§ 28-03-036. Exceptions to enforcement.

The following shall constitute exceptions from compliance with the provisions of this chapter:

1.

The water is the result of natural events such as rain or snow:

2.

The flow is a result of temporary failures or malfunctions of the water supply system;

3.

The flow is a result of water used for firefighting purposes including the inspection and pressure testing of fire hydrants or the use of water for firefighting training activities;

4.

The use of water is required for the control of dust or the compaction of soil as may be required by the City Code.

5.

The water is used to wash down areas where flammable or otherwise hazardous material has been spilled and creates a dangerous condition;

6.

The water is used to prevent or abate public health, safety or accident hazards when alternate methods are not available;

7.

The water is used for routine inspection or maintenance of the water supply system;

8.

The water is used to facilitate construction within public right-of-way in accordance with the requirements of the city and good construction practices;

9.

The use of water is permitted under the terms of a permit granted by the City Manager;

10.

The water is used for street sweeping, sewer maintenance or other established utility and public works practice;

11.

Watering contrary to the even/odd watering requirements under this chapter and from the time of day watering requirements of this chapter may be permissible for one (1) day only where application of chemicals requires immediate watering to preserve an existing lawn. In cases of commercial application, a receipt from a commercial lawn treatment company indicating the date of treatment, the address of the property treated, the name and address of the commercial contractor, and the chemical treatment required shall constitute evidence that the owner or person responsible for the property is entitled to this exception. Where treatment with a noncommerical application of chemicals requires immediate watering to preserve an existing lawn, the owner or person responsible for the property must contact the city manager prior to the application of chemicals and provide evidence satisfactory to the manager for approval of this exception.

(Ord. No. 1169, § 4, 2-11-03)