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.
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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.
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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
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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.
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CITY OF BOYNTOI~BEACH, FLORIDA
C6~ciA Me~er /~
/ Co~cil Me, er
ATTEST:
City Clerk
(Corp. Seal)
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