ORDINANCE # 2010-07
AN
ORDINANCE AMENDING THE CODE OF ORDINANCES OF CITY OF FORT OGLETHORPE; TO RE=
VISE
THE STANDARDS FOR OUTDOOR WATERING OF LANDSCAPE.
WHEREAS, The City of Fort Ogleth=
orpe
(hereinafter “City”) recognizes an imminent need to create a cu=
lture
of water conservation and to plan for water supply enhancement during future
extreme drought conditions and other water emergencies;
WHEREAS, reasonable restrictions=
on
the outdoor watering of landscape are necessary to address this in furthera=
nce
of addressing this need;
WHEREAS, the General Assembly of=
the
State of Georgia has required all cities in Georgia to adopt an ordinance t=
o be
in effect no later than January 1, 2011 to allow outdoor watering of landsc=
ape
to between the hours of 4:00 p.m. and 10:00 a.m. (with certain exceptions);=
and
WHEREAS, pursuant to O.C.G.A. &s=
ect; 12-5-7,
the Mayor and City Council have prepared an ordinance to address outdoor
watering of landscape.
NOW, THEREFORE, IT IS ORDAINED t=
hat
the following is adopted as an Ordinance to read as follows:
“Sec.1. Restriction on Outdoor Water of
Landscape. Outdoor wateri=
ng =
for
purposes of planting, growing, managing, or maintaining ground cover, trees, shrubs, or=
other
plants may occur only between the hours of 4:00 p.m. and 10:00 a=
.m.; provided, howeve=
r,
that this limitation shall not create any limitation upon the following
outdoor water uses:
(A) Commercial raising, harvesting, or
storing of crops; feeding, breeding, or managing livestock or poultry; the
commercial production or stor=
ing of
feed for use in the production of livestock, including, but not limited to,
cattle, calves, swine, hogs, goats, sheep, and rabbits, or for use in the
production of poultry, including, but not limited to, chickens, hens, ratit=
es,
and turkeys; producing plants, trees, fowl, or animals; or the commercial
production of aquacultural, horticultural, dairy, livestock, poultry, eggs,=
and
apiarian products or as otherwise defined in O.C.G.A. § 1-3-3;
(B) Capture and reuse of cooling system
condensate or storm water in compliance with applicable city ordinances and
state guidelines;
(C) Reuse of gray water in compliance w=
ith O.C.G.A. §
31-3-5.2 and applicable local board of health regulations;
(D) Use of reclaimed waste water by a
designated user from a system permitted by the Environmental Protection
Division of the
(E) Watering personal food gardens;
(F) Watering new and replanted plant, s=
eed,
or turf in landscapes, golf courses, or sports turf fields during installat=
ion
and for a period of 30 days immediately following the date of installation;=
(G) Drip irrigation or irrigation using
soaker hoses;
(H) Hand watering with a hose with automatic
cutoff or handheld container;
(I) Use of water withdrawn from private
water wells or surface water by an owner or operator of property if such we=
ll
or surface water is on said property;
(J) Watering horticultural crops held f=
or
sale, resale, or installation;
(K) Watering athletic fields, golf cour=
ses,
or public turf grass recreational areas;
(L) Installation, maintenance, or
calibration of irrigation systems; or
(M) Hydroseeding.
Sec.2. Enforcement=
.
(a)
No person shall use or allow the=
use
of water in violation of the restrictions on outdoor water use contained in ordinance.
(b)
The city code enforcement depart=
ment shall
be the enforcement authority for this ordinance. The city manager may also
authorize other departments as may be deemed necessary to support enforceme=
nt.
(c)
Criminal and alternative penalti=
es.
Any violation of this section may also be enforced by a citation or accusat=
ion
returnable to the municipal court or by any other legal means as set forth =
in
this Code.
(d) Violations shall=
be
punishable in accordance with Fort
Oglethorpe City Charter Section 4.13
Sec.=
3.
All ordinances or parts of
ordinances in conflict with this ordinance are repealed.
Sec.
4. Effective
Date. This
ordinance shall go into effect on =
&nb=
sp; =
[not later than January 1, 2011].&#=
8221;
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Mayor
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A=
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City Clerk