HomeMy WebLinkAboutO-01-01ORDINANCE NO. O-01-01
AN ORDINANCE OF THE CiTY OF SEBASTIAN, FLORIDA,
AMENDING CiTY CODE CHAPTER 102 ARTICLE IV WATER
RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABIL1TY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 102, Article IV, of the Code of Ordinances for the City of
Sebastian constitutes the City of Sebastian Water Restriction Plan; and
WHEREAS, the City Council hereby determines that it would be appropriate to
continue the emergency three day a week irrigation restrictions as a year-round limitation.
NOW, TltEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That section 102-81 of the Code of Ordinances, City of Sebastian,
Florida is hereby amended to read as follows:
Sec. 102-81. General ~-r-ouad restrictions.
Outdoor irrigation by any manner is prohibited between the hours of 9 a.m.
and 5 p.m., year-round. However, air conditioning systems utilizing water
source heat pumps shall be permitted to utilize the discharge water of said
system for irrigation purposes at any time notwithstanding any provision of
this article to the contrary.
Section 2. That section 102-82 of the Code of Ordinances, City of Sebastian,
Florida is hereby amended as follows:
Sec. 102-82. Implementation of emergency restrictions.
The City Council may by resolution enact further curtailments and
restrictions of water uses v ........................................ ~
. v~.-~. ], ...... , ......... ~ ........... upon a declaration at any time of a water
shortage emergency by the city council, said emergency restrictions shall have
the force of 10W and shall remain in effect until such time as the city council
shall declare such emergency to be at an end.
Section 3. That section 102-95 of the Code of Ordinances, City of Sebastian,
Florida is hereby amended to read as follows:
Sec. 102-95. Penalties.
(a) Except as provided below, violators of this Article shall be subject to the
following penalties:
(1) First offense; citation amount of $25.00, maximum fine upon
conviction in county court of $75.00;
(2) Second offense; citation amount of $50.00, maximum fine upon
conviction in county court of $150.00; and
(3) Third and subsequent offenses; citation amount of $100.00,
maximum fine upon conviction of $250.00.
(b) Violators of sections 102-81 or any ememencv t)rovisions enacted under
102-82 4-¢243 shall be subject to the following penalties:
(1) First offense; citation amount of $50.00, maximum fine upon
conviction in county court of $100.00;
(2)Second offense; citation amount of $150.00, maximum fine
upon conviction in county court of $250.00; and
(3) Third and subsequent offenses shall constitute a second degree
misdemeanor punishable in accordance with state law.
(c) Citations shall be paid to the office of the t-:,,, t-~t-
,~,~ ..... Finance Director at
City Hall.
Section 4. CONFLICT. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 5. SEVEKABiLITY. In the event a court of competent jurisdiction
shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the
remainder of the Ordinance shall not be affected and it shall be presumed that the City
Council of the City of Sebastian did not intend to enact such invalid or unconstitutional
provision. It shall further be assumed that the City Council would have enacted the
remainder of this Ordinance without said invalid or unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
Section 6. EFFECTIVE DATE. This Ordinance shall take effect following its
adoption by the City Council.
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop
Councilmember Joe Barczyk
Councilmember James Hill
Councilmember Edward J. Majcher, Jr.
Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
The Mayor thereupon declared this Ordinance duly passed and adopted this 24th
January, 2001.
day of
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Sally A:~aio, CM(2
City C16rk
Mayor Walter Barnes
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City ~m)mey