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O81-15 ORDINANCE NO. si-/ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE COUNCIL TO PROHIBIT OR CURTAIL CERTAIN NONESSENTIAL USES OF WATER AND TO CONSERVE AVAILABLE WATER RESOURCES DURING A DECLARED WATER SHORTAGE; DEFINING THE TERMS PERTAINING THERETO; PROVIDING FOR APPLICATION OF ORDINANCE, PROVIDING FOR ENFORCEMENT AND PENALTIES, PROVIDING FOR EXCEPTIONS, APPEAL PROCEDURE AND SEVERABILIT¥ CLAUSE, AMENDING AND SUPERSEDING EMERGENCY ORDINANCE PASSED ON MAY 5, i981, AND FOR OTHER PURPOSES. PREAMBLE This Ordinance is deemed to be an emergency measure pro- viding for the immediate preservation of public peace, property, health~ or safety, and for the daily ~operation of the city of Boynton Beach. WPIEREAS, a water shortage or water shortage emergency has been declared by the South Florida Water Management District; and WHEREAS, during said times of water shortage the level of water storage and groundwater supplying the City of Boynton Beach may become perilously low; and WHEREAS, water shortage conditions may contribute to the impact of saline water intrusion; and WHEREAS, the existence of said conditions make it impera- tive to the public well being that certain nonessential uses of water be restricted or curtailed and that available water resources be conserved; and WHEREAS, the South Florida Water Management District, a public corporation of the State of Florida, charged with the responsibility of the protection of the water resources within the District, so as to realize their full beneficial use, has declared a water shortage or water shortage emergency and has ordered the curtailment or restriction of certain uses of water. NOW, THEREFORE, BE IT ORDAINED BY THE CITY CQUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA.: Section 1. Definitions. For the purpose of this Ordinance, the following terms, phrases, words and their derivatfons shall have the meaning given herein. When not inconsistent with the context, words used to 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) "City" is the City of Boynton Beach, Florida. (b) ~"Water" is water taken from any groundwater system, surface water system or public water supply. Section 2. Application. The provisions of this Ordinance shall apply to all users of water from any source within the corporate limits of the City o Boynton Beach, F lorida. Section 3. Implementation. A. Restriction or Curtailment of Water Uses During a declared 25% reduction certain nonessen- tial uses of water are restricted or curtailed during the existenc of this water shortage. These shall include, but are not limited to the following: 1. The sprinkling, watering or irriga%ing of shrubbery, trees, lawns, grass, ground covers, plants, vines, and gardens shall be limited to the hours of 6:00 - 9:00 A.M. with~"-~.~ no more than 20-25 minutes of watering for any one area during this period. Further, such uses of water shall be authorized: a) For property having an odd-numbered street address, only on odd-numbered days. b) For property having an even numbered street address, only on even-numbered days. c) The provisions of this part (1) (a-b) shall not apply to those water uses granted water use permits by the District. -2- d) Complex irrigation systems with several pumps and several time clocks and multiple heads exceeding four cycles from one time clock may extend their hours before 6:00 A.M. (but in no case can they water after 9:00 A.M.) in order to allow alternate day watering at no more than 20-25 minutes per head. 2. The escape of water through'~defedtive plumbing, which means to knowingly allow water to escape through a system that is in disrepair. 3. The washing of sidewalks, driveways, porches, exterior of homes, apartments or other outdoor surfaces. 4. The washing of business or. industrial equip- ment and machinery, except as required for public health. 5. The operation of any ornamental fountain or other structure using water with or without a recirculating system. 6. The filling of sw~nming pools and wading pools not using a filter and recirculating system. 7. The washing of automobiles, trucks, trailers, railroad cars, mobile homes, campers, boats or any other type of mobile equipment, except at a business enterprise established for such purpose. 8. The use of water for dust control, except as required for public health. 9. Irrigation of new sod or bushes ~will be for a reasonable time required to prevent loss. C. If additional water use restrictions are imposed by the South Florida Water Management District of greater than 29%, the City Manager is hereby granted authority to adjust the water use regulations accordingly until the next meeting of the City Council. Section 4. Enforcement. Every Police Officer and Building Department official, authorized by the City Manager, of the City of Boynton Beach shall in connection with all other duties imposed by law, enforce the provisions of this law. --3-- Section 5. Penalties. Violation of any provision of this Ordinance shall be subject to the following penalties: First violation .................... $25.00 Second violation ................... $50.00 Third Violation .................... $75.00 Subsequent violations .............. Shall be a misdemeanor of the second degree punishable up to 60 days in jail and/or a $500 fine. Section 6. Appeals. Any person seeking a variance from the provisions and enforcement of this ordinance shall have the right to apply for a variance first to the City Manager and then to the City Council. Variances will only be granted where the applicant demonstrates a bonafide hardship, unique to his particular situation or property. All records will be available and furnished upon request, to determine water usage restricted by this Ordinance. Section 7. Exception to Maintain Sanitation. The City Council upon the recommendation of the City Manager or Department of Environmental Regulation or upon its own recognizance shall have the authority to permit a reasonable use of water in any case necessary to.~maintain adequate health and sanitation standards. A letter from the City Manager to the City Council shall be required to permit such reasonable use of water during a water shortage or water shortage emergency situation. Section 8. Ordinances Repealed. A~ll ordinances or parts of ordinances in conflict herewit~ be and the same are hereby repealed and the Emergency Ordinance on this same subject matter, passed by the City Council on May 5, 1981, is hereby specifically repealed and superseded. Section 9. Severability. In the event that any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or -4- word be declared by a court of competent jurisdiction to be invalid, such a.d~c:~a~-n~ shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 10. Water Uses to Accept Provisions of Ordinance . No water service shall be furnished to any person in the City unless the-person agrees to accept all the provisions contained in this ordinance. The acceptance of water service shall be in itself the acceptance of the provisions herein. Section 11. Effective Date. This Ordinance is deemed to be an emergency measure and shall take effect immediately upon passage. PASSED AND ADOPTED this /~ day of ~~ , 1981. // CITY OF BOYNTOI~BEACH, FLORIDA C6~ciA Me~er /~ / Co~cil Me, er ATTEST: City Clerk (Corp. Seal) -5-