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Home My WebLink AboutO-06-02 ORDINANCE NO. 0-06-02 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA; AMENDING CHAPTER 102 ARTICLE IV WATER RESTRICTION PLAN TO IMPLEMENT ST. JOHNS RIVER WATER MANAGEMENT DISTRICT RULES; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the St. Johns River Water Management District has responsibility and exclusive authority under Chapter 373, Florida Statutes, for regulating the consumptive use of water; and WHEREAS, the St. Johns River Water Management District has amended Rule 40C- 2.042, F.A.C., its General Consumptive Use Permit by Rule that regulates small irrigation; and WHEREAS, Rule 40C-2.042(2)(b) provides that a local government may adopt an ordinance to implement and enforce the District regulations; and WHEREAS, it is the desire of the City of Sebastian to adopt such an ordinance in the public interest of the citizens of this community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, that: Section 1. That Section 102-77 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Section 102-77 Definitions. For the puroose of this Article the followina terms. phrases. words and their derivatives shall have the meanina aiven herein. When not inconsistent with the context. words used in the present tense include the future. words in the plural include the sinaular. and words in the sinaular include the plural. a) "Address" means the house number of a phvsicallocation of a specific propertv. This includes "rural route" numbers but excludes post office box numbers. If a lot number in a mobile home park or similar communitv is used bv the U.S. Postal Service to determine a deliverv location. the lot number shall be the propertv's address. An "even numbered address" means an address endina in the numbers O. 2 .4. 6. 8 or the letters A-M. An "odd numbered address" means an address endina in the numbers 1. 3. 5. 7.9 or the letters N-Z. b) "District" means the St. Johns River Water Manaaement District. c) "Person" means anv person. firm. partnership. association. corooration. companv. or oraanization of anv kind. d) "Landscape irriaation" means the outside waterina of plants in a landscape such as shrubberv. trees. lawns. arass. around covers. plants. vines. aardens and other such flora that are situated in such diverse locations as residential areas. cemeteries. public. commercial. and industrial establishments. and public medians and riahts of wav. "Landscape irriaation" does not include aolf course areens. tees. fairwavs. primarv rouahs. and veaetation associated with intensive recreational areas such as. but not limited to. plavarounds. and football. baseball and soccer fields. Section 2. That Section 102-80 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Section 102-80. Landscaoe Irrioation Schedule. 1. Landscape irriaation at odd numbered addresses must onlv occur on Wednesdav and Saturdav and must not occur between 10:00 a.m. and 4:00 p.m. dailv. 2. Landscape irriaation at even numbered addresses or no address must onlv occur on Thursdav and Sundav and must not occur between 10:00 a.m. and 4:00 p.m. dailv. Section 3. That Section 102-81 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Section 102-81. Exceotions to Landscaoe Irrioation Schedule. Landscape irriaation shall be subiect to the followina irriaation schedule exceptions: 1. Irriaation usina a micro-irriaation svstem is allowed anvtime. 2. Irriaation of new landscape is allowed at anv time of dav on anv dav for the initial 30 davs and everv other dav for the next 30 davs for a total of one 60-dav period. provided that the irriaation is limited to the minimum amount necessarv for such landscape establishment. 3. Waterina in of chemicals. includina insecticides. pesticides. fertilizers. funaicides. and herbicides when reauired bv law. the manufacturer. or best manaaement practices is allowed anvtime within 24 hours of application. 4. Irriaation svstems mav be operated anvtime for maintenance and repair purooses not to exceed 10 minutes per hour per zone. 5. Irriaation usina a hand-held hose eauipped with an automatic shut-off nozzle is allowed anvtime. 2 6. Discharae of water from a water-to-air air-conditionina unit or other water- dependent coolina svstem is not limited. 7. The use of water from a reclaimed water svstem is allowed anvtime. For the puroose of this paraaraph. a reclaimed water svstem includes svstems in which the primarv source is reclaimed water. which mav or mav not be supplemented from another source durina peak demand periods. 8. The use of recvcled water from wet detention treatment ponds for irriaation is allowed anvtime provided the ponds are not auamented from anv around or off-site surface water. or public supplv sources. Section 4. That Section 102-82 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Section 102-82. Variance from Soecific Dav of the Week Limitations. A variance from the Section 3 Landscape Irriaation Schedule above mav be aranted if strict application of that schedule would lead to unreasonable or unfair results in particular instances. provided that the applicant demonstrates with particularitv that compliance with the schedule will result in a substantial economic. health or other hardship on the applicant reauestina the variance or those served bv the applicant. Where a contiauous propertv is divided into different zones. a variance mav be aranted hereunder so that each zone mav be irriaated on different davs than other zones of the propertv. However. no sinale zone mav be irrioated more than 2 davs a week. Section 5. That existing Section 102-83 of the Code of Ordinances, City of Sebastian, Florida, is hereby stricken, and Section 102-95 is hereby renumbered as Section 102-83 and amended to read as follows: Sec. 102-83. Penalties. (9) ~xcopt af: pro'tidod bolov.', v 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 f:ections 1 Q2 g 1 or any omergoncy pro'Jif:ionf: onactod blnder 1 Q2 g2 f:hall bo f:ub:joct to tAO fellowing ponaltiof:: (1) fiFf:t oUonso; citation amoblnt of $fiiO.OO, m:lximblm fino upon con'Jiction in eOblnty €ieblrt ef $100.00; (2) Socond oUonf:o; cit:ltion amount of $1 fiiO.OO, maximum ~ino upon 3 89AVi8ti9R iA GOYAl,- SQYA: 9f $2fiQ.gO; aRe (~) TRin:j aAg BYDse€fY9At 0ff9AB9B BRall Q9ABtitYt9 a 8e8oA€i 899fe9 miB8eFReaR9r ~YRi8l::table iA aG89FOaAee '.vitR &tate law. ~ Citations shall be paid to the office of the finance director at city hall. Section 6. ORDINANCES REPEALED. That Sections 102-84 through 102-93 of the Code of Ordinances, City of Sebastian, Florida, are hereby repealed and, along with Section 102-95, reserved. Section 7. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 8. SEVERABILITY. 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 9. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember Coy The motion was seconded by Councilmember N e g 1 i a and, upon being put to a vote, the vote was as follows: Mayor Nathan McCollum aye Vice-Mayor Brian Burkeen aye Councilmember Lisanne Monier a y e Councilmember Andrea Coy a y e Councilmember Sal Neglia a y e The Mayor thereupon declared this Ordinance duly passed and adopted this 1 2 t h day of Apri 1 ,2006. 4 <- Approved as to form and legality for reliance by the City of Sebastian only: ( Rich Stringer, 5