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Home My WebLink AboutOrdinance_204_09/19/19726 & ORDINANCE NO. 204 An Ordinance of the Village of Tequesta, Florida authorizing the Village Council to prohibit or cur- tail certain uses of water not essential to the public well being during drought conditions; defining the terms pertaining thereto; application of Ordinance; providing for penalties; appeal procedure and sep- ability clause; and for other purposes. WHEREAS, from time to time an emergency situation may ar-13e affect- ing the Village of Tequesta, Florida, whereby an extreme shortage of water may occur due to prolonged and severe drought conditions; and WHEREAS, during such emergency conditions the level of water reser- voirs supplying water to the Village and water tables and well fields beneath the Village may become perilously low; and WHEREAS, upon the existence of such conditions it becomes imperative to the public well being that certain uses of water, not essential to the health, welfare and safety of the Village and its inhabitants be restricted or curtailed; and WHEREAS, the Central and Southern Florida Flood Control Distict, a public corporation of the State of Florida, charged with responsibility for the control of levels of water within said District has during such drought periods declared the existence of an emergency situation and ordered curtailment or restriction of such non-essential use of water; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA: SECTION 1. DEFIN-I-TIONS For the purpose of this Ordinance the following terms, phrases, words, and their derivations shall have the meaning given herein. When not incon- sistent with the context, words used in 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 alway mandatory and not merely directory. (1) "Village" is the Village of Tequesta, Florida. (2) "Person" is any person, firm, partnership, asso- ciation, corporation, company or organization of any kind. 1 0 (3) "Water" is wat-er taken from the Village water supply system. (4) "Emergency Situation" is such a situation as shall be determined and declared by the Central and Southern Florida Flood Control District as in existence due to prolonged drought conditions resulting in the serious shortage of fresh water supply to this area or Village; or, prior to any determination or declaration by the Central an -e Southern Florida Flood Control District, this Village may determine that it has become seriously affected by any such shortage of water. As a re- sult of either of the foregoing determinations, the Village Council of Tequesta, Florida, shall declare an if emergency situation" and implement the pro- visions of this Ordinance. SECTION 2. APPLICATION OF ORDINANCE TO CUSTOMERS OF THE TEQUESTA WATER COMPANY The provision of this Ordinance shall apply to all persons using water both in and outside the Village, and regardless of whether any person using water shall have a contract for water service with the Village if said water is taken from the Village -water supply system. SECTION 3. RESTRICTION OR CURTAILMENT OF WATER USAGE At such times as an "emergency situation" is declared by the Central and Southern Florida Flood Control District as affecting this Village or is go de- clared by the Village Council regarding the supply of fresh water due to pro- longed drought conditions, the Village Council (or Village Manager) is authorized to implement this Ordinance by ordering the restricted use or absolute curtail- ment of use of water for certain non-essential purposes including but not limited to the following: (1) The sprinkling, watering or irrigating of shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens, -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. (2) The washing of automobiles, trucks, trailers, mo- bile homes, campers, boats, railroad cars, or any other type of mobile equipment; except bona fide business enterprise where vehicle washing is done. (3) The washing of sidewalks, driveways, filling station aprons, porches, exterior of homes, apartments, office buildings or other outdoor surfaces. 0 1 0 (4) The washing of any business or industrial equip- ment and machinery. (5) The operation of any ornamental fountain or other structure using water without a recirculating system. (6) Swimming and wading pools not using a filter and recirculating system. (7) The escape of water through defective plumbing, which shall mean the knowing permission for de- fective plumbing to remain out of repair. (8) Businesses and industries shall be restricted in the amount of water which they shall use as ordered by the Village Council (or Village Manager). Any such restrictions shall be based upon the amount of water needed during normal years in the particular business and the severity and peril of drought conditions existing. SECTION 4. PENALTIES Any person 'violating any provision of this Ordinance or order of the Village Council (or Village Manager) implementing this Ordinance, shall, upon con- viction, be subject to pay a fine not exceeding five hundred dollars ($500. 00) or imprisonment for a period not exceeding sixty (60) days. In addition, the Village Council (or Village Manager) may suspend water service from any prop- erty when the provisions of this Ordinance have been violated. SECTION 5. APPEALS Whenever the Village Council (or Village Manager) shall issue an order directing restrictions or curtailment of the use of water as provided herein, or shall suspend water service as a result of a violation of provisions of this Ordinance, the person aggrieved shall have the right to appeal the decision of the Village Manager to the Village Council. The Village Council shall grant such person a reasonable opportunity to present in writing, or at the Council's option in open hearing, his arguments against such decision of the Village Manager. The Council shall consider such arguments and pertinent facts and its decision with respect to such appeal shall be final. SECTION 6. . EXCEPTION TO MAINTAIN SANITATION The Village Council (or Village Manager), upon the recommendation of the Village Health Officer, or upon its own recognizance shall have the authority to permit a reasonable use of water in any calse necessary to maintain adequate health and sanitation standards. SECTION 7. EXCEPTIONS FOR BUSINESS NECESSARY TO PUBLIC WELFARE (1) The provisions of this Ordinance shall not apply to any business or industry which shall be declared by resolution of the Village Council to be specifically excepted therefrom as necessary for the public health, safety and welfare. (2) Business and Industries processing animal, vege- table and mineral matter for food or human con- sumption purposes shall be regulated in the following manner: The Village Manager, when so ordered by resolution of the Village Council, shall hold a public hearing to determine the amount of water to be used based upon the amount needed during normal years in the particular business and the severity and period of the existing drought conditions. (3) VILLAGEWAITER COMPANY PROVIDES INFORMATION. The Village Water Company shall have available and furnish all records necessary to determine the usages of water restricted by this Section. SECTION 8. APPLICATION TO ALL VILLAGE RESIDENTS Generally, the provisions of this Ordinance shall only apply to customers of the Tequesta Water Company. However, should the Water Company con- sulting engineers at any time furnish the Village Council or Village Manager a letter stating that in their opinion the use of private wells by residents of the Village of Tequesta is, for any reason, seriously harming the Village's well fields, and, therefore, the general welfare of all the residents of the Village of Tequesta, and at that time if an emergency situation, as defined in Section 1 (4) of this Ordinance exists, then, and in that event, the Ordinance shall also apply to the use of private wells within the Village of Tequesta, Florida. SECTION 9. ORDINANCES REPEALED All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 10. SEPARABILITY In 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 decision shall not affect the validity of the re- mainder hereof as a whole or part thereof other than the part declared to be invalid. SECTION 11. WATER USERS TO ACCEPT PROVISIONS OF ORDINANCE No water service shall be furnished to any person in the Village who does not agree to accept all of the provisions contained in this Ordinance, and all of the reasonable rules and regulations not inconsistent herewith promulgated by the Village Council for the regulation of water service. The acceptance of water service from the Village shall be in itself the acceptance of the provisions hereof. SECTION 12. That this Ordinance shall take effect upon its passage and approval as provided by law. PASSED AND ADOPTED ON THE , .. /fG a i READING, THIS /~ A. D. 1972. % DAY OF —X---' -) i J � !/4 , APPROVED: ATTEST: Mayor Clerk