O85-36ORDINANCE NO. ~
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 26. WATER, SEWERS AND CITY UTILITIES,
ARTICLE III. CURTAILMENT OF NONESSENTIAL
USES OF WATER DURING WATER SHORTAGE, OF THE
CODE OF ORDINANCES, CITY OF BOYNTON BEACH,
FLORIDA, BY REPEALING IN THEIR ENTIRETY
SECTIONS 26-38 THROUGH 26-45, INCLUSIVE,
AND SUBSTITUTING IN THEIR PLACE
SECTIONS 26-38 THROUGH 26-45, INCLUSIVE;
PROVIDING FOR LOCAL IMPLEMENTATION OF THE
WATER SHORTAGE PLAN OF THE SOUTH FLORIDA
WATER MANAGEMENT DISTRICT; PROVIDING
DEFINITIONS; PROVIDING FOR THE APPLICATION
OF SAID ORDINANCE; PROVIDING FOR ADOPTION
OF CHAPTER 40-E-21, FLORIDA ADMINISTRATIVE
CODE; PROVIDING GUIDELINES IN THE EVENT OF
THE DECLARATION OF A WATER SHORTAGE OR WATER
SHORTAGE EMERGENCY; PROVIDING FOR ENFORCEMENT
AND PENALTIES; PROVIDING A CONFLICTS CLAUSE,
A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE;
PROVIDING AUTHORITY TO CODIFY; AND FOR OTHER
PURPOSES.
WHEREAS, a water shortage or water shortage emergency
may be declared from time to time by the South Florida Water
Management District affecting the City of Boynton Beach, Florida;
and
WHEREAS, during such water shortage condition, the
amount of surface and groundwater supplies may become insufficient
to meet current or anticipated demands; and
WHEREAS, upon the existence of such conditions, it
becomes imperative to the public well-being that certain uses of
water be restricted or curtailed and that available water
resources be allocated; and
WHEREAS, the South Florida Water Management District
has primary responsibility under Chapter 373, Florida Statutes,
for regulating water use and allocating available water supplies
during periods of water shortage; and
WHEREAS, the South Florida Water Management District
has adopted a "Water Shortage Plan", codified as Chapter 40E-21,
Florida Administrative Code, for the purpose of allocating and
conserving the water resource during periods of water shortage
and maintaining a uniform approach towards water use restrictions
and
WHEREAS, the South Florida Water Management District
has requested the assistance of the City of Boynton Beach in
the enforcement of the provisions of the "Water Shortage Plan"; an
WHEREAS, it is the desire of the City Council of the
City of Boynton Beach, Florida, to provide the South Florida
Water Management District with all possible assistance in the
enforcement of the provisions of the "Water Shortage Plan" during
a water shortage or water shortage emergency; and
WHEREAS, Section 373.609, Florida Statutes, provides th~
it shall be the duty of municipal governmental and law enforcemen~
officials to assist the South Florida Water Management District
in the enforcement of Chapter 373~ Florida Statutes, and any rules
adopted thereunder, upon request by the South Florida Water
Management District.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1: Chapter 26. WATER, ~SEWERS AND CITY
UTILITIES, ARTICLE III. CURTAILMENT OF NONESSENTIAL USES OF
WATER DURING WATER SHORTAGE. of the Code of Ordinances, City of
Boynton Beach, Florida, is hereby amended by repealing in their
entirety Sections 26-38 through 26-45, inclusive, and by
substituting and creating new Sections 26-38 through 26-45,
inclusive, which shall read as follows:
Sec. 26-38. Intent and purpose.
It is the intent and purpose of this Ordinance
to protect the water resources of the City of
Boynton Beach from the harmful effects of over-
utilization during periods of water shortage an~
allocate available water supplies by assisting
the South Florida Water Management District in
the implementation of its Water ShortaGe Plan.
Sec. 26-39. Definitions~
For the purpose of this Ordinance, the following
terms,.phrases, words and their derivatives shall
have the meanin~ given her~in. When not inconsistent
with the context, words used in the present tense
include the future, words in the plural include the
singular, and words in the singular include the
plural. The word "shall" is always mandatory and
not merely directory.
(a) "District" is the South Florida Water
Management District.
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('b)
"Person" is any person, firm, partnership,
association, corporation, company or
organization of any kind.
(c)
"Water resource" means any and all water
on or beneath the surface of the ground,
including natural or artificial water
courses, lakes, ponds, or diffused surface
water, and water percolating, standing, or
flowing beneath the surface of the ground.
(d)
"Water shortage condition" is when sufficient
water is not available to meet present or
anticipated needs of persons using the water
resource, or when conditions are such as to
req~.ire temporary reduction in total water
usage within a particular area to protect
the water resource from serious harm. A
water shortage usually occurs due to drought.
(e)
"Water shortage emergency" means that situatic
when the powers which can be exercised under
Part II of Chapter 40E-21, Florida Administrat
Code, are not sufficient to Drotect~ the
public health, safety or welfare, or the healt
of animals, fish or aquatic life, or a public
water supply, or commercial, industrial,
agricultural, recreational or other reasonable
uses.
Sec. 26-40. Application of Ordinance.
The provisions of this Ordinance shall apply to all
persons using the water resource within the geographica
areas subject to the "water shortage" or "water shortage
emergency," as determined by the District, whether
from public or privately owned water utility systems,
private wells, or private connections with surface
water bodies.. This Ordinance shall not apply to
persons using treated effluent or saltwater.
Sec. 26-41. Amendments to Water Shortage Plan.
Chapter 40E-21, FlOrida Administrative Code, as same
may be amended from time to time, is incorporated
herein by reference,as part of the City Code.
Sec. 26-42. Declaration of water shortage; water
shortage emergency.
The declaration of a water shortage or water shortage
emergency within all or any part of the City of Boynton
Beach by the Governing Board or the Executive Director
of the District shall invoke the provisions of this
Ordinance. Upon such declaration, all water use
restrictions or othe~ measures adopted bY the District
applicable to the Ci%y of Boynton Beach, or any portion
thereof, shall be subject to enforcement action
pursuant to this Ordinance. Any viOlation of the
provisions of Chapter 40E-21, Florida Administrative
Code, or any order issued pursuant thereto, shall be
a violation of this Ordinance.
Sec. 26-43. Enforcement.
Every-police officer or sheriff having jurisdiction
in the area governed by this Ordinance shall, in
connection with all other dutieS imposed by law,
diligently enforce the provisions of this Ordinance.
In addition, the City Manager may also delegate
enforcement responsibility for this Ordinance to
agencies and departments of City government, or
cities in the service areas governed by this Ordinance,
in accordance with State and local law.
Sec. 26-44. Penalties.
Violation of any provision of this Ordinance shall
be subject to the following penalties:
First violation
$25.00
Second and subsequent
violations
Fine not to exceed $500
and/or imprisonment in
the County Jail not to
exceed 60 days
Each day in violation of this Ordinance shall cc
a separate offense. In the initial stages of a water
shortage or water shortage emergency, law enforcement
officials may provide violators with no more than one
(1) written warning. The City, in addition to the
criminal sanctions contained herein, may take any other
appropriate legal action, including but not limited to
emergency injunctive action, to enforce the provisions
of this Ordinance.
Sec. 26-45. Water users to accept provisions of
No water service shall be furnished to any person by
a public or private utility unless such pe'rson agrees
accept all the provisions of this Ordinance. The
acceptance of water service shall be in itself the
acceptance of the provisions thereof.
Section 2: Ail ordinances or
conflict herewith are hereby repealed.
Section 3: Should any sec
parts of ordinances in
Dr provision of this
Ordinance or any portion thereof be
~ed by a court of
comPetent jurisdiction to be inval
decision shall not
affect the remainder of this Ordinan
Section 4: Specific autho
s hereby given to
codify this Ordinance.
Section 5: This Ordinance shall
immediately upon passage.
FIRST READING this
198 ~ .
day o~
of
SECOND READING AND FINAL PASSAGE this
!
become effective
day
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ATTEST:
THE CITY OF BOYNTON BEACH, FLORIDA
N~L 'MEMBER
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