For the purposes of this division, the following definitions
shall apply:
An irrigated and landscaped playing area made up of greens,
tees, fairways, roughs and related areas used for the playing of golf.
A hose attended by one person, fitted with a manual or automatic
shutoff nozzle.
A sprinkler that applies water to landscape plants that is
piped through a flexible, movable hose.
Any structure or any street, driveway, sidewalk, patio or
other surface area covered with asphalt, concrete, brick, paving,
tile, or other material preventing water from penetrating the ground.
Any manually operated or automated sprinkler head, hose,
faucet, hose-end sprinkler, or a soaker hose, or combination thereof,
that sprays water in the air or any other device capable of irrigating,
in whole or in part, landscape lawns or landscape plants.
Also referred to as an in-ground or permanent irrigation
system, a system with fixed pipes and emitters or heads that apply
water to landscape plants.
Water used for the irrigation and maintenance of landscaped
areas, whether publicly or privately owned, including residential
and commercial lawns, gardens, golf course greens, tees, and fairways,
parks, athletic fields, street or alley rights-of-way and medians.
Any member of the Kingdom Plantae, including any tree, shrub,
vine, herb, flower, succulent, ground cover or grass species, that
grows or has been planted out-of-doors.
Any plant or seed planted in or transplanted to an area within
such period of time as to accomplish a reasonable establishment and
maintenance of growth.
A tract of land, other than a golf course, maintained by
a city, private organization, or individual, as a place of beauty
or of public recreation.
Any ground surface which can absorb water or other liquids.
Plastic or flexible hose that weeps water across the entire
length, based on water pressure, directly to the plants’ roots.
Connects directly to a flexible hose or spigot.
An emitter that applies water to the landscape plants in
a stream that travels through the air. Sprinkler irrigation can be
applied by an irrigation system or hose-end sprayer or a soaker hose
that sprays water in the air.
A surface layer of earth containing maintained grass with
roots.
An irrigation system which segregates by stations, areas
of shrubs, ground cover, bedding plants, and turf to accommodate a
diversity of watering requirements.
(1983 Code, sec. 28-46; Ordinance 2006-O0123, sec. 2, adopted 12/7/2006)
(a)
Subsections (a)(1) through (4) set forth below shall be applicable to landscape irrigation systems installed pursuant to a permit prescribed by article 28.10 of this Code of Ordinances, issued after May 1, 2004, and before October 1, 2006.
(1)
Any landscape irrigation system installed pursuant to a permit prescribed by article 28.10 of this Code of Ordinances, City of Lubbock, Texas, issued on or after May 1, 2004, shall be designed and installed in a manner that prevents the following:
(A)
System operation during periods of weather, as described in subsection (a)(4), or in a manner to create a hazard to vehicular or pedestrian traffic;
(B)
Use of spray or rotary sprinkler heads within landscaped areas of
4 feet in width or less, when adjacent to public rights-of-way, or
impervious areas that drain to public rights-of-way; and
(C)
System operation outside of the manufacturer’s recommended
pressure range.
(D)
Intentional sprinkler head/emitter discharge or overspray onto nonlandscaped
or nonturf areas, including, without limitation, public streets, alleys
or other impervious areas that drain onto public streets or alleys.
(2)
A landscape irrigation system designed and installed by a licensed irrigator in accordance with the criteria set forth in this subsection shall be deemed to be in compliance with subsection (a)(1) of this section if said licensed irrigator certifies in writing to the city water department that the landscape irrigation system has been designed and installed in accordance with subsection (a)(1) of this section. This certification shall be provided to the city water department at the time of requesting final inspection of the system.
(3)
Automatic irrigation systems shall:
(4)
Any person installing automatic sprinkler systems in or on property, other than those listed below, pursuant to a permit to install the irrigation system prescribed by article 28.10 of the Code of Ordinances, City of Lubbock, Texas, issued on or after May 1, 2004, shall purchase and install separate water meters for irrigation purposes only. Said meter shall not provide water for any other use and shall include a normally closed master valve. The irrigation system shall include a freeze sensor rendering irrigation inoperative at 35 degrees Fahrenheit or higher and shall include rain sensors set to render the irrigation system inoperative at 1/4 inch of moisture or more. This subsection (a)(4) does not apply to properties legally zoned as “RR,” “R-1,” “R-1A,” “R-1 Specific Use,” “R-1A Specific Use,” “R-2,” or “RE.”
(b)
The provisions of subsections (b)(1) through (4) set forth below shall be applicable to landscape irrigation systems installed pursuant to a permit prescribed by article 28.10, Code of Ordinances, issued after October 1, 2006.
(1)
Any landscape irrigation system installed pursuant to a permit prescribed by article 28.10 of the Code of Ordinances, City of Lubbock, Texas, issued on or after October 1, 2006, shall be designed and installed in a manner that prevents the following:
(B)
Use of spray, strip or rotary sprinkler heads within landscaped areas
of 4 feet in width or less, when adjacent to public rights-of-way,
or impervious areas that drain to public rights-of-way;
(C)
System operation outside of the manufacturer’s recommended
pressure range;
(D)
Intentional sprinkler head/emitter discharge or overspray onto nonlandscaped
or nonturf areas, including, without limitation, public streets, alleys
or other impervious areas that drain onto public streets or alleys;
(E)
Use of spray, strip or rotary sprinkler heads installed in alleys;
and
(F)
Significant water runoff.
(2)
Any landscape irrigation system shall be designed and installed by a licensed irrigator in accordance with the criteria set forth in this subsection and shall be inspected and approved by the city, by and through the water utilities water conservation and education department, or other department of the city as designated by the city manager, prior to the operation of the system. Plans for irrigation systems to be installed in or on all property, excepting those described in subsections (b)(4)(A) through (D), shall be submitted to the city, by and through the water utilities water conservation and education department, prior to the beginning of construction.
(3)
Automatic irrigation systems shall:
(A)
Be maintained in compliance with the provisions of this subsection;
(B)
Be rendered inoperative by or at the direction of the irrigation
system owner or operator pending repairs if damaged in a manner that
results in leakage or excessive discharge of water from broken components;
(C)
Include rain sensors to be installed and maintained on all irrigation
systems equipped with automatic irrigation controllers and set to
render the irrigation system inoperative at 1/4 inch of moisture or
more;
(D)
Include freeze sensors to be installed and maintained on all irrigation
systems equipped with automatic irrigation controllers, which will
render the system inoperative at 35 degrees Fahrenheit or higher;
(E)
Be designed so that spray or rotary heads are at least four (4) inches
inside from any curbing, sidewalk, fencing, or building;
(F)
Be designed so that heads spray only towards pervious surface or
landscaped area;
(G)
Be designed to include a zonal irrigation system; and
(H)
Be designed to include a master valve.
(4)
Any person installing automatic sprinkler systems in or on property, other than those listed below, pursuant to a permit to install the irrigation system prescribed by article 28.10 of the Code of Ordinances, City of Lubbock, Texas, issued on or after October 1, 2006, shall purchase and install separate water meters for irrigation purposes only. Said meter shall not provide water for any other use and shall include a normally closed master valve. This subsection (b)(4) of this section shall not apply to the following types of properties:
(A)
Properties legally zoned as “R-1” Single-Family District,
as described in article 40.03, division 3, of the Code of Ordinances,
City of Lubbock, Texas;
(B)
Properties legally zoned as “R-1, Specific Use” single-family
district, as described in section 40.03.3103(a)(1) and section 40.03.3103(b)
of the Code of Ordinances, City of Lubbock, Texas;
(C)
Properties legally zoned as “R-2” Two-Family District,
as described in article 40.03, division 4, of the Code of Ordinances,
City of Lubbock, Texas; or
(D)
Properties legally zoned as “RE” Residential Estates
District, as described in section 40.03.3103(c) of the Code of Ordinances,
City of Lubbock, Texas.
(5)
Any request for an alternative system from those required in this subsection (b) shall be heard and determined by the director of water utilities. In the event that a customer desires to appeal a decision of the director of water utilities made in accordance with this section, the customer may appeal to the permit and license appeal board, by making application within fifteen (15) business days of the denial of the internal administrative appeal. Such appeal shall be made in writing and filed with the city secretary.
(6)
Violations for this subsection shall be as follows:
(A)
Any person, landowner, building owner or occupant who shall violate
any of the provisions of this subsection or who shall fail to comply
with any of the provisions of this subsection commits an offense.
(B)
The owner or owners of any landscape irrigation system, property
or part thereof where anything in violation of this subsection shall
exist and any contractor, agent, person, firm or corporation employed
in connection with the installation, operation or maintenance of the
irrigation landscape system and who has assisted in the commission
of such violation commits an offense.
(1983 Code, sec. 28-44(a), (b)(1)–(7); Ordinance 2004-O0001, sec. 1, adopted 4/22/2004; Ordinance 2006-O0076 sec. 1, adopted 7/10/2006; Ordinance 2006-O0123, sec. 1, adopted 12/7/2006; Ordinance 2017-O00159, sec. 58,
adopted 12/18/2017; Ordinance
2018-O0066, sec. 75, adopted 6/14/2018; Ordinance 2023-O0071 adopted 6/27/2023)
(a)
From April 1 to September 30, landscape irrigation utilizing water, in whole or in part, obtained from the city water system, is prohibited except during the times between 6:00 p.m. and 10:00 a.m. The city manager, or his or her designee, may, in the event he or she deems necessary the further restriction of landscape irrigation to certain days of the week or other restrictive irrigation schedules, recommend to the city council of the City of Lubbock the adoption of an order adopting such restrictive landscape irrigation schedule. This subsection (a) of this section shall not apply to the following irrigation activities:
(1)
Subsurface or soaker hose type irrigation systems;
(2)
Irrigation using handheld hoses that are manually attended at all
times of operation;
(3)
Short-term operation of an automatic irrigation system solely for
the purposes of testing the proper operation of said system; or
(4)
Irrigation of new landscape material by an automatic irrigation system
or irrigation device for a period no longer than three (3) weeks after
the landscape material has been installed.
(b)
A person commits an offense if he knowingly or recklessly, on premises
owned, leased, or managed by the person, operates a lawn or landscape
irrigation system or device that:
(2)
Irrigates during periods of freezing weather or during precipitation events described in section 22.03.132(a)(1)(A) or (b)(1)(A) of this division;
(3)
Does not have backflow prevention as required in sections 28.10.052–28.10.054
of the Code of Ordinances, City of Lubbock, Texas;
(4)
Has any controllable leak, including, without limitation, broken
or missing sprinkler head(s), leaking valve(s), or leaking or broken
pipes;
(5)
Creates a misting due to excessive water pressure; or
(6)
Causes significant water runoff.
(c)
A person, prior to conducting the subject irrigation activities, may request an exception to the watering times and/or conditions than those set forth in subsections (a) and (b)(2) to director of water utilities. In the event that a customer desires to appeal a decision of the director of water utilities made in accordance with this section, the customer may appeal to the permit and license appeal board, by making application within fifteen (15) business days of the denial of the internal administrative appeal. Such appeal shall be made in writing and filed with the city secretary.
(1983 Code, sec. 28-45; Ordinance 2004-O0001, sec. 1, adopted 4/22/2004; Ordinance 2006-O0123, sec. 2,
adopted 12/7/2006; Ordinance 2023-O0071 adopted 6/27/2023)
(a)
Violation of any provision of sections 22.03.132 and 22.03.133, as set forth herein, shall be deemed a misdemeanor punishable as provided by section 1.01.004 of the Code of Ordinances of the City of Lubbock, Texas. Additionally, a violation of any provision of sections 22.03.132 and 22.03.133 shall be deemed to be a nuisance under section 34.02.031 of the Code of Ordinances of the City of Lubbock.
(b)
In considering the amount of fine to be assessed upon conviction of an offense under sections 22.03.132 and/or 22.03.133, the court may consider the following:
(1)
The volume of water released;
(2)
The degree of hazard, including hazard to health, safety or welfare
of the citizens of the city, and/or the environment or natural resources;
(4)
The person’s cooperation with the city to eliminate the release
or runoff;
(5)
The weather conditions at the time the subject violation occurred;
and
(6)
The site plan and shape of the subject property.
(1983 Code, sec. 28-47; Ordinance 2006-O0123, sec. 3, adopted 12/7/2006)
