§ 6-4-14. EXEMPTIONS.

(A)

Exemptions under this subsection apply to Section 6-4-15 ( Water Conservation Stage ), Section 6-4-16 ( Drought Response Stage One Regulations ), Section 6-4-17 ( Drought Response Stage Two Regulations ), Section 6-4-18 ( Drought Response Stage Three Regulations ), and Section 6-4-19 ( Emergency Stage Four Regulations ) and are:

(1)

The use of water necessary to protect the health, safety, or welfare of the public;

(2)

The use of reclaimed or auxiliary water that is not supplemented by or mixed with potable water supplied by Austin Water Utility;

(3)

Necessary use of water for lawful repair of a water distribution facility, flushing of utility lines or residential or commercial plumbing lines;

(4)

Necessary use of water, other than for landscape irrigation, for a governmental entity performing a governmental function, including a capital improvement construction project;

(5)

Use of water, other than for landscape irrigation, necessary to meet express requirements of federal, state, or local permits related to land development that include but are not limited to roadway base preparation, dust control, maintenance of trees subject to preservation restrictions or requirements, concrete or asphalt work, or modification or construction of improvements;

(6)

Necessary washing or sanitizing to prevent public health or disease transmission risk associated with liquid, solid, or particulate residue in or on vehicles, containers, or equipment lawfully used to maintain, process, or transport food, perishables, garbage, liquid or solid waste, organic materials, or recyclables; or

(7)

Water use immediately necessary for or related to fire fighting, fire prevention, or fire suppression activity or operations conducted because of actual risk to public or environmental health, safety, or welfare, life, or property associated with the presence of an uncontrolled fire on or approaching any person or property.

(B)

The following activities shall be exempt from the application of Section 6-4-15 ( Water Conservation Stage ), Section 6-4-16 ( Drought Response Stage One Regulations ), Section 6-4-17 ( Drought Response Stage Two Regulations ), and Section 6-4-18 ( Drought Response Stage Three Regulations ):

(1)

Outdoor irrigation:

(a)

using a hand-held hose or refillable watering vessel;

(b)

using drip irrigation;

(c)

of trees using an automatic bubbler system or soaker hose placed within the drip-line of the tree canopy;

(d)

of vegetable gardens using a soaker hose;

(e)

of athletic fields used for organized sports practice, competition, or exhibition events when the irrigation is necessary to protect the health and safety of the players, staff, or officials present for the athletic event;

(f)

immediately following a commercial lawn treatment application by an applicator who possesses required licensure as applicable for use of such substances including but not limited to fertilizer, pesticides, and herbicides, provided receipts documenting such application and the applicator's credentials are provided upon request to a designee of the director; or

(g)

of plant material at a commercial nursery.

(2)

Water use:

(a)

necessary for repair or installation of a permanently installed landscape irrigation system when the person performing the irrigation work is present in the area of irrigation; or

(b)

necessary for the repair, testing, or installation of an ornamental fountain when the person performing the testing, repair or installation is present.

(C)

The following activities shall be exempt from the application of Section 6-4-15 ( Water Conservation Stage ), Section 6-4-16 ( Drought Response Stage One Regulations ) requirements:

(1)

Water use necessary to comply with federal, state, or local land development permits requiring the establishment of new landscaping; and

(2)

Irrigation of areas documented on a City approved and released site plan as golf course fairways, greens, or tees.

Source: Ord. 20120816-004.