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)