Loading...
Item F1 c; \My Documents\Misc Docs\FSB Model Water Shortage Ordinance v..:A1.P b.t.- &VvL o..d...d r {>-} -I In ~ 1 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2 MODEL WATER SHORTAGE ORDINANCE 3 ORDINANCE NO. 4 rY't::n~ AN ORDINANCE OF [COUNTY/GNf!(.j, FLORIDA; PROVIDING FOR LOCAL IMPLEMENTATION OF THE 5 6 WATER SHORTAGE PLAN OF THE SOUTH FLORIDA 7 MANAGEMENT WATER DISTRICT; PROVIDING 8 DEFINITIONS; PROVIDING FOR ENFORCEMENT AND 9 PENAL TIES; PROVIDING FOR CODIFICATION; 10 REPEALING ANY INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, a water shortage or water shortage emergency may be declared from time to time by the South Florida Water Management District affecting fnon~ [CountJ'lfUW', and 14 15 16 WHEREAS, during such water shortage condition the amount of surface and groundwater supplies may become insufficient to meet current or anticipated demands; 17 18 and 19 WHEREAS, upon the existence of such conditions it becomes imperative to the 20 public well being that certain uses of water be restricted or curtailed and that available 21 water resources be allocated; and Page 1 of 6 fj 23 c; \My DocumentslMisc Docs\FSB Model Water Shortage Ordinance 1 WHEREAS, the South Florida Water Management District has primary responsibility under Chapter 373, Florida statutes, for regulating water use and 2 3 allocating available water supplies during periods of water shortage; and 4 WHEREAS, the South Florida Water Management District has adopted a 'Water Shortage Plan", codified as Chapter 40E-21, Florida Administrative Code, for the 5 6 purpose of allocating and conserving the water resource during periods of water shortage and maintaining a uniform approach towards water use restrictions; and 7 8 WHEREAS, the South Florida Water Management District has requested the f1lonree- assistance of [CountylBiIJ1l in the enforcement of the provisions of the 'Water 9 10 Shortage Plan"; and ~ 11- mOIl~G>.htvwy,\~s:'~ WHEREAS, it is the desire of the [g.gVfXFI:lIg botJ)18f a'CguntY!Jli!llJ to provide the South Florida Water Management District with all possible assistance in the enforcement of the provisions of the "Water Shortage Plan" during a water shortage or water shortage emergency; and 11 12 13 14 15 WHEREAS, Section 373.609, Florida Statutes, provides that it shall be the duty 16 of county~ governmental and law enforcement officials to assist the South 17 Florida Water Management District in the enforcement of Chapter 373, Florida Statutes, and any rules adopted thereunder, upon request by the South Florida Water 18 19 Management District; and ~ of (Ybrw~.. COt.-y\.~ ~iYVY'I:s.s-j~ WHEREAS, the [fJlJu"""_:rzg BsBy} af th6 ...S6f!JffJPYMI."W} hereby finds and declares that adoption of this ordinance is necessary, appropriate, and in the public 20 21 22 interest of citizens of this community; now therefore: !30~ ~ (Ylot"\~ G;;~ CO~3;-..t/b-~~ BE IT ORDAINED BY THE l-G{}VCR, -:6 BBtJt] 0.... OUN I yJt;IT}1 FLOltlfblt: Page 2 of 6 C; \My Documents\Misc Docs\FSB Model Water Shortage Ordinance through , Code of Ordinances are hereby created 1 SECTION 1. Sections 2 to read: 3 4 ARTICLE _ WATER SHORTAGE REGULATIONS 5 6 Section INTENT AND PURPOSE 7 It is the intent and purpose of this Article to protect the water resources of 8 ICr:;:JiMJ from the harmful effects of overutilization during periods of water 9 shortage and allocate available water supplies by assisting the South Florida Water 10 Management District in the implementation of its water Shortage Plan. 11 Section DEFINITIONS 12 For the purpose of this Article the following terms, phrases, words and their derivatives 13 shall have the meaning given herein. When not inconsistent with the context, words 14 used in the present tense include the future, words in the plural include the singular. and 15 words in the singular include the plural. The word "shall" is always mandatory and not 16 merely directory. 17 (a) "District" is the South Florida Water Management District. 18 (b) "Person" is any person, firm, partnership, association, corporation, 19 company, or organization of any kind. 20 (c) "Water resource" means any and all water on or beneath the surface of 21 the ground, including natural or artificial water courses, lakes, ponds, or 22 diffused surface water, and water percolating, standing, or flowing beneath the surface of the ground. 23 Page 3 of 6 c; \My Documents\Mlsc Docs\FSB Model Water Shortage Ordinance 1 (d) "Water shortage condition" is when sufficient water ii not available to 2 meet present or anticipated needs of persons using the water resource, or 3 when conditions are such as to require temporary reduction in total water 4 usage within a particular area to protect the water resource from serious 5 harm. A water shortage usually occurs due to drought. 6 (e) "Water shortage emergency" means that situation when the powers 7 which can be exercised under part II of chapter 40E-21, Florida 8 Administrative Code, are not sufficient to protect the public health, safety, 9 or welfare, or the health of animals, fish or aquatic life, or a public water 10 supply, or commercial, industrial, agricultural, recre,ational or other 11 reasonable uses. 12 Section APPUCATION OF ARTICLE 13 The provisions of this Article shall apply to all persons using the water resource within 14 the geographical areas subject to the "water shortage" or "water shortage emergency," 15 as determined by the District, whether from public or privately owned Water utility 16 systems, private wells, or private connections with surface water bodies. This Article 17 shall not apply to persons using treated effluent or saltwater. 18 Section AMENDMENTS TO WATER SHORTAGE PLAN 19 Chapter 40E-21, Florida Administrative Code, as it may be amended from time to time, 20 is incorporated herein by reference as a part of the (County~J Code. 21 Section DECLARATION OF WATER SHORTAGE; WATER SHORTAGE 22 EMERGENCY Page 4 of 6 C; \My Documents\Misc Docs\FSB Model Water Shortage Ordinance 1 The declaration of a water shortage or water shortage emergency within all or any part ..1t-t.~::;' Co ~ V>>11\n-\,Sirfn-u.- 2 of [CW'qtj1'Cify] by the Governing Board or the Executive Director of the District shall 3 invoke the provisions of this Article. Upon such declaration all water use restrictions or ("Y)o '" ~ 4 other measures adopted by the District applicable to [County/WlI!I], or any portion 5 thereof, shall be subject to enforcement action pursuant to this Ordinance. Any violation 6 of the provisions of Chapter 40E-21, Florida Administrative Code, or any order issued 7 pursuant thereto, shall be a violation of this Article. 8 Section ENFORCEMENT 9 Every police officer or sheriff having jurisdiction in the area governed by this Article 10 shall, in connection with all other duties imposed by law, diligently enforce the 11 provisions of this Ordinance. In addition, the [County~ [AdministratorlA '7f!11 12 may also delegate enforcement responsibility for this Ordinance to agencies and 13 departments of [County/"" governmen~iti~i iR U._ ~"I v:..._ -; "''i. governed by 14 this Ordinance, in accordance with state and local law. 15 Section PENAL TIES 16 Violation of any provision of this Article shall be subject to the following penalties: 17 First violation $25.00 18 Second and subsequent violations Fine not to exceed $500 19 and/or imprisonment in the 20 County jail not to exceed 60 21 days 22 Each day in violation of this Article shall constitute a separate offense. In the initial 23 stages of a Water shortage or water shortage emergency, law enforcement officials may Page 5 of 6 c; \My Documents\Misc Docs\FSB Model Water Shortage Ordinance 1 provide violators with no more than one written warning. The [County., in addition 2 to the criminal sanctions contained herein, may take any other appropriate legal action, 3 including but not limited to emergency injunctive action, to enforce the provisions of this 4 Article. 5 Section WATER USERS TO ACCEPT PROVISIONS OF ARTICLE 6 No water service shall be furnished to any person by a public or private utility unless 7 such person agrees to accept all the provisions of this Article. The acceptance of water 8 service shall be in itself the acceptance of the provisions thereof. 9 SECTION 2. Codification of this Ordinance is hereby directed and authorized. 10 SECTION 3. All ordinances or parts of ordinances in conflict herewith be and the same 11 are hereby repealed. 12 SECTION 4. If any section, sentence. clause or phrase of this Ordinance is held to be 13 invalid or unconstitutional by any Court of competent jurisdiction, then said holding shall 14 in no way affect the validity of the remaining portions of this Ordinance. 15 SECTION 5. This Ordinance shall take effect immediately upon adoption ~1-co~ COfY'\,..,....J~IO~.... 16 PASSED AND DUL V ADOPTED by the [gol t6f,.H'!j l.JJrJj'/ gJ. [C8tJ~J, Florida 17 this day of .20_. 18 19 . - . . - LOCAL EXECUTION PROVISIONS 20 For information on this model ordinance. please contact: 21 Office of Counsel 22 South Florida Water Management District 23 3301 Gun Club Road 24 P.O. Box 24680 25 West Palm Beach. Florida 33416-4680 26 Tel: (305) 686-8800 or (800) 432-2045 (toll free) Page 6 of 6