HomeMy WebLinkAboutOrdinance 2001-06
ORDINANCE NO. 2001-06
AN EMERGENCY ORDINANCE OF THE CITY OF OCOEE,
FLORIDA, AMENDING AND RESTATING CHAPTER 175 OF
THE CODE OF ORDINANCES OF THE CITY OF OCOEE
REGARDING THE CITY'S WATER SHORTAGE MEASURES;
RESTATING AUTHORITY; RESTATING INTENT;
RESTATING APPLICABILITY; RESTATING DEFINITIONS;
AMENDING AND RESTATING WATER USE RESTRICTIONS;
AMENDING AND RESTATING EXEMPTIONS AND
ALTERNATIVE WATER CONSERVATION PRACTICES;
AMENDING THE VIOLATIONS AND PENAL TIES; FINDING
THE EXISTENCE OF AN EMERGENCY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA AS FOLLOWS:
SECTION ONE. Authoritv. The City Commission ofthe City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State
of Florida and Chapter 166, Florida Statutes, and Section C-8E of the Charter of the City
of Ocoee.
SECTION TWO. Amended and Restated Water Shortae:e Measures. Chapter
175 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read
as follows (with deletions stricken and additions underlined):
CHAPTER 175
WATER SHORT AGE MEASURES
~ 175-1.
Title; authority.
A. This chapter shall be known and may be cited as the "Water Shortage Measures
Chapter."
B. The city has the authority to adopt this chapter pursuant to Article VIII of the
Constitution of the State of Florida and Chapter 166, Florida Statutes.
~ 175-2
Intent.
The intent of this chapter is to set forth uniform citywide water shortage principles
consistent with the applicable rules of both the St. Johns River Water Management
District and the South Florida Water Management District in order to provide for the safe
and prudent use of a limited and valuable resource during a water shortage. During such
times as either the St. Johns River Water Management District or the South Florida Water
Management District declare a water shortage pursuant to Florida Administrative Code
Chapters 40C-21 and 40E-21, respectively, as they may from time to time be amended,
the specific restrictions imposed by the applicable Water Management District which are
more restrictive than the regulations set forth in this chapter shall apply to those areas of
the city within the jurisdiction ofthe applicable Water Management District and shall be
fully enforceable by the city.
~ 175-3
Applicability .
Notwithstanding any provisions of this chapter, this chapter shall not apply to
consumptive uses of water which (i) meet or exceed an individual permitting threshold
under Florida Administrative Code Rule 40C-2.041(1), or (ii) is issued an individual
permit under Chapter 40E-2, Florida Administrative Code. Further, the provisions of this
chapter will only be applicable when the City Commission, by resolution, finds that the
following circumstances exist:
A. The estimated present and anticipated demand for water exceeds the estimated
present and anticipated available water supply such that a water shortage exists;
and
B. The city has an immediate need for measures to address the water shortage to
assure an adequate supply of water to water users within the City of Ocoee' s
water service territory.
~175-4 Definitions.
MICRO-IRRIGATION - The use of equipment and devices specifically designed to
allow the volume of water delivered to be limited to a level consistent with the water
requirement of the vegetation being irrigated and to allow that water to be placed with a
high degree of efficiency in the root zone of the vegetation.
PERSON - Any individual, firm, association, organization, partnership, business trust,
corporation, company, agent, employee, political subdivision, state, district, region or any
other legal entity.
RECLAIMED WATER - Treated domestic wastewater that meets the standards defined
by the Department of Environmental Protection for irrigation on areas that may be
accessible to the public.
VEGETATION - Any living plant, including grass, shrubs or trees.
~175-5
Water use restrictions.
Subject to the exemptions and alternative water conservation practices set forth in 9 175-
6, no person shall irrigate or cause to be irrigated any vegetation, including but not
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limited to lawns, landscaping, agricultural crops, nursery plants, golf courses or
recreational areas (regardless of whether public or private water resources are utilized)
between the hours of8:00 a.m. and 8:00 p.m.. 10 a.m. and 4 p.m.. or such other hours as
may be established by resolution of the City Commission.
~ 175-6
Exemptions, alternative water conservation practices.
Notwithstanding the restrictions set forth in 9 175-5 above, vegetation may be irrigated
between the hours of 8:00 a.m. afld 8:00 p.m. 10 a.m. and 4 p.m.. or such other hours as
may be established by resolution of the City Commission, provided that proof of
compliance with an exemption or alternative water conservation practice identified in this
section is readily available to enforcement personnel and the person meets one (1) or
more of the following criteria:
006.207293.3
A.
Use of a micro-irrigation system;
B.
Use of reclaimed water;
C.
Use of recycled water from wet detention treatment ponds, provided that the
ponds are not augmented from any ground or off-site surface water or public
water supply sources;
D.
Irrigation of or in preparation for planting, new landscaping, new sod, agricultural
crops or nursery stock, during one (1) thirty-day period, provided that irrigation is
limited to the amount necessary for crop or plant establishment and irrigation of
new landscaping and newly seeded or sprigged golf course areas, during one (1)
sixty-day period;
E.
Chemigation and fertigation by irrigation one (1) time per week;
F.
Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides
and herbicides when required by law, the manufacturer or best management
practices, within twenty-four (24) hours of application;
G.
Operation of irrigation systems for maintenance or repair purposes not to exceed
ten (10) minutes per hour per zone;
H.
Irrigation of agricultural crops by seepage systems which regulate off site
discharges through the use of '.vater control structures, provided that the diseharge
does not o'/ertop the e(mtrol strueture by more than ORe half (1/2) ineh, there is no
discharge bet'Neen 1 :00 p.m. and 7:00 p.m. uRless associated "-,4th a storm e'/ent
and the struoture is well maintained;
1.
Use of water to protect agricultural crops and nursery plants, except ferns, from
frost or freeze damage when freezing temperatures or frost are predicted by an
official weather forecasting service;
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J. Use of water to protect ferns from frost or freeze damage when the "wet bulb"
temperature, as measured by a "wet bulb" thermometer at the site of application,
is thirty-four degrees Fahrenheit (340 F.) or less [freeze protection must cease
when temperatures rise above forty degrees Fahrenheit (400 F.)];
K. Use of water to protect agricultural crops, nursery plants or golf course turf from
heat stress damage, provided that the watering does not exceed ten (10) minutes
per hour per zone or one (1) twenty-minute period per day, whichever is
applicable;
L. Irrigation of agricultural crops by traveling volume guns which require manual
repositioning; or
M. Irrigation using one (1) hand-held hose equipped with an automatic shut-off
nozzle.
~ 175-7
Violations and penalties.
.^~ny person violatiFlg aflY provision of this ehapter shall, upon conviction, be pooished by
a fine of fifty dollars ($50.) per 'liolation relating to a residential use and one hundred
dollars ($100.) per violation relating to a nonresidential use. A. Any person violating
any provision of this chapter shall be subiect to the following fines or fees:
First violation
Second violation
Third violation
Fourth violation
Fifth violation
Written Warning
$50.00 fine
$100.00 fine
$250.00 fine
$500.00 fine
The above fines or fees shall be applicable to both residential and non-residential water
users. Each day such violation is committed or permitted to continue shall constitute a
separate offense. Fines or fees levied pursuant to this section shall be set forth in the
violator's monthly water bill issued by the City for potable water service and shall be
considered as an additional fee for receipt of potable water service. If such water bill is
not paid in full. including the fine or fee levied in coni unction herewith. in the time
allowed for payment of such bill as provided in Chapter 173 of the City Code. then the
City shall have the right to collect such fine or fee in the same manner as the collection of
other water fees and charges. including but not limited to the right to terminate water
service to the violator pursuant to the provisions of Section 173-4 of the City Code.
Nothing contained in this chapter shall be construed to prohibit the issuaFlee of "laming
citations with respeet to which no fine is imposed.
006.207293.3
B. Any person who receives a violation notice under the provisions of this
Chapter can appeal the issuance of such violation notice and the imposition of the fine or
fee in writing to the City Manager of the City of Ocoee. who shall have the authority to
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waive the fine or fee if the City Manager determines that there exists extenuating or
extraordinary circumstances.
~ 175-8
Enforcement.
Every police officer having iurisdiction in the City of Ocoee shall. in connection with all
other duties imposed by law. diligently enforce the provisions ofthis Chapter and shall
have the authority to issue citations and levy fines in connection therewith. In addition.
the City Manager may also delegate enforcement responsibility for this Chapter to
designated employees of the City. who shall have the authority to enforce the provisions
of this Chapter and issue citations and levy fines in connection therewith.
SECTION THREE. Emere:ency Ordinance. Pursuant to Section
166.04l(3)(b), Florida Statutes, the City Commission ofthe City ofOcoee hereby finds
that an emergency situation exists due to the water shortage emergency declared by the
St. Johns River Water Management District within the City ofOcoee and the District's
request of the City to expedite implementation and enforcement of the provisions of the
District water shortage plan.
SECTION FOUR. Severability. If any section, subsection, sentence, clause,
phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining
portion hereto.
SECTION FIVE. Codification. It is the intention of the City Commission of
the City that the provisions of this ordinance shall become and be made a part of the Code
of Ordinances of the City; and that sections of this ordinance may be renumbered or re-
lettered and the word "ordinance" may be changed to "chapter," "section," "article," or
such other appropriate word or phrase in order to accomplish such intentions; and
regardless of whether such inclusion in the code is accomplished, sections of this
ordinance may be renumbered or re-lettered and the correction oftypographical errors
which do not affect the intent maybe authorized by the City Manager, without need of
public hearing, by filing a corrected or re-codified copy of same with the City Clerk.
SECTION SIX. Effective Date. This Ordinance shall become
effective immediately upon passage and adoption.
006.207293.3
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PASSED AND ADOPTED BY THE UNANIMOJhS VOTE OF THE CITY
COMMISSION OF THE CITY OF OCOEE this 010 day of ~MI/AIl.f' 2001.
APPROVED:
ATTEST:
Je
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE,
APPROVED AS TO FORM AND
LEG1\LITY, THIS ffiD day
of rOlJlV'o..f'j ,2001
::Lr;Jf~
CITY ATTORNEY
006.207293.3
C. ITY .OF OCO. E. El'~. O. R.I DA
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-~ ".' . ,
...-'~ '1"'_, .
S. Scott Vandergrift, Mayor
READ FIRST TIME AND ADOPTED
-F~Atu~ 20 ,2001
UNDER AG NDA ITEM NO.:J7L IL
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