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HomeMy WebLinkAboutO-90-09 ~ ORDINANCE NO. 0-90-09 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADDING CHAPTER 10 TO THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; ADDING NEW SECTIONS 10-1 THROUGH 10-19 PERTAINING TO A WATER SHORTAGE PLAN FOR EXISTING LANDSCAPE IRRIGATION RESTRICTIONS, DOMESTIC AND COMMERCIAL, NEW LANDSCAPE IRRIGATION RESTRICTIONS, DOMESTIC AND COMMERCIAL; ESSENTIAL USE RESTRICTIONS; HOUSEHOLD AND DOMESTIC TYPE USE RESTRICTIONS; WATER UTILITY USE RESTRICTIONS; COMMERCIAL AND INDUSTRIAL USE RESTRICTIONS; AGRICULTURAL USE RESTRICTIONS; NURSERY USE RESTRICTIONS; GOLF COURSE USE RESTRICTIONS; DEWATERING USE RESTRICTIONS; WATER BASED RECREATION RESTRICTION USE (INCLUDES POOLS, WATER SLIDES, SWIM AREAS); MISCELLANEOUS USE RESTRICTIONS; IMPLEMENTATION; PROVIDING THAT THE ORDINANCE IS SUPPLEMENTAL; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR REPEAL. WHEREAS, the City of Sebastian recognizes that there has been a drought in the City of Sebastian which seriously threatens the water supply to the City; and WHEREAS, the water table of the City of Sebastian is dangerously low and threatens the water supply of several residents of the City of Sebastian; and WHEREAS, several residents of the city of Sebastian have already experienced water supply shortages; and WHEREAS, if immediate restrictions are not imposed upon the use of water, the potable water supply for the City of Sebastian may be seriously restricted, causing wide-spread health hazard. WHEREAS, the City Council of the City of Sebastian declares there to be a state of emergency regarding the city's potable water supply; and WHEREAS, Section 166.041(b) of the Florida Statutes permits the adoption of emergency ordinances. " NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. The Code of Ordinances of the city of Sebastian is hereby amending by adding new Chapter 10 to read as follows: "Chapter 10 WATER RESTRICTION PLAN Sec. 10-1. This ordinance shall be known as the City of Sebastian Water Restriction Plan. Sec.10-2. Definitions. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein: The word "shall" is always mandatory and not merely directory. (a) "City" shall mean the City of Sebastian, Indian River County, Florida. (b) "Water shortage emergency" shall mean a declaration by the city or county of the City of Sebastian that a water shortage exists. (c) "Water" shall mean water taken from (i) the city water system, (ii) any groundwater system, including shallow and deep water wells drawing water from the Florida aquifer, (iii) any surface water system, or (iv) any other public water supply. This includes, but is not limited to, any system, that uses any groundwater or interconnected surface waters for a water source irrespective of whether said system is publicly or privately owned. 2 Sec.10-3. Application. The provisions of this chapter shall apply to all individuals who use water, as defined, herein within the City of Sebastian. Sec.10-4. Enforcement. (a) Every city police officer or other enforcement personnel of the city who have arrest powers pursuant to the state laws, shall be authorized and empowered to enforce the provisions of this charter. (b) In addition to the penalties for violations provided herein, the city manager may enforce the provisions of this chapter by ordering discontinuance of service to any person violating the provisions hereof for the third and each successive violation during any declared water shortage. If any person's water supply is discontinued under the provisions of this chapter, such person will be required to pay all charges necessary for reconnect ion before the city will reconnect such person's water supply. Sec. 10-5. Exception to Article to Maintain Sanitation. The city manager shall have the authority to permit a reasonable use of water in any case necessary to maintain adequate health and sanitation standards as set forth in the Indian River County Health Code. These permits shall be issued only upon the showing of good cause for the uses requested when supported by the aforesaid county health and sanitation 3 standards. Sec. 10-6. Penalties for violation. violators of any of the provisions of this chapter, upon conviction, shall be subject to the following penalties: (a) First offense, fine not to exceed twenty-five ($25.00); (b) Second offense, fine not to exceed fifty dollars ($50.00) ; (c) Any individual who has been convicted of a violation of this article three (3) or more times, during the same water shortage emergency, upon conviction of each offense after the second conviction during the same water shortage or water shortage emergency shall be deemed to be guilty of a second degree misdemeanor and punished according to state law for such offenses. Each day of continued violation shall be considered as a separate offense. Sec. 10-7. Existing landscape irrigation restrictions, domestic and commercial. (a) For existing installations less than 5 acres in size, water use for irrigation is restricted to the hours of 4 a.m. to 8 a.m., three days per week. (b) For existing installations 5 acres or greater in size, water use for irrigation is restricted to the hours of 12:01 a.m. to 8:00 a.m., three days per week. (c) For all existing installations without automatic irrigation timing devices, irrigation is also permitted during 4 the hours of 4:00 p.m. to 8:00 p.m., three days per week. (d) Installations with odd addresses are permitted to irrigate on Monday, Wednesday and Saturday. Installations with even addresses or no addresses are permitted to irrigate on Tuesday, Thursday and Sunday. Sec. 10-8. New landscape irrigation restrictions, domestic and commercial. (a) Low volume irrigation of plants and crops with one hose, fitted with an automatic shutoff nozzle, is permitted but conservation should be practiced. (b) For installations including home flower gardens which have been in place less than 30 days and are less than 5 acres in size, irrigation using automatic timing devices is restricted to the hours of 2:00 a.m. to 8:00 a.m., Monday through Friday. (c) For areas 5 acres or greater in size, irrigation is restricted to the hours of 12:01 a.m. to 8:00 a.m., Monday through Friday. (d) For new installations including home flower gardens without automatic irrigation timing devices, irrigation is also permitted during the hours of 4:00 p.m. to 8:00 p.m., Monday through Friday. There are no restrictions for those watering by hand using low volume methods. (e) Cleaning and adjusting of new irrigation systems is restricted to 10 minutes per zone on a one time basis. Sec. 10-9. Essential use restrictions. No restrictions on fire fighting or medical uses. Hydrant 5 flushing only on emergency basis. Sec. 10-10. Household and domestic type use restrictions. Residential domestic use should be reduced to achieve a per capita consumption of 60 gallons per person per day. Sec. 10-11. Water utility use restrictions. Pressure reduction by at least 15% initial pressure at point of service (meter) where operationally feasible. Adequate line and fire flow pressure should be maintained. Sec. 10-12. Commercial and industrial use restrictions. (a) commercial car washes serving passenger vehicles and mobile equipment weighing less than 10,000 pounds are prohibited from using in excess of 75 gallons of water per wash. (b) Commercial car washes serving passenger vehicles and mobile equipment weighing more than 10,000 pounds are prohibited from using in excess of 150 gallons of water per washing. Sec. 10-13. Agricultural use restrictions. (a) Overhead irrigation, except by portable volume gun, is restricted to the hours of 2:00 p.m. to 10:00 a.m. (b) Flood and seepage irrigation must not discharge tailwaters from the property. This restriction does not apply to agricultural uses in the production of watercress planted prior to the declaration of a water shortage. (c) Soil flooding for pest control or soil preservation is prohibited. Sec. 10-14. Nursery use restrictions. Inside overhead irrigation uses are restricted to 8:00 a.m. 6 r to 8:00 p.m., seven days per week. outside use is restricted to 7:00 p.m. to 7:00 a.m., seven days per week. Sec. 10-15. Golf course use restrictions. (a) Irrigation of greens and tees must be accomplished during non-daylight hours. (b) Irrigation of fairways, roughs and non-playing areas on the first nine holes of the course are restricted to the hours of 12:01 a.m. to 8:00 a.m. Monday, Wednesday and Saturday. (c) Irrigation of fairways, roughs and non-playing areas on the last nine holes of the course is restricted to the hours of 12:01 a.m. to 8:00 a.m. on Tuesday, Thursday and Sunday. Sec. 10-16. Dewatering use restrictions. Discharge of fresh water to tidal waters is prohibited. Sec. 10-17. Water based recreation restriction use (includes pools, water slides, swim areas). (a) Filling is permitted for new and existing facilities. Draining is only permitted onto porous surfaces. No draining into sewers. Adding water to maintain levels is permitted for both new and existing facilities. Sec. 10-18. Miscellaneous use restrictions. (a) boat washing and motor flushing is permitted for up to a maximum total of 30 minutes following operation in salt of brackish water. (b) Air conditioning (water source heat pumps) use restricted to water necessary to maintain temperature no cooler than 78 degrees Fahrenheit. 7 . " " (c) Washing and cleaning streets, driveways, sidewalks, or other non-porous areas with water is prohibited. (d) Non-commercial vehicle washing is restricted to the hours from 4:00 a.m. to 8:00 a.m. and from 4:00 p.m. to 8:00 p.m., three days per week, using even/odd house address method. (e) outside pressure cleaning is restricted to only low volume methods, seven days per week. (f) outside aesthetic uses of water is prohibited." Sec. 10-19. Implementation. The curtailments and restrictions of water uses provided for herein shall be implemented upon a declaration at any time of the water shortage emergency by the City Council of the City of Sebastian and shall remain in effect until such times as the City Council shall declare such emergency to be at an end. section 2. ORDINANCE SUPPLEMENTAL. The provisions of this Ordinance are supplemental, in addition to, and not in derogation of, all existing ordinances effective in the City of Sebastian, Indian River County, Florida. Section 3. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida; that the sections of this Ordinances may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section", "Article" or other 8 - , . appropriate designations. Section 4. SEVERABILITY. In the event a court competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remaindered of the Ordinance shall not be affected and it shall be presumed that the City Council of the Ci ty of Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. Section 6. REPEAL. Ordinance No. 0-90-05 is hereby repealed. The foregoing Ordinance was moved for adoption by Councilman ~ (Q (:l;-(JLUP{ The motion was seconded by Councilman I?C:1v"--tll and, upon being put to a vote, the vote was as follows: Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Counci1amn Lonnie R. Powell Councilman Lloyd Rondeau 9 -' .. ' , . adopted this ;}J.J day of ~, 1990. CITY OF SEBASTIAN By: ;2T: Kathry M. City Clerk I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by state statute, the one public heari2Z/~~theld on this Ordinance at 7:00 p.m. of the ;.;bl~ day of ' , 1990, and that following said public hearing this Ordinance as passed by the City Council. h. / ';-/aJ!.tM~ O'Halloran, CMC/AAE ~ad?ft ,)YI. u/lcUM"-'-- Kathry M. O'Halloran, CMC/AAE City Clerk APpro~ ~ Content: Charles Ian Nash, City Attorney 10