HomeMy WebLinkAboutOrdinance_296_05/12/1981• •
O~DTNANCE N0, 296
AN EMERGENCY ORDINANCE OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING ARTICLE TI,
SECTION 1819, OF THE VILLAGE CODE, CHANGING
THE NAME OF THE AGENCY DECLARING AN EMERGENCY
SITUATION, REDEFINING WATER AND AMENDING
ARTICLE IT, SECTION 1822 OF THE VILLAGE
CODE TO PROVIDE FOR EXCEPTION OF CERTAIN
USERS FROM THIS SECTION; PROVIDING FOR
SEVERABILTTY; PROVIDING FOR CODIFICATION;
PROVIDING FOR ADOPTION AS AN EMERGENCY
ORDINANCE; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA,
AS FOLLOWS:
Section 1. - Article II, Section 18-19 of the Code of Ordinances
of the Village of Tequesta shall be amended to read as follows:
"Emergency Situation" is such a situation as shall be determined
and declared by the South Florida Water Management District as
in existence due to prolonged drought conditions resulting in the
serious shortage of fresh water supply to this area or the Village;
or, prior to any determination or declaration by the South Florida
Water Management District, this Village may determine that it has
become seriously affected by any such shortage of water. As a
result of either of the foregoing determinations, the Village
Council shall declare an "Emergency Situation" and implement
provisions of this Article.
"Water" is water taken from any groundwater system, surface water
system or public water supply.
Section 2. - Article II, Section 18-22, of the Code of Ordinances
of the Village of Tequesta is hereby amended at subparagraph (1) thereto so
as to provide exception for certain users from this section. .Said subparagraph
shall be amended to read as follows:
"(1) The sprinkling, watering or irrigating of shrubbery, trees,
lawns, grass, ground covers, plants, vines, gardens and vegetables.
The Village Council (or Village Manager) is authorized to specify
certain days and place limitations on the hours or period of time
when lawns and shrubbery may be watered.
a) The provisions of this part shall not apply to those
water users granted water use permits by the South Florida
Water Management District.
Section 3. - In the event that any section, subsection, clause,
sentence or provision is held invalid, the remainder of this Ordinance shall
not be affected by such invalidity.
Section 4. - Permission to codify this Ordinance is hereby
granted.
Section 5. - The Village Council of the Village of Tequesta hereby
declares this Ordinance to be of such a nature that it be adopted as an
Emergency Ordinance pursuant to the terms of Section 166.041 (3)(b), Florida
Statutes.
Section 6. - This Ordinance shall take effect immediately upon
its adoption and approval.
THE FOREGOING ORDINANCE was offered by Councilmember
Thomas J, Little who moved its adoption. The Ordinance was
seconded by Councilmember Lee M. Brown and upon
being put to a vote, the vote was as follows;
FOR ADOPTION
Lee i~7, Brown
I,E•sl i e A _ Gnnk
Sr~mas J. Little
W.H. Mapes, Jr,
Carlton D, Stoddard
AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed and
adopted this 12
ATTEST:
yres Colber Village Clerk
day of Ma Y A.D., 1981.
MAYOR OF TEQUESTA
W. H. Mapes, Jr.
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ORDINANCE- N0, _____
AS FOLLOWS
AN EMERGENCY ORDINANCE OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING ARTICLE II,
SECTION 18-19, OF THE VILLAGE CODE, CHANGING
THE NAME OF THE AGENCY DECLARING AN EMERGENCY
SITUATION, REDEFINING WATER AND AMENDING
ARTICLE II, SECTION 18-22 OF THE VILLAGE
CODE TO PROVIDE FOR EXCEPTION OF CERTAIN
USERS FROM THIS SECTION; PROVIDING FOR
SEyERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING FOR ADOPTION AS AN.EMERGENCY
ORDINANCE; PROVIDING AN EFFECTIVE DATE,
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA,
Section 1. - Article II, Section 18-19 of the Code of Ordinances
of the Village of Tequesta shall be amended to read as follows:
"Emergency Situation" is such a situation as shall be determined
and declared by the South Florida Water Management District as
in existence due to prolonged drought conditions resulting in the
serious shortage of fresh water supply to this area or the Village;
or, prior to any determination or declaration by the South, Florida
Water Management District, this Village may determine that it has
become seriously affected by any such shortage of water. As a
result of either of the foregoing determinations, the Village
Council shall declare an "Emergency Situation" and implement
provisions of this Article,
"Water" is water taken from any groundwater system, surface water
system or public water supply.
Section 2. - Article II, Section 18-22, of the Code of Ordinances
of the Village of Tequesta is hereby amended at subparagraph (1) thereto so
as to provide exception for certain users from this section. Said subparagraph
shall be amended to read as follows:
"(1) The sprinkling, watering or irrigating of shrubbery, trees,
lawns, grass, ground covers, plants, vines, gardens and vegetables,
The Village Council (or Village Manager) is authori-zed to specify
certain days and place limitations on the hours or period of time
when lawns and shrubbery may be watered.
a) The provisions of this part shall not apply to those
water user; granted watr~r use p~ri;~its by the South Florida
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Water Management District.
Section 3. - In the event that any section, subsection, clause,
sentence or provision is held invalid, the remainder of this Ordinance shall
not be affected by such invalidity.
Section 4. - Permission to codify this Ordinance, is hereby
granted.
Section 5. - The Village Council of the Village of Tequesta hereby
declares this Ordinance to be of such a nature that it be adopted as an
Emergency Ordinance pursuant to the terms of Section 166.041 (3)(b), Florida
Statutes.
Section 6. - This Ordinance shall take effect immediately upon
its adoption and approval.
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 A.D., 1981.
MAYOR OF TEQUESTA
W. H. Mapes, Jr.
ATTEST:
Cyrese Colbert, Village Clerk
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South Florida
• John R. Maloy, Executive director
ter ar~~gerr~ent District
Post Office Box V 3301 Gun Gub Road
West Palm Beach, Florida 33402
Telephone (305) 686-8800
Florida VVATS Line 1-800-432-2045
IN REPLY REFER T0: 9270
Dear Elected Official:
Today at 10:00 a.m.,
an order declaring a Water
(a copy of the arder and a
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the South Florida Water Management District
Shortage Emergency for all or part of nine
map of the affected area are included).
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Pursuant to Section 373.609, Florida Statutes, every state and county
attorney, sheriff, police officer and other appropriate city and county officials
shall upon request assist the District in the enforcement of the Water Resources
Act and the rules, regulations and orders adopted thereunder.
With the signing of this Emergency Order, the District officially requests
your assistance in enforcing the 10% cutback required of all permitted water users.
Unless we receive some much needed rain very soon, the District will be
forced to increase its 10% water reduction requirement to 25% by early next week,
Accompanying this letter is a model ordinance, the adoption of which should
aid you in implementing and enforcing water conservation measures in your community.
We appreciate your cooperation in this effort, and if u~ae may be of service
during this emergency, please do not hesitate to contact our office.
~incerel ,
JOHN R. MALOY
r Executive Director
JRM/jhs
Enclosures
'?orr;rt L Clark, Jr Robert W .Padrick
Chairman - Fort Lauderdale Vice Chairman -Fort Pierce
Stanley ~V Hole; J. Nail taali:agher Nathaniel P. Reed John L. Hundley Aubrey L. Burnham Charles L. Crumpton Jeanne Bellamy
Na;:4e; St Cloud Hobe Sound Pahokee Okeechobee Miami Shores Coral Gables
counties
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
3301 Gun Club Road
West Palm Beach, Florida
IIV MATTER CF
WATER SHORTAGE .EMERGENCY
EMERGENCY ORDER N0. 81-13
A Water Shortage Emergency is declared by the Executive Director of SOUTH FLORIDA
WATEP. MANAGEMENT DISTRICT pursuant to sections 120.54(9), 120.60(7), 373.11.9(2)(3),.
373.175(4), 373.246(7)(8), 373.603 and 373.609, Florida Statutes and the terms of this
Emergency Order. •-
FINDINGS OF FACT
1. The South Florida Water Management District (District) is a public corporation
established pursuant to Chapter 25270, Laws of Florida,1949, and operating pursuant to
Chapter 373, Florida Statutes and Chapter 16K, Florida Administrative Code, as a multi-
county water management district.
2. The District is responsible for the management, conservation and regulation of
the water resources of the District, which includes groundwater and surFr~~~e waters.
The District is also responsible for the operation of the Central and Southern Florida:
Flood Control Project, which includes flood control, water storage, water supply and
related works and facilities.
3. Since June of 1980, there has been a general deficiency of rainfall. throughout
the District.
4. On May 6, 1981, the level of Lake Okeechobee is 11.21 feet NGVD. The regula-
lion schedule for Lake Okeechobee for May 6, is 15.8 feet NGVD.
5. The Water Conservation Areas are essentially dry with no usable surface water
present.
6. Coastal wellfields are becoming; thrc~eite.ned by salt wat,cr intru:;lun.
7. Immediate mandatory reductions are necessary to prevent serious harm to the
water resources of. the District and to allocate the remaining water resources among
the water users of the District.
CONCLUSIONS OF LAW
8. The Executive Director with the concurrence of the Governing Board is authoriz-`
ed pursuant to subsections 373.175(4) and 373.246(7), Florida Statutes to declare a
water shortage emergency in accordance with sections 120.54(9), 120.60(7) and 373.119,
Florida Statutes. Under a water shortage emergency the. Executive Director may re-
quire that action be taken to apportion, revoke, limit and prohibit user of water.
9. Pursuant to section 373.246, Florida Statutes, the water shortage plan adopted
as Rule 16K-2.12 Florida Administrative Code requires the Governing Board of the Dis-
trict to declare a water shortage. Emergency action is necessary because there is in-
sufficient time for the Governing Board of the District to declare a water shortage.
10. Pursuant to section 373.603, Florida Statutes, the Department of Environmental
Regulation, the Governing Board of the District and. any agent or officer thereof may
enfcirce Chapter 373, Florida Statutes and emergency orders issued thereunder..
11. Pursuant to section 373.609, Florida Statutes every state and county attorney,
sheriff, police officer and other appropriate city and county officials shall ul7on re-
quest, assist the District in the enforcement of Chapter 373, Florida Statutes and the
rules, regulations and orders adopted thereunder.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, the Executive
Director of the District declares a water shortage emergency exists in all or part
of the fcTllowing nine counties: All of Martin, Palm Beach, Broward, Dade and Hendry;
that part of Monroe which embraces the Florida Keys; that part of Glades served by
Lake Okeechobee and the Caloosahatchee River; that part of Okeechobee served by Lake
Okeechobee; and all of Lee except for the Boca Grande peninsula.
Further, the Executive Director of the District orders:
A. That all. permitted water users within the above described <~reas shall reduce
their use of water by 10%. This 10% shall be calculated as follows:
1. A1.1 irrigation uses including, but not limited to agriculture, nurseries
and golf courses, shall be reduced by 10% of the calculated monthly withdrawal as per-
milted.
2. All public water supply uses shall be reduced by+10% of the average pumpage
of the 10 days prior to May 6, 1981.
3. All other permitted water uses shall be reduced by 10% of the calculated
monthly withdrawal, as permitted.
B. That all exempt users of water, including individual wells for domestic use,
shall restrict all nonessential use of water as determined by local government.
C. That all. non-exempt and non-permitted users of water shall cease all water
use.
D. The District requests every city and county commission, state and county attor-
ney, sheriff, police officer and other appropriate local government officials to assist
the District in the enforcement of this Emergency Order.
E. All users of water shall comply immediately, but may petition the Governing
Board for a hearing within 14 days from the date of this Order.
F. The provisions of this Emergency Order shall become ,effective immediately and
shall remain in effect until modified or revoked by the Executive Director or until
acted upon by the Governing Board of Che District.
ORDERED at West Palm Beach, Palm Beach County, Florida, this the 6th day of May,
A. D., 1981.
JOHN R. MALOY, Executive Director
FILED WITH THE CLERK OF THE SOUTH
FLORIDA WATER MANAGEMENT DISTRICT
ON
BY
Deputy Clerk
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From: Village Manager
To: Councilmembers, Village Attorney, Village Clerk, James W. Worth
Subject: .Emergency Council Meeting - Water Use Restrictions
Date: May 6,_1981
As you are aware, the South Florida-Water Management District
has declared a water emergency and directed all public and private utilities,
golf courses, persons on wells for potable water and irrigation water to
reduce their usage by ten percent (10%). The District was to have issued
the order at 10:00 A.M. this date_ If-there is no substantial rainfall by
the first of-next week,-the Water Management District expects to order a .
twenty-five percent (25%) decrease in water usage. The ten percent (10%)
reduction is to be based upon the last ten (10} days pumping, which was as
follows, for the Village:
_~
April 26, 1981 (Sunday} 2,076,000 Gallons
April 27, 1981 (Monday) 2,255,000 Gallons
April 28, 198.1 (Tuesday) 1,920,000 Ga1lon~s
April 29, 1981 (Wednesday) 2,314,000- Gallons
April 30, 1981 (Thursday) 2,130,000 Gallons
May 1, 1981 (Friday) 2,475,000 Gallons
May 2, 1981 (Saturday) 2,170,000 Gallons
May 3, 1981 (Sunday) 1;823,000 Gallons
May 4, 1981 (Monday) 2,866,000 Gallons
May 5, 1981 (Tuesday) 2,490,000 Gallons
TOTAL 22,519,000 Gallons
Based upon these figures, the average daily consumption for the
ten (10) day period is 2,251,900 gallons and a ten percent (10%) reduction
would be 225,190 gallons per day for net pumping of 2,026,710 gallons per
day.
As you are aware over fifty percent (50%) of water usage during
drought periods such as we are now in is for sprinkling, watering or
irrigating of shrubbery, trees, lawns, grass, ground cover, plants, vines,
gardens and vegetables.
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After discussion and review with -the Water Department Superintendent
we would recommend that the following action be taken to restrict or curtail
water usage as set forth in Section 18-22 of the Village Code:
1. The sprinkling, watering or irrigating of shrubbery, trees,
lawns, grass, ground cover, plant's, vines, gardens and
vegetables be restricted to three (3) days per week on
Monday, Wednesday and Friday only. It is recommended and
urged ,that irrigation be done during the early morning hours
and not during the heat of the day.
In the event this schedule does not provide for the ten percent
(10%) reduction, the Village rlanager and Water Department
Superintendent should be authorized to further reduce the
number of days and provide for zoning such as Monday and
Thursday, west of the North Fork of the Loxahatchee River
and Tuesday and Friday for east of the North Fork of the
Loxahatchee River..
2. There be no washing of automobiles, trucks, trailers, mobile
homes, campers, boats, railroad cars, or any other type of
mobile equipment.
3. There be no washing of sidewalks, driveways, filling station
aprons, porches, exterior of homes, apartments, office
buildings or other outdoor surfaces.
4. There be no washing of any business or industrial equipment
and machinery, except when such usage is necessary and'
required for health and sanitation standards.
S. There be no operation of any ornamental fountain or other
structure using water without a recirculating system.
6. There be no filling of swimming and wading pools not using
a filter and recirculating system.
All water users, whether from the Village system or own private
well systems, are urged to.take alI necessary actions to save water by the
various means which have been brought to the public's attention by water
suppliers, South Florida Water Management District and. the news media (see
copy attached).
We would further recommend that the Building Department be
advised not to issue any permits for wells or irrigation systems until such
time as the South Florida Water Management District rescinds its emergency
order.
We should provide for further reductions in water usage in the
event the South Florida Water Management District deems it necessary to
reduce usage by twenty-five percent (25%).
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Due to the fact that it will be difficult to get the restrictions-
out to the Village residents very quickly, the police should first issue
warnings for any violations with any further violations being cause-for citing,
The water use restrictions should remain in effect until such
time as the. South Florida Water Management District declares the existing
emergency to be over.
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Robert Harp
RH:jf
Enc.
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SUGGESTED
EMERGENCY ORDINANCE
NO.
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An Ordinance of (City or County) authorizing the (commission) to prohibit or
curtail certain nonessential uses of water and to conserve available water resources
during a declared water shortage and water shortage emergency; defining the terms
pertaining 'thereto; providing for Application of ordinance, providing for enforcement
and penalties, providing for exceptions, .appeal procedure and severability clause,
providing for emergency adoption and for other purposes.
WHEREAS, a water shortage or water shortage emergency has been declared by
the South Florida Water Management District; and
WHEREAS, during said times of water shortage the, level of water storage and
groundwater supplying the (City or County) may become perilously low; and
WHEREAS, water shortage conditions may contribute to the impact of saline
water intrusion; and
WHEREAS, -the existence of said conditions make it imperative to the public
well being that certain nonessential uses of water be restricted or curtailed and that
available water resources be conserved; and
WHEREAS, the South Florida Water Management District, a public corporation
of .the State of Florida, charged with the responsibility of the protection of the water
resources within the District, so as' to realize their full beneficial use, has declared a
water shortage or water shortage emergency and has ordered the curtailment or
restriction of certain uses of water.
NOW THEREFORE, Be it ordained by the (City or County Commission) Florida,
as follows:
.SECTION 1 DEFINITIONS
For the purpose of this Ordinance the following terms, phrases, words and their
derivations shall have the meaning given herein. When not inconsistent with the context,
words used to 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) " " is the (City or County) Florida.
(b) "Water Shortage" or "Water Shortage Emergency" is the declaration of
such by the Governing Board or the Executive Director of the South Florida Water
Management District pursuant to Chapter 373, Florida Statutes.
(c) "Water" is water taken from any groundwater system, surface water system
or public water supply.
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SECTION 2 APPLICATION
The provisions of this Ordinance shall apply to all users of water within the
(corporate limits or unincorporated area) of the (City or County), Florida.
SECTION 3 IMPLEMENTATION
A• Authority to Implement
The (City or County Commission) finds that a water shortage exists when a
water shortage or water shortage emergency is declared by the South Florida Water
Management District which includes the (corporate limits or unincorporated area) of
the (City or County), Florida.
B• Restriction or Curtailment of Water Uses
Certain nonessential uses of water shall be restricted ,or curtailed during the
existence of a water shortage or water shortage emergency. These shall include, but
are not limited to the following:
1• The sprinkling, watering oi• irrigating of shrubbery, trees, lawns, grass
ground covers, plants, vines, and gardens shall be limited to the hours of
4:00 - 6:00 a.m. Further, such uses of water shall be authorized:
a) For property having an odd-numbered street address, only on
odd-numbered days.
b) For property having an even numbered .street address, only on
even-numbered days.
c) The provisions of this part (1) (a-b) shall not apply to those water
uses granted water use permits by the District.
2• The escape of water through defective plumbing, which means to knowingly
allow water to escape, through a system that is in disrepair.
3• The washing of sidewalks, driveways, porches, exterior of homes
apartments or other outdoor surfaces.
4• The washing of business or industrial equipment and machinery, except as
required for public health.
5• The operation of any ornamental fountain or other structure using water
with or without a recirculating system.
s• The filling of swimming pools and wading pools not using a filter and
recirculating system.
7• The washing of automobiles, trucks, trailers, railroad cars, mobile ho
m es,
campers, boats or any other type of mobile equipment, except at a business
enterprise established for such purpose.
8• The use of water for dust control, except as required for public health.
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SECTION 4 ENFORCEMENT
Every (police officer or sheriff) of the (City or County) shall in connection with
all other duties imposed by law, diligently enforce the provisions of this law.
(This section may contain enforcement delegation to Fire Department, Public
Works, etc. as deemed necessary and appropriate by local government and authority.)
SECTION 5 PENALTIES
Violation of any provision of this ordinance shall be subject to the following
penalties.
First violation ..................$25.00
Second violation ................$50.00
Third violation and
subsequent violations...,.....Misdemeanor as authorized by (City or County Gode).
SECTION 6 APPEALS
Any person aggrieved by the provisions and enforcement of this ordinance shall
have the right to appeal the decision to the (City or County Commission). All records
will be available and furnished upon request, to determine water usage restricted by
this ordinance.
(Appropriate language if required by local government law may be substituted.)
SEC`T'ION 7 EXCEPTION TO MAINTAIN SANITATION
The (City or County Commission) upon the recommendation of the (appropriate
local authority) or Department of Environmental Regulation or upon its own recognizance
shall have the authority to permit a reasonable use of water in any case necessary to
maintain adequate health and sanitation standards. A letter from the (appropriate
agency) to the (City or County) shall be required to permit such reasonable use of
water during a water shortage or water shortage emergency situation.
SECTION 8 ORDINANCES REPEALED
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 9 SEVERABILITY
Tn the event that any section or provision of this ordinance or any portion .thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to
be invalid, such a decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
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SECTION 10 WATER USES TO ACCEPT PROVISIONS OF ORDINANCE (If a City or
County is also a Public Water Supplier)
No water service shall be furnished to any person in the (City or County) unless
the person agrees to accept all the provisions contained in this-ordinance. The acceptance
of water service shall be in itself the acceptance of the provisions herein.
SECTION 11 EFFEC'CIVE DATES OF ORDINANCE
This emergency ordinance shall take effect immediately after its adoption by
the (City or County Commission).
SECTION 12 COMPLIANCE
(Appropriate language as to compliance with the provisions for passing an
emergency ordinance should be inserted.)
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