Ordinance 001-2001
Board of County Commissioners
ORDINANCE NO. 001 - 2001
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AN ORDINANCE DECLARING THAT AN
EMERGENCY EXISTS AND WAIVING NOTICE BY A FOUR-FIFTHS VOTE;
PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER
SHORTAGE PLAN OF THE SOUTH FLORIDA WATER MANAGEMENT
DISTRICT; PROVIDING DEFINITIONS; PROVIDING FOR
ENFORCEMENT AND PENALTIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, a water shortage or water shortage emergency may be declared from
time to time by the South Florida Water Management District (SFWMD) affecting Monroe
County; and
WHEREAS, during such water shortage condition the amount of surface and
groundwater supplies may become insufficient to meet current or anticipated demands;
and
WHEREAS, upon the existence of such conditions it becomes imperative to the
public well being that certain uses of water be restricted or curtailed and that available
water resources be allocated; and
WHEREAS, the SFWMD has primary responsibility under Chapter 373, Florida
Statutes, for regulating water use and allocating available water supplies during periods of
water shortage; and
WHEREAS, the SFWMD has adopted a "Water Shortage Plan", codified as Chapter
40E-21, Florida Administrative Code, for the purpose of allocating and conserving the water
resource during periods of water shortage and maintaining a uniform approach towards
water use restrictions; and
WHEREAS, the SFWMD has requested the assistance of Monroe County in the
enforcement of the provisions of the "Water Shortage Plan"; and
WHEREAS, it is the desire of the Board of County Commissioners of Monroe County
to provide the SFWMD with all possible assistance in the enforcement of the provisions of
the "Water Shortage Plan" during a water shortage or water shortage emergency; and
WHEREAS, Section 373.609, Florida Statutes, provides that it shall be the duty
of county/municipal governmental and law enforcement officials to assist the SFWMD in the
enforcement of Chapter 373, Florida Statutes, and any rules adopted thereunder, upon
request by the SFWMD; and
WHEREAS, the Board of County Commissioners of Monroe County hereby finds and
declares that adoption of this ordinance is necessary, appropriate, and in the public interest
of citizens of this community; now therefore:
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. An emergency is hereby declared and notice waived by a four-fifths
vote.
Section 2. Chapter 2.4, Monroe County Code is hereby created to read:
ARTICLE I - WATER SHORTAGE REGULATIONS
1. INTENT AND PURPOSE
It is the intent and purpose of this Article to protect the water resources of Monroe
County from the harmful effects of overutilization during periods of water shortage and
allocate available water supplies by assisting the SFWMD in the implementation of its water
Shortage Plan.
2. DEFINITIONS
For the purpose of this Article the following terms, phrases, words and their
derivatives 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.
(a) District is the South Florida Water Management District.
(b) Person is any person, firm, partnership, association, corporation, company, or
organization of any kind.
(c) Water resource means any and all water on or beneath the surface of the
ground, including natural or artificial water courses, lakes, ponds, or diffused
surface water, and water percolating, standing, or flowing beneath the surface
of the ground.
(d) Water shortage condition is when sufficient water is not available to meet
present or anticipated needs of persons using the water resource, or when
conditions are such as to require temporary reduction in total water usage
within a particular area to protect the water resource from serious harm. A
water shortage usually occurs due to drought.
(e) Water shortage emergency means that situation when the powers which
can be exercised under part II of chapter 40E-21, Florida Administrative Code,
are not sufficient to protect the publiC health, safety, or welfare, or the health
of animals, fish or aquatic life, or a publiC water supply, or commercial,
industrial, agricultural, recreational or other reasonable uses,
3. APPLICATION OF ARTICLE
The provisions of this Article shall apply to all persons using the water resource
within the geographical areas subject to the "water shortage" or "water shortage
emergency," as determined by the District, whether from public or privately owned Water
utility systems, private wells, or private connections with surface water bodies. This Article
shall not apply to persons using treated effluent or saltwater.
4. AMENDMENTS TO WATER SHORTAGE PLAN
Chapter 40E-21, Florida Administrative Code, as it may be amended from time to time, is
incorporated herein by reference as a part of the Monroe County Code.
s. DECLARATION OF WATER SHORTAGE; WATER SHORTAGE EMERGENCY
The declaration of a water shortage or water shortage emergency within all or any part of
Monroe County by the Governing Board or the Executive Director of the District shall invoke
the provisions of this Article. Upon such declaration all water use restrictions or other
measures adopted by the District applicable to Monroe County, or any portion thereof, shall
be subject to enforcement action pursuant to this Ordinance. Any violation of the provisions
of Chapter 40E-21, Florida Administrative Code, or any order issued pursuant thereto, shall
be a violation of this Article.
6. ENFORCEMENT
Every police officer or sheriff having jurisdiction in the area governed by this Article
shall, in connection with all other duties imposed by law, diligently enforce the provisions of
this Ordinance. In addition, the County Administrator may also delegate enforcement
responsibility for this Ordinance to agencies and departments of Monroe County
government governed by this Ordinance, in accordance with state and local law.
7 . PENALTIES
Violation of any provision of this Article shall be subject to the following penalties:
First violation
$25.00
Second and subsequent violations:
Fine not to exceed $500 and/or imprisonment
in the County jail not to exceed 60 days
Each day in violation of this Article shall constitute a separate offense. In the initial stages
of a water shortage or water shortage emergency, law enforcement officials may provide
violators with no more than one written warning. The County, in addition to the criminal
sanctions contained herein, may take any other appropriate legal action, including but not
limited to emergency injunctive action, to enforce the provisions of this Article.
8. WATER USERS TO ACCEPT PROVISIONS OF ARTICLE
No water service shall be furnished to any person by a public or private utility unless
such person agrees to accept all the provisions of this Article. The acceptance of water
service shall be in itself the acceptance of the provisions thereof.
Section 3. If any section, subsection, sentence, clause or prOVIsion of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such
invalidity.
Section 4. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 5. The provisions of this ordinance shall be included and incorporated in
the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment
thereto, and shall be appropriately renumbered to conform to the uniform numbering
system of the Code.
Section 6. This ordinance shall take effect when a certified copy of this ordinance
has been accepted by the postal authorities of the United States for special delivery by
registered mail to the Secretary of State of the State of Florida in accordance with the
provisions of Florida Statute 125.66(3).
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 18th day of January, 2001.
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BOARD OF COUNTY COMMISSIONERS
J.;;.ONROE COUN1Y, FLORIDA
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BRANCH OFFICE
3111 OVERSEAS HIGHWAY
MAMTIlON, FLORIDA 33050
TEL (305) 289-6021
FAX (305) 289-1145
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD S1REET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
January 23, 2001
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BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33010
TEL. (305) 852-1145
FAX (305) 852-1146
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Elliott Building
401 S Monroe Street
Tallahassee FL 32399-0250
Dear Mrs. Cloud,
,
Enclosed please a find certified copy of Ordinance No. 001-2001 declaring that an emergency
exists and waiving notice by a four-fifths vote; providing for local implementation of the Water
Shortage Plan of the South Florida Water Management District; providing definitions; providing for
enforcement and penalties; providing for severability; providing for the repeal of all Ordinances
inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and
providing an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting in fonnal session on January 18, 2001. Please file for record.
Danny L. Kolhage
Clerk to Circuit Court
and ex officio Clerk to the
Board of County Commissioners
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eputy eterk
Cc: Board of County Commissioners
County Administrator
County Attorney
SFWMD
Municipal Code
Sheriff's Office
Florida Keys Aqueduct Authority
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Library and Information Services
Division of Ucensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERV A nON BOARDS
Historic Rorida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic SI. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic Tampa/Hillsborough County
Preservation Board
RINGLING MUSEUM OF ART
FWRIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DMSION OF ELECTIONS
January 29,2001
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated January 23, 2001 and certified copy of Monroe County
Ordinance No. 01-2001, which was filed in this office on January 29, 2001.
Si~~
Liz Cloud, Chief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 401 South Monroe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427
FAX: (850) 488-7869 . WWW Address: http://www.dos.state.fl.us . E-Mail: election@mail.dos.state.fl.us
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