§ 6-4-12. WATER WASTE PROHIBITED.

(A)

The section prohibits the waste of water.

(B)

A person may not:

(1)

fail to repair a controllable leak, including but not limited to a broken sprinkler head, a broken pipe or a leaking valve; or

(2)

operate an irrigation system with:

(a)

a broken head; or

(b)

a head that is out of adjustment and the arc of the spray head is over a street, parking area, or other impervious surface; or

(c)

a head that is misting because of high water pressure; or

(3)

allow water flow during irrigation that:

(a)

runs, flows, or streams in a way that extends into a street, parking area, or other impervious surface for a distance of 50 feet or greater; or

(b)

allows water to pond to a depth greater than 0.25 inch in a street, parking area, or on other impervious surfaces.

(C)

It is an affirmative defense to a charge of a violation of Subsection (B) that the act or omission charged in the complaint occurred during necessary repair, testing, or calibration of a new or existing irrigation or plumbing system, that the person performing the system testing, repair, or calibration was present at the site at the time of the act or omission charged in the complaint, and that the irrigation or plumbing system and its testing, repair, or calibration work at issue complied at the time with all applicable regulations, permit and development approval requirements.

(D)

It is an affirmative defense to a charge of a violation of Subsection (B)(1) that the property where the leak occurred has been officially accepted into a government-assisted housing repair program, the condition is within the scope of repairs the government has agreed to fund or repair, and the person charged with the violation or the property where the violation occurs is not in default of any obligation of the government-assistance housing repair program at the time of the violation charged.

Source: Ord. 20120816-004.