required

for

public health

and

safety
4

Require all hotels motels and bed and breakfast establishments to have only showerheads meeting maximum flow rates of 2 0 gallons per minute and faucet aerators meeting maximum flow rates of 2 2 gallons per minute
5

Prohibit

filling private swimming pools

use

Reduce the

of or close

private

or

public swimming pools

turned off

Require that ornamental fountains be Impose further

restrictions in

8 the

landscape

water

use

in

proportion

to

severity

of the

drought
Restrict nursery and Restrict
water

plant
for

nursery

water

use

10

use
or

fertilization

pesticide

and

herbicide

application by

commercial

enterprises
new

by individuals
of trees and shrubs

11

Prohibit all

landscaping including planting

varieties such as cacti
or

except

for

extremely drought resistant

After the

mesquite

city manager publicly declares a level I mild level II severe or level III critical water emergency the city council may do the following in compliance with the drought and water emergency response plan
1 Introduce refine
or

adjust drought pricing mechanisms

for water

Revoke variances

3
trees and

Prohibit all outdoor water

use

except for subsistence irrigation of

shrubs
4 Terminate water service if

utility

violation is
or

not

immediately
customer
s

corrected after written notice is

given

to the customer

posted

on

the

premises
5

Impose

moratorium on

new

water connections

@J kM S j COUNCIL ACTION FORM

For Meeting of March 21 2005

Adopted Date

TITLE AN ORDINANCE AMENDING LAS CRUCES MUNICIPAL CODE CHAPTER 28 ARTICLE VII KNOWN AS THE WATER CONSERVATION ORDINANCE TO PROVIDE FOR A LONG RANGE WATER CONSERVATION PLAN TO REVISE THE PENALTY SECTION UTILITY COMPANIES TO DELETE SPECIFIC WAIVERS FOR FRANCHISED WATER AND TO MAKE MINOR WORD CHANGES

BACKGROUND

City enacted the Water Conservation Ordinance which was codified The City approved a Drought and Water LCMC SS 28 301 through 28 307 Emergency Response Plan in City Council Resolution No 04 008 on July 7 2003 Approval of the Drought and Water Emergency Response Plan required Said amendments amendments to the City s Water Conservation Ordinance were codified as LCMC SS 28 307 through 28 309
as

In 1999 the

seeking approval of a long range water conservation March 21 2005 City Council Meeting It is necessary to further amend the Water Conservation Ordinance to provide for the long range water conservation plan It is also necessary to further amend the Water Conservation Ordinance to revise the penalty section to eliminate waivers for franchised water companies and to make minor word changes
Staff will be

presenting plan at the

resolution

The revisions to the penalty section of the ordinance have been reviewed by the City s Municipal Court prosecutors and by the Melissa Miller Byrnes Presiding

Municipal Court Judge

SUPPORT INFORMATION 1 Ordinance with Exhibit A 1 attached thereto which is in

legislative format

to show the additions and deletions to the existing Municipal Code sections and Exhibit A 2 which is the final amended form

Continue Name Of Drafter Marcia B

on

additional sheets as

re

uired Phone 541 2128

Driggers

Department

Legal

on

behalf of Utilities

Department Originating Department

Signature

Phone

II Department
Budget
Assistant

Signature

Phone

541 2300
528

3511

541 2271

City Manager Legal

CAF Rev 6 01 541 2128

City Manager

541 2076

Council Action Form

Account Number Amount

Page
of Expenditure

Budget Amount

N A

N A

NA

COUNCIL OPTIONS
1 2 3

Approve the Ordinance Modify the Ordinance

as

drafted

as

the Council deems

appropriate

Not approve the Ordinance and

provide

direction to staff

Clly
AD FORM LAS CRUCES SUN

of LeU C

UClW

NEWSc

LAS CRUCES BULLETIN DISPLAY AD

0 0

CLASSIFIED LEGAL AD DATE TO PUBLISH CITY CONTACT SHIRLEY CLARK 541 2118 3 13 05 PHONE

BILL To

CITY CLERK
POBox 20000 LAS CRUCES NM 88004

PROOF

OF

PUBLICATION REQUIRED

PLEASE INITIAL AD FORM AND FAX

IT

BACK TO 541

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FOLLOW UP TO EMAIL

Notice of Intent to

Adopt

The

City Council of The City of Las Cruces New Mexico Hereby Gives Notice of Its Intent to Adopt The Following Ordinances at The Regular City Council Meeting of Monday April 4 2005
1

Council Bill No
Las Cruces

05 066 Ordinance No

2179

An Ordinance

Amending

Municipal Code Chapter

28 Article VII

Known

as

the Water

Conservation Ordinance to Provide for a Long Range Water Conservation Plan to Revise the Penalty Section to Delete Specific Waivers for Franchised Water

Utility Companies Copies

Clerk
Are Available for Witness

and to Make Minor Word

Changes

My

Hand and Seal of the

Inspection During Working Hours at the Office of the City City of Las Cruces on this the 10th day of

March 2005

Nollee of Intent 10 AcIopt The City Council of n City of Las Cruces Ne Mexico Hereby Giv Nolice of Its Intent J Adopt The Following 0 dinances at The Regul City Council

L
i

Shirley Clark City Clerk

MC

Monday April

4 2005

Meeting

1 Council Bill No 066 Ordinance

217 An

O
No

Amending
Municipal

28 Article VII Known c the Water Conservatio Ordinance to Provide k

a

Ordmanc Las Cruce Code Chapf

Long

Range

Wale

h 6

Conservation Plan t Revise the Penalty Sa tion to Delete Specifj Waivers for Franchis Water Utility Companies and to Make Minor Won

Changes
Copies Are Available fa Inspection During Work ing Hours at llie OffiCI of the Clerk City Witness My Hand ane Seal of the City of La
Cruces on this the lOtt day of March 2005
s

City Clerk

Shirley Clark

MMC

Pub No 33988 Publish March 13 2005