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Home My WebLink AboutDocumentation_Regular_Tab 9G_5/21/1992 • pf a 4)49 499,ab.p VILLAGE OF TEQUESTA M$N'��FG ,. Irtz? �•�� WATER DEPARTMENT �, pF/Cf s ,,„0 Post Office Box 3474 • 357 T uesta Drive `' •4.� Tequesta, Florida 33469-0474• (407) 575-6230 ��I \. MEMORANDUM: TO: Thomas G. Bradford, Village Manager FROM: Thomas C. Hall , Water System Manager DATE: April 28 , 1992 SUBJECT: Irrigation and Water Conservation Ordinance ' Attached you will find our final Draft of the proposed Ordinance relative to the above . The Town of Jupiter, Palm Beach County and Martin County have . all adopted similar Ordinances which have been reviewed by Skip Randolph ' s office . At this time, we have not found any conflicts with those Ordinances adopted by surrounding communities . As you know, this Ordinance is an important part of our Comprehensive Plan as well as having impact on our future permits through South Florida Water Management District . This Ordinance is written as such that all violators within our municipal boundaries may be brought before the Code Enforcement Board. Violators outside our boundaries who are irrigating with Tequesta System water at improper times , may be subject to service disconnection for repeat violations . If you have no further questions I would like for this 'Ordinance to be placed on the Council Agenda for first reading at ' the May Meeting. ITCH/mk Attachment • Recycled Paper aPer 1` ,L t ORDINANCE NO. �� AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER /g OF THE CODE OF ORDINANCES OF THE VILLAGE OF TEQUESTA BY CREATING ARTICLE III, TO BE KNOWN AS THE "VILLAGE OF TEQUESTA IRRIGATION AND WATER CONSERVATION ORDINANCE"; PROVIDING FOR APPLICATION AND AUTHORITY; PROVIDING DEFINITIONS; 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 1. That the Code of Ordinances of the Village of Tequesta is hereby amended at Chapter 18 by creating Article III, "Irrigation and Water Conservation", containing Sections 18-29 through 18-34, which Article shall read as follows: "ARTICLE III. IRRIGATION AND WATER CONSERVATION 18-29. Short Title; Applicability; Authority (a) This Ordinance shall be known as the "Village of Tequesta Irrigation and Water Conservation Ordinance." (b) 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. (c) This Ordinance is adopted under the authority of Chapter 125, Florida Statutes. 18-30. 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. 1 1 * 18-31. pefinitions. 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 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. 18-32. 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.. 18-33. 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. 2 a (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, 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) . 18-34. 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 2. 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 3. 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 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. 3 Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law.. THE FOREGOING ORDINANCE was offered by Councilmember , who moved its adoption. The Ordinance was seconded by Councilmember and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1991. MAYOR OF TEQUESTA Joseph N. Capretta ATTEST: Village Clerk BRC\13153-01\WATER.ORD 4 •I •