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<br />- <br /> <br />~ 36 <br /> <br /> <br /> <br /> <br />- ORDINANCE 1991- 43 <br />Q <br />(j <br /> <br />~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY <br />t\.l OF SAN MARCOS, TEXAS, REVISING ARTICLE IA, <br />WATER CONSERVATION, OF CHAPTER 30 OF THE SAN <br />MARCOS CODE OF ORDINANCES TO INSTITUTE A YEAR- <br />.. ROUND PROHIBITION ON LANDSCAPE WATERING <br />BETWEEN 10:00 A.M. AND 5:00 P.M. DURING WINTER <br />MONTHS AND BETWEEN 8:00 A.M. AND 7:00 P.M. THE <br />REMAINDER OF THE YEAR; AND TO INCORPORATE <br />RESTRICTIONS ON OUTDOOR CAR WASHING ACTIVITY; <br />PROVIDING FOR SEVERABILITY; REPEALING ALL <br />CONFLICTING ORDINANCES; PROVIDING A PENALTY; <br />PROVIDING FOR PUBLICATION AND PROVIDING AN <br />EFFECTIVE DATE. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />SECTION 1. That Section 30-16 of Article IA of Chapter 30 of <br />the San Marcos Code of Ordinances is hereby amended to read as <br />follows: <br /> <br />'5= Sec. 30-16. Miscellaneous restrictions: Presumption and <br />- Penalties. <br /> <br />(a) On any day from March 1 through October 31, other <br />than when a Stage 1,2, 3, 4 or 5 Water Conservation Order <br />is in effect, it shall be unlawful for any person to perform <br />landscape watering with sprinklers between the hours of 8: 00 <br />a.m. and 7:00 p.m. <br /> <br />(b) On any day from Nov~mber 1 through the last day of <br />February, other than when a Stage 1, 2, 3, 4 or 5 Water <br />Conservation Order is in effect, it shall be unlawful for <br />any person to perform landscape watering with sprinklers <br />between the hours of 10:00 a.m. and 5:00 p.m. There shall <br />be excepted from the restrictions in this subsection and in <br />subsection (a) above the watering of new landscapes pursuant <br />to a permit issued by the Finance Department. This permit <br />will allow watering of new landscapes only for up t.o 3 hours <br />each day for a period of 30 days after the initial <br />installation of the landscape. A fee of $10.00 will be <br />charged for the permit. <br /> <br />(c) It shall be unlawful at any time for any person to <br />engage in, conduct or cause to be conducted any outdoor <br />commercial or charitable car washing activity; provided, <br />that this shall not apply to such car washing activity on <br />the premises of a bona fide car washing business., ~'atiÜn <br />this subsection, "outdoor commercial or charitable car <br />washing activity" is defined as any activity involving the <br />washing of vehicles for a fee or donation on premises other <br />than a bona fide car washing business; and "bona fide car <br />washing business" is defined as a commercial business <br />equipped with mechanical or automatic car washing equipment <br />inside a structure that is covered and enclosed on at least <br />two (2) sides. <br /> <br />(d) For the purposes of this Article, it shall be <br />presumed that a violation of a mandatory water use <br />restriction occurring on a premises was caused by the person <br />in whose name a water meter connection for the premises is <br />registered with the City or other water system. Proof that <br />the particular premises have a water meter connection <br />registered in the name of the defendant named in a complaint <br />shall constitute in evidence a prima facie presumption that <br />the person to whom such water connection was registered was <br />the person who permitted or caused the illegal use of water <br />to occur on the premises. <br />