vm7mm
enthusiast
Posts: 1527
Loc: Allen Tx usa
Reg: 08-12-04
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06-12-14 08:32 PM - Post#169107
In response to DrivinTooFast
You can beat the City of Allen, I have done it before. In the early 90's, one of my sons fell at one of the school playgrounds and broke his arm and I felt that the school should pay my out of pocket expenses. AISD said no and at the beginning of the year, we were offered insurance from the school that would have covered it. I said fine and did some investigating myself and found that the City of Allen actually owned the playground. I talked to the City Manager and was again denied my out of pocket expenses. I got my video camera and a short pipe and went to each playground that the City owned (several schools also) and would hit the pipe on the ground and it sounded like I was hitting concrete. The mulch depth at that time on each playground and park was much less than required by law. I called and spoke to the City Manager about this video that I had made and the next day, an Attorney of the City's called and offered to settle (payment) and I accepted. That same day, practically every playground was closed in Allen and taped off with caution tape for about a week until they could come up to code. If I were in your situation, I would get some video of them watering when they shouldn't be and take that to court on your court date.
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SB
enthusiast
Posts: 1551
Reg: 09-07-03
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06-12-14 09:25 PM - Post#169108
In response to vm7mm
How does another's violation excuse DTF violation? I don't think the analogy works at all. Better is to show that X is allowed to water off date because they use their own water and that is what DTF was doing with his system.
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vm7mm
enthusiast
Posts: 1527
Loc: Allen Tx usa
Reg: 08-12-04
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06-13-14 06:27 AM - Post#169112
In response to SB
How does another's violation excuse DTF violation? I don't think the analogy works at all. Better is to show that X is allowed to water off date because they use their own water and that is what DTF was doing with his system.
He will have to prove that he was using "his" system, that will be pretty hard to do. After all, he did say his timer was off schedule.
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ChrisH
enthusiast
Posts: 442
Reg: 07-30-08
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06-13-14 06:47 AM - Post#169113
In response to vm7mm
In my opinion, I think he should water only on the defined day, using his system or not. It probably causes a lot of headaches for the city when someone is watering on a day other than the one defined for their area. They probably have to deal with calls from neighbors, send out employees to check, fill out the paperwork, etc...
If the city was to create a database of people who use their own systems, and those people are required to place signage in their yard indicating this, then I could see watering on an off day being allowed. This may even cause others to do the same.
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Allensince1993
enthusiast
Posts: 521
Reg: 06-06-12
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06-13-14 11:40 AM - Post#169118
In response to ChrisH
In my opinion, I think he should water only on the defined day, using his system or not. It probably causes a lot of headaches for the city when someone is watering on a day other than the one defined for their area. They probably have to deal with calls from neighbors, send out employees to check, fill out the paperwork, etc...
If the city was to create a database of people who use their own systems, and those people are required to place signage in their yard indicating this, then I could see watering on an off day being allowed. This may even cause others to do the same.
It will actually promote the idea of trapping and using reclaimed water. Require a permit and you'll have a log of people who are allowed to water on off days.
James DeLaGarza
Realtor/Broker since 1992 |
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javaprincess
enthusiast
Posts: 151
Reg: 06-01-10
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06-13-14 11:53 AM - Post#169119
In response to ChrisH
I think at this point it's most practical to focus on clearing the misdemeanor record. DTF should bring his water bills to show that he uses practically no water for lawn care. Or even get data from Coserv showing there's an outage in the neighborhood that week to cause the system to reset. It's an honest mistake. Most likely before even talking to the judge the city attorney will negotiate and settle a fine, put you on probation and move on.
The court probably don't care for drama. They wanted to make money in the shortest time. But if DTF insists to clear everything including the fine then it might make it worse. It's hard to fight the court unless you're rich, or you're a lawyer.
Good luck to you DTF. I am sorry to see what happened to you. Seeing this I made sure, even in the middle of my sleep, to go turn off my sprinkler after my water day last week, before I left town for the week. It's not just the fine, but all the hassle the city could put me through that I was worried about.
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ConserveNature
enthusiast
Posts: 174
Reg: 10-15-05
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06-16-14 02:05 PM - Post#169143
In response to DrivinTooFast
What happens if your system gets clogged or runs out of water? I know by the description of your system the 'running out of water' may not occur, but still would like to know.
If I as an individual driving around see you watering on a non-water day, I would call the city. However, I know they would not log into a database to let me know that it is ok because you use recycled water. Don't know how many calls the city would receive about someone watering on non-water days but using recycled water. At least you're trying to water on the schedule given, unlike others who might water whenever they want.
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DrivinTooFast
enthusiast
Posts: 1874
Reg: 02-20-08
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06-16-14 03:28 PM - Post#169148
In response to ConserveNature
That's exactly why I usually water with the rest of the neighborhood. My timer was off due to the storms that went through.
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DrivinTooFast
enthusiast
Posts: 1874
Reg: 02-20-08
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06-16-14 03:29 PM - Post#169149
In response to ChrisH
In my opinion, I think he should water only on the defined day, using his system or not. It probably causes a lot of headaches for the city when someone is watering on a day other than the one defined for their area. They probably have to deal with calls from neighbors, send out employees to check, fill out the paperwork, etc...
If the city was to create a database of people who use their own systems, and those people are required to place signage in their yard indicating this, then I could see watering on an off day being allowed. This may even cause others to do the same.
Signage can be a problem in some of our HOAs. At least is in in my HOA.
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DrivinTooFast
enthusiast
Posts: 1874
Reg: 02-20-08
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06-16-14 03:30 PM - Post#169150
In response to vm7mm
How does another's violation excuse DTF violation? I don't think the analogy works at all. Better is to show that X is allowed to water off date because they use their own water and that is what DTF was doing with his system.
He will have to prove that he was using "his" system, that will be pretty hard to do. After all, he did say his timer was off schedule.
Last time I checked, the city has to prove I was NOT using my system. Burden of proof is still on the prosecution.
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SB
enthusiast
Posts: 1551
Reg: 09-07-03
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06-16-14 04:07 PM - Post#169152
In response to DrivinTooFast
The violation is for watering on an unauthorized day. It doesn't sound as if there is a dispute about this and the proof is probably first hand observation. YOU are claiming extenuating circumstances and asking for the violation to be excused. It would seem that the burden is on you.
(Still, hoping that you are able to prevail)
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ChrisH
enthusiast
Posts: 442
Reg: 07-30-08
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06-17-14 06:42 AM - Post#169162
In response to DrivinTooFast
In my opinion, I think he should water only on the defined day, using his system or not. It probably causes a lot of headaches for the city when someone is watering on a day other than the one defined for their area. They probably have to deal with calls from neighbors, send out employees to check, fill out the paperwork, etc...
If the city was to create a database of people who use their own systems, and those people are required to place signage in their yard indicating this, then I could see watering on an off day being allowed. This may even cause others to do the same.
Signage can be a problem in some of our HOAs. At least is in in my HOA.
I doubt the HOA would have any say in it if the city said it was mandatory. I am also not talking about some huge political type sign, just a small sign like the ones the security systems supply.
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Al C
enthusiast
Posts: 5920
Loc: McKinney/Allen, TX
Reg: 02-16-01
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06-21-14 04:08 PM - Post#169257
In response to ChrisH
Probably a lot of future watering citations in McKinney starting next month. Every other week watering begins on July 1.
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DrivinTooFast
enthusiast
Posts: 1874
Reg: 02-20-08
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06-22-14 10:22 AM - Post#169266
In response to SB
The violation is for watering on an unauthorized day. It doesn't sound as if there is a dispute about this and the proof is probably first hand observation. YOU are claiming extenuating circumstances and asking for the violation to be excused. It would seem that the burden is on you.
(Still, hoping that you are able to prevail)
Mine is a watering time issue after my controller got buzzed by the storm. Honestly, I did not even want the system to be on since we already received enough rain.
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DrivinTooFast
enthusiast
Posts: 1874
Reg: 02-20-08
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06-22-14 10:23 AM - Post#169267
In response to DrivinTooFast
Does anyone even have a 14 day controller??
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Al C
enthusiast
Posts: 5920
Loc: McKinney/Allen, TX
Reg: 02-16-01
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06-22-14 03:03 PM - Post#169273
In response to DrivinTooFast
Just turned mine off for the week. Rain in the forecast every day until next Sunday.
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ryanw
member
Posts: 47
Reg: 06-03-08
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06-22-14 03:52 PM - Post#169274
In response to DrivinTooFast
Sure....I have a "Bluespray" controller...you can set it to any schedule you would like, including every 14 days. It's controlled through your computer/tablet/phone, no dials or controls anywhere on the controller box itself. There are any number of 'smart' controllers out there, and most of them allow this.
Bluespray Website
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readingu
enthusiast
Posts: 728
Reg: 02-08-04
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06-22-14 05:48 PM - Post#169275
In response to ryanw
10 year old device. Just set all the times for whatever zones but NO days. Then the day that is allowed go switch it to the designated holy day. Then the day after that holy day switch off. Works and saves me 300 bucks. Not an engineered egotist, just someone with a little logic to pass on.
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rclark
enthusiast
Posts: 813
Loc: Allen, TX
Reg: 01-16-08
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06-23-14 07:57 AM - Post#169279
In response to readingu
...saves me 300 bucks...
Until you forget to turn it off and get a 300 dollar ticket.
I'm cheap, too, and I'm practicing what you preach, but it is just a matter of time before I mess up. Looks like mercy is probably not going to be an option then.
Two plus two equals five, for sufficiently large values of two.
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csquare
enthusiast
Posts: 627
Loc: Allen
Reg: 01-16-08
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06-23-14 08:24 AM - Post#169281
In response to DrivinTooFast
If I'm not mistaken, programming a 14 day controller almost ensures that you WILL get a ticket. If you are allowed to water the first and third weeks and you run into one of those months that has a FIFTH one of your watering days, a 14 day controller will have you watering on the wrong day.
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