Item F1
c; \My Documents\Misc Docs\FSB Model Water Shortage Ordinance
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SOUTH FLORIDA WATER MANAGEMENT DISTRICT
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MODEL WATER SHORTAGE ORDINANCE
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ORDINANCE NO.
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AN ORDINANCE OF [COUNTY/GNf!(.j, FLORIDA;
PROVIDING FOR LOCAL IMPLEMENTATION OF THE
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WATER SHORTAGE PLAN OF THE SOUTH FLORIDA
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MANAGEMENT
WATER
DISTRICT;
PROVIDING
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DEFINITIONS; PROVIDING FOR ENFORCEMENT AND
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PENAL TIES;
PROVIDING
FOR
CODIFICATION;
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REPEALING ANY INCONSISTENT PROVISIONS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
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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
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WHEREAS, during such water shortage condition the amount of surface and
groundwater supplies may become insufficient to meet current or anticipated demands;
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and
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WHEREAS, upon the existence of such conditions it becomes imperative to the
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public well being that certain uses of water be restricted or curtailed and that available
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water resources be allocated; and
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WHEREAS, the South Florida Water Management District has primary
responsibility under Chapter 373, Florida statutes, for regulating water use and
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allocating available water supplies during periods of water shortage; and
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WHEREAS, the South Florida Water Management District has adopted a 'Water
Shortage Plan", codified as Chapter 40E-21, Florida Administrative Code, for the
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purpose of allocating and conserving the water resource during periods of water
shortage and maintaining a uniform approach towards water use restrictions; and
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WHEREAS, the South Florida Water Management District has requested the
f1lonree-
assistance of [CountylBiIJ1l in the enforcement of the provisions of the 'Water
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Shortage Plan"; and
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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
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WHEREAS, Section 373.609, Florida Statutes, provides that it shall be the duty
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of county~ governmental and law enforcement officials to assist the South
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Florida Water Management District in the enforcement of Chapter 373, Florida Statutes,
and any rules adopted thereunder, upon request by the South Florida Water
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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
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interest of citizens of this community; now therefore:
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BE IT ORDAINED BY THE l-G{}VCR, -:6 BBtJt] 0.... OUN I yJt;IT}1 FLOltlfblt:
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, Code of Ordinances are hereby created
1 SECTION 1. Sections
2 to read:
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ARTICLE _
WATER SHORTAGE REGULATIONS
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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,
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company, or organization of any kind.
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(c)
"Water resource" means any and all water on or beneath the surface of
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the ground, including natural or artificial water courses, lakes, ponds, or
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diffused surface water, and water percolating, standing, or flowing beneath
the surface of the ground.
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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
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1 The declaration of a water shortage or water shortage emergency within all or any part
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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:
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First violation
$25.00
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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
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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
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16 PASSED AND DUL V ADOPTED by the [gol t6f,.H'!j l.JJrJj'/ gJ. [C8tJ~J, Florida
17 this
day of
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. - . . - 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)
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