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Ordinance No. 10,756ORDINANCE NO. 10,756 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 18 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE IV "PLUMBING CODE" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 18-467 "IRRIGATION SYSTEMS" TO REQUIRE INSTALLERS OF IRRIGATION SYSTEMS TO OBTAIN A PERMIT AND TO ESTABLISH MINIMUM STANDARDS AND SPECIFICATIONS FOR DESIGNING, INSTALLING, AND OPERATING IRRIGATIONS SYSTEMS; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Chapter 18 "Buildings and Building Regulations," Article IV "Plumbing Code," of the Code of Ordinances, City of Baytown, Texas, is hereby amended to add a new section to be numbered and entitled Section 18-467 "Irrigation systems," which section shall read as follows: CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS ARTICLE IV. PLUMBING CODE Sec. 18-467. Irrigation systems. (a) Definitions. The following words, terms and phrases when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Irrigation installer means a person who performs the functions of an installer by connecting an irrigation system to any water supply, or represents that they can perform this function. An installer must work under the direct supervision of a state licensed irrigator when performing this function. Irrigation system means an assembly of component parts permanently installed for the controlled distribution and conservation of water to irrigate landscape vegetation, reduce dust, or control erosion. The term does not include a system used on or by an agricultural operation as defined by V.T.C.A., Agriculture Code.§251.002. (b) Permit; Registration. Before installing an irrigation system within the city limits or its extraterritorial jurisdiction, an irrigation installer must obtain a plumbing permit. Before such permit is issued, the irrigation installer shall present a valid state irrigation permit and proof of insurance as required in section 18-465 and satisfy the registration requirements for plumbing services pursuant to section 18-1 of this code. (c) Fees. The fees for all irrigation system work shall be as indicated in section 18-255 of this code. (d) Minimum standards and specifications. The following minimum standards and specifications shall apply to all irrigation installations: (1) Connection of irrigation systems to any water supply. The connection of the irrigation systems to any water supply shall be in accordance with all state laws, rules and regulations and shall comply with the City's plumbing code as adopted in section 18-461. (2) Design, installation, and operation of irrigation systems. The design, installation and operation of irrigation systems shall be in accordance with all state laws, rules and regulations and shall comply with the parameters set forth in the plumbing code as adopted in section 18-461. (3) Water conservation. All irrigation systems shall be designed, installed, maintained, repaired, and serviced in a manner that will promote water conservation in accordance with state laws, rules and regulations. Additionally, all irrigation systems shall be designed and installed with precipitation sensors to shut off the irrigation system in accordance with their design. Such sensors shall be maintained, repaired, and serviced in a manner that will promote water conservation. (4) Duties and responsibilities of licensed irrigators. An installer of an irrigation system must comply with all duties and responsibilities as required by the state. (e) Exceptions. This section does not apply to: (1) an on-site sewage disposal system, as defined by V.T.A.C., Health & Safety Code §366.002; or (2) an irrigation system: (A) used on or by an agricultural operation as defined by V.T.C.A., Agriculture Code §251.002 (B) connected to a groundwater well used by the property owner for domestic use. Section 2: 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 regulating and governing the subject matter covered by this ordinance. Section 3: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of the ordinance or the application of same to any person or the set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not effect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section 4: Any person who fails to comply with any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine in an amount of not more than FIVE HUNDRED AND NO/100 DOLLARS ($500.00). Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of licenses or permits. Section 5: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after passage of this ordinance. INTRODUCED, READ, AND PASSED by the affirmative vote Baytown, this the 19th day of November, 2007. / "the City Council of STEPHEN H. DONCARLOS, May LOfeR4-€0ODV, City Clerk APPROVED AS t© FORM: <GNACIO RAMf£EZ;-Sr., g^ Attorney R:\Karen\Files\Cily Council\Ordinances\2007\Novembcr 19\lrrigationPcrmitOrdinance.doc