Loading...
O81-14 ORDINANCE NO. 81- AN EMERGENCY 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 EMERGENCY; DEFINING 'THE TERMS PERTAINING THERETO; PROVIDING FOR APPLICATION OF ORDINANCE, PROVIDING FOR ENF.ORCEM~NT AND PENALTIES, PROVIDING FOR EXCEPTIONS, APPEAL PROCEDURE AND SEVERABILITY CLAUSE AND FOR OTHER PURPOSES. PREAMBLE This Ordinance is deemed to be an emergency measure providing for the immediate preservation of public peace, property, health or safety, and for the daily operation of the City of Boynton Beach. WHEREAS, 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 resour~ be conserved; and WHEREAS, the South Florida Water Management District, a )ublic 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 COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA.: Section 1. Definitions. For the purpose of this Ordinance the following terms, phrases, words and their derivations 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. (1) (a) The word "shall" is always mandatory and not merely "City" is the City of Boynton Beach,, Florida. (b) "water Shortage" or '%4ater Sho~rtage Emergency" is the i~declaration of such by the Governing Board or the Executive Director :-of the South Florida Water Managemen~ District pursuant to Chapter 11373, Florida Statutes. (c) "Water" is water taken from any groundwater system, isurface water system or public water supply. Section 2. Application. The provisions of this Ordinance shall apply to all users of ~'water within the corporate limits of the City of Boynton Beach, iiFlorida. Section 3. Implementation A. Authority to Implemen.t The City finds that a wa-ter shortage exists when a i~ate~ shortage or water shortage emergency is declared by the South ~F16rida: Water Management District which includes the corporate :!limits of the City of Boynton Beach, Florida. ~ B. Restriction or Curtailment of Water Uses ~ Certain nonessential uses of water shall be r~strict- ed or curtailed during the existence of a water shortage ~r water shortage emergency. These shall include, but are not limited to the following: I. The sprinkling, watering or irrigating of shrubbery, trees, lawns, grass, ground covers, plants, vines, and gardens shall be limited to' the hours of 4:00 - 6~.O0 A.M. such uses o.f water shall be authorized: Further, a) For property having an odd-numbered street 'address, only on odd-numbered days. b) For property having an even numbered s~reet address, only on even-numbered days. (2) c) The provi~ :not apply to those water uses graf District. · lions of this part (1) (a-b) shall ~ted water use permits by the The escape of water through defective plumbing, iwhich~ means to knowingly allow water to escape through a system ithat is in disrepair. 3. The washing of sidewalks, driveways, porches iexterior of homes, apartments or other outdoor surfaces. 4. The washing of business or industrial equipment and machinery, except as required for public health. 5. The operation of any ornamental fountain or i~ther structure using water with or without a recircutating system. 6. The filling of swimming pools and wading pools inet using a filter and rec±rculating system. 7. The washing of automobiles trucks, trailers, :railroad cars, mobile homes, campers, boats or any other type of i~obile equipment, except at a business enterprise established for iSuch purpose. 8.The use of water for dust control, except as re- iq, aired for public health. : f Section 4. Enforcement. * and Building Dept. Official a~ designated by the City Manager i Every Police Officer of the City of Boynton Beach/shall in connection with' all other duties, imposed by law, diligently enforce the provisions of this law. Section 5. Penalties. Violation of any provision of this Ordinance shall be sub- ject to the following penalties:. First violation .......... $25.00 Second Violation .......... 50.00 Third Violation. ~ Subsequent Violations .... Misdemeanor as authorized by the City of Boynton Beach Code of Ordinances. (3) ~ Section 6. Appeals Any person aggrieved by the provisions and enforcement of this ordinance shall have the right to appeal the decision to the City Council. All records will be available and furnished upon request, to determine water usa~ge 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 s it ua t ion. Section 8. Ordinances Repealed Ail ordinances or parts of ordinances in conflict herewith and the s!~me are hereby repealed. Section 9. Severability In the event that any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such a decision 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 shal 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. (4) 1981. ATTEST: PASSED AND ADOPTED THIS CITY OF BOYNTON BEACH, FLORIDA Mayor / (Corp. Seal)