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HomeMy WebLinkAbout2001 03 14 Public Hearings A First Reading - Ordinance 2001-11 Water Shortage COMMISSION AGENDA ITEM A CONSENT INFORMATIONAL PUBLIC HEARING X REGULAR l~ March)2,2001 Meeting MGR ~PT /)// Authorization REQUEST: Utility Department Requesting the City Commission Hold a First Reading for Ordinance #2001-11 relating to Water Shortages. PURPOSE: The purpe;;e of this Board item is for the City Commission to hold a First 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 exceeds SJR WMD restrictions by the fact that residential reclaimed water usage is proposed to be included in the ordinance, It is our intent to exclude reclaimed water irrigation by the golf courses and parks in the proposed resolution after 2nd reading setting forth the restriction levels. The golf courses and our Parks Director have indicated that they will work to voluntary comply with the restrictions for rough areas, practice fields, passive areas, and other non-play areas. The irrigation restrictions issued by the SJR WMD order declaring a severe water shortage within Seminole County have been previously distributed. Staff is recommending the inclusion of reclaimed water for the following reasons: . Reclaimed water should also be considered a resource . Reclaimed demand exceeded supply 19 times in 2000 (ran out) . Uniformity of enforcement Public Hearing Agenda Item A March 12,2001 Page 2 . If we utilize the well on the golf course to augment the reclaimed water supply, the SJR WMD requires reclaimed water irrigation to also follow the restrictions. In 2000, we augmented with 81 million gallons from the well. Police, Code Enforcement and Utility staff will conduct enforcement of the restrictions. FUNDING: No funding is needed at this time, It is anticipated that any revenues collected from fines would go to the General fund to cover enforcement costs, RECOMMENDATION: It is recommended that the City Commission hold the First Reading of Ordinance #2001-11 amending Chapter 19 to include Water Shortage Conditions and Shortages. IMPLEMENT A TION: The ordinance will be forwarded for second hearing if so moved. A resolution will be prepared for consideration after approval of the 2nd hearing establishing the restriction level of the Water Shortage Plan and any modifications. ATTACHMENTS: 1. Ordinance #2001-11 COMMISSION ACTION: Attachment No.1 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 SHORT AGES 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 SHORT AGES 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 St. 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. IMPLEMENT A TION 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 machinery. except where required by public health: (5) The operation of anv 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 of the 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 jail not to exceed 50 days. Violators may only receive one (1) 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 injunctive 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 jurisdiction. 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 S. 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, Florida, in a regular meeting assembled on the _ day of , 2001. PAUL PARTYKA Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: