HomeMy WebLinkAbout2001 03 26 Public Hearings J Second Reading - Ordinance 2001-11 Water Shortage
COMMISSION AGENDA
ITEM J
CONSENT
INFORMATIONAL
PUBLIC HEARING X
REGULAR
March 26, 2001
Meeting
MGR ~PT Jff
Authorization
REQUEST: Utility Department Requesting the City Commission Hold a Second Reading
for Ordinance #2001-11 relating to Water Shortages.
PURPOSE: The purpose of this Board item is for the City Commission to hold a Second
Reading for a Water Shortage Ordinance, #2001-11, which provides for local
enforcement of water restrictions.
CONSIDERATIONS:
This ordinance is needed to enable staff to enforce the water restrictions
implemented on January 15,2001 by the St. Johns River Water Management District. It
provides criteria and parameters by which the City Commission can establish water
restrictions by resolution. First reading was passed on March 14th and the legal
advertisement was published on March 16th.
FUNDING:
No funding is needed at this time.
RECOMMENDATION:
It is recommended that the City Commission approve the Second Reading
of Ordinance #2001-11 amending Chapter 19 to include Water Shortage
Conditions and Shortages,
Public Hearing Agenda Item J
March 26,2001
Page 2
IMPLEMENTATION:
A resolution is needed to implement the restriction levels in the SJRWMD Water
Shortage Plan and any modifications.
ATTACHMENTS:
1. Ordinance #2001-11
COMMISSION ACTION:
,
"
Attachment No. I
ORDINANCE NO. 2001-11
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, PROVIDING FOR
DECLARATION OF WATER SHORTAGES AND THE
LOCAL IMPLEMENTATION OF PLANS TO ADDRESS
THE DECLARED WATER SHORTAGES INCLUDING
PLANS ADOPTED BY THE ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT; PROVIDING APPLICATION,
ENFORCEMENT, AND PENALTIES OF THE WATER
SHORTAGE PLAN; PROVIDING FOR SEVERABILITY,
REPEAL OR PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, a water shortage emergency may be declared from time to time by the City
Commission and/or St. Johns River Water Management District (hereinafter "District") affecting
the City of Winter Springs; and
WHEREAS, during such water shortage conditions, the amount of surface and
groundwater supplies may become insufficient to meet current or anticipated demands; and
WHEREAS, upon the existence of such conditions it becomes imperative for the benefit
and well being of the public that certain uses of water should be restricted or curtailed and that
available water resources be allocated so that current or anticipated demands may be satisfied;
and
WHEREAS, the District has primary responsibility under Chapter 373, Florida Statutes,
for regulating water use and allocating available water supplies during periods of water shortage;
and
WHEREAS, the District has adopted a "Water Shortage Plan", codified as Chapter 40C-
21, Florida Administrative Code, for the purpose of allocating and conserving water resources
during periods of water shortage and maintaining a uniform approach towards water use
restriction; and
WHEREAS, the District has requested the assistance of the City of Winter Springs in the
enforcement of the provisions of the "Water Shortage Plan"; and
WHEREAS, it is the desire of the City Commission of Winter Springs to provide the
District with reasonable assistance in the enforcement of the provisions of the "Water Shortage
Plan" during a water shortage or water shortage emergency; and
WHEREAS, Section 373.609, Florida Statutes, provides that it shall be the duty of
municipal governmental and law enforcement officials to assist the District in the enforcement of
Chapter 373, Florida Statutes, and any rules adopted thereunder, upon request by the District; and
WHEREAS, Section 2(b), Article VIII of the Florida Constitution, grants the power to
the City Commission to exercise any power for municipal purposes, except as expressly
prohibited by law; and
WHEREAS, there may also be circumstances when the City Commission may desire to
independently declare a water shortage, absent such a declaration from the District, and in such
cases the City may adopt a Water Shortage Plan; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds
this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS, HEREBY ORDAINS AS FOLLOWS:
SECTION 1. New Article VI, "Water Shortage Conditions and Shortages", of Chapter
19, "Utilities", of the Code of Ordinances of the City of Winter Springs is hereby adopted to read
as follows: (underlined type indicates additions and strikeout type indicates deletions, while
asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 19. It is
intended that the text in Chapter 19 denoted by the asterisks and set forth in this Ordinance shall
remain unchanged from the language existing prior to adoption of this Ordinance).
CHAPTER 19
UTILITIES
* * *
ARTICLE VI. WATER SHORTAGE CONDITIONS AND SHORTAGES
Section 19-200. INTENT AND PURPOSE
It is the intent and purpose of this ordinance to protect the water resources of the
City of Winter Springs from the harmful effects of overutilization during periods
of water shortage and allocate available water supplies. including by assisting the
S1. Johns River Water Management District in the implementation of its Water
Shortage Plan and the City creating its own Water Shortage Plan.
Section 19-201. DEFINITIONS
For the purpose of this Ordinance the following terms. phrases. words. and their
derivatives shall have the meaning described below. unless the context clearly
indicates otherwise. The word "shall" IS always mandatory and not merely
directory .
(a) "District" is the St. Johns River Water Management District.
(b) "Person" is any person. firm. partnership. association. corporation.
company. or organization of any kind.
(c ) "Water resource" means any and all water on or beneath the surface of the
ground. including natural or artificial watercourses. lakes. ponds. or
diffused surface water. and water percolating. standing. or flowing beneath
the surface of the ground and reclaimed water.
(d) "Water shortage condition" is when sufficient water is not available to
meet present or anticipated needs of persons using the water resource. or
when conditions are such as to require temporary reduction in total water
usage within a particular area to protect the water resource from serious
harm. A water shortage condition may occur due to drought.
contamination. damaged water facilities. natural disaster. or any other
situation having an adverse effect on the water resource.
Section 19-202. APPLICATION OF ORDINANCE
The provisions of this Ordinance shall apply within the City of Winter Springs
and to all persons using the water resources within the city boundaries subiect to
the "water shortage condition". as determined by the District and the City
Commission. whether from public or privately owned water utility systems.
private wells. or private connection with surface water bodies.
Section 19-203. IMPLEMENTATION
The provisions of this Ordinance shall be implemented by adoption of a
Resolution by the City Commission. declaring an emergency water shortage
condition exists. Adoption of the Resolution shall be coordinated with the
District and supported by appropriate findings which establish the existence of an
emergency water shortage condition such as. for example:
(a) A declaration by the District that an emergency water shortage
condition exists affecting Winter Springs: or
(b) The City Commission. after consultation and advice from the Utility
Department. determines that an emergency water shortage condition
exists and that appropriate measures be taken to alleviate the water
shortage or other water condition requiring emergency action.
Section 19-204. WATER USES. SURCHARGES AND FACTORS
CONSIDERED
Upon determination that an emergency condition of water shortage exists. the City
Commission may order the restriction or curtailment of the use of water resources
to the extent necessary to alleviate the water shortage and may implement any or
all of the following:
(a) Uses of water resources which may be restricted or curtailed
include. but are not limited to. the following:
(1) The sprinkling. watering. or irrigating of shrubbery.
trees. lawns. grass. ground covers. plants. vines.
gardens. vegetables. including the specification of
certain days. hours or periods of time. as well as place
limitations. when lawns and shrubbery may be watered:
(2) The washing of automobiles. trucks. trailers. mobiles
homes. campers. boats. railroad cars. airplanes. or any
other type of mobile equipment: except bona fide
business enterprise where vehicle washing is done:
(3) The washing of sidewalks. walkways. driveways.
parking lots. tennis courts. filling station aprons.
porches. exterior of homes. apartments. office buildings
or other outdoor hard-surface areas:
(4) The washing of any business or industrial equipment
and machinerv. except where required by public health:
(5) The operation of any ornamental fountain or other
structure using water without a recirculating system:
(6) The operation of swimming and wading pools not using
a filter and recirculating system: and
(7) The escape of water through defective plumbing. when
it is known or reasonably should be known that water is
escaping through the system that is in disrepair.
(b) Businesses and industries may be restricted to the minimum
amount of water necessary to conduct operations and may be
required to curtail or prohibit any use of water including. but
not limited to:
1. The use of water to serve a customer in a restaurant unless
requested by a customer;
2. The use of water for the expansion of commercial nursery
facilities;
3. The use of water from hydrants for construction purposes,
fire drills, or any purpose other than fire-fighting;
4. The use of water to put new agricultural land into
production;
5. The use of water by a golf course; and
6. The use of water for dust control.
(c) Extension of water service. Approval of Applications to the
City owned utility to begin a new use or modify an existing
use, requiring water service connections, meters, service lines,
pipeline extensions, mains, or other water service facilities of
any kind may be withheld, while the water shortage is in effect,
subiect to exceptions specified in Section 19-206.
(d) Surcharges may be imposed by the City Commission on
customers of the City owned utility.
(e) The City Commission may consider the following factors in
determining the measures to reduce water consumption:
(1) The severity ofthe drought;
(2) The specific measures required by the District and/or
Utility Department;
(3) The extent that the City owned potable or reclaimed utility
is not supplying the demand of the service
(4) The severity of salt water intrusion;
(5) The availability of potable water; and
(6) Any other competent, relevant data.
Section 19-205. ENFORCEMENT
(a) Each Police Officer of the City Police Department and City
Code Enforcement Officer shall. in connection with his/her
duties imposed by law. diligently enforce the provisions of this
Ordinance.
(b) The City Manager may designate other employees of the City
of Winter Springs to assist in the enforcement of this
Ordinance including. but not limited to. employees of the
Utility Department and Fire Department. Any designated
employee shall have the duty and are hereby authorized to
enforce the provisions of this Ordinance and shall have the
power to issue written warning notices. and/or citations as set
for in Section 2-69 et seq. of the Code of Ordinances. A
violation of this Ordinance shall be subiect to fines and
penalties prescribed at Section 19-207 below.
Section 19-206. EXCEPTIONS
(a) The City Commission upon recommendation of the County
Health Department. Utility Department. or upon its own
Motion. shall have the authority to permit a reasonable use of
water in any case determined necessary to maintain adequate
health and sanitation standards.
(b) The City Manager or designee thereof shall have the authority
to permit a reasonable use of water in any case determined
necessary to preserve and protect property for aesthetic values
of the community or for planned activities and sporting events.
(1) In making this determination. the City Manager or designee
thereof shall consider the following:
A. Severity of drought;
B. Anticipated length of drought;
C. Availability of potable water;
D. Length of proposed exemption; and
E. Magnitude of proposed exemption (i.e. quantity of
water)
(2) In granting an exemption pursuant to this section. the City
Manager or designee thereof may prescribe appropriate
conditions and safeguards in conformity with this
Ordinance.
Section 19-207. PENALTIES
Any person violating any provision of this Ordinance which shall be implemented
by adoption of a Resolution shall. upon conviction. be punished as follows. and
shall also be responsible for reimbursing the City of Winter Springs any
reasonable attorneys' fees and costs incurred in correcting the violation. A
separate offense shall be deemed committed for each day during which a
violation. disobedience. omission. neglect or refusal shall continue:
(a) 151 Violation:
(b) 2nd Violation:
(c) 3rd Violation:
(d) Subsequent Violations:
Warning.
$50.00 Fine.
$150.00 Fine.
Fine not to exceed $500.00 and/or
imprisonment in the County iail not to
exceed 50 days.
Violators may only receive one (l) written warning. The City. in addition to the
civil and criminal sanctions contained herein. may take any other appropriate legal
action. including but not limited to emergency iniunctive action. to enforce the
provisions of this Ordinance. If a person chooses to contest the citation and is
unsuccessful in such contest. the person shall reimburse the City of Winter
Springs for its attorney's fees and costs incurred in prosecuting the violator before
any court of competent iurisdiction. A separate offense shall be deemed
committed for each day during which a violation. disobedience. omission. neglect
or refusal shall continue.
Section 19-208. WATER USE CONSTITUTES ACCEPTANCE 'OF
PROVISIONS OF ORDINANCE
The acceptance of water service from the City of Winter Springs and withdrawal
from any water resource servicing property located within the City of Winter
Springs shall be in itself the acceptance of the provisions hereof.
SECTION 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
SECTION 3. Incorporation into Code. This ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this ordinance.
SECTION 5. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Commission of the City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs, Floridq~ in la regular
meeting assembled on the 26th day of March Q ,2001.
PAUL PARTYKA
Mayor
JTEST~
~ / '.
ANDREA ZO-LUACES
City Clerk
as to legal form and sufficiency for
. ter Springs only
Anthony A. Garganese, City Attor ey
First Reading: March 14, 2001
Second Reading: March 26, 2001
Effective Date: March 26, 2001
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