O72-03ORDINANCE NO. 72-3
AN ORDINANCE OF THE CITY OF BOYNTON.BEACHt FLORIDA,
COUNCIL
AUTHORIZING THE CITY ~g~I~l~ TO PROHIBIT OR CURTAIL CERTAIN USES OF
WATER NOT ESSENTIAL TO THE PUBLIC WELL BEING DURING DROUGHT CONDITIONS;
DEFINI~G THE TERMS PERTAINING THERETO; APPLICATION OF ORDINANCE;
PROVIDING FOR PENALTIES; APPEAL PROCEDURE AND SEPARABILITY CLAUSE; AND
FOR OTHER PURPOSES o
Wt{EREAS, from time to time an emergency situation may arise affecting the
City of BOYNTONBEACH whereby an extreme shortage of
water may occur due to prolonged and severe drought conditions; and
WHEREAS: during such emergency conditions the level of water reservoirs
supplying water to the City and water tables and well fields beneath the City
may become perilously low; and
WIIEREAS~ upon the existence of such conditions it becomes imperative to
the public well being that certain uses of water, not essential to the health,
welfare and safety of the City and its inhabitants be restricted or curtailed;
and
WtlEREAS~ the Central and Southern Florida Flood Control District~ a public
corporation of the State of Wlorida~ charged with responsibility for the control
of levels of water within said District has during such drought periods declared
the existence of an emergency situation and ordered curtailment or restriction
of such non-essential use of water;
COUNCIL
NOW~ THEREFORE~ BE IT ORDAINED BY THE CITY ~1~ OF TRE CITY OF
Bo.yn%on 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 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.
(1) "City" is the City of Bo~nzon Beach , Florida.
(2) "Person" is any person, firm, partnership: association~
corporation, company or organization of any kind.
(3) '~ater" is water taken from the City water supply system.
(4) "Emergency Situation" is such a situation as shall be deter-
mined and declared by the Central and Southern Florida Flood
Control District as in existence due to prolonged drought
conditions resuiting in the serious shortage of fresh water
supply to this area or city; or, prior to any determination
or declaration by the Central and Southern Florida Flood
Control District, this City may determine that it has become
seriously affected by any such shortage of water. As a result
Counc~
of either of the foregoing determinations the City ~g
of Boyn~on Beach shall declare an
"emergency situation" and implement the provisions of this
Ordinance,
SECTION 2. APPLICATION OF ORDINANCE
The provision of this Ordinance shall apply to all persons using water both
in and outside the City~ and regardless of whether any person using water shall
have a contract for water service with the City if said water is taken from the
City water supply system.
SECTION 3. RESTRICTION OR CURTAILMENT OF WATER USAGE
At such times as an "emergency situation" is declared by the Central and
Southern Florida Flood Control District as affecting this City or is so declared
Counc~
by the City O~i~regarding the supply of fresh water due to prolonged
Council
drought conditions~ the City g~l~J6~ (or Director of Utilities) is authorized
to implement this Ordinance by ordering the restricted use or absolute curtail-
ment of use of water for certain non-essential purposes including but not
limited to the following:
(I) The sprinkling, watering or irrigating of shrubbery, trees,
lawns~ grass, ground covers, plants, vines, gardens, vegetables.
Council
The City R~m~ (or Director of Utilities) is authorized to
specify certain days and place limitations on the hours or
period of time when lawns and shrubbery may be watered.
(2) The washing of automobiles, trucks, trailers, mobile homes,
campers, boats, railroad cars, or any other type of mobile
equipment; except bona fide business enterprise where vehicle
washing is done.
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(3) The washing of sidewalks, driveways, filling station aprons,
porches, exterior of homes, apartments, office buildings or
other outdoor surfaces.
(4) The washing of any business or industrial equipment and
machinery.
(5) The operation of any ornamental fountain or other structure
usingwater without a recirculating system.
(6) Swimming and wading pools not using a filter and recircutating
systom.
(7) The escape of water through defective plumbing, which shall
mean the knowing permission for defective plumbing to remain
out of repair.
(8) Businesses and industries shall be restricted in the amount
Council
of water which they shall use as ordered by the City ~ol~x~M~[
(or Director of Utilities). Any such restriction shall be
based upon the amount of water needed during normal years in
the particular business amd the severity and peril of drought
conditions existing.
SECTION 4. PENALTIES
Any person violating any provision of this Ordinance or order of the
Council
City ~[~I~ (or Director of Utilities) implementing this Ordinance, shall,
upon conviction, be subject to pay a fine not exceeding five hundred dollars
($500.00) or imprisonment for a period not exceeding sixty (60) days. In
Council
addition, the City ~m~w~ (or Director of Utilities) may suspend water
service from any property when the provisions of this Ordinance have been
violated.
SECTION 5 · APPEALS
Counc~
Whenever the City C~'~I~i (or Director of Utilities)shall issue an
order directing restriction or curtailment of the use of water as provided
herein, or shall suspend water service as a result of a violation of p~ovisions
of this Ordinance, the person aggrieved shall have the right to appeal the
Council Council
decision of the Director of Utilities to the City E~. The City ~
~n shall grant such person a reasonable opportunity to present in writing,
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Council
or at the CC~i~L~'s option in open hearing, his arguments against such
Council
decision of the Director of Utilities. The ~mm~m~zshall consider such
arguments and pertinent facts a~d its decision with respect to such appeal
shall be final.
SECTION 6. EXCEPTION TO MAINTAIN SANITATION
Council
The City ~~ (or Director of Utilities)~ upon the recommendation
of the City Health Officer, or upon its own recognizance shall have the
authority to permit a reasonable use of water in any case necessary to main-
tain adequate health and sanitation standards.
SECTION 7. EXCEPTIONS FOR BUSINESS NECESSARY TO PUBLIC WELFARE
(1) The provisions of this Ordinance shall not apply to any business
or industry which shall be declared by resolution of the City
Council
CX~m~ to be specifically excepted therefrom as necessary
for the public health, safety and welfare.
(2) Business and Industries processing animal, vegetable and mineral
matter for food or human consumption purposes shall be regulated
in the following manner:
The Mayor , ~Ma~X ~g~g~3~ ~
Council
when so ordered by resolution of the City (~g~,
shall hold a public hearing to determine the amount of
water to be used based upon the amount needed during
normal years in the particular business and the severity
and period of the existing drought conditions.
(3) CITY WATER COMPANY PROVIDES INFORMATION. The City Water Company
shall have available and furnish all records necessary to deter-
mine the usages of water restricted by this Section.
SECTION 8. ORDINANCES REPEALED
Ail ordinances or parts of ordinances in conflict herewith be and the same
are hearby repealed.
SECTION 9. SEPARABIL%TY
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 decision shall not affect the validity of the
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remainder hereof as a whole or part thereof other than the part declared to
be invalid.
SECTION 10. WATER USERS TO ACGEPT PROVISIONS OF ORDINANCE
No water service shall be furnished to any person in the City who does not
agree to accept all of the provisions contained in this Ordinance, and all of
the reasonable rules and regulations not inconsistent herewith promulgated by
Council
the City ~i~ for the regulation of water service. The acceptance of
water service from the City shall he in itself the acceptance of the provisions
hereof.
SECTION 11. AUTHORITY
Specific authority is hereby granted to codify this Ordinance.
SECTION 12. EFFECTIVE DATES OF ORDINANCE
This Ordinance shall take effect immediately after its final passage by the
Council
City-6woY~!~xn as provided by the City Charter.
SECOND, FINAL READING IN FULL AND PASSAGE THIS % 5% DAY OF ~J~f'~%/ ,
19Y ~' CITY OF BOYNTON BEACH, FLORIDA
(Corporate Seat)
ATTEST:
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