§ 24-7. Water usage during water emergencies.

(a)

Discharge outside building unlawful during certain times; exceptions. During a water emergency period, it shall be unlawful for any person to intentionally discharge water outside of a building or enclosed structure except between the hours of 12:00 midnight and 5:00 a.m. (local time). It shall be a defense to a prosecution under this section that water was discharged only as follows:

(1)

Onto grass or plants which have been planted or transplanted on the same calendar day on which such discharge occurs;

(2)

Onto trees or plants (other than grass) between the hours of 3:00 p.m. and 4:00 p.m. (local time), if such discharge is accomplished through a hose held at all times in a person's hand;

(3)

For sanitary purposes within the city limits;

(4)

For the purposes of flushing waterlines to prevent or eliminate stagnation, contamination or discoloration of water in any water facility;

(5)

For the suppression of fires;

(6)

For the wetting of aggregate to be used in the manufacture of concrete; or

(7)

For the wetting of any surface for the purpose of complying with the air pollution laws of the State of Texas or of the United States of America.

(b)

Definitions. As used in this section, the following terms shall have meanings as set out below unless the context clearly indicates that another meaning is intended.

(1)

"Water" shall mean treated water delivered directly to the ultimate retail purchaser thereof through any portion of the water distribution systems owned by the City of South Houston.

(2)

To "discharge" water shall mean to allow, permit or cause water to be released through a sprinkler, faucet, hose or similar pressurized source. The pouring, releasing or sprinkling of water into or from a can, bucket, tank or similar container not connected to the city water distribution system shall not be a discharge of water for the purposes of this section.

(3)

A "water emergency period" is a period of time which begins when the mayor:

a.

Has found that 6,000,000 gallons of water or more have been pumped into the city's water distribution system during any seventy-two-hour period; and

b.

Has declared the existence of a water emergency by filing a written declaration to that effect with the city secretary.

A water emergency period ends when the mayor has declared that the water emergency has ended and has filed a written declaration to that effect with the city secretary.

(c)

Violation, penalty. Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be assessed a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00).

(d)

Authority of mayor to enforce section. The mayor is authorized and directed to monitor the quantity of water pumped into the city's water distribution systems and to make the findings and declarations prescribed elsewhere in this section.

(Ord. No. 680, §§ 1, 2, 9-2-80)

Editor's note

Ord. No. 680, § 1, adopted Sept. 2, 1980, amended the Code by adding provisions designated as § 24-27. In order to keep related material together within the chapter, these provisions have been redesignated as § 24-7. Section 2 of Ord. No. 680 has been included herein as § 24-7(d) at the discretion of the editor.