HomeMy WebLinkAboutOrdinance_436_06/18/1992 ORDINANCE NO. 4 36
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AMENDING CHAPTER 13. 1, ARTICLE V OF
THE CODE OF ORDINANCES OF THE VILLAGE OF
TEQUESTA CONCERNING WATER PROTECTION AND
CONSERVATION; PROVIDING FOR APPLICATION AND
AUTHORITY; PROVIDING DEFINITI ONS; PROVIDING
FOR RESTRICTIONS; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR ENFORCEMENT AND PENALTIES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ORDINANCES IN CONFLICT; PROVIDING
FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the South Florida Water Management District has
adopted a "Water Shortage Plan", codified as Chapter 40E-21,
Florida Administrative Code, for the conservation and distribution
of water resources during times of shortage; and
WHEREAS, there is a need to conserve the water resources of
the Village of Tequesta; and
WHEREAS, it is the intent and policy of the Village of
Tequesta Village Council to ensure the continued health, safety,
welfare and quality of life for the residents of and visitors to
the Village of Tequesta; and
WHEREAS, the Village of Tequesta finds that it is in the best
interests of the citizens of the Village of Tequesta to enact an
ordinance imposing permanent restrictions on landscape irrigation.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section i. Applicability; Authority.
(a) All provisions of this Ordinance shall be
effective within the water service areas of the Village
of Tequesta, Florida, and shall set restrictions,
constraints and prohibitions to enhance the Village of
Tequesta's water resources and provide a permanent water
conservation measure. Unless otherwise provided, nothing
in this Ordinance shall be construed to relieve any
person from compliance with any applicable regulations
enacted by any agency of the State of Florida having
jurisdiction over water resources in the Village of
Tequesta.
` (b) This Ordinance is adopted under the authority
of Chapter 125, Florida Statutes.
Section 2. Purpose.
The purpose of this Ordinance is to establish a
regulatory framework and guidance document which will
help ensure consistent water and landscape irrigation
conservation throughout the Village of Tequesta.
Section 3. Definitions.
The following definitions shall apply within this
ordinance:
(1) Code Enforcement Officer~Code Inspector. Any
authorized agent or employee of the Village of
Tequesta whose duty is to ensure compliance
with the provisions of this Ordinance,
including, but not limited to, designated
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employees of the Police, Building, Code
Enforcement, and Water Departments.
(2) Impervious Areas. Land surfaces which do not
allow the penetration of water including, but
not limited to, paved roads, sidewalks,
driveways, parking lots and highly compacted
areas including shell and clay.
(3) Low-volume Irrigation System (Micro-
irrigation). That type of equipment or
irrigation device designed to provide small
quantities of water on or below the soil
surface as drops or tiny streams of spray
through emitters or applicators placed along a
water deliver line. Microirrigation includes,
but is not limited to, methods or concepts
such as bubbler, drip, trickler, mist, or
microspray, and subsurface irrigation.
(4) Person. Includes any natural person,
individual, public or private corporation,
firm, association, joint venture, partnership,
municipality, governmental agency, political
subdivision, public officer or any other
entity whatsoever, or any combination of such,
jointly or severally.
• Section 4. Restrictions.
(a) Irrigation of any residential, commercial,
institutional, governmental or industrial landscape areas
shall be restricted to the hours of 5:00 p.m. to 9:00
a.m.
(b) It shall be unlawful to operate or cause the
operation of any irrigation system or device in a manner
causing water to be wasted, including, but not limited to
unnecessary watering of impervious areas, other than that
which may occur incidental to the proper operation of the
irrigation system.
Section 5. Exemptions.
The following activities shall be exempt from the
provisions of this ordinance:
(1) Landscape irrigation by hand watering using a
self canceling nozzle or low-volume irrigation
system.
(2) Landscape irrigation by systems from which the
sole source is treated waste water effluent.
(3) The operation of irrigation systems for system
repair and maintenance; however such operation
shall be limited to ten minutes per zone per
week.
(4) Flushing of water mains required for normal
water main clearance and maintenance and for
maintenance of water quality; however, where
practical, contractors and utilities shall
direct flushed water into pervious areas,
flush at the minimum rate necessary for
cleaning, and disperse the water in such a
manner to benefit local vegetation.
(5) Landscape irrigation for purposes of watering
in fungicides, insecticides, herbicides,
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pesticides and fertilizers as required by the
manufacturer or by federal or state laws;
however, this exemption applies only to
licensed pest control operators and shall be
limited to manufacturer's recommendations
which must be completed within twenty-four
hours of application. Further, such
operators must be on premises when such
watering takes place outside the hours allowed
for irrigation by Section 18-32(a).
Section 6. Enforcement.
(a) Failure to comply with the requirements of this
Ordinance shall constitute a violation of a Village of
Tequesta Ordinance, and may be punished as provided by
Section 18-26 of this Chapter. Each day in violation of
this Ordinance shall constitute a separate offense.
Violations of the provisions of this Ordinance may also
be punished, pursuant to Chapter 163, Florida Statutes,
by a fine not to exceed Two Hundred Fifty Dollars
($250.00) per day for a first violation, and Five Hundred
Dollars ($500.00) per day for a repeat violation.
(b) In addition to the sanctions contained herein,
the Village of Tequesta may take appropriate action,
including but not limited to service disconnection,
administrative action and requests for temporary and
permanent injunctions, to enforce the provisions of this
Ordinance.
(c) Violations of this Ordinance punishable by
civil fine pursuant to Chapter 163, Florida Statutes,
shall be referred to the Code Enforcement Board.
(d) All monies collected pursuant to this Ordinance
shall be deposited in the General Fund of the Village.
(e) Repeat violations of this Section may be cause
for water service disconnection by the Village of
Tequesta.
Section 7. Severability. If any provision of this
Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of
this Ordinance which can be given effect without the invalid
provisions or applications, and to this end, the provisions of this
Ordinance are hereby declared severable.
' Section 8. Repeal of Ordinances in Conflict. All other
ordinances of the Village of Tequesta, Florida, or parts thereof
which conflict with this or any part of this Ordinance are hereby
repealed.
Section 9. Codification. This Ordinance shall be codified
and made a part of the official Code of Ordinances of the Village
of Tequesta.
Section 10. Effective Date. This Ordinance shall take
effect immediately upon its passage and approval, as provided by
law.
THE FOREGOING ORDINANCE was offered by Councilmember
?~lackail , who moved its adoption. The Ordinance
was seconded by Councilmember Nn~pll and upon
being put to a vote, the vote was as follows:
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FOR ADOPTION AGAINST ADOPTION
Joseph N. Capretta
Earl L. Collins
Edward C. Howell
Ron T. Mackail
The Mayor thereupon declared the Ordinance duly passed and
adopted this ~gth _ day of June , 199 2.
ATTEST:
V' age Clerk
pam\13153-01\uATER2.ORD
MAYO~t OF TEQU STA
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arl Collings
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