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Home My WebLink AboutO-99-12 ORDINANCE NO. O-99-12 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF SEBASTIAN WATER RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILiTY; PROVIDING FOR AN EFFECTIVE DATE. WltE~, Chapter 102, Article IV, of the Code of Ordinances for the City of Sebastian constitutes the "City of Sebastian Water Restriction Plan"; and WHEREAS, recent changes to thc Water Restriction Plan have raised issues that merit reconsideration thereof; and WHEREAS, the City Council finds that the interests of the citizens will be best served by amending the Water Restriction Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: ~ection 1. That section 102-81 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-81. Year-round restrictions. Outdoor irrigation by any manner is prohibited between the hours of 9 a.m. and 5 p.m., year- roun& 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. ~. That section 102-82 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-82. Implementation of emergency restrictions. The curtailments and restrictions of water uses provided for in sections 102-83 and 102-84, below, shall be implemented upon a declaration at any time ora water shortage emergency by the city council 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 102-83 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-83. Landscape irrigation restrictions, residential and commercial -- existing installations. Parcels with odd-numbered addresses are only permitted to irrigate on Monday, Wednesday and Saturday. Parcels with even-numbered addresses or no addresses are only permitted to irrigate on Tuesday, Thursday and Sunday. Section 4. That section 102-84 oft he Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-84. Same - New installations. Landscaping installations on residential or commercial parcels that have been in place for thirty days or less shall not be subject to the three day a week limitation of Section 102-83. Section 5. That section 102-90 of the Code of Ordinances, City of Sebastian, Florida is hereby deleted and the section is reserved. 2 Section 6. That section 102-91 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-91. Use restrictions for public facilities. Custodians of publicly-owned facilities may submit a water-use plan to the city manager that, while considering the manpower restraints of the entity, balances the same against the policies of water conservation such as evaporation avoidance and spreading out the times and days of irrigation. The city manager may approve or reject said plan, or approve the same with modifications. Modifications to a rejected plan must be resubmitted within three days. The provisions of a plan approved hereunder shall be enforceable as a provision of this Article. That section 102-94 of the Code of Ordinances, City of Sebastian, Florida is hereby Section 7. deleted and reserved. 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. (c) Section 9. hereby repealed. Violators of sections 102-83 shall be subject to the following penalties: (1) First offense; citation amount of $50.00, maximum fmc upon conviction in county court of $100.00; (2) Second offense; citation amount of $150.00, maximum fmc 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. Citations shall be paid to the office of the City Clerk at City Hall. CONFLICT. All ordinances or parts of ordinances in cOnflict herewith are SEVERABILITY. In the event a court of competent jurisdiction shall hold or ' de~ermine that any pan of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shah 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 11. EFFECTIVE DATE. This Ordinance shall take effect following its adoption by the City Council. 4 The foregoing Ordinance was mov~ for adoption by Councilmember .f~~ . The motion was seconded by Councilmember ~ and, upon being put to a vote, the vote was as follows: Mayor Martha S. Winingcr Vice-Mayor Chuck Neubcrgcr Councilmembcr Joe Barczyk · Councilmember Ben A. Bishop Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 8th day of September, 1999. CITY OF SEBASTIAN, FLORIDA Kath~ Mi ~allo~, CMC/AAE City Clerk Chuck Neuberger, Vice-Mayor Approved as to form and legality for reliance by the City of Sebastian only: